106TH CONGRESS

2D SESSION H. R. 1064

AN ACT

To authorize a coordinated program to promote the

development of democracy in Serbia and Montenegro.

106TH CONGRESS

2D SESSION H. R. 1064

AN ACT

To authorize a coordinated program to promote the

development of democracy in Serbia and Montenegro.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Serbia Democratization Act of 2000’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—SUPPORT FOR THE DEMOCRATIC FORCES

Sec. 101. Findings and policy.

Sec. 102. Assistance to promote democracy and civil society in Yugoslavia.

Sec. 103. Authority for radio and television broadcasting.

Sec. 104. Development of political contacts relating to the Republic of Serbia

and the Republic of Montenegro.

TITLE II—ASSISTANCE TO THE VICTIMS OF OPPRESSION

Sec. 201. Findings.

Sec. 202. Sense of the Congress.

Sec. 203. Assistance.

TITLE III—‘‘OUTER WALL’’ SANCTIONS

Sec. 301. ‘‘Outer Wall’’ sanctions.

Sec. 302. International financial institutions not in compliance with ‘‘Outer

Wall’’ sanctions.

TITLE IV—OTHER MEASURES AGAINST YUGOSLAVIA

Sec. 401. Blocking assets in the United States.

Sec. 402. Suspension of entry into the United States.

Sec. 403. Prohibition on strategic exports to Yugoslavia.

Sec. 404. Prohibition on loans and investment.

Sec. 405. Prohibition of military-to-military cooperation.

Sec. 406. Multilateral sanctions.

Sec. 407. Exemptions.

Sec. 408. Waiver; termination of measures against Yugoslavia.

Sec. 409. Statutory construction.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. International Criminal Tribunal for the former Yugoslavia.

Sec. 502. Sense of the Congress with respect to ethnic Hungarians of

Vojvodina.

Sec. 503. Ownership and use of diplomatic and consular properties.

Sec. 504. Transition assistance.

6 SEC. 2. DEFINITIONS.

7 In this Act:
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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Foreign Relations

4 of the Senate and the Committee on International

5 Relations of the House of Representatives.

6 (2) COMMERCIAL EXPORT.—The term ‘‘com7 mercial export’’ means the sale of an agricultural

8 commodity, medicine, or medical equipment by a

9 United States seller to a foreign buyer in exchange

10 for cash payment on market terms without benefit

11 of concessionary financing, export subsidies, govern12 ment or government-backed credits or other non13 market financing arrangements.

14 (3) INTERNATIONAL CRIMINAL TRIBUNAL FOR

15 THE FORMER YUGOSLAVIA OR TRIBUNAL.—The term

16 ‘‘International Criminal Tribunal for the former

17 Yugoslavia’’ or the ‘‘Tribunal’’ means the Inter18 national Tribunal for the Prosecution of Persons Re19 sponsible for Serious Violations of International Hu20 manitarian Law Committed in the Territory of the

21 Former Yugoslavia Since 1991, as established by

22 United Nations Security Council Resolution 827 of

23 May 25, 1993.

24 (4) YUGOSLAVIA.—The term ‘‘Yugoslavia’’

25 means the so-called Federal Republic of Yugoslavia
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1 (Serbia and Montenegro), and the term ‘‘Govern2 ment of Yugoslavia’’ means the central government

3 of Yugoslavia.

4 TITLE I—SUPPORT FOR THE

5 DEMOCRATIC FORCES

6 SEC. 101. FINDINGS AND POLICY.

7 (a) FINDINGS.—Congress finds the following:

8 (1) The President of Yugoslavia, Slobodan

9 Milosevic, has consistently engaged in undemocratic

10 methods of governing.

11 (2) Yugoslavia has passed and implemented a

12 law strictly limiting freedom of the press and has

13 acted to intimidate and prevent independent media

14 from operating inside Yugoslavia.

15 (3) Although the Yugoslav and Serbian con16 stitutions provide for the right of citizens to change

17 their government, citizens of Serbia in practice are

18 prevented from exercising that right by the Milosevic

19 regime’s domination of the mass media and manipu20 lation of the electoral process.

21 (4) The Yugoslav and Serbian governments

22 have orchestrated attacks on academics at institutes

23 and universities throughout the country in an effort

24 to prevent the dissemination of opinions that differ

25 from official state propaganda.
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1 (5) The Yugoslav and Serbian governments

2 hinder the formation of nonviolent, democratic oppo3 sition through restrictions on freedom of assembly

4 and association.

5 (6) The Yugoslav and Serbian governments use

6 control and intimidation to control the judiciary and

7 manipulate the country’s legal framework to suit the

8 regime’s immediate political interests.

9 (7) The Government of Serbia and the Govern10 ment of Yugoslavia, under the direction of President

11 Milosevic, have obstructed the efforts of the Govern12 ment of Montenegro to pursue democratic and free13 market policies.

14 (8) At great risk, the Government of Monte15 negro has withstood efforts by President Milosevic to

16 interfere with its government.

