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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 720 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 720

_______________________________________________________________________

                                 AN ACT

 
 To promote the development of a government in the Federal Republic of 
 Yugoslavia (Serbia and Montenegro) based on democratic principles and 
  the rule of law, and that respects internationally recognized human 
rights, to assist the victims of Serbian oppression, to apply measures 
  against the Federal Republic of Yugoslavia, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Serbia 
Democratization Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
             TITLE I--SUPPORT FOR THE DEMOCRATIC OPPOSITION

Sec. 101. Findings and policy.
Sec. 102. Assistance to promote democracy and civil society in 
                            Yugoslavia.
Sec. 103. Authority for radio and television broadcasting.
       TITLE II--ASSISTANCE TO THE VICTIMS OF SERBIAN OPPRESSION

Sec. 201. Findings.
Sec. 202. Sense of Congress.
Sec. 203. Assistance.
                  TITLE III--``OUTER WALL'' SANCTIONS

Sec. 301.  ``Outer wall'' sanctions.
Sec. 302. International financial institutions not in compliance with 
                            ``outer wall'' sanctions.
              TITLE IV--OTHER MEASURES AGAINST YUGOSLAVIA

Sec. 401. Blocking Yugoslavia assets in the United States.
Sec. 402. Suspension of entry into the United States.
Sec. 403. Prohibition on strategic exports to Yugoslavia.
Sec. 404. Prohibition on loans and investment.
Sec. 405. Prohibition of military-to-military cooperation.
Sec. 406. Multilateral sanctions.
Sec. 407. Exemptions.
Sec. 408. Waiver; termination of measures against Yugoslavia.
Sec. 409. Statutory construction.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. The International Criminal Tribunal for the former 
                            Yugoslavia.
Sec. 502. Sense of Congress with respect to ethnic Hungarians of 
                            Vojvodina.
Sec. 503. Ownership and use of diplomatic and consular properties.
Sec. 504. Transition assistance.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) Commercial export.--The term ``commercial export'' 
        means the sale of a farm product or medicine by a United States 
        seller to a foreign buyer in exchange for cash payment on 
        market terms without benefit of concessionary financing, export 
        subsidies, government or government-backed credits or other 
        nonmarket financing arrangements.
            (3) International criminal tribunal for the former 
        yugoslavia or tribunal.--The term ``International Criminal 
        Tribunal for the former Yugoslavia'' or the ``Tribunal'' means 
        the International Tribunal for the Prosecution of Persons 
        Responsible for Serious Violations of International 
        Humanitarian Law Committed in the Territory of the Former 
        Yugoslavia Since 1991, as established by United Nations 
        Security Council Resolution 827 of May 25, 1993.
            (4) Yugoslavia.--The term ``Yugoslavia'' means the so-
        called Federal Republic of Yugoslavia (Serbia and Montenegro), 
        and the term ``Government of Yugoslavia'' means the central 
        government of Yugoslavia.

             TITLE I--SUPPORT FOR THE DEMOCRATIC OPPOSITION

SEC. 101. FINDINGS AND POLICY.

