I

103D CONGRESS

2D SESSION H. R. 4114

To provide for sanctions against Haiti, to halt the interdiction and return

of Haitian refugees, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 23, 1994

Mr. DELLUMS (for himself, Mr. PAYNE of New Jersey, Mr. OWENS, Mr. RANGEL, Mr. MFUME, Mr. FRANKS of Connecticut, Ms. BROWN of Florida,

Mr. CONYERS, Ms. EDDIE BERNICE JOHNSON of Texas, Mrs. MEEK, Mr.

BISHOP, Mr. BLACKWELL, Mr. CLAY, Mrs. CLAYTON, Mr. CLYBURN,

Miss COLLINS of Michigan, Mrs. COLLINS of Illinois, Mr. DIXON, Mr.

FIELDS of Louisiana, Mr. FLAKE, Mr. FORD of Tennessee, Mr.

HILLIARD, Mr. HASTINGS, Mr. JEFFERSON, Mr. LEWIS of Georgia, Ms.

MCKINNEY, Ms. NORTON, Mr. REYNOLDS, Mr. RUSH, Mr. SCOTT, Mr.

STOKES, Mr. THOMPSON of Mississippi, Mr. TOWNS, Mr. TUCKER, Mr.

WASHINGTON, Ms. WATERS, Mr. WATT, Mr. WHEAT, and Mr. WYNN) introduced the following bill; which was referred jointly to the Committees

on Ways and Means, Foreign Affairs, Public Works and Transportation,

the Judiciary, and Banking, Finance and Urban Affairs

A BILL

To provide for sanctions against Haiti, to halt the interdiction and return of Haitian refugees, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Governors Island Rein3 forcement Act of 1994’’.

4 SEC. 2. SANCTIONS AGAINST HAITI.

5 (a) PROHIBITING TRADE AND CERTAIN TRANS6 ACTIONS INVOLVING HAITI.—The following are prohib7 ited:

8 (1) The import into the United States of any

9 goods or services of Haitian origin, other than publi10 cations and material imported for news publications

11 or news broadcast dissemination.

12 (2) The export to Haiti of any goods, tech13 nology (including technical data or other informa14 tion) or services from the United States, except pub15 lications, food, medicine, and medical supplies and

16 donations of articles intended to relieve human suf17 fering, such as clothing and temporary housing.

18 (3) The purchase by any United States person

19 of any goods for export from Haiti to any country.

20 (4) The performance by any United States per21 son of any contract in support of an industrial or

22 other commercial or governmental project in Haiti.

23 (5) The grant or extension of credits or loans

24 by any United States person to the unelected mili25 tary rulers of Haiti, its instrumentalities and con26 trolled entities.
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1 (b) PROHIBITION OF CERTAIN AIR TRANSPORT IN2 VOLVING HAITI.—The following is prohibited:

3 (1) Any transaction by a United States person

4 relating to air transportation to or from Haiti.

5 (2) The provision of transportation to or from

6 the United States by aircraft of Haitian registration.

7 (3) The sale in the United States by any person

8 holding authority under the Federal Aviation Act of

9 any transportation by air which includes any stop in

10 Haiti.

11 (c) SANCTIONS AGAINST OTHER NATIONS.—

12 (1) If the President determines that a foreign

13 country is not cooperating with United States sanc14 tions against Haiti under this Act or with applicable

15 sanctions against Haiti imposed by the United Na16 tions and the Organization of American States, ef17 fective 60 days after such determination no United

18 States assistance may be provided to such foreign

19 country.

20 (2) If the President makes a determination

21 under paragraph (1)—

22 (A) the President shall impose at least one

23 other penalty or sanction which the President

24 considers to be appropriate under the Inter25 national Emergency Economic Powers Act; and
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1 (B) the President may impose such other

2 sanctions and penalties under the International

3 Emergency Economic Powers Act as the Presi4 dent considers appropriate.

5 (3) For the purpose of this subsection, the term

6 ‘‘United States assistance’’ means assistance of any

7 kind which is provided by grant, sale, loan, lease,

8 credit, guaranty, or insurance, or by any other

9 means, by any agency or instrumentality of the

10 United States Government, including—

11 (A) assistance under the Foreign Assist12 ance Act of 1961; and

13 (B) sales, credits, and guaranties under

14 the Arms Export Control Act.

15 (d) SANCTIONS BY OTHER COUNTRIES.—The Presi16 dent shall direct the United States Ambassador to the

17 United Nations to assume a leadership role within the

18 United Nations Security Council to ensure that sanctions

19 against Haiti unilaterally imposed by the United States

20 under this Act are adopted by the international commu21 nity.