17 (9) The people of Serbia who do not endorse

18 the undemocratic actions of the Milosevic govern19 ment should not be the target of criticism that is

20 rightly directed at the Milosevic regime.

21 (b) POLICY; SENSE OF THE CONGRESS.—

22 (1) POLICY.—It is the policy of the United

23 States to encourage the development of a govern24 ment in Yugoslavia based on democratic principles
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1 and the rule of law and that respects internationally

2 recognized human rights.

3 (2) SENSE OF THE CONGRESS.—It is the sense

4 of the Congress that—

5 (A) the United States should actively sup6 port the democratic forces in Yugoslavia, in7 cluding political parties and independent trade

8 unions, to develop a legitimate and viable alter9 native to the Milosevic regime;

10 (B) all United States Government officials,

11 including individuals from the private sector

12 acting on behalf of the United States Govern13 ment, should meet regularly with representa14 tives of democratic forces in Yugoslavia and

15 minimize to the extent practicable any direct

16 contacts with officials of the Yugoslav or Ser17 bian governments, and not meet with any indi18 vidual indicted by the International Criminal

19 Tribunal for the former Yugoslavia, particularly

20 President Slobodan Milosevic; and

21 (C) the United States should emphasize to

22 all political leaders in Yugoslavia the impor23 tance of respecting internationally recognized

24 human rights for all individuals residing in

25 Yugoslavia.
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1 SEC. 102. ASSISTANCE TO PROMOTE DEMOCRACY AND

2 CIVIL SOCIETY IN YUGOSLAVIA.

3 (a) ASSISTANCE FOR THE SERBIAN DEMOCRATIC

4 FORCES.—

5 (1) PURPOSE OF ASSISTANCE.—The purpose of

6 assistance under this subsection is to promote and

7 strengthen institutions of democratic government

8 and the growth of an independent civil society in

9 Serbia, including ethnic tolerance and respect for

10 internationally recognized human rights.

11 (2) AUTHORIZATION FOR ASSISTANCE.—To

12 carry out the purpose of paragraph (1), the Presi13 dent is authorized to furnish assistance and other

14 support for the activities described in paragraph (3).

15 (3) ACTIVITIES SUPPORTED.—Activities that

16 may be supported by assistance under paragraph (2)

17 include the following:

18 (A) Democracy building.

19 (B) The development of nongovernmental

20 organizations.

21 (C) The development of independent Ser22 bian media.

23 (D) The development of the rule of law, to

24 include a strong, independent judiciary, the im25 partial administration of justice, and trans26 parency in political practices.
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1 (E) International exchanges and advanced

2 professional training programs in skill areas

3 central to the development of civil society and

4 a market economy.

5 (F) The development of all elements of the

6 democratic process, including political parties

7 and the ability to administer free and fair elec8 tions.

9 (G) The development of local governance.

10 (H) The development of a free-market

11 economy.

12 (4) AUTHORIZATION OF APPROPRIATIONS.—

13 (A) IN GENERAL.—There is authorized to

14 be appropriated to the President $50,000,000

15 for the period beginning October 1, 2000, and

16 ending September 30, 2001, to be made avail17 able for activities in support of the democratiza18 tion of the Republic of Serbia (excluding

19 Kosovo) pursuant to this subsection.

20 (B) AVAILABILITY OF FUNDS.—Amounts

21 appropriated pursuant to subparagraph (A) are

22 authorized to remain available until expended.

23 (b) PROHIBITION ON ASSISTANCE TO GOVERNMENT

24 OF YUGOSLAVIA OR OF SERBIA.—In carrying out sub25 section (a), the President should take all necessary steps
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1 to ensure that no funds or other assistance is provided

2 to the Government of Yugoslavia or to the Government

3 of Serbia, except for purposes permitted under this title.

4 (c) ASSISTANCE TO GOVERNMENT OF MONTE5 NEGRO.—

6 (1) IN GENERAL.—The President may provide

7 assistance to the Government of Montenegro, unless

8 the President determines, and so reports to the ap9 propriate congressional committees, that the leader10 ship of the Government of Montenegro is not com11 mitted to, or is not taking steps to promote, demo12 cratic principles, the rule of law, or respect for inter13 nationally recognized human rights.

14 (2) AUTHORIZATION OF APPROPRIATIONS.—

15 Unless the President makes the determination, and

16 so reports to the appropriate congressional commit17 tees, under paragraph (1), there is authorized to be

18 appropriated to the President $55,000,000 for the

19 period beginning October 1, 2000, and ending Sep20 tember 30, 2001, to be made available for activities

21 for or in the Republic of Montenegro for purposes

22 described in subsection (a), as well as to support on23 going political and economic reforms, and economic

24 stabilization in support of democratization.
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1 SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROAD2 CASTING.

3 (a) IN GENERAL.—The Broadcasting Board of Gov4 ernors shall further the open communication of informa5 tion and ideas through the increased use of radio and tele6 vision broadcasting to Yugoslavia in both the Serbo-Cro7 atian and Albanian languages.