    (a) Findings.--Congress finds the following:
            (1) The President of Yugoslavia, Slobodan Milosevic, has 
        consistently engaged in undemocratic methods of governing.
            (2) Yugoslavia has passed and implemented a law strictly 
        limiting freedom of the press and has acted to intimidate and 
        prevent independent media from operating inside Yugoslavia.
            (3) Although the Yugoslav and Serbian constitutions provide 
        for the right of citizens to change their government, citizens 
        of Serbia in practice are prevented from exercising that right 
        by the Milosevic regime's domination of the mass media and 
        manipulation of the electoral process.
            (4) The Yugoslav government has orchestrated attacks on 
        academics at institutes and universities throughout the country 
        in an effort to prevent the dissemination of opinions that 
        differ from official state propaganda.
            (5) The Yugoslav government prevents the formation of 
        nonviolent, democratic opposition through restrictions on 
        freedom of assembly and association.
            (6) The Yugoslav government uses control and intimidation 
        to control the judiciary and manipulates the country's legal 
        framework to suit the regime's immediate political interests.
            (7) The Government of Serbia and the Government of 
        Yugoslavia, under the direction of President Milosevic, have 
        obstructed the efforts of the Government of Montenegro to 
        pursue democratic and free-market policies.
            (8) At great risk, the Government of Montenegro has 
        withstood efforts by President Milosevic to interfere with its 
        government and supported the goals of the United States in the 
        conflict in Kosovo.
            (9) The people of Serbia who do not endorse the 
        undemocratic actions of the Milosevic government should not be 
        the target of criticism that is rightly directed at the 
        Milosevic regime.
    (b) Policy.--
            (1) It is the policy of the United States to encourage the 
        development of a government in Yugoslavia based on democratic 
        principles and the rule of law and that respects 
        internationally recognized human rights.
            (2) It is the sense of Congress that--
                    (A) the United States should actively support the 
                democratic opposition in Yugoslavia, including 
                political parties and independent trade unions, to 
                develop a legitimate and viable alternative to the 
                Milosevic regime;
                    (B) all United States Government officials, 
                including individuals from the private sector acting on 
                behalf of the United States Government, should attempt 
                to meet regularly with representatives of democratic 
                opposition organizations of Yugoslavia and minimize to 
                the extent practicable any direct contacts with 
                government officials from Yugoslavia, particularly 
                President Slobodan Milosevic, who perpetuate the 
                nondemocratic regime in Yugoslavia; and
                    (C) the United States should emphasize to all 
                political leaders in Yugoslavia the importance of 
                respecting internationally recognized human rights for 
                all individuals residing in Yugoslavia.

SEC. 102. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN 
              YUGOSLAVIA.

    (a) Assistance.--
            (1) Purpose of assistance.--The purpose of assistance under 
        this subsection is to promote and strengthen institutions of 
        democratic government and the growth of an independent civil 
        society in Yugoslavia, including ethnic tolerance and respect 
        for internationally recognized human rights.
            (2) Authorization for assistance.--To carry out the purpose 
        of paragraph (1), the President is authorized to furnish 
        assistance and other support for the activities described in 
        paragraph (3).
            (3) Activities supported.--Activities that may be supported 
        by assistance under paragraph (2) include the following:
                    (A) Democracy building.
                    (B) The development of nongovernmental 
                organizations.
                    (C) The development of independent media working 
                within Serbia if possible, but, if that is not 
                feasible, from locations in neighboring countries.
                    (D) The development of the rule of law, to include 
                a strong, independent judiciary, the impartial 
                administration of justice, and transparency in 
                political practices.
                    (E) International exchanges and advanced 
                professional training programs in skill areas central 
                to the development of civil society and a market 
                economy.
                    (F) The development of all elements of the 
                democratic process, including political parties and the 
                ability to administer free and fair elections.
                    (G) The development of local governance.
                    (H) The development of a free-market economy.
            (4) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated to the President $100,000,000 for the 
                period beginning October 1, 1999, and ending September 
                30, 2001, to carry out this subsection.
                    (B) Availability of funds.--Amounts appropriated 
                pursuant to subparagraph (A) are authorized to remain 
                available until expended.
    (b) Prohibition on Assistance to Government of Serbia.--In carrying 
out subsection (a), the President should take all necessary steps to 
ensure that no funds or other assistance is provided to the Government 
of Yugoslavia or to the Government of Serbia, except for purposes 
permitted under this Act.
    (c) Assistance to Government of Montenegro.--In carrying out 
subsection (a), the President may provide assistance to the Government 
of Montenegro, unless the President determines, and so reports to the 
appropriate congressional committees, that the leadership of the 
Government of Montenegro is not committed to, or is not taking steps to 
promote, democratic principles, the rule of law, or respect for 
internationally recognized human rights.

SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROADCASTING.

    (a) In General.--The Broadcasting Board of Governors shall further 
the open communication of information and ideas through the increased 
use of radio and television broadcasting to Yugoslavia in both the 
Serbo-Croatian and Albanian languages.
    (b) Implementation.--Radio and television broadcasting under 
subsection (a) shall be carried out by the Voice of America and, in 
addition, radio broadcasting under that subsection shall be carried out 
by RFE/RL, Incorporated. Subsection (a) shall be carried out in 
accordance with all the respective Voice of America and RFE/RL, 
Incorporated, standards to ensure that radio and television 
broadcasting to Yugoslavia serves as a consistently reliable and 
authoritative source of accurate, objective, and comprehensive news.
    (c) Statutory Construction.--The implementation of subsection (a) 
may not be construed as a replacement for the strengthening of 
indigenous independent media called for in section 102(a)(3)(C). To the 
maximum extent practicable, the two efforts (strengthening independent 
media and increasing broadcasts into Serbia) shall be carried out in 
such a way that they mutually support each other.

