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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3006 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3006

To provide for the imposition of sanctions against any foreign country 
         or any person that violates United Nations sanctions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1993

 Mr. Stark (for himself, Mr. Frank of Massachusetts, Mr. McNulty, Ms. 
   Kaptur, Mr. Faleomavaega, Mr. Jacobs, Mr. Hughes, Mr. Olver, Mr. 
   Sanders, and Mr. Engel) introduced the following bill; which was 
referred jointly to the Committees on Foreign Affairs, Ways and Means, 
                 and Banking, Finance and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
To provide for the imposition of sanctions against any foreign country 
         or any person that violates United Nations sanctions.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Security Council 
Sanctions Enforcement Act''.

SEC. 2. COUNTRIES VIOLATING UNITED NATIONS SANCTIONS.

    (a) Determination.--
            (1) Imposition of sanctions.--If the President determines 
        that the government of any foreign country is materially 
        violating United Nations sanctions, the President shall impose 
        the sanctions described in subsection (b) with respect to that 
        country so long as such violation continues, except as 
        otherwise provided in subsection (c)(2) and subsection (d).
            (2) Publication of determination.--Any determination under 
        this subsection shall be published in the Federal Register.
    (b) Sanctions.--The sanctions to be imposed with respect to a 
country pursuant to subsection (a) are as follows:
            (1) Foreign assistance.--The United States Government shall 
        terminate assistance to that country under the Foreign 
        Assistance Act of 1961, except for assistance involving the 
        provision of food and other humanitarian assistance.
            (2) Military assistance.--The United States Government 
        shall terminate all foreign military financing for that country 
        under the Arms Export Control Act.
            (3) Arms sales.--The United States Government shall 
        terminate--
                    (A) sales to that country under the Arms Export 
                Control Act of any defense article, defense service, or 
                design and construction service, and
                    (B) licenses for the export to that country of any 
                item on the United States Munitions List.
            (4) Multilateral assistance.--The United States Government 
        shall oppose the extension by any international financial 
        institution of any loan or other financial or technical 
        assistance to that country, except for assistance directed 
        specifically to programs which serve the basic human needs of 
        the people of that country.
            (5) Financial assistance.--The United States Government 
        shall deny to that country any credit, credit guarantee, or 
        other financial assistance by any department, agency, or 
        instrumentality of the Government, except that this paragraph 
        does not apply to--
                    (A) food or other humanitarian assistance, or
                    (B) any transaction subject to the reporting 
                requirements of title V of the National Security Act of 
                1947 (relating to congressional oversight of 
                intelligence activities).
            (6) Commercial credit.--The United States Government shall 
        prohibit any United States depository institution (as defined 
        in section 19(b) of the Federal Reserve Act) from making any 
        loan or providing any credit to the government of that country, 
        except for loans or credits for the purpose of purchasing food 
        or other humanitarian items.
            (7) Exports.--The United States Government shall prohibit 
        exports to that country of such goods and technology as the 
        President may specify, except that--
                    (A) section 6(g) of the Export Administration Act 
                of 1979 applies with respect to export controls 
                pursuant to this paragraph, and
                    (B) any prohibition under this paragraph shall not 
                apply with respect to any transaction subject to the 
                reporting requirements of title V of the National 
                Security Act of 1947 (relating to congressional 
                oversight of intelligence activities).
            (8) Imports.--The United States Government shall prohibit 
        the entry into the customs territory of the United States of 
        such articles as the President may specify that are growth, 
        product, or manufacture of that country.
    (c) Consultation With and Actions by Foreign Government.--
            (1) Consultations.--If the President makes a determination 
        described in subsection (a) with respect to the government of a 
        foreign country, the Congress urges the President to initiate 
        consultations immediately with that government to encourage it 
        to comply with the United Nations sanctions with respect to 
        which that determination was made.
            (2) Actions by a foreign government.--In order to pursue 
        such consultations, the President may delay imposition of 
        sanctions pursuant to this section for up to 30 days. Following 
        these consultations, the President shall impose sanctions 
        unless the President determines and certifies to the Congress 
        that that government has taken specific and effective actions 
        to comply with the United Nations sanctions with respect to 
        which the President made the determination under subsection 
        (a). If the President determines and certifies to the Congress 
        that that government is in the process of taking such actions, 
        the President may delay the imposition of sanctions for up to 
        an additional 30 days.
            (3) Report to congress.--Not later than 30 days after 
        making a determination with respect to the government of a 
        foreign country under subsection (a), the President shall 
        submit to the Congress a report on the status of consultations 
        pursuant to this subsection and on the basis for any 
        determination under paragraph (2) of this subsection that such 
        government has taken specific corrective actions.
    (d) Waiver.--A sanction which is required to be imposed against a 
country under subsection (b) shall not apply if the President 
determines and certifies to the Congress that the application of that 
sanction against such country would have a serious adverse effect on 
vital United States interests. The President shall transmit with such 
certification a statement setting forth the specific reasons for the 
President's determination.

SEC. 3. PERSONS VIOLATING UNITED NATIONS SANCTIONS.