8 (b) IMPLEMENTATION.—Radio and television broad9 casting under subsection (a) shall be carried out by the

10 Voice of America and, in addition, radio broadcasting

11 under that subsection shall be carried out by RFE/RL,

12 Incorporated. Subsection (a) shall be carried out in ac13 cordance with all the respective Voice of America and

14 RFE/RL, Incorporated, standards to ensure that radio

15 and television broadcasting to Yugoslavia serves as a con16 sistently reliable and authoritative source of accurate, ob17 jective, and comprehensive news.

18 (c) STATUTORY CONSTRUCTION.—The implementa19 tion of subsection (a) may not be construed as a replace20 ment for the strengthening of indigenous independent

21 media called for in section 102(a)(3)(C). To the maximum

22 extent practicable, the two efforts (strengthening inde23 pendent media and increasing broadcasts into Serbia)

24 shall be carried out in such a way that they mutually sup25 port each other.
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1 SEC. 104. DEVELOPMENT OF POLITICAL CONTACTS RELAT2 ING TO THE REPUBLIC OF SERBIA AND THE

3 REPUBLIC OF MONTENEGRO.

4 (a) SENSE OF THE CONGRESS.—It is the sense of the

5 Congress that political contacts between United States of6 ficials and those individuals who, in an official or unoffi7 cial capacity, represent a genuine desire for democratic

8 governance in the Republic of Serbia and the Republic of

9 Montenegro should be developed through regular and well

10 publicized meetings.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to the Secretary of State

13 $350,000 for fiscal year 2001 for a voluntary contribution

14 to the Organization for Security and Cooperation in Eu15 rope (OSCE) and the OSCE Parliamentary Assembly—

16 (1) to facilitate contacts by those who, in an of17 ficial or unofficial capacity, represent a genuine de18 sire for democratic governance in the Republic of

19 Serbia and the Republic of Montenegro, with their

20 counterparts in other countries; and

21 (2) to encourage the development of a multilat22 eral effort to promote democracy in the Republic of

23 Serbia and the Republic of Montenegro.
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1 TITLE II—ASSISTANCE TO THE

2 VICTIMS OF OPPRESSION

3 SEC. 201. FINDINGS.

4 Congress finds the following:

5 (1) Beginning in February 1998 and ending in

6 June 1999, the armed forces of Yugoslavia and the

7 Serbian Interior Ministry police force engaged in a

8 brutal crackdown against the ethnic Albanian popu9 lation in Kosovo.

10 (2) As a result of the attack by Yugoslav and

11 Serbian forces against the Albanian population of

12 Kosovo, more than 10,000 individuals were killed

13 and 1,500,000 individuals were displaced from their

14 homes.

15 (3) The majority of the individuals displaced by

16 the conflict in Kosovo was left homeless or was

17 forced to find temporary shelter in Kosovo or outside

18 the country.

19 (4) The activities of the Yugoslav armed forces

20 and the police force of the Serbian Interior Ministry

21 resulted in the widespread destruction of agricultural

22 crops, livestock, and property, as well as the poi23 soning of wells and water supplies, and the looting

24 of humanitarian goods provided by the international

25 community.
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1 SEC. 202. SENSE OF THE CONGRESS.

2 It is the sense of the Congress that—

3 (1) the Government of Yugoslavia and the Gov4 ernment of Serbia bear responsibility to the victims

5 of the conflict in Kosovo, including refugees and in6 ternally displaced persons, and for property damage

7 in Kosovo;

8 (2) under the direction of President Milosevic,

9 neither the Government of Yugoslavia nor the Gov10 ernment of Serbia provided the resources to assist

11 innocent, civilian victims of oppression in Kosovo;

12 and

13 (3) because neither the Government of Yugo14 slavia nor the Government of Serbia fulfilled the re15 sponsibilities of a sovereign government toward the

16 people in Kosovo, the international community offers

17 the only recourse for humanitarian assistance to vic18 tims of oppression in Kosovo.

19 SEC. 203. ASSISTANCE.

20 (a) AUTHORITY.—The President is authorized to fur21 nish assistance under section 491 of the Foreign Assist22 ance Act of 1961 (22 U.S.C. 2292) and the Migration and

23 Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.),

24 as appropriate, for—

25 (1) relief, rehabilitation, and reconstruction in

26 Kosovo; and
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1 (2) refugees and persons displaced by the con2 flict in Kosovo.

3 (b) PROHIBITION.—No assistance may be provided

4 under this section to any organization that has been des5 ignated as a foreign terrorist organization under section

6 219 of the Immigration and Nationality Act (8 U.S.C.

7 1189).

8 (c) USE OF ECONOMIC SUPPORT FUNDS.—Any funds

9 that have been allocated under chapter 4 of part II of the

10 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.)

11 for assistance described in subsection (a) may be used in

12 accordance with the authority of that subsection.