       TITLE II--ASSISTANCE TO THE VICTIMS OF SERBIAN OPPRESSION

SEC. 201. FINDINGS.

    The Congress finds the following:
            (1) Beginning in February 1998 and ending in June 1999, the 
        armed forces of Yugoslavia and the Serbian Interior Ministry 
        police force engaged in a brutal crackdown against the ethnic 
        Albanian population in Kosovo.
            (2) As a result of the attack by Yugoslav and Serbian 
        forces against the Albanian population of Kosovo, more than 
        10,000 individuals have been killed and 1,500,000 individuals 
        were displaced from their homes.
            (3) The majority of the individuals displaced by the 
        conflict in Kosovo was left homeless or was forced to find 
        temporary shelter in Kosovo or outside the country.
            (4) The activities of the Yugoslav armed forces and the 
        police force of the Serbian Interior Ministry resulted in the 
        widespread destruction of agricultural crops, livestock, and 
        property, as well as the poisoning of wells and water supplies, 
        and the looting of humanitarian goods provided by the 
        international community.

SEC. 202. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) humanitarian assistance to the victims of the conflict 
        in Kosovo, including refugees and internally displaced persons, 
        and all assistance to rebuild damaged property in Kosovo, 
        should be the responsibility of the Government of Yugoslavia 
        and the Government of Serbia;
            (2) under the direction of President Milosevic, neither the 
        Government of Yugoslavia nor the Government of Serbia has 
        provided the resources to assist innocent, civilian victims of 
        oppression in Kosovo; and
            (3) because neither the Government of Yugoslavia nor the 
        Government of Serbia has fulfilled the responsibilities of a 
        sovereign government toward the people in Kosovo, the 
        international community offers the only recourse for 
        humanitarian assistance to victims of oppression in Kosovo.

SEC. 203. ASSISTANCE.

    (a) Authority.--The President is authorized to furnish assistance 
under section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2292) and the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 
2601 et seq.), as appropriate, for--
            (1) relief, rehabilitation, and reconstruction in Kosovo; 
        and
            (2) refugees and persons displaced by the conflict in 
        Kosovo.
    (b) Prohibition.--No assistance may be provided under this section 
to any group that has been designated as a terrorist organization under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
    (c) Use of Economic Support Funds.--Any funds that have been 
allocated under chapter 4 of part II of the Foreign Assistance Act of 
1961 (22 U.S.C. 2346 et seq.) for assistance described in subsection 
(a) may be used in accordance with the authority of that subsection.

                  TITLE III--``OUTER WALL'' SANCTIONS

SEC. 301. ``OUTER WALL'' SANCTIONS.

