II

103D CONGRESS

1ST SESSION S. 1044

Terminating the United States arms embargo of the Government of Bosnia

and Herzegovina.

IN THE SENATE OF THE UNITED STATES

MAY 27 (legislative day, APRIL 19), 1993

Mr. DOLE (for himself, Mr. LUGAR, Mr. GORTON, Mr. D’AMATO, Mr. WALLOP, and Mr. THURMOND) introduced the following bill; which was read

twice and referred to the Committee on Foreign Relations

A BILL

Terminating the United States arms embargo of the

Government of Bosnia and Herzegovina.

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 ‘‘Bosnia and

5 Herzegovina Self-Defense Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) On July 10, 1991, the United States adopt9 ed a policy suspending all licenses and other approv-
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1 als to export or otherwise transfer defense articles

2 and defense services to Yugoslavia.

3 (2) On September 25, 1991, the United Na4 tions Security Council adopted Resolution 713,

5 which imposed a mandatory international embargo

6 on all deliveries of weapons and military equipment

7 to Yugoslavia.

8 (3) The United States considered the policy

9 adopted July 10, 1991, to comply fully with Resolu10 tion 713 and therefore took no additional action in

11 response to that resolution.

12 (4) On January 8, 1992, the United Nations

13 Security Council adopted Resolution 727, which de14 cided that the mandatory arms embargo imposed by

15 Resolution 713 should apply to any independent

16 states that might thereafter emerge on the territory

17 of Yugoslavia.

18 (5) On February 29 and March 1, 1992, the

19 people of Bosnia and Herzegovina voted in a ref20 erendum to declare independence from Yugoslavia.

21 (6) On April 7, 1992, the United States recog22 nized the Government of Bosnia and Herzegovina.

23 (7) On May 22, 1992, the Government of

24 Bosnia and Herzegovina was admitted to full mem25 bership in the United Nations.
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1 (8) Consistent with Resolution 727, the United

2 States has continued to apply the policy adopted

3 July 10, 1991, to independent states that have

4 emerged on the territory of the former Yugoslavia,

5 including Bosnia and Herzegovina.

6 (9) Subsequent to the adoption of Resolution

7 727 and Bosnia and Herzegovina’s independence

8 referendum, the seige of Sarajevo began and fighting

9 spread to other areas of Bosnia and Herzegovina.

10 (10) The Government of Serbia intervened di11 rectly in the fighting by providing significant mili12 tary, financial, and political support and direction to

13 Serbian-allied irregular forces in Bosnia and

14 Herzegovina.

15 (11) In statements dated May 1 and May 12,

16 1992, the Conference on Security and Cooperation

17 in Europe declared that the Government of Serbia

18 and the Serbian-controlled Yugoslav National Army

19 were committing aggression against the Government

20 of Bosnia and Herzegovina and assigned to them

21 prime responsibility for the escalation of bloodshed

22 and destruction.

23 (12) On May 30, 1992, the United Nations Se24 curity Council adopted Resolution 757, which con25 demned the Government of Serbia for its continued
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1 failure to respect the territorial integrity of Bosnia

2 and Herzegovina.

3 (13) Serbian-allied irregular forces have, over

4 the last year, occupied approximately 70 percent of

5 the territory of Bosnia and Herzegovina, committed

6 gross violations of human rights in the areas they

7 have occupied, and established a secessionist govern8 ment committed to eventual unification with Serbia.

9 (14) The military and other support and direc10 tion provided to Serbian-allied irregular forces in

11 Bosnia and Herzegovina constitutes an armed attack

12 on the Government of Bosnia and Herzegovina by

13 the Government of Serbia within the meaning of Ar14 ticle 51 of the United Nations Charter.

15 (15) Under Article 51, the Government of

16 Bosnia and Herzegovina, as a member of the United

17 Nations, has an inherent right of individual or col18 lective self-defense against the armed attack from

19 the Government of Serbia until the United Nations

20 Security Council has taken measures necessary to

21 maintain international peace and security.

22 (16) The measures taken by the United Nations

23 Security Council in response to the armed attack on

24 Bosnia and Herzegovina have not been adequate to

25 maintain international peace and security.
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1 (17) Bosnia and Herzegovina has been unable

2 successfully to resist the armed attack from Serbia

3 because it lacks the means to counter heavy weap4 onry that Serbia obtained from the Yugoslav Na5 tional Army upon the dissolution of Yugoslavia, and

6 because the mandatory international arms embargo

7 has prevented Bosnia and Herzegovina from obtain8 ing from other countries the means to counter such

9 heavy weaponry.