13 TITLE III—‘‘OUTER WALL’’

14 SANCTIONS

15 SEC. 301. ‘‘OUTER WALL’’ SANCTIONS.

16 (a) APPLICATION OF MEASURES.—The sanctions de17 scribed in subsections (c) through (g) shall apply with re18 spect to Yugoslavia until the President determines and

19 certifies to the appropriate congressional committees that

20 the Government of Yugoslavia has made significant

21 progress in meeting the conditions described in subsection

22 (b).

23 (b) CONDITIONS.—The conditions referred to in sub24 section (a) are the following:
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1 (1) Agreement on a lasting settlement in

2 Kosovo.

3 (2) Compliance with the General Framework

4 Agreement for Peace in Bosnia and Herzegovina.

5 (3) Implementation of internal democratic re6 form.

7 (4) Settlement of all succession issues with the

8 other republics that emerged from the break-up of

9 the Socialist Federal Republic of Yugoslavia.

10 (5) Cooperation with the International Criminal

11 Tribunal for the former Yugoslavia, including the

12 transfer to The Hague of all individuals in Yugo13 slavia indicted by the Tribunal.

14 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—

15 The Secretary of the Treasury shall instruct the United

16 States executive directors of the international financial in17 stitutions to oppose, and vote against, any extension by

18 those institutions of any financial assistance (including

19 any technical assistance or grant) of any kind to the Gov20 ernment of Yugoslavia.

21 (d) ORGANIZATION FOR SECURITY AND COOPERA22 TION IN EUROPE.—The Secretary of State should instruct

23 the United States Ambassador to the Organization for Se24 curity and Cooperation in Europe (OSCE) to oppose and

25 block any consensus to allow the participation of Yugo-
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1 slavia in the OSCE or any organization affiliated with the

2 OSCE.

3 (e) UNITED NATIONS.—The Secretary of State

4 should instruct the United States Permanent Representa5 tive to the United Nations—

6 (1) to oppose and vote against any resolution in

7 the United Nations Security Council to admit Yugo8 slavia to the United Nations or any organization af9 filiated with the United Nations; and

10 (2) to actively oppose and, if necessary, veto

11 any proposal to allow Yugoslavia to assume the

12 membership of the former Socialist Federal Republic

13 of Yugoslavia in the United Nations General Assem14 bly or any other organization affiliated with the

15 United Nations.

16 (f) NATO.—The Secretary of State should instruct

17 the United States Permanent Representative to the North

18 Atlantic Council to oppose and vote against the extension

19 to Yugoslavia of membership or participation in the Part20 nership for Peace program or any other organization affili21 ated with NATO.

22 (g) SOUTHEAST EUROPEAN COOPERATION INITIA23 TIVE.—The Secretary of State should instruct the United

24 States Representatives to the Southeast European Co-
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1 operation Initiative (SECI) to actively oppose the partici2 pation of Yugoslavia in SECI.

3 (h) SENSE OF THE CONGRESS.—It is the sense of

4 the Congress that—

5 (1) the President should not restore full diplo6 matic relations with Yugoslavia until the President

7 has determined and so reported to the appropriate

8 congressional committees that the Government of

9 Yugoslavia has met the conditions described in sub10 section (b); and

11 (2) the President should encourage all other

12 European countries to diminish their level of diplo13 matic relations with Yugoslavia.

14 (i) INTERNATIONAL FINANCIAL INSTITUTION DE15 FINED.—In this section, the term ‘‘international financial

16 institution’’ includes the International Monetary Fund,

17 the International Bank for Reconstruction and Develop18 ment, the International Development Association, the

19 International Finance Corporation, the Multilateral In20 vestment Guaranty Agency, and the European Bank for

21 Reconstruction and Development.
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1 SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT

2 IN COMPLIANCE WITH ‘‘OUTER WALL’’ SANC3 TIONS.

4 It is the sense of the Congress that, if any inter5 national financial institution (as defined in section 301(i))

6 approves a loan or other financial assistance to the Gov7 ernment of Yugoslavia over the opposition of the United

8 States, then the Secretary of the Treasury should withhold

9 from payment of the United States share of any increase

10 in the paid-in capital of such institution an amount equal

11 to the amount of the loan or other assistance.

12 TITLE IV—OTHER MEASURES

13 AGAINST YUGOSLAVIA

14 SEC. 401. BLOCKING ASSETS IN THE UNITED STATES.

15 (a) BLOCKING OF ASSETS.—All property and inter16 ests in property, including all commercial, industrial, or

17 public utility undertakings or entities, of or in the name

18 of the Government of Serbia or the Government of Yugo19 slavia that are in the United States, that come within the

20 United States, or that are or come within the possession

21 or control of United States persons, including their over22 seas branches, are blocked.

23 (b) PROHIBITED TRANSFERS.—Payments or trans24 fers of any property or any transactions involving the

25 transfer of anything of economic value by any United

26 States person to the Government of Serbia, the Govern-
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1 ment of Yugoslavia, or any person or entity acting for or

2 on behalf of, or owned or controlled, directly or indirectly,

3 by any of those governments, persons, or entities, are pro4 hibited.