22 (e) TERMINATION OF SANCTIONS.—The provisions of

23 this section shall cease to have effect on the date the Presi24 dent certifies to the Congress that the democratically25 elected President of Haiti has been reinstated and Haiti’s
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1 military high command has met its obligations under the

2 Governors Island Agreement.

3 SEC. 3. CONGRESSIONAL STATEMENT.

4 (a) HUMAN RIGHTS OBSERVERS.—The Congress

5 strongly urges the President to take such steps as are nec6 essary to facilitate the return to Haiti of a full contingent

7 of human rights observers under the auspices of the

8 United Nations and/or the Organization of American

9 States.

10 (b) MULTINATIONAL BORDER PATROL.—Subject to

11 the request of the democratically-elected President of

12 Haiti Jean-Bertrand Aristide, the Congress strongly urges

13 President Clinton to take all available measures to effect

14 the deployment of a multinational border patrol between

15 the Dominican Republic and Haiti which will be fully

16 equipped in terms of personnel and equipment to halt

17 cross-border violations of sanctions against Haiti imposed

18 by the United States and other countries.

19 (c) MULTILATERAL SOCIOECONOMIC AND PEACE20 KEEPING ASSISTANCE.—The Congress reaffirms the un21 wavering committment of the United States to support

22 multilateral socioeconomic and peacekeeping assistance to

23 Haiti upon the return to power of the democratically-elect24 ed President of Haiti and the removal of Haiti’s military

25 high command.
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1 SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.

2 (a) IN GENERAL.—Subject to subsection (b) and not3 withstanding any other provision of law, no officer or em4 ployee of the United States shall attempt, directly or indi5 rectly, to amend, reinterpret, or nullify the Governors Is6 land Agreement.

7 (b) EXCEPTION.—Subsection (a) shall not apply to

8 the October 30, 1993, deadline for the return to power

9 of the democratically-elected President of Haiti, Jean10 Bertrand Aristide.

11 SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDIC12 TION AGREEMENT.

13 The President shall notify the Government of Haiti

14 immediately of the intention of the United States Govern15 ment to terminate the agreement between the United

16 States and Haiti relating to migrant interdiction (effected

17 by the exchange of notes signed at Port-au-Prince on Sep18 tember 23, 1981; 33 UST 3559, TIAS 6577).

19 SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIRE20 MENT OF NONREFOULEMENT WITH RESPECT

21 TO HAITI.

22 (a) OBLIGATIONS OUTSIDE THE UNITED STATES.—

23 The United States Government shall not return, cause to

24 be returned, or affect the movement in any manner which

25 results in returning, to Haiti a national or habitual resi26 dent of Haiti, who is outside the territorial boundaries of
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1 Haiti, and no funds may be expended with respect to any

2 such return, unless the United States Government first

3 determines in a manner that incorporates procedural safe4 guards consistent with internationally endorsed standards

5 and guidelines that such individual is not a refugee of

6 Haiti under Article 1 of the Convention Relating to the

7 Status of Refugees (done at Geneva July 28, 1951) as

8 applied under Article I of the United Nations Protocol Re9 lating to the Status of Refugees (done at New York, Janu10 ary 31, 1967) or a person designated under Article 33

11 of the Convention Relating to the Status of Refugees.

12 (b) OBLIGATIONS WITHIN THE TERRITORIAL WA13 TERS OF HAITI.—The United States Government shall

14 not return, cause to be returned, or affect the movement

15 in any manner which results in returning, to Haiti a na16 tional or habitual resident of Haiti, who is within the terri17 torial waters of Haiti, and no funds may be expended with

18 respect to any such return, unless the United States Gov19 ernment first determines in a manner that incorporates

20 procedural safeguards consistent with internationally en21 dorsed standards and guidelines that if that individual

22 were outside the territorial boundaries of Haiti such indi23 vidual would not be a refugee of Haiti under Article I of

24 the Convention Relating to the Status of Refugees (done

25 at Geneva, July 28, 1951) as applied under Article I of
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1 the United National Protocol Relating to the Status of

2 Refugees (done at New York, January 31, 1967) or a per3 son designated under Article 33 of the Convention Relat4 ing to the Status of Refugees. This subsection shall not

5 constitute authority for conducting operations by the

6 United States Government within the territorial waters of

7 Haiti or any other country.

8 (c) LIMITATIONS.—The provisions of this section do

9 not apply to an individual if—

10 (1) such individual ordered, incited, assisted, or

11 otherwise participated in the persecution of any per12 son on account of race, religion, nationality, mem13 bership in a particular social group or political opin14 ion; or

15 (2) such individual, having been convicted by a

16 final judgment of an aggravated felony (as defined

17 in section 101(a)(43) of the Immigration and Na18 tionality Act), constitutes a danger to the commu19 nity of the United States.

