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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 21 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                 S. 21

_______________________________________________________________________

                                 AN ACT

 
     To terminate the United States arms embargo applicable to the 
                 Government of Bosnia and Herzegovina.
    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 ``Bosnia and Herzegovina Self-Defense 
Act of 1995''.
SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) For the reasons stated in section 520 of the Foreign 
        Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
        Law 103-236), the Congress has found that continued application 
        of an international arms embargo to the Government of Bosnia 
        and Herzegovina contravenes that Government's inherent right of 
        individual or collective self-defense under Article 51 of the 
        United National Charter and therefore is inconsistent with 
        international law.
            (2) The United States has not formally sought multilateral 
        support for terminating the arms embargo against Bosnia and 
        Herzegovina through a vote on a United Nations Security Council 
        resolution since the enactment of section 1404 of the National 
        Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
        337).
            (3) The United Nations Security Council has not taken 
        measures necessary to maintain international peace and security 
        in Bosnia and Herzegovina since the aggression against that 
        country began in April 1992.
            (4) The Contact Group, composed of representatives of the 
        United States, Russia, France, Great Britain, and Germany, has 
        since July 1994 maintained that in the event of continuing 
        rejection by the Bosnian Serbs of the Contact Group's proposal 
        for Bosnia and Herzegovina, a decision in the United Nations 
        Security Council to lift the Bosnian arms embargo as a last 
        resort would be unavoidable.

SEC. 3. STATEMENT OF SUPPORT.

    The Congress supports the efforts of the Government of the Republic 
of Bosnia and Herzegovina--
            (1) to defend its people and the territory of the Republic;
            (2) to preserve the sovereignty, independence, and 
        territorial integrity of the Republic; and
            (3) to bring about a peaceful, just, fair, viable, and 
        sustainable settlement of the conflict in Bosnia and 
        Herzegovina.

SEC. 4. TERMINATION OF ARMS EMBARGO.

    (a) Termination.--The President shall terminate the United States 
arms embargo of the Government of Bosnia and Herzegovina, as provided 
in subsection (b), following--
            (1) receipt by the United States Government of a request 
        from the Government of Bosnia and Herzegovina for termination 
        of the United States arms embargo and submission by the 
        Government of Bosnia and Herzegovina, in exercise of its 
        sovereign rights as a nation, of a request to the United 
        Nations Security Council for the departure of UNPROFOR from 
        Bosnia and Herzegovina; or
            (2) a decision by the United Nations Security Council, or 
        decisions by countries contributing forces to UNPROFOR, to 
        withdraw UNPROFOR from Bosnia and Herzegovina.
    (b) Implementation of Termination.--The President may implement 
termination of the United States arms embargo of the Government of 
Bosnia and Herzegovina pursuant to subsection (a) prior to the date of 
completion of the withdrawal of UNPROFOR personnel from Bosnia and 
Herzegovina, but shall, subject to subsection (c), implement 
termination of the embargo pursuant to that subsection no later than 
the earlier of--
            (1) the date of completion of the withdrawal of UNPROFOR 
        personnel from Bosnia and Herzegovina; or
            (2) the date which is 12 weeks after the date of submission 
        by the Government of Bosnia and Herzegovina of a request to the 
        United Nations Security Council for the departure of UNPROFOR 
        from Bosnia and Herzegovina.
    (c) Presidential Waiver Authority.--If the President determines and 
reports in advance to Congress that the safety, security, and 
successful completion of the withdrawal of UNPROFOR personnel from 
Bosnia and Herzegovina in accordance with subsection (b)(2) requires 
more time than the period provided for in that subsection, the 
President may extend the time period available under subsection (b)(2) 
for implementing termination of the United States arms embargo of the 
Government of Bosnia and Herzegovina for a period of up to 30 days. The 
authority in this subsection may be exercised to extend the time period 
available under subsection (b)(2) for more than one 30-day period.
    (d) Presidential Reports.--Within 7 days of the commencement of the 
withdrawal of UNPROFOR from Bosnia and Herzegovina, and every 14 days 
thereafter, the President shall report in writing to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
on the status and estimated date of completion of the withdrawal 
operation. If any such report includes an estimated date of completion 
of the withdrawal which is later than 12 weeks after commencement of 
the withdrawal operation, the report shall include the operational 
reasons which prevent the completion of the withdrawal within 12 weeks 
of commencement.
    (e) International Policy.--If the Government of Bosnia and 
Herzegovina submits a request to the United Nations Security Council 
for the departure of UNPROFOR from Bosnia and Herzegovina or if the 
United Nations Security Council or the countries contributing forces to 
UNPROFOR decide to withdraw from Bosnia and Herzegovina, as provided in 
subsection (a), the President (or his representative) shall immediately 
introduce and support in the United Nations Security Council a 
resolution to terminate the application of United Nations Security 
Council resolution 713 to the Government of Bosnia and Herzegovina. The 
United States shall insist on a vote on the resolution by the Security 
Council. The resolution shall, at a minimum, provide for the 
termination of the applicability of United Nations Security Council 
resolution 713 to the government of Bosnia and Herzegovina no later 
than the completion of the withdrawal of UNPROFOR personnel from Bosnia 
and Herzegovina. In the event the United Nations Security Council fails 
to adopt the resolution to terminate the application of United Nations 
Security Council resolution 713 to the Government of Bosnia and 
Herzegovina because of a lack of unanimity of the permanent members, 
thereby failing to exercise its primary responsibility for the 
maintenance of international peace and security, the United States 
shall promptly endeavor to bring the issue before the General Assembly 
for decision as provided for in the Assembly's Uniting for Peace 
Resolution of 1950.
    (f) Rule of Construction.--Nothing in this section shall be 
interpreted as authorization for deployment of United States forces in 
the territory of Bosnia and Herzegovina for any purpose, including 
training, support, or delivery of military equipment.
    (g) Definitions.--As used in this section--
            (1) the term ``United States arms embargo of the Government 
        of Bosnia and Herzegovina'' means the application to the 
        Government of Bosnia and Herzegovina of--
                    (A) the policy adopted July 10, 1991, and published 
                in the Federal Register of July 19, 1991 (58 FR 33322) 
                under the heading ``Suspension of Munitions Export 
                Licenses to Yugoslavia''; and
                    (B) any similar policy being applied by the United 
                States Government as of the date of completion of 
                withdrawal of UNPROFOR personnel from Bosnia and 
                Herzegovina, pursuant to which approval is denied for 
                transfers of defense articles and defense services to 
                the former Yugoslavia; and
            (2) the term ``completion of the withdrawal of UNPROFOR 
        personnel from Bosnia and Herzegovina'' means the departure 
        from the territory of Bosnia and Herzegovina of substantially 
        all personnel participating in UNPROFOR and substantially all 
        other personnel assisting in their withdrawal, within a 
        reasonable period of time, without regard to whether the 
        withdrawal was initiated pursuant to a request by the 
        Government of Bosnia and Herzegovina, a decision by the United 
        Nations Security Council, or decisions by countries 
        contributing forces to UNPROFOR, but the term does not include 
        such personnel as may remain in Bosnia and Herzegovina pursuant 
        to an agreement between the Government of Bosnia and 
        Herzegovina and the government of any country providing such 
        personnel.
            Passed the Senate July 26 (legislative day, July 10), 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                 S. 21

_______________________________________________________________________

                                 AN ACT

     To terminate the United States arms embargo applicable to the 
                 Government of Bosnia and Herzegovina.
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