5 (c) EXERCISE OF AUTHORITIES.—The Secretary of

6 the Treasury, in consultation with the Secretary of State,

7 shall take such actions, including the promulgation of reg8 ulations, orders, directives, rulings, instructions, and li9 censes, and employ all powers granted to the President

10 by the International Emergency Economic Powers Act, as

11 may be necessary to carry out the purposes of this section,

12 including, but not limited to, taking such steps as may

13 be necessary to continue in effect the measures contained

14 in Executive Order No. 13088 of June 9, 1998, and Exec15 utive Order No. 13121 of April 30, 1999, and any rule,

16 regulation, license, or order issued thereunder.

17 (d) PAYMENT OF EXPENSES.—All expenses incident

18 to the blocking and maintenance of property blocked under

19 subsection (a) shall be charged to the owners or operators

20 of such property, and expenses shall not be paid for from

21 blocked funds.

22 (e) PROHIBITIONS.—The following are prohibited:

23 (1) Any transaction within the United States or

24 by a United States person relating to any vessel in

25 which a majority or controlling interest is held by a
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1 person or entity in, or operating from, Serbia, re2 gardless of the flag under which the vessel sails.

3 (2)(A) The exportation to Serbia or to any enti4 ty operated from Serbia or owned and controlled by

5 the Government of Serbia or the Government of

6 Yugoslavia, directly or indirectly, of any goods, soft7 ware technology, or services, either—

8 (i) from the United States;

9 (ii) requiring the issuance of a license by

10 a Federal agency; or

11 (iii) involving the use of United States reg12 istered vessels or aircraft.

13 (B) Any activity that promotes or is intended to

14 promote exportation described in subparagraph (A).

15 (3)(A) Any dealing by a United States person

16 in—

17 (i) property exported from Serbia; or

18 (ii) property intended for exportation from

19 Serbia to any country or exportation to Serbia

20 from any country.

21 (B) Any activity of any kind that promotes or

22 is intended to promote any dealing described in sub23 paragraph (A).

24 (4) The performance by any United States per25 son of any contract, including a financing contract,
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1 in support of an industrial, commercial, public util2 ity, or governmental project in Serbia.

3 (f) EXCEPTIONS.—Nothing in this section shall apply

4 to—

5 (1) assistance provided under section 102 or

6 section 203 of this Act; or

7 (2) information or informational materials de8 scribed in section 203(b)(3) of the International

9 Emergency Economic Powers Act.

10 (g) DEFINITION.—In this section, the term ‘‘United

11 States person’’ means any United States citizen, any alien

12 lawfully admitted for permanent residence within the

13 United States, any entity organized under the laws of the

14 United States (including foreign branches), or any person

15 in the United States.

16 SEC. 402. SUSPENSION OF ENTRY INTO THE UNITED

17 STATES.

18 (a) PROHIBITION.—The President shall use his au19 thority under section 212(f) of the Immigration and Na20 tionality Act (8 U.S.C. 1182(f)) to suspend the entry into

21 the United States of any alien who—

22 (1) holds a position in the senior leadership of

23 the Government of Yugoslavia or the Government of

24 Serbia; or
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1 (2) is a spouse, minor child, or agent of a per2 son inadmissible under paragraph (1).

3 (b) SENIOR LEADERSHIP DEFINED.—In subsection

4 (a)(1), the term ‘‘senior leadership’’—

5 (1) includes—

6 (A) the President, Prime Minister, Deputy

7 Prime Ministers, and government ministers of

8 Yugoslavia;

9 (B) the Governor of the National Bank of

10 Yugoslavia; and

11 (C) the President, Prime Minister, Deputy

12 Prime Ministers, and government ministers of

13 the Republic of Serbia; and

14 (2) does not include the President, Prime Min15 ister, Deputy Prime Ministers, and government min16 isters of the Republic of Montenegro.

17 SEC. 403. PROHIBITION ON STRATEGIC EXPORTS TO YUGO18 SLAVIA.

19 (a) PROHIBITION.—No computers, computer soft20 ware, or goods or technology intended to manufacture or

21 service computers may be exported to or for use by the

22 Government of Yugoslavia or by the Government of Ser23 bia, or by any of the following entities of either govern24 ment:

25 (1) The military.
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1 (2) The police.

2 (3) The prison system.

3 (4) The national security agencies.

4 (b) STATUTORY CONSTRUCTION.—Nothing in this

5 section shall prevent the issuance of licenses to ensure the

6 safety of civil aviation and safe operation of United States7 origin commercial passenger aircraft and to ensure the

8 safety of ocean-going maritime traffic in international wa9 ters.

10 SEC. 404. PROHIBITION ON LOANS AND INVESTMENT.

11 (a) UNITED STATES GOVERNMENT FINANCING.—No

12 loan, credit guarantee, insurance, financing, or other simi13 lar financial assistance may be extended by any agency

14 of the United States Government (including the Export15 Import Bank and the Overseas Private Investment Cor16 poration) to the Government of Yugoslavia or the Govern17 ment of Serbia.

18 (b) TRADE AND DEVELOPMENT AGENCY.—No funds

19 made available by law may be available for activities of

20 the Trade and Development Agency in or for Serbia.