    (a) Application of Measures.--The sanctions described in 
subsections (c) through (g) shall apply with respect to Yugoslavia 
until the President determines and certifies to the appropriate 
congressional committees that the Government of Yugoslavia has made 
significant progress in meeting the conditions described in subsection 
(b).
    (b) Conditions.--The conditions referred to in subsection (a) are 
the following:
            (1) Agreement on a lasting settlement in Kosovo.
            (2) Compliance with the General Framework Agreement for 
        Peace in Bosnia and Herzegovina.
            (3) Implementation of internal democratic reform.
            (4) Settlement of all succession issues with the other 
        republics that emerged from the break-up of the Socialist 
        Federal Republic of Yugoslavia.
            (5) Cooperation with the International Criminal Tribunal 
        for the former Yugoslavia, including the transfer of all 
        indicted war criminals in Yugoslavia to the Hague.
    (c) International Financial Institutions.--The Secretary of the 
Treasury shall instruct the United States executive directors of the 
international financial institutions to oppose, and vote against, any 
extension by those institutions of any financial assistance (including 
any technical assistance or grant) of any kind to the Government of 
Yugoslavia.
    (d) Organization for Security and Cooperation in Europe.--The 
Secretary of State should instruct the United States Ambassador to the 
Organization for Security and Cooperation in Europe (OSCE) to oppose 
and block any consensus to allow the participation of Yugoslavia in the 
OSCE or any organization affiliated with the OSCE.
    (e) United Nations.--The Secretary of State should instruct the 
United States Permanent Representative to the United Nations--
            (1) to oppose and vote against any resolution in the United 
        Nations Security Council to admit Yugoslavia to the United 
        Nations or any organization affiliated with the United Nations; 
        and
            (2) to actively oppose and, if necessary, veto any proposal 
        to allow Yugoslavia to assume the membership of the former 
        Socialist Federal Republic of Yugoslavia in the United Nations 
        General Assembly or any other organization affiliated with the 
        United Nations.
    (f) NATO.--The Secretary of State should instruct the United States 
Permanent Representative to the North Atlantic Council to oppose and 
vote against the extension to Yugoslavia of membership or participation 
in the Partnership for Peace program or any other organization 
affiliated with NATO.
    (g) Southeast European Cooperation Initiative.--The Secretary of 
State should instruct the United States Representatives to the 
Southeast European Cooperation Initiative (SECI) to actively oppose the 
participation of Yugoslavia in SECI.
    (h) Sense of Congress.--It is the sense of Congress that--
            (1) the President should not restore full diplomatic 
        relations with Yugoslavia until the President has determined 
        and so reported to the appropriate congressional committees 
        that the Government of Yugoslavia has met the conditions 
        described in subsection (b); and
            (2) the President should encourage all other European 
        countries to diminish their level of diplomatic relations with 
        Yugoslavia.
    (i) International Financial Institution Defined.--In this section, 
the term ``international financial institution'' includes the 
International Monetary Fund, the International Bank for Reconstruction 
and Development, the International Development Association, the 
International Finance Corporation, the Multilateral Investment Guaranty 
Agency, and the European Bank for Reconstruction and Development.

SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT IN COMPLIANCE WITH 
              ``OUTER WALL'' SANCTIONS.

    It is the sense of Congress that, if any international financial 
institution (as defined in section 301(i)) approves a loan or other 
financial assistance to the Government of Yugoslavia over opposition of 
the United States, then the Secretary of the Treasury should withhold 
from payment of the United States share of any increase in the paid-in 
capital of such institution an amount equal to the amount of the loan 
or other assistance.

              TITLE IV--OTHER MEASURES AGAINST YUGOSLAVIA

SEC. 401. BLOCKING YUGOSLAVIA ASSETS IN THE UNITED STATES.

    (a) Blocking of Assets.--All property and interests in property, 
including all commercial, industrial, or public utility undertakings or 
entities, of or in the name of the Government of Serbia or the 
Government of Yugoslavia that are in the United States, that hereafter 
come within the United States, or that are or hereafter come within the 
possession or control of United States persons, including their 
overseas branches, are hereby blocked.
    (b) Exercise of Authorities.--The Secretary of the Treasury, in 
consultation with the Secretary of State, shall take such actions, 
including the promulgation of regulations, orders, directives, rulings, 
instructions, and licenses, and employ all powers granted to the 
President by the International Emergency Economic Powers Act, as may be 
necessary to carry out the purpose of this section, including taking 
such steps as may be necessary to continue in effect the measures 
contained in Executive Order No. 13088 of June 9, 1998, and Executive 
Order No. 13121 of May 1, 1999, and any rule, regulation, license, or 
order issued thereunder.
    (c) Prohibited Transfers.--Transfers prohibited under subsection 
(b) shall include payments or transfers of any property or any 
transactions involving the transfer of anything of economic value by 
any United States person to the Government of Serbia, the Government of 
Yugoslavia, or any person or entity acting for or on behalf of, or 
owned or controlled, directly or indirectly, by any of those 
governments, persons, or entities.
    (d) Payment of Expenses.--All expenses incident to the blocking and 
maintenance of property blocked under subsection (a) shall be charged 
to the owners or operators of such property, which expenses shall not 
be met from blocked funds.
    (e) Prohibitions.--The following shall be prohibited as of the date 
of enactment of this Act:
            (1) Any transaction within the United States or by a United 
        States person relating to any vessel in which a majority or 
        controlling interest is held by a person or entity in, or 
        operating from, Serbia regardless of the flag under which the 
        vessel sails.
            (2) The exportation to Serbia or to any entity operated 
        from Serbia or owned and controlled by the Government of Serbia 
        or the Government of Yugoslavia, directly or indirectly, of any 
        goods, technology, or services, either--
                    (A) from the United States;
                    (B) requiring the issuance of a license by a 
                Federal agency; or
                    (C) involving the use of United States registered 
                vessels or aircraft, or any activity that promotes or 
                is intended to promote such exportation.
            (3) Any dealing by a United States person in--
                    (A) property originating in Serbia or exported from 
                Serbia;
                    (B) property intended for exportation from Serbia 
                to any country or exportation to Serbia from any 
                country; or
                    (C) any activity of any kind that promotes or is 
                intended to promote such dealing.
            (4) The performance by any United States person of any 
        contract, including a financing contract, in support of an 
        industrial, commercial, public utility, or governmental project 
        in Serbia.
    (f) Exceptions.--Nothing in this section shall apply to--
            (1) the transshipment through Serbia of commodities and 
        products originating outside Yugoslavia and temporarily present 
        in the territory of Yugoslavia only for the purpose of such 
        transshipment;
            (2) assistance provided under section 102 or section 203 of 
        this Act; or
            (3) those materials described in section 203(b)(3) of the 
        International Emergency Economic Powers Act relating to 
        informational materials.