10 (18) On December 18, 1992, with the affirma11 tive vote of the United States, the United Nations

12 General Assembly adopted Resolution 47/121, which

13 urged the United Nations Security Council to ex14 empt Bosnia and Herzegovina from the mandatory

15 arms embargo imposed by Resolution 713.

16 (19) In the absence of adequate measures to

17 maintain international peace and security, continued

18 application to the Government of Bosnia and

19 Herzegovina of the mandatory international arms

20 embargo imposed by the United Nations Security

21 Council prior to the armed attack on Bosnia and

22 Herzegovina undermines that government’s right of

23 individual or collective self-defense and therefore

24 contravenes Article 51 of the United Nations

25 Charter.
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1 (20) Bosnia and Herzegovina’s right of self-de2 fense under Article 51 of the United Nations Char3 ter includes the right to ask for military assistance

4 from other countries and to receive such assistance

5 if offered.

6 SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERN7 MENT OF BOSNIA AND HERZEGOVINA.

8 (a) TERMINATION.—The President shall terminate

9 the United States arms embargo of the Government of

10 Bosnia and Herzegovina upon receipt from that govern11 ment of a request for assistance in exercising its right of

12 self-defense under Article 51 of the United Nations Char13 ter.

14 (b) DEFINITION.—As used in this section, the term

15 ‘‘United States arms embargo of the Government of

16 Bosnia and Herzegovina’’ means the application to the

17 Government of Bosnia and Herzegovina of—

18 (1) the policy adopted July 10, 1991, and pub19 lished in the Federal Register of July 19, 1991 (58

20 Fed. Reg. 33322) under the heading ‘‘Suspension of

21 Munitions Export Licenses to Yugoslavia’’; and

22 (2) any similar policy being applied by the

23 United States Government as of the date of receipt

24 of the request described in subsection (a) pursuant

25 to which approval is routinely denied for transfers of
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1 defense articles and defense services to the former

2 Yugoslavia.

3 SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR

4 BOSNIA AND HERZEGOVINA.

5 (a) POLICY.—The President should provide appro6 priate military assistance to the Government of Bosnia

7 and Herzegovina upon receipt from that government of

8 a request for assistance in exercising its right of self-de9 fense under Article 51 of the United Nations Charter.

10 (b) AUTHORIZATION OF MILITARY ASSISTANCE.—

11 (1) DRAWDOWN AUTHORITY.—If the Govern12 ment of Bosnia and Herzegovina requests United

13 States assistance in exercising its right of self-de14 fense under Article 51 of the United Nations Char15 ter, the President is authorized to direct the

16 drawdown of defense articles from the stocks of the

17 Department of Defense, defense services of the De18 partment of Defense, and military education and

19 training in order to provide assistance to the Gov20 ernment of Bosnia and Herzegovina. Such assistance

21 shall be provided on such terms and conditions as

22 the President may determine.

23 (2) LIMITATION ON VALUE OF TRANSFERS.—

24 The aggregate value (as defined in section 664(m)

25 of the Foreign Assistance Act of 1961) of defense
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1 articles, defense services, and military education and

2 training provided under this subsection may not ex3 ceed $200,000,000.

4 (3) EXPIRATION OF AUTHORIZATION.—The au5 thority provided to the President in paragraph (1)

6 expires at the end of fiscal year 1994.

7 (4) LIMITATION ON ACTIVITIES.—Members of

8 the United States Armed Forces who perform de9 fense services or provide military education and

10 training outside the United States under this sub11 section may not perform any duties of a combatant

12 nature, including any duties related to training and

13 advising that may engage them in combat activities.

14 (5) REPORTS TO CONGRESS.—Within 60 days

15 after any exercise of the authority of paragraph (1)

16 and every 60 days thereafter, the President shall re17 port in writing to the Speaker of the House of Rep18 resentatives and the President pro tempore of the

19 Senate concerning the defense articles, defense serv20 ices, and military education and training being pro21 vided and the use made of such articles, services,

22 and education and training.

23 (6) REIMBURSEMENT.—(A) Defense articles,

24 defense services, and military education and training

25 provided under this subsection shall be made avail-
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1 able without reimbursement to the Department of

2 Defense except to the extent that funds are appro3 priated pursuant to subparagraph (B).

4 (B) There are authorized to be appropriated to

5 the President such sums as may be necessary to re6 imburse the applicable appropriation, fund, or ac7 count for the value (as defined in section 664(m) of

8 the Foreign Assistance Act of 1961) of defense arti9 cles, defense services, or military education and

10 training provided under this subsection.

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