II

106TH CONGRESS

1ST SESSION S. 720

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.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mr. HELMS (for himself, Mr. EDWARDS, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

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.

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; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Serbia Democratization Act of 1999’’.

4 (b) TABLE OF CONTENTS.—The table of contents of

5 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

TITLE I—SUPPORT FOR THE DEMOCRATIC OPPOSITION

Sec. 101. Findings and policy.

Sec. 102. Assistance to promote democratic institutions 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—MEASURES AGAINST YUGOSLAVIA

Sec. 301. ‘‘Outer wall’’ sanctions by multilateral organizations.

Sec. 302. International financial institutions not in compliance with ‘‘outer wall

sanctions’’.

Sec. 303. Blocking Yugoslavia assets in the United States.

Sec. 304. Prohibition on issuance of visas and admission to the United States.

Sec. 305. Additional restriction on restoration of normal trade relations with

Yugoslavia.

Sec. 306. Prohibition on strategic exports to Yugoslavia.

Sec. 307. Prohibition on loans and investment.

Sec. 308. Prohibition of military-to-military cooperation.

Sec. 309. Multilateral sanctions.

Sec. 310. Termination or modification of measures against Yugoslavia.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. The International Criminal Tribunal for the former Yugoslavia.

Sec. 402. Ownership and use of diplomatic and consular properties.

Sec. 403. Transition assistance.

6 SEC. 2. DEFINITION.

7 In this Act, except as otherwise provided in sections

8 303(g) and 401, the term ‘‘Yugoslavia’’ means the so9 called Federal Republic of Yugoslavia (Serbia and Monte10 negro).
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1 TITLE I—SUPPORT FOR THE

2 DEMOCRATIC OPPOSITION

3 SEC. 101. FINDINGS AND POLICY.

4 (a) FINDINGS.—Congress finds the following:

5 (1) The President of Yugoslavia, Slobodan

6 Milosevic, has consistently engaged in undemocratic

7 methods of governing.

8 (2) Yugoslavia has passed and implemented a

9 law strictly limiting freedom of the press and has

10 acted to intimidate and prevent independent media

11 from operating inside Yugoslavia.

12 (3) Although the Yugoslav and Serbian con13 stitutions provide for the right of citizens to change

14 their government, citizens of Serbia in practice are

15 prevented from exercising that right by the Milosevic

16 regime’s domination of the mass media and manipu17 lation of the electoral process.

18 (4) The Yugoslav government has orchestrated

19 attacks on academics at institutes and universities

20 throughout the country in an effort to prevent the

21 dissemination of opinions that differ from official

22 state propaganda.

23 (5) The Yugoslav government prevents the for24 mation of nonviolent, democratic opposition through

25 restrictions on freedom of assembly and association.
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1 (6) The Yugoslav government uses control and

2 intimidation to control the judiciary and manipulates

3 the country’s legal framework to suit the regime’s

4 immediate political interests.

5 (7) The Government of Serbia, under the direc6 tion of President Milosevic, has obstructed the ef7 forts of the Government of Montenegro to pursue

8 democratic and free-market policies.

9 (8) The people of Serbia who do not endorse

10 the undemocratic actions of the Milosevic govern11 ment should not be the target of criticism that is

12 rightly directed at the Milosevic regime.

13 (b) POLICY.—

14 (1) It is the policy of the United States to en15 courage the development of a government in Yugo16 slavia based on democratic principles and the rule of

17 law and that respects internationally recognized

18 human rights.

19 (2) It is the sense of Congress that—

20 (A) the United States should actively sup21 port the democratic opposition in Yugoslavia,

22 including political parties and independent

23 trade unions, to develop a legitimate and viable

24 alternative to the Milosevic regime;
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1 (B) all United States Government officials,

2 including individuals from the private sector

3 acting on behalf of the United States Govern4 ment, should attempt to meet regularly with

5 representatives of democratic opposition organi6 zations of Yugoslavia and minimize to the ex7 tent practicable any direct contacts with gov8 ernment officials from Yugoslavia, particularly

9 President Slobodan Milosevic, who perpetuate

10 the nondemocratic regime in Yugoslavia; and

11 (C) the United States should emphasize to

12 all political leaders in Yugoslavia the impor13 tance of respecting internationally recognized

14 human rights for all individuals residing in

15 Yugoslavia.

16 SEC. 102. ASSISTANCE TO PROMOTE DEMOCRACY AND

17 CIVIL SOCIETY IN YUGOSLAVIA.

18 (a) ASSISTANCE.—

19 (1) PURPOSE OF ASSISTANCE.—The purpose of

20 assistance under this subsection is to promote and

21 strengthen institutions of democratic government

22 and the growth of an independent civil society in

23 Yugoslavia, including ethnic tolerance and respect

24 for internationally recognized human rights.
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1 (2) AUTHORIZATION FOR ASSISTANCE.—The

2 President is authorized to furnish assistance and

3 other support for individuals and independent non4 governmental organizations to carry out the purpose

5 of paragraph (1) through support for the activities

6 described in paragraph (3).

7 (3) ACTIVITIES SUPPORTED.—Activities that

8 may be supported by assistance under paragraph (2)

9 include the following:

10 (A) Democracy building.

11 (B) The development of nongovernmental

12 organizations.

13 (C) The development of independent

14 media.

15 (D) The development of the rule of law, a

16 strong, independent judiciary, and transparency

17 in political practices.