SEC. 402. SUSPENSION OF ENTRY INTO THE UNITED STATES.

    (a) Prohibition.--The President shall use his authority under 
section 212(f) of the Immigration and Nationality Act (8 U.S.C. 
1182(f)) to suspend the entry into the United States of any alien who--
            (1) holds a position in the senior leadership of the 
        Government of Yugoslavia or the Government of Serbia; or
            (2) is a spouse, minor child, or agent of a person 
        inadmissible under paragraph (1).
    (b) Senior Leadership Defined.--In subsection (a)(1), the term 
``senior leadership''--
            (1) includes--
                    (A) the President, Prime Minister, Deputy Prime 
                Ministers, and government ministers of Yugoslavia;
                    (B) the Governor of the National Bank of 
                Yugoslavia; and
                    (C) the President, Prime Minister, Deputy Prime 
                Ministers, and government ministers of the Republic of 
                Serbia; and
            (2) does not include the President, Prime Minister, Deputy 
        Prime Ministers, and government ministers of the Republic of 
        Montenegro.

SEC. 403. PROHIBITION ON STRATEGIC EXPORTS TO YUGOSLAVIA.

    (a) Prohibition.--No computers, computer software, or goods or 
technology intended to manufacture or service computers may be exported 
to or for use by the Government of Yugoslavia or by the Government of 
Serbia, or by any of the following entities of either government:
            (1) The military.
            (2) The police.
            (3) The prison system.
            (4) The national security agencies.
    (b) Statutory Construction.--Nothing in this section prevents the 
issuance of licenses to ensure the safety of civil aviation and safe 
operation of United States-origin commercial passenger aircraft and to 
ensure the safety of ocean-going maritime traffic in international 
waters.

SEC. 404. PROHIBITION ON LOANS AND INVESTMENT.

    (a) United States Government Financing.--No loan, credit guarantee, 
insurance, financing, or other similar financial assistance may be 
extended by any agency of the United States Government (including the 
Export-Import Bank and the Overseas Private Investment Corporation) to 
the Government of Yugoslavia or the Government of Serbia.
    (b) Trade and Development Agency.--No funds made available by law 
may be available for activities of the Trade and Development Agency in 
or for Serbia.
    (c) Third Country Action.--The Secretary of State is urged to 
encourage all other countries, particularly European countries, to 
suspend any of their own programs providing support similar to that 
described in subsection (a) or (b) to the Government of Yugoslavia or 
the Government of Serbia, including by rescheduling repayment of the 
indebtedness of either government under more favorable conditions.
    (d) Prohibition on Private Credits.--
            (1) In general.--Except as provided in paragraph (2), no 
        national of the United States may make or approve any loan or 
        other extension of credit, directly or indirectly, to the 
        Government of Yugoslavia or to the Government of Serbia or to 
        any corporation, partnership, or other organization that is 
        owned or controlled by either the Government of Yugoslavia or 
        the Government of Serbia.
            (2) Exception.--Paragraph (1) shall not apply to a loan or 
        extension of credit for any housing, education, or humanitarian 
        benefit to assist the victims of repression in Kosovo.

