II

103D CONGRESS

1ST SESSION S. 1001

To strengthen United States laws to enforce economic embargoes against

foreign countries pursuant to a declaration of national emergency or

United Nations Security Council measures, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 20 (legislative day, APRIL 19), 1993

Mr. LIEBERMAN introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations

A BILL

To strengthen United States laws to enforce economic embargoes against foreign countries pursuant to a declaration

of national emergency or United Nations Security Council measures, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘International Sanc5 tions Enforcement Act of 1993’’.

6 SEC. 2. IMPOSITION OF SANCTIONS.

7 (a) DETERMINATION BY THE PRESIDENT.—
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1 (1) IN GENERAL.—If the President determines

2 that a foreign person, on or after the date of the en3 actment of this section, has knowingly violated Unit4 ed Nations Security Council Resolution 748 impos5 ing sanctions against Libya, he is authorized to im6 pose the sanctions described in subsection (c).

7 (2) PERSONS AGAINST WHICH SANCTIONS ARE

8 TO BE IMPOSED.—Sanctions may be imposed pursu9 ant to paragraph (1) on—

10 (A) the foreign person with respect to

11 which the President makes the determination

12 described in that paragraph;

13 (B) any successor entity to that foreign

14 person;

15 (C) any foreign person that is a parent,

16 subsidiary, or co-venture of that person if that

17 parent, subsidiary, or co-venture knowingly and

18 materially assisted in the activities which were

19 the basis of that determination; and

20 (D) any foreign person that is an affiliate

21 of that person if that affiliate knowingly and

22 materially assisted in the activities which were

23 the basis of that determination and if that affil24 iate is controlled in fact by that foreign person.
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1 (3) OTHER SANCTIONS AVAILABLE.—The sanc2 tions which may be imposed for activities described

3 in this subsection are in addition to any other sanc4 tion which may be imposed for the same activities

5 under any other provision of law.

6 (b) CONSULTATION WITH AND ACTIONS BY FOREIGN

7 GOVERNMENT OF JURISDICTION.—

8 (1) CONSULTATIONS.—If the President makes a

9 determination described in subsection (a)(1) with re10 spect to a foreign person, the Congress urges the

11 President to initiate consultations immediately with

12 the government with primary jurisdiction over that

13 foreign person with respect to the imposition of

14 sanctions pursuant to this section.

15 (2) ACTIONS BY GOVERNMENT OF JURISDIC16 TION.—In order to pursue such consultations with

17 that government, the President may delay imposition

18 of a sanction pursuant to this section for up to 90

19 days. Following these consultations, the President

20 shall impose a sanction unless the President deter21 mines and certifies to the Congress that that govern22 ment has taken specific and effective actions, includ23 ing appropriate penalties, to terminate the involve24 ment of the foreign person in the activities described

25 in subsection (a)(1). The President may delay the
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1 imposition of a sanction for up to an additional 90

2 days if the President determines and certifies to the

3 Congress that that government is in the process of

4 taking the actions described in the previous sen5 tence.

6 (3) REPORT TO CONGRESS.—Not later than 90

7 days after making a determination under subsection

8 (a)(1), the President shall submit to the Committee

9 on Foreign Relations of the Senate and the Commit10 tee on Foreign Affairs of the House of Representa11 tives a report on the status of consultations with the

12 appropriate government under this subsection, and

13 the basis for any determination under paragraph (2)

14 of this subsection that such government has taken

15 specific corrective actions.

16 (c) SANCTIONS.—The sanctions to be imposed pursu17 ant to subsection (a)(1) are, except as provided in sub18 section (d), that no United States person shall, either di19 rectly or indirectly, procure, import, sell, export, or other20 wise provide or enter into any contract to procure, import,

21 sell, export, or otherwise provide any goods, technology,

22 or services to or from any person described in subsection

23 (a)(2).

24 (d) EXCEPTIONS.—(1) The sanctions of subsection

25 (c) shall not apply—
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1 (A) in the case of procurement by the United

2 States Government of vital defense articles or de3 fense services which cannot readily and reasonably

4 be acquired in sufficient quantities from other

5 nonsanctioned foreign persons and which are essen6 tial to satisfy current United States operational mili7 tary needs; or

8 (B) with respect to medical or other humani9 tarian items.