21 (c) THIRD COUNTRY ACTION.—The Secretary of

22 State is urged to encourage all other countries, particu23 larly European countries, to suspend any of their own pro24 grams providing support similar to that described in sub25 section (a) or (b) to the Government of Yugoslavia or the
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1 Government of Serbia, including by rescheduling repay2 ment of the indebtedness of either government under more

3 favorable conditions.

4 (d) PROHIBITION ON PRIVATE CREDITS.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), no national of the United States may

7 make or approve any loan or other extension of cred8 it, directly or indirectly, to the Government of Yugo9 slavia or to the Government of Serbia or to any cor10 poration, partnership, or other organization that is

11 owned or controlled by either the Government of

12 Yugoslavia or the Government of Serbia.

13 (2) EXCEPTION.—Paragraph (1) shall not

14 apply to a loan or extension of credit for any hous15 ing, education, or humanitarian benefit to assist the

16 victims of oppression in Kosovo.

17 SEC. 405. PROHIBITION OF MILITARY-TO-MILITARY CO18 OPERATION.

19 The United States Government (including any agency

20 or entity of the United States) shall not provide assistance

21 under the Foreign Assistance Act of 1961 or the Arms

22 Export Control Act (including the provision of Foreign

23 Military Financing under section 23 of the Arms Export

24 Control Act or international military education and train25 ing under chapter 5 of part II of the Foreign Assistance
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1 Act of 1961) or provide any defense articles or defense

2 services under those Acts, to the armed forces of the Gov3 ernment of Yugoslavia or of the Government of Serbia.

4 SEC. 406. MULTILATERAL SANCTIONS.

5 It is the sense of the Congress that the President

6 should continue to seek to coordinate with other countries,

7 particularly European countries, a comprehensive, multi8 lateral strategy to further the purposes of this title, includ9 ing, as appropriate, encouraging other countries to take

10 measures similar to those described in this title.

11 SEC. 407. EXEMPTIONS.

12 (a) EXEMPTION FOR KOSOVO.—None of the restric13 tions imposed by this Act shall apply with respect to

14 Kosovo, including with respect to governmental entities or

15 administering authorities or the people of Kosovo.

16 (b) EXEMPTION FOR MONTENEGRO.—None of the re17 strictions imposed by this Act shall apply with respect to

18 Montenegro, including with respect to governmental enti19 ties of Montenegro, unless the President determines and

20 so certifies to the appropriate congressional committees

21 that the leadership of the Government of Montenegro is

22 not committed to, or is not taking steps to promote, demo23 cratic principles, the rule of law, or respect for internation24 ally recognized human rights.
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1 SEC. 408. WAIVER; TERMINATION OF MEASURES AGAINST

2 YUGOSLAVIA.

3 (a) GENERAL WAIVER AUTHORITY.—Except as pro4 vided in subsection (b), the requirement to impose any

5 measure under this Act may be waived for successive peri6 ods not to exceed 12 months each, and the President may

7 provide assistance in furtherance of this Act notwith8 standing any other provision of law, if the President deter9 mines and so certifies to the appropriate congressional

10 committees in writing 15 days in advance of the implemen11 tation of any such waiver that—

12 (1) it is important to the national interest of

13 the United States; or

14 (2) significant progress has been made in Yugo15 slavia in establishing a government based on demo16 cratic principles and the rule of law, and that re17 spects internationally recognized human rights.

18 (b) EXCEPTION.—The President may implement the

19 waiver under subsection (a) for successive periods not to

20 exceed 3 months each without the 15 day advance notifica21 tion under that subsection—

22 (1) if the President determines that exceptional

23 circumstances require the implementation of such

24 waiver; and
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1 (2) the President immediately notifies the ap2 propriate congressional committees of his determina3 tion.

4 (c) TERMINATION OF RESTRICTIONS.—The restric5 tions imposed by this title shall be terminated if the Presi6 dent determines and so certifies to the appropriate con7 gressional committees that the Government of Yugoslavia

8 is a government that is committed to democratic principles

9 and the rule of law, and that respects internationally rec10 ognized human rights.

11 SEC. 409. STATUTORY CONSTRUCTION.

12 (a) IN GENERAL.—None of the restrictions or prohi13 bitions contained in this Act shall be construed to limit

14 humanitarian assistance (including the provision of food

15 and medicine), or the commercial export of agricultural

16 commodities or medicine and medical equipment, to Yugo17 slavia.

18 (b) SPECIAL RULE.—Nothing in subsection (a) shall

19 be construed to permit the export of an agricultural com20 modity or medicine that could contribute to the develop21 ment of a chemical or biological weapon.
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1 TITLE V—MISCELLANEOUS

2 PROVISIONS

3 SEC. 501. INTERNATIONAL CRIMINAL TRIBUNAL FOR THE

4 FORMER YUGOSLAVIA.

5 (a) FINDINGS.—Congress finds the following:

6 (1) United Nations Security Council Resolution

7 827, which was adopted May 25, 1993, established

8 the International Criminal Tribunal for the former

9 Yugoslavia to prosecute persons responsible for seri10 ous violations of international humanitarian law

11 committed in the territory of the former Yugoslavia

12 since January 1, 1991.