SEC. 405. PROHIBITION OF MILITARY-TO-MILITARY 
              COOPERATION.

    The United States Government (including any agency or entity of the 
United States) shall not provide assistance under the Foreign 
Assistance Act of 1961 or the Arms Export Control Act (including the 
provision of Foreign Military Financing under section 23 of the Arms 
Export Control Act or international military education and training 
under chapter 5 of part II of the Foreign Assistance Act of 1961) or 
provide any defense articles or defense services under those Acts, to 
the armed forces of the Government of Yugoslavia or of the Government 
of Serbia.

SEC. 406. MULTILATERAL SANCTIONS.

    It is the sense of Congress that the President should continue to 
seek to coordinate with other countries, particularly European 
countries, a comprehensive, multilateral strategy to further the 
purposes of this Act, including, as appropriate, encouraging other 
countries to take measures similar to those described in this title.

SEC. 407. EXEMPTIONS.

    (a) Exemption for Kosovo.--None of the restrictions imposed by this 
Act shall apply with respect to Kosovo, including with respect to 
governmental entities or administering authorities or the people of 
Kosovo.
    (b) Exemption for Montenegro.--None of the restrictions imposed by 
this Act shall apply with respect to Montenegro, including with respect 
to governmental entities of Montenegro, unless the President determines 
and so certifies to the appropriate congressional committees that the 
leadership of the Government of Montenegro is not committed to, or is 
not taking steps to promote, democratic principles, the rule of law, or 
respect for internationally recognized human rights.

SEC. 408. WAIVER; TERMINATION OF MEASURES AGAINST YUGOSLAVIA.

    (a) General Waiver Authority.--Except as provided in subsection 
(b), the requirement to impose any measure under this Act may be waived 
for successive periods not to exceed 12 months each, and the President 
may provide assistance in furtherance of this Act notwithstanding any 
other provision of law, if the President determines and so certifies to 
the appropriate congressional committees in writing 15 days in advance 
of the implementation of any such waiver that--
            (1) it is important to the national interest of the United 
        States; or
            (2) significant progress has been made in Yugoslavia in 
        establishing a government based on democratic principles and 
        the rule of law, and that respects internationally recognized 
        human rights.
    (b) Exception.--The President may implement the waiver under 
subsection (a) for successive periods not to exceed 3 months each 
without the 15 day advance notification under that subsection --
            (1) if the President determines that exceptional 
        circumstances require the implementation of such waiver; and
            (2) the President immediately notifies the appropriate 
        congressional committees of his determination.
    (c) Termination of Restrictions.--The restrictions imposed by this 
Act shall be terminated if the President determines and so certifies to 
the appropriate congressional committees that the Government of 
Yugoslavia is a government that is committed to democratic principles 
and the rule of law, and that respects internationally recognized human 
rights.

SEC. 409. STATUTORY CONSTRUCTION.

    (a) In General.--None of the restrictions or prohibitions contained 
in this Act shall be construed to limit humanitarian assistance 
(including the provision of food and medicine), or the commercial 
export of agricultural commodities or medicine and medical equipment, 
to Yugoslavia.
    (b) Special Rule.--Nothing in subsection (a) shall be construed to 
permit the export of an agricultural commodity or medicine that could 
contribute to the development of a chemical or biological weapon.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER 
              YUGOSLAVIA.