18 (E) International exchanges and advanced

19 professional training programs in skill areas

20 central to the development of civil society and

21 a market economy.

22 (F) The development of all elements of the

23 democratic process, including political parties

24 and the ability to administer free and fair elec25 tions.
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1 (G) The development of local governance.

2 (H) The development of a free-market

3 economy.

4 (4) AUTHORIZATION OF APPROPRIATIONS.—

5 (A) IN GENERAL.—There is authorized to

6 be appropriated to the President $100,000,000

7 for the period beginning October 1, 1999, and

8 ending September 30, 2001, to carry out this

9 subsection.

10 (B) AVAILABILITY OF FUNDS.—Amounts

11 appropriated pursuant to subparagraph (A) are

12 authorized to remain available until expended.

13 (b) PROHIBITION ON ASSISTANCE TO GOVERNMENT

14 OF SERBIA.—In carrying out subsection (a), the President

15 shall take all necessary steps to ensure that no funds or

16 other assistance is provided to the Government of Yugo17 slavia or to the Government of Serbia.

18 (c) RESTRICTION ON ASSISTANCE TO GOVERNMENT

19 OF MONTENEGRO.—In carrying out subsection (a), the

20 President is authorized to provide assistance to the Gov21 ernment of Montenegro, if the President determines, and

22 so reports to the Speaker of the House of Representatives

23 and the Committee on Foreign Relations of the Senate,

24 that the Government of Montenegro is committed to, and

25 is taking steps to promote, democratic principles, the rule
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1 of law, and respect for internationally recognized human

2 rights.

3 SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROAD4 CASTING.

5 (a) IN GENERAL.—The Broadcasting Board of Gov6 ernors shall further the open communication of informa7 tion and ideas through the increased use of radio and tele8 vision broadcasting to Yugoslavia in both the Serbo-Cro9 atian and Albanian languages.

10 (b) IMPLEMENTATION.—Radio and television broad11 casting under subsection (a) shall be carried out by the

12 Voice of America and, in addition, radio broadcasting

13 under that subsection shall be carried out by RFE/RL,

14 Incorporated. Subsection (a) shall be carried out in ac15 cordance with all the respective Voice of America and

16 RFE/RL, Incorporated, standards to ensure that radio

17 and television broadcasting to Yugoslavia serves as a con18 sistently reliable and authoritative source of accurate, ob19 jective, and comprehensive news.

20 TITLE II—ASSISTANCE TO THE

21 VICTIMS OF SERBIAN OP22 PRESSION

23 SEC. 201. FINDINGS.

24 The Congress finds the following:
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1 (1) Since February 1998, the armed forces of

2 Yugoslavia and the Serbian Interior Ministry police

3 force have engaged in a brutal crackdown against

4 the ethnic Albanian population in Kosovo.

5 (2) Since the initial assault by Yugoslav and

6 Serbian forces in Kosovo, more than 2,000 individ7 uals have been killed and 600,000 individuals have

8 been displaced from their homes.

9 (3) The majority of the individuals displaced by

10 the conflict in Kosovo have been unable to return to

11 their homes and have been forced to find temporary

12 shelter in Kosovo or outside the country.

13 (4) The activities of the Yugoslav armed forces

14 and the police force of the Serbian Interior Ministry

15 have resulted in the widespread destruction of agri16 cultural crops, livestock, and property, as well as the

17 poisoning of wells and water supplies, and the

18 looting of humanitarian goods provided by the inter19 national community.

20 (5) Since February 1998, 20,000 homes in

21 Kosovo have been demolished and more than 500

22 villages have been partially or completely destroyed.

23 SEC. 202. SENSE OF CONGRESS.

24 It is the sense of Congress that—
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1 (1) humanitarian assistance to the victims of

2 the conflict in Kosovo, including refugees and inter3 nally displaced persons, and all assistance to rebuild

4 damaged property in Kosovo, should be the responsi5 bility of the Government of Yugoslavia and the Gov6 ernment of Serbia;

7 (2) under the direction of President Milosevic,

8 neither the Government of Yugoslavia nor the Gov9 ernment of Serbia has provided the resources to as10 sist innocent, civilian victims of oppression in

11 Kosovo; and

12 (3) because neither the Government of Yugo13 slavia nor the Government of Serbia has fulfilled the

14 responsibilities of a sovereign government toward the

15 people in Kosovo, the international community offers

16 the only recourse for humanitarian assistance to vic17 tims of oppression in Kosovo.

18 SEC. 203. ASSISTANCE.

19 (a) AUTHORITY.—The President may use authorities

20 of the Foreign Assistance Act of 1961—

21 (1) to provide humanitarian assistance to indi22 viduals living in Kosovo, and refugees and individ23 uals displaced by the conflict in Kosovo currently re24 siding in Montenegro, Albania, Bosnia and
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1 Herzegovina, and the former Yugoslav Republic of

2 Macedonia;

3 (2) for direct legal and other assistance to indi4 viduals and their families from Kosovo who have

5 been victims of atrocities in that province; and

6 (3) to support Kosovar community organiza7 tions in their effort to build civil society in Kosovo.

8 (b) PROHIBITION.—No assistance may be provided

9 under this Act to any group that maintains within its

10 ranks any individual whom the President has determined

11 to have committed terrorist acts or any other gross viola12 tions of internationally recognized human rights.