    (a) Determination.--
            (1) Imposition of sanctions.--If the President determines 
        that a person is materially violating United Nations sanctions, 
        the President shall impose the sanctions described in 
        subsection (c) on each sanctioned person for a period of 2 
        years, except as otherwise provided in subsection (d)(2) and 
        subsection (e).
            (2) Publication of determination.--Any determination under 
        this subsection shall be published in the Federal Register.
    (b) Advisory Opinions.--Upon the request of any person, the 
President may issue a written advisory opinion to that person as to 
whether a proposed activity by that person would subject that person to 
sanctions under this section. Any person who relies in good faith on 
such an advisory opinion which states that the proposed activity would 
not subject a person to such sanctions, and any person who thereafter 
engages in such activity, shall not be made subject to such sanctions 
solely on account of such activity.
    (c) Sanctions.--
            (1) In general.--The sanctions to be imposed pursuant to 
        subsection (a) are as follows:
                    (A) The United States Government shall not procure, 
                or enter into any contract for the procurement of, any 
                goods or services from a sanctioned person.
                    (B) The United States Government shall not issue 
                any license for any export by or to a sanctioned 
                person.
                    (C) The United States Government shall prohibit the 
                entry into the customs territory of the United States 
                of all articles that are growth, product, or 
                manufacture of a sanctioned person.
            (2) Exceptions.--The President shall not be required to 
        apply or maintain sanctions under this section with respect to 
        the following:
                    (A) Procurement or importation of defense articles 
                or defense services--
                            (i) if the procurement or importation is 
                        under an existing contract or subcontract, 
                        including the exercise of options for 
                        production quantities to satisfy requirements 
                        essential to the national security of the 
                        United States;
                            (ii) if the President determines that the 
                        sanctioned person is a sole source supplier of 
                        such articles or services, that such articles 
                        or services are essential, and that alternative 
                        sources are not readily or reasonably 
                        available; or
                            (iii) if the President determines that such 
                        articles or services are essential to the 
                        national security under defense coproduction 
                        agreements.
                    (B) Procurement or importation of spare parts or 
                component parts (but not finished products) which are 
                essential to United States products or production.
                    (C) Procurement of routine servicing and 
                maintenance of products, to the extent that alternative 
                sources are not readily or reasonably available.
                    (D) Procurement of, or importation of articles 
                containing, information and technology essential to 
                United States products or production.
                    (E) Procurement, exports, or imports of products or 
                services provided under contracts entered into before 
                the date on which the President's determination is 
                published in the Federal Register pursuant to 
                subsection (a)(2).
                    (F) Procurement, exports, or imports of food or 
                other humanitarian items.
    (d) Consultation With and Actions by Foreign Government of 
Jurisdiction.--
            (1) Consultations.--If the President makes a determination 
        described in subsection (a) with respect to a foreign person, 
        the Congress urges the President to initiate consultations 
        immediately with the government with primary jurisdiction over 
        that foreign person with respect to the imposition of sanctions 
        pursuant to this section.
            (2) Actions by government of jurisdiction.--In order to 
        pursue such consultations with that government, the President 
        may delay imposition of sanctions pursuant to this section for 
        up to 90 days. Following these consultations, the President 
        shall impose sanctions unless the President determines and 
        certifies to the Congress that that government has taken 
        specific and effective actions, including appropriate 
        penalties, to terminate the involvement of the foreign person 
        in the violations described in subsection (a). If the President 
        determines and certifies to the Congress that that government 
        is in the process of taking such actions, the President may 
        delay the imposition of sanctions for up to an additional 90 
        days.
            (3) Report to congress.--Not later than 90 days after 
        making a determination under subsection (a), the President 
        shall submit to the Congress a report on the status of 
        consultations with the appropriate government under this 
        subsection and on the basis for any determination under 
        paragraph (2) of this subsection that such government has taken 
        specific corrective actions.
    (e) Waiver.--
            (1) Criterion for waiver.--After the end of the 12-month 
        period beginning on the date on which a sanction is imposed on 
        a sanctioned person under this section, the President may waive 
        the application of that sanction with respect to that person if 
        the President determines and certifies to the Congress that the 
        continued imposition of that sanction with respect to that 
        person would have a serious adverse effect on vital United 
        States interests.
            (2) Notification of and report to congress.--If the 
        President decides to exercise the waiver authority provided in 
        paragraph (1), the President shall so notify the Congress not 
        less than 30 days before the waiver takes effect. Such 
        notification shall include a report fully articulating the 
        rationale and circumstances which led the President to exercise 
        the waiver authority.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Sanctioned person.--The term ``sanctioned person'' 
        means--
                    (A) the person with respect to which the President 
                makes the determination described in section 3(a);
                    (B) any successor entity to that person;
                    (C) any person that is a parent or subsidiary of 
                that person if that parent or subsidiary materially and 
                with requisite knowledge assisted in the activities 
                which were the basis of that determination; and
                    (D) any person that is an affiliate of that person 
                if that affiliate materially and with requisite 
                knowledge assisted in the activities which were the 
                basis of that determination and if that affiliate is 
                controlled in fact by that person.
            (2) United nations sanctions.--The term ``United Nations 
        sanctions'' means measures that members of the United Nations 
        have been called upon to apply by the United Nations Security 
        Council, acting under article 41 of the Charter of the United 
        Nations, in order to enforce decisions of the Security Council.
            (3) Violating united nations sanctions.--The term 
        ``violating United Nations sanctions''--
                    (A) in the case of the government of a foreign 
                country, means failing to apply measures called for by 
                the United Nations Security Council; and
                    (B) in the case of person, means engaging in 
                activities that are prohibited under United Nations 
                sanctions, without regard to whether the foreign 
                government with primary jurisdiction over those 
                activities has applied the measures called for by the 
                United Nations Security Council.

SEC. 5. EFFECTIVE DATE.

    This Act applies with respect to violations of United Nations 
sanctions that occur on or after the date of enactment of this Act.

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