    (a) Findings.--Congress finds the following:
            (1) United Nations Security Council Resolution 827, which 
        was adopted May 25, 1993, established the International 
        Criminal Tribunal for the former Yugoslavia to prosecute 
        persons responsible for serious violations of international 
        humanitarian law committed in the territory of the former 
        Yugoslavia since January 1, 1991.
            (2) United Nations Security Council Resolution 827 requires 
        full cooperation by all countries with the Tribunal, including 
        the obligation of countries to comply with requests of the 
        Tribunal for assistance or orders.
            (3) The Government of Yugoslavia has disregarded its 
        international obligations with regard to the Tribunal, 
        including its obligation to transfer or facilitate the transfer 
        to the Tribunal of any person on the territory of Yugoslavia 
        who has been indicted for war crimes or other crimes against 
        humanity under the jurisdiction of the Tribunal.
            (4) The Government of Yugoslavia publicly rejected the 
        Tribunal's jurisdiction over events in Kosovo and has impeded 
        the investigation of representatives from the Tribunal, 
        including denying those representatives visas for entry into 
        Yugoslavia, in their efforts to gather information about 
        alleged crimes against humanity in Kosovo under the 
        jurisdiction of the Tribunal.
            (5) The Tribunal has indicted President Slobodan Milosevic 
        for--
                    (A) crimes against humanity, specifically murder, 
                deportations, and persecutions; and
                    (B) violations of the laws and customs of war.
    (b) Policy.--It shall be the policy of the United States to support 
fully and completely the investigation of President Slobodan Milosevic 
by the International Criminal Tribunal for the former Yugoslavia for 
genocide, crimes against humanity, war crimes, and grave breaches of 
the Geneva Convention.
    (c) In General.--Subject to subsection (b), it is the sense of 
Congress that the United States Government should gather all 
information that the intelligence community (as defined in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)) collects or 
has collected to support an investigation of President Slobodan 
Milosevic for genocide, crimes against humanity, war crimes, and grave 
breaches of the Geneva Convention by the International Criminal 
Tribunal for the former Yugoslavia (ICTY) and that the Department of 
State should provide all appropriate information to the Office of the 
Prosecutor of the ICTY under procedures established by the Director of 
Central Intelligence that are necessary to ensure adequate protection 
of intelligence sources and methods.
    (d) Report to Congress.--Not less than 180 days after the date of 
enactment of this Act, and every 180 days thereafter, the President 
shall submit a report, in classified form if necessary, to the 
appropriate congressional committees that describes the information 
that was provided by the Department of State to the Office of the 
Prosecutor of the International Criminal Tribunal for the former 
Yugoslavia for the purposes of subsection (c).

SEC. 502. SENSE OF CONGRESS WITH RESPECT TO ETHNIC HUNGARIANS OF 
              VOJVODINA.

    (a) Findings.--Congress finds that--
            (1) approximately 350,000 ethnic Hungarians reside in the 
        province of Vojvodina, part of Serbia, in traditional 
        settlements in existence for centuries;
            (2) this community has taken no side in any of the Balkan 
        conflicts since 1990, but has maintained a consistent position 
        of nonviolence, while seeking to protect its existence through 
        the meager opportunities afforded under the existing political 
        system;
            (3) the Serbian leadership deprived Vojvodina of its 
        autonomous status at the same time as it did the same to the 
        province of Kosovo;
            (4) this population is subject to continuous harassment, 
        intimidation, and threatening suggestions that they leave the 
        land of their ancestors; and
            (5) during the past 10 years this form of ethnic cleansing 
        has already driven 50,000 ethnic Hungarians out of the province 
        of Vojvodina.
    (b) Sense of Congress.--It is the sense of Congress that the 
President should--
            (1) condemn harassment, threats, and intimidation against 
        any ethnic group in Yugoslavia as the usual precursor of 
        violent ethnic cleansing;
            (2) express deep concern over the reports on recent 
        threats, intimidation, and even violent incidents against the 
        ethnic Hungarian inhabitants of the province of Vojvodina;
            (3) call on the Secretary of State to regularly monitor the 
        situation of the Hungarian ethnic group in Vojvodina; and
            (4) call on the NATO allies of the United States, during 
        any negotiation on the future status of Kosovo, also to pay 
        substantial attention to establishing satisfactory guarantees 
        for the rights of the ethnic Hungarian community of Vojvodina, 
        and of other ethnic minorities in the province, including 
        consulting with elected leaders about their proposal for self-
        administration.

SEC. 503. OWNERSHIP AND USE OF DIPLOMATIC AND CONSULAR PROPERTIES.