10 (2) Whenever the President makes a determination

11 under this subsection to exempt certain goods, technology,

12 or services from the sanctions of subsection (c), the Presi13 dent shall submit a report to the Speaker of the House

14 of Representatives and the Committee on Foreign Rela15 tions of the Senate stating the reasons for such exemption.

16 (e) TERMINATION OF SANCTIONS.—Sanctions im17 posed pursuant to this section shall apply for a period of

18 at least 12 months following the imposition of the sanc19 tions and shall cease to apply thereafter only if the Presi20 dent determines and certifies to the Congress that—

21 (1) reliable information indicates that the for22 eign person with respect to which the determination

23 was made under subsection (a)(1) has ceased to vio24 late United Nations Security Council Resolution 748

25 with respect to Libya; and
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1 (2) the President has received reliable assur2 ances from the foreign person that such person will

3 not, in the future, violate United Nations Security

4 Council Resolution 748 with respect to Libya.

5 (f) WAIVER.—

6 (1) CRITERION FOR WAIVER.—The President

7 may waive the application of any sanction imposed

8 on any person pursuant to this section, after the end

9 of the 12-month period beginning on the date on

10 which that sanction was imposed on that person, if

11 the President determines and certifies to the Con12 gress that the continued imposition of the sanction

13 would have a serious adverse effect on vital United

14 States interests.

15 (2) NOTIFICATION OF AND REPORT TO CON16 GRESS.—If the President decides to exercise the

17 waiver authority provided in paragraph (1), the

18 President shall so notify the Congress not less than

19 20 days before the waiver takes effect. Such notifica20 tion shall include a report fully articulating the ra21 tionale and circumstances which led the President to

22 exercise the waiver authority.

23 (g) ADMINISTRATION AND ENFORCEMENT.—(1) The

24 President may delegate his authority under this section

25 to the Secretary of the Treasury.
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1 (2) Consistent with the provisions of this section, the

2 authorities of the International Emergency Economic

3 Powers Act which relate to the administration and en4 forcement of that Act shall apply to the administration

5 and enforcement of sanctions imposed under this section.

6 (3) Section 206 of the International Emergency Eco7 nomic Powers Act (50 U.S.C. 1705), relating to civil and

8 criminal penalties, shall apply to violations of sanctions

9 imposed under this section to the same extent and in the

10 same manner as such penalties apply to violations of li11 censes, orders, or regulations under that Act.

12 (h) DEFINITIONS.—For the purposes of this sec13 tion—

14 (1) the term ‘‘foreign person’’ includes—

15 (A) any individual who is neither a citizen

16 of the United States nor an alien lawfully ad17 mitted for permanent residence to the United

18 States;

19 (B) any corporation, partnership, associa20 tion, organization or other entity which is cre21 ated or organized under the laws of a foreign

22 country or which has its principal place of busi23 ness outside the United States; or

24 (C) any agency or instrumentality of a for25 eign government; and
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1 (2) the term ‘‘United States person’’ means—

2 (A) any United States citizen or perma3 nent resident alien;

4 (B) juridical person organized under the

5 laws of the United States or any jurisdiction

6 within the United States, including any foreign

7 branch;

8 (C) any person in the United States; or

9 (D) the United States Government or any

10 agency or instrumentality thereof.

11 SEC. 3. PROTECTION OF PARTICIPANTS IN THE REWARDS

12 PROGRAM.

13 Subsection 36(e) of the State Department Basic Au14 thorities Act (22 U.S.C. 2708) is amended by inserting

15 ‘‘(1)’’ immediately following ‘‘(e)’’ and adding the follow16 ing new paragraph:

17 ‘‘(2)(A) Whenever the information which would jus18 tify a reward under subsection (a) is furnished by an alien

19 and the Secretary of State and the Attorney General joint20 ly determine that the protection of such alien or the alien’s

21 immediate family requires the admission of such alien or

22 aliens to the United States, then such alien, and the

23 alien’s immediate relatives, if necessary, may be issued

24 visas and admitted to the United States for permanent
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1 residence, without regard to the requirements of the Immi2 gration and Nationality Act (8 U.S.C. 1101 et seq.).

3 ‘‘(B) The total number of aliens admitted to the

4 United States under subparagraph (A) shall not exceed

5 25 in any one fiscal year.