20 (d) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to impose new obligations on the

22 Government of the United States in its treatment of na23 tionals and habitual residents of a country at United

24 States diplomatic and consular missions in that country.
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1 SEC. 7. TEMPORARY PROTECTED STATUS FOR HAITIANS.

2 (a) DESIGNATION.—During the period specified in

3 subsection (c) of this section, Haiti is hereby designated

4 under section 244A(b)(1) of the Immigration and Nation5 ality Act (relating to temporary protected status).

6 (b) ELIGIBLE HAITIANS.—Any alien—

7 (1) who is a national of Haiti and is present in

8 the United States or in the custody or control of the

9 United States (including Guantanamo Bay, Cuba,

10 and any other vessel or facility of the United States

11 Government) at any time during the period de12 scribed in subsection (c) of this section,

13 (2) who is not an alien designated under section

14 8(b) or 9(b) of this Act,

15 (3) who meets the requirements of section

16 244A(c)(1)(A)(iii) of the Immigration and National17 ity Act, and

18 (4) who, during the period described in sub19 section (c) of this section, registers for temporary

20 protected status to the extent and in a manner

21 which the Attorney General establishes,

22 shall be granted temporary protected status for the dura23 tion of that period and section 244A(a)(1) of the Immigra24 tion and Nationality Act shall apply with respect to such

25 alien.
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1 (c) PERIOD OF DESIGNATION.—The designation pur2 suant to subsection (a) shall be in effect during the period

3 beginning on the date of enactment of this Act and ending

4 on the date on which the President certifies to the Con5 gress that the democratically-elected President of Haiti

6 has been reinstated and Haiti’s military high command

7 has met its obligations under the Governors Island Agree8 ment. Subsections (b)(2) and (b)(3) of section 244A of

9 the Immigration and Nationality Act do not apply with

10 respect to the designation pursuant to subsection (a) of

11 this section.

12 SEC. 8. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS

13 AND EXCLUDED FROM ADMISSION.

14 (a) EXCLUSION.—During the period specified in sub15 section (c), an alien designated under subsection (b) shall

16 be ineligible to receive any visa and shall be excluded from

17 admission into the United States.

18 (b) DESIGNATED ALIEN.—An alien designated under

19 this subsection is any alien who—

20 (1) is a national of Haiti; and

21 (2)(A) is a member of the Haitian military;

22 (B) provided financial or other material support

23 for, or directly assisted, the military coup of Sep24 tember 30, 1991, which overthrew the democrat-
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1 ically-elected Haitian Government of President Jean2 Bertrand Aristide;

3 (C) provided financial or other material support

4 for, or directly participated in, terrorist acts against

5 the Haitian people during any period after such

6 coup; or

7 (D) contributed to the obstruction of United

8 Nations resolutions 841 and 843, the Governors Is9 land Agreement, or the activities of the United Na10 tions Mission in Haiti.

11 (c) PERIOD OF EXCLUSION.—The period of exclusion

12 specified in this subsection begins on the date of the enact13 ment of this Act and ends on the date on which the Presi14 dent certifies to the Congress that the democratically15 elected President of Haiti has been reinstated and Haiti’s

16 military high command has met its obligations under the

17 Governors Island Agreement.

18 SEC. 9. BLOCKING OF ASSETS OF CERTAIN HAITIANS.

19 (a) BLOCKING OF ASSETS.—During the period speci20 fied in subsection (c), all property and interests in prop21 erty of aliens designated under subsection (b) that are in

22 the United States, that hereafter come within the United

23 States, or that are or hereafter come within the possession

24 or control of United States persons (including overseas

25 branches of United States persons), are blocked.
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1 (b) DESIGNATED ALIEN.—An alien designated under

2 this subsection is any alien who—

3 (1) is a national of Haiti; and

4 (2)(A) is a member of the Haitian military;

5 (B) provided financial or other material support

6 for, or directly assisted, the military coup of Septem7 ber 30, 1991, which overthrew the democratically8 elected Haitian Government of President Jean9 Bertrand Aristide;

10 (C) provided financial or other material support

11 for, or directly participated in, terrorist acts against

12 the Haitian people during any period after such

13 coup; or

14 (D) contributed to the obstruction of United

15 Nations resolutions 841 and 843, the Governors Is16 land Agreement, or the activities of the United Na17 tions Mission in Haiti.

18 (c) PERIOD OF EXCLUSION.—The period of exclusion

19 specified in subsection (a) begins on the date of the enact20 ment of this Act and ends on the date on which the Presi21 dent certifies to the Congress that the democratically22 elected President of Haiti has been reinstated and Haiti’s

23 military high command has met its obligations under the

24 Governors Island Agreement.

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