    (a) Findings.--Congress finds the following:
            (1) The international judicial system, as currently 
        structured, lacks fully effective remedies for the wrongful 
        confiscation of property and for unjust enrichment from the use 
        of wrongfully confiscated property by governments and private 
        entities at the expense of the rightful owners of the property.
            (2) Since the dissolution of the Socialist Federal Republic 
        of Yugoslavia, the Government of Yugoslavia has exclusively 
        used, and benefited from the use of, properties located in the 
        United States that were owned by the Socialist Federal Republic 
        of Yugoslavia.
            (3) The Governments of Bosnia and Herzegovina, Croatia, the 
        Former Yugoslav Republic of Macedonia, and Slovenia have been 
        blocked by the Government of Yugoslavia from using, or 
        benefiting from the use of, any property located in the United 
        States that was previously owned by the Socialist Federal 
        Republic of Yugoslavia.
            (4) The continued occupation and use by officials of 
        Yugoslavia of that property without prompt, adequate, and 
        effective compensation under the applicable principles of 
        international law to the Governments of Bosnia and Herzegovina, 
        Croatia, the Former Yugoslav Republic of Macedonia, and 
        Slovenia are unjust and unreasonable.
    (b) Policy on Negotiations Regarding Properties.--It is the policy 
of the United States to insist that the Government of Yugoslavia has a 
responsibility to, and should, actively and cooperatively engage in 
good faith negotiations with the Governments of Bosnia and Herzegovina, 
Croatia, the Former Yugoslav Republic of Macedonia, and Slovenia for 
resolution of the outstanding property issues resulting from the 
dissolution of the Socialist Federal Republic of Yugoslavia, including 
the disposition of the following properties located in the United 
States:
            (1) 2222 Decatur Street, NW, Washington, DC.
            (2) 2410 California Street, NW, Washington, DC.
            (3) 1907 Quincy Street, NW, Washington, DC.
            (4) 3600 Edmonds Street, NW, Washington, DC.
            (5) 2221 R Street, NW, Washington, DC.
            (6) 854 Fifth Avenue, New York, NY.
            (7) 730 Park Avenue, New York, NY.
    (c) Sense of Congress on Return of Properties.--It is the sense of 
Congress that, if the Government of Yugoslavia refuses to engage in 
good faith negotiations on the status of the properties listed in 
subsection (b), the President should take steps to ensure that the 
interests of the Governments of Bosnia and Herzegovina, Croatia, the 
Former Yugoslav Republic of Macedonia, and Slovenia are protected in 
accordance with international law.

SEC. 504. TRANSITION ASSISTANCE.

    (a) Sense of Congress.--It is the sense of Congress that once the 
regime of President Slobodan Milosevic has been replaced by a 
government that is committed to democratic principles and the rule of 
law, and that respects internationally recognized human rights, the 
President of the United States should support the transition to 
democracy in Yugoslavia by providing immediate and substantial 
assistance, including facilitating its integration into international 
organizations.
    (b) Authorization of Assistance.--The President is authorized to 
furnish assistance to Yugoslavia if he determines, and so certifies to 
the appropriate congressional committees that the Government of 
Yugoslavia is committed to democratic principles and the rule of law 
and respects internationally recognized human rights.
    (c) Report to Congress.--
            (1) Development of plan.--The President shall develop a 
        plan for providing assistance to Yugoslavia in accordance with 
        this section. Such assistance would be provided at such time as 
        the President determines that the Government of Yugoslavia is 
        committed to democratic principles and the rule of law and 
        respects internationally recognized human rights.
            (2) Strategy.--The plan developed under paragraph (1) shall 
        include a strategy for distributing assistance to Yugoslavia 
        under the plan.
            (3) Diplomatic efforts.--The President shall take the 
        necessary steps--
                    (A) to seek to obtain the agreement of other 
                countries and international financial institutions and 
                other multilateral organizations to provide assistance 
                to Yugoslavia after the President determines that the 
                Government of Yugoslavia is committed to democratic 
                principles, the rule of law, and that respects 
                internationally recognized human rights; and
                    (B) to work with such countries, institutions, and 
                organizations to coordinate all such assistance 
                programs.
            (4) Communication of plan.--The President shall take the 
        necessary steps to communicate to the people of Yugoslavia the 
        plan for assistance developed under this section.
            (5) Report.--Not later than 120 days after the date of 
        enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a report describing in 
        detail the plan required to be developed by paragraph (1).

            Passed the Senate November 4, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 720

_______________________________________________________________________

                                 AN ACT

 To promote the development of a government in the Federal Republic of 
 Yugoslavia (Serbia and Montenegro) based on democratic principles and 
  the rule of law, and that respects internationally recognized human 
rights, to assist the victims of Serbian oppression, to apply measures 
  against the Federal Republic of Yugoslavia, and for other purposes.

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