13 (2) United Nations Security Council Resolution

14 827 requires full cooperation by all countries with

15 the Tribunal, including the obligation of countries to

16 comply with requests of the Tribunal for assistance

17 or orders.

18 (3) The Government of Yugoslavia has dis19 regarded its international obligations with regard to

20 the Tribunal, including its obligation to transfer or

21 facilitate the transfer to the Tribunal of any person

22 on the territory of Yugoslavia who has been indicted

23 for war crimes or other crimes against humanity

24 under the jurisdiction of the Tribunal.
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1 (4) The Government of Yugoslavia publicly re2 jected the Tribunal’s jurisdiction over events in

3 Kosovo and has impeded the investigation of rep4 resentatives from the Tribunal, including denying

5 those representatives visas for entry into Yugoslavia,

6 in their efforts to gather information about alleged

7 crimes against humanity in Kosovo under the juris8 diction of the Tribunal.

9 (5) The Tribunal has indicted President

10 Slobodan Milosevic for—

11 (A) crimes against humanity, specifically

12 murder, deportations, and persecutions; and

13 (B) violations of the laws and customs of

14 war.

15 (b) POLICY.—It shall be the policy of the United

16 States to support fully and completely the investigation

17 of President Slobodan Milosevic by the International

18 Criminal Tribunal for the former Yugoslavia for genocide,

19 crimes against humanity, war crimes, and grave breaches

20 of the Geneva Convention.

21 (c) SENSE OF THE CONGRESS.—Subject to sub22 section (b), it is the sense of the Congress that the United

23 States Government should gather all information that the

24 intelligence community (as defined in section 3(4) of the

25 National Security Act of 1947 (50 U.S.C. 401a(4)) col-
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1 lects or has collected to support an investigation of Presi2 dent Slobodan Milosevic for genocide, crimes against hu3 manity, war crimes, and grave breaches of the Geneva

4 Convention by the International Criminal Tribunal for the

5 former Yugoslavia (ICTY) and that the Department of

6 State should provide all appropriate information to the Of7 fice of the Prosecutor of the ICTY under procedures es8 tablished by the Director of Central Intelligence that are

9 necessary to ensure adequate protection of intelligence

10 sources and methods.

11 (d) REPORT TO CONGRESS.—Not less than 180 days

12 after the date of the enactment of this Act, and every 180

13 days thereafter for the succeeding 5-year period, the Presi14 dent shall submit a report, in classified form if necessary,

15 to the appropriate congressional committees that describes

16 the information that was provided by the Department of

17 State to the Office of the Prosecutor of the International

18 Criminal Tribunal for the former Yugoslavia for the pur19 poses of subsection (c).

20 SEC. 502. SENSE OF THE CONGRESS WITH RESPECT TO

21 ETHNIC HUNGARIANS OF VOJVODINA.

22 (a) FINDINGS.—Congress finds that—

23 (1) approximately 350,000 ethnic Hungarians,

24 as well as several other minority populations, reside
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1 in the province of Vojvodina, part of Serbia, in tradi2 tional settlements in existence for centuries;

3 (2) this community has taken no side in any of

4 the Balkan conflicts since 1990, but has maintained

5 a consistent position of nonviolence, while seeking to

6 protect its existence through the meager opportuni7 ties afforded under the existing political system;

8 (3) the Serbian leadership deprived Vojvodina

9 of its autonomous status at the same time as it did

10 the same to the province of Kosovo;

11 (4) this population is subject to continuous har12 assment, intimidation, and threatening suggestions

13 that they leave the land of their ancestors; and

14 (5) during the past 10 years this form of ethnic

15 cleansing has already driven 50,000 ethnic Hungar16 ians and members of other minority communities out

17 of the province of Vojvodina.

18 (b) SENSE OF THE CONGRESS.—It is the sense of

19 the Congress that the President should—

20 (1) condemn harassment, threats, and intimida21 tion against any ethnic group in Yugoslavia as the

22 usual precursor of violent ethnic cleansing;

23 (2) express deep concern over the reports on re24 cent threats, intimidation, and even violent incidents
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1 against the ethnic Hungarian inhabitants of the

2 province of Vojvodina;

3 (3) call on the Secretary of State to regularly

4 monitor the situation of the Hungarian ethnic group

5 in Vojvodina; and

6 (4) call on the NATO allies of the United

7 States, during any negotiation on the future status

8 of Kosovo, also to pay substantial attention to estab9 lishing satisfactory guarantees for the rights of the

10 people of Vojvodina, and, in particular, of the ethnic

11 minorities in the province.

12 SEC. 503. OWNERSHIP AND USE OF DIPLOMATIC AND CON13 SULAR PROPERTIES.

14 (a) FINDINGS.—Congress finds the following:

15 (1) The international judicial system, as cur16 rently structured, lacks fully effective remedies for

17 the wrongful confiscation of property and for unjust

18 enrichment from the use of wrongfully confiscated

19 property by governments and private entities at the

20 expense of the rightful owners of the property.

