II

104TH CONGRESS

1ST SESSION S. 21

To terminate the United States arms embargo applicable to the Government

of Bosnia and Herzegovina.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. DOLE (for himself, Mr. LIEBERMAN, Mr. HELMS, Mr. THURMOND, Mr.

MCCONNELL, Mr. LOTT, Mr. FEINGOLD, Mr. D’AMATO, Mr. MCCAIN,

Mr. BIDEN, Mr. MACK, Mr. KYL, Mr. GORTON, Mr. HATCH, Mr. SPECTER, Mr. PACKWOOD, and Mr. CRAIG) introduced the following bill; which

was read twice and referred to the Committee on Foreign Relations

A BILL

To terminate the United States arms embargo applicable

to 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 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) For the reasons stated in section 520 of the

9 Foreign Relations Authorization Act, Fiscal Years
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1 1994 and 1995 (Public Law 103–236), the Congress

2 has found that continued application of an inter3 national arms embargo to the Government of Bosnia

4 and Herzegovina contravenes that Government’s in5 herent right of individual or collective self-defense

6 under Article 51 of the United National Charter and

7 therefore is inconsistent with international law.

8 (2) The United States has not formally sought

9 multilateral support for terminating the arms em10 bargo against Bosnia and Herzegovina through a

11 vote on a United Nations Security Council resolution

12 since the enactment of section 1404 of the National

13 Defense Authorization Act for Fiscal Year 1995

14 (Public Law 103–337).

15 (3) The United Nations Security Council has

16 not taken measures necessary to maintain inter17 national peace and security in Bosnia and

18 Herzegovina since the aggression against that coun19 try began in April 1992.

20 SEC. 3. STATEMENT OF SUPPORT.

21 The Congress supports the efforts of the Government

22 of the Republic of Bosnia and Herzegovina—

23 (1) to defend its people and the territory of the

24 Republic;
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1 (2) to preserve the sovereignty, independence,

2 and territorial integrity of the Republic; and

3 (3) to bring about a peaceful, just, fair, viable,

4 and sustainable settlement of the conflict in Bosnia

5 and Herzegovina.

6 SEC. 4. TERMINATION OF ARMS EMBARGO.

7 (a) TERMINATION.—The President shall terminate

8 the United States arms embargo of the Government of

9 Bosnia and Herzegovina on—

10 (1) the date of receipt from that Government of

11 a request for assistance in exercising its right of

12 self-defense under Article 51 of the United Nations

13 Charter, or

14 (2) May 1, 1995,

15 whichever comes first.

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

17 ‘‘United States arms embargo of the Government of

18 Bosnia and Herzegovina’’ means the application to the

19 Government of Bosnia and Herzegovina of—

20 (1) the policy adopted July 10, 1991, and pub21 lished in the Federal Register of July 19, 1991 (58

22 F.R. 33322) under the heading ‘‘Suspension of Mu23 nitions Export Licenses to Yugoslavia’’; and

24 (2) any similar policy being applied by the

25 United States Government as of the date of receipt
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1 of the request described in subsection (a) pursuant

2 to which approval is denied for transfers of defense

3 articles and defense services to the former Yugo4 slavia.

5 (c) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be interpreted as authorization for deployment

7 of United States forces in the territory of Bosnia and

8 Herzegovina for any purpose, including training, support,

9 or delivery of military equipment.

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