6 ‘‘(C) For purposes of this paragraph, the term ‘imme7 diate relative’ has the same meaning given to such term

8 in section 201(b)(2) of the Immigration and Nationality

9 Act (8 U.S.C. 1151(b)(2)).’’.

10 SEC. 4. INCREASE IN CRIMINAL PENALTIES FOR THE MIS11 USE OF PASSPORTS.

12 Section 1544 of title 18, United States Code, is

13 amended—

14 (1) by striking ‘‘$2,000’’ and inserting in lieu

15 thereof ‘‘$50,000’’; and

16 (2) by striking ‘‘five years’’ and inserting in lieu

17 thereof ‘‘ten years’’.

18 SEC. 5. SANCTION ON FOREIGN AIR TRANSPORTATION.

19 (a) DETERMINATION.—Whenever the President de20 termines that a country is not complying with United Na21 tions Security Council Resolution 748 with respect to

22 Libya, he shall so certify to the Congress.

23 (b) NOTIFICATION OF FOREIGN GOVERNMENT.—(1)

24 The President is authorized to notify the government of

25 a country with respect to which the President has made
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1 a determination pursuant to subsection (a) of his intention

2 to suspend the authority of foreign air carriers owned or

3 controlled by the government of that country to engage

4 in foreign air transportation to or from the United States.

5 (2) Within 10 days after the date of notification of

6 a government under paragraph (1), the Secretary of

7 Transportation shall take all steps necessary to suspend

8 at the earliest possible date the authority of any foreign

9 air carrier owned or controlled, directly or indirectly, by

10 that government to engage in foreign air transportation

11 to or from the United States, notwithstanding any agree12 ment relating to air services.

13 (c) TERMINATION OF AIR SERVICE AGREEMENTS.—

14 (1) The President may direct the Secretary of State to

15 terminate any air service agreement between the United

16 States and a country with respect to which the President

17 has made a determination pursuant to subsection (a), in

18 accordance with the provisions of that agreement.

19 (2) Upon termination of an agreement under this

20 subsection, the Secretary of Transportation shall take

21 such steps as may be necessary to revoke at the earliest

22 possible date the right of any foreign air carrier owned,

23 or controlled, directly or indirectly, by the government of

24 that country to engage in foreign air transportation to or

25 from the United States.
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1 (d) EXCEPTIONS.—The Secretary of Transportation

2 may provide for such exceptions from subsections (b) and

3 (c) as the Secretary considers necessary to provide for

4 emergencies in which the safety of an aircraft or its crew

5 or passengers is threatened.

6 (e) DEFINITIONS.—For purposes of this section, the

7 terms ‘‘air transportation’’, ‘‘air carrier’’, ‘‘foreign air car8 rier’’, and ‘‘foreign air transportation’’ have the meanings

9 such terms have under section 101 of the Federal Aviation

10 Act of 1958 (49 U.S.C. App. 1301).

11 SEC. 6. LIMITATION ON TRANSFERS OF INFORMATIONAL

12 MATERIALS.

13 (a) AMENDMENT TO THE INTERNATIONAL EMER14 GENCY ECONOMIC POWERS ACT.—Section 203(b)(3) of

15 the International Emergency Economic Powers Act (50

16 U.S.C. 1702(b)(3)) is amended by inserting before the pe17 riod at the end thereof the following: ‘‘, except that infor18 mational materials do not include materials containing

19 technical or commercial data of value to the economy of

20 a foreign country whose transactions are otherwise regu21 lated or prohibited under this section’’.

22 (b) AMENDMENT TO THE TRADING WITH THE

23 ENEMY ACT.—Section 5(b)(4) of the Trading With the

24 Enemy Act (50 U.S.C. App. 5(b)(4)) is amended by in25 serting before the period at the end thereof the following:
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1 ‘‘, except that informational materials do not include ma2 terials containing technical or commercial data of value

3 to the economy of a foreign country whose transactions

4 are otherwise regulated or prohibited under this section’’.

5 SEC. 7. INCREASE IN CIVIL PENALTIES.

6 Section 206(a) of the International Emergency Eco7 nomic Powers Act (50 U.S.C. 1705(a)) is amended by

8 striking out ‘‘$10,000’’ and inserting in lieu thereof

9 ‘‘$100,000’’.

10 SEC. 8. STATEMENT OF CONSTRUCTION.

11 Nothing in this Act restricts or limits any authority

12 contained in or actions taken pursuant to the Inter13 national Emergency Economic Powers Act (50 U.S.C.

14 1701–1706), the Trading With the Enemy Act (50 U.S.C.

15 App. 5(b)), or any other authority under which economic

16 sanctions have been or may be imposed and enforced.

Æ