21 (2) Since the dissolution of the Socialist Fed22 eral Republic of Yugoslavia until March and June

23 1999, when the United States Government took cus24 tody, the Government of Yugoslavia exclusively used,

25 and benefited from the use of, properties located in
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1 the United States that were owned by the Socialist

2 Federal Republic of Yugoslavia.

3 (3) Until the United States Government took

4 custody, the Governments of Bosnia and

5 Herzegovina, Croatia, the Former Yugoslav Republic

6 of Macedonia, and Slovenia were blocked by the Gov7 ernment of Yugoslavia from using, or benefiting

8 from the use of, any property located in the United

9 States that was previously owned by the Socialist

10 Federal Republic of Yugoslavia.

11 (4) The occupation and use by officials of

12 Yugoslavia of that property without prompt, ade13 quate, and effective compensation under the applica14 ble principles of international law to the Govern15 ments of Bosnia and Herzegovina, Croatia, the

16 Former Yugoslav Republic of Macedonia, and Slo17 venia is unjust and unreasonable.

18 (b) POLICY ON NEGOTIATIONS REGARDING PROP19 ERTIES.—It is the policy of the United States to insist

20 that the Government of Yugoslavia has a responsibility to,

21 and should, actively and cooperatively engage in good faith

22 negotiations with the Governments of Bosnia and

23 Herzegovina, Croatia, the Former Yugoslav Republic of

24 Macedonia, and Slovenia for resolution of the outstanding

25 property issues resulting from the dissolution of the So-
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1 cialist Federal Republic of Yugoslavia, including the dis2 position of the following properties located in the United

3 States:

4 (1) 2222 Decatur Street, NW, Washington,

5 DC.

6 (2) 2410 California Street, NW, Washington,

7 DC.

8 (3) 1907 Quincy Street, NW, Washington, DC.

9 (4) 3600 Edmonds Street, NW, Washington,

10 DC.

11 (5) 2221 R Street, NW, Washington, DC.

12 (6) 854 Fifth Avenue, New York, NY.

13 (7) 730 Park Avenue, New York, NY.

14 (c) SENSE OF THE CONGRESS ON RETURN OF PROP15 ERTIES.—It is the sense of the Congress that, if the Gov16 ernment of Yugoslavia refuses to engage in good faith ne17 gotiations on the status of the properties listed in sub18 section (b), the President should take steps to ensure that

19 the interests of the Governments of Bosnia and

20 Herzegovina, Croatia, the Former Yugoslav Republic of

21 Macedonia, and Slovenia are protected in accordance with

22 international law.

23 SEC. 504. TRANSITION ASSISTANCE.

24 (a) SENSE OF THE CONGRESS.—It is the sense of the

25 Congress that once the regime of President Slobodan
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1 Milosevic has been replaced by a government that is com2 mitted to democratic principles and the rule of law, and

3 that respects internationally recognized human rights, the

4 President of the United States should support the transi5 tion to democracy in Yugoslavia by providing immediate

6 and substantial assistance, including facilitating its inte7 gration into international organizations.

8 (b) AUTHORIZATION OF ASSISTANCE.—The Presi9 dent is authorized to furnish assistance to Yugoslavia if

10 he determines, and so certifies to the appropriate congres11 sional committees that the Government of Yugoslavia is

12 committed to democratic principles and the rule of law and

13 respects internationally recognized human rights.

14 (c) REPORT TO CONGRESS.—

15 (1) DEVELOPMENT OF PLAN.—The President

16 shall develop a plan for providing assistance to

17 Yugoslavia in accordance with this section. Such as18 sistance would be provided at such time as the

19 President determines that the Government of Yugo20 slavia is committed to democratic principles and the

21 rule of law and respects internationally recognized

22 human rights.

23 (2) STRATEGY.—The plan developed under

24 paragraph (1) shall include a strategy for distrib25 uting assistance to Yugoslavia under the plan.
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1 (3) DIPLOMATIC EFFORTS.—The President

2 shall take the necessary steps—

3 (A) to seek to obtain the agreement of

4 other countries and international financial insti5 tutions and other multilateral organizations to

6 provide assistance to Yugoslavia after the Presi7 dent determines that the Government of Yugo8 slavia is committed to democratic principles, the

9 rule of law, and that respects internationally

10 recognized human rights; and

11 (B) to work with such countries, institu12 tions, and organizations to coordinate all such

13 assistance programs.

14 (4) COMMUNICATION OF PLAN.—The President

15 shall take the necessary steps to communicate to the

16 people of Yugoslavia the plan for assistance devel17 oped under this section.

18 (5) REPORT.—Not later than 120 days after

19 the date of the enactment of this Act, the President

20 shall transmit to the appropriate congressional com-
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1 mittees a report describing in detail the plan re2 quired to be developed by paragraph (1).

Passed the House of Representatives September 25,

2000.

Attest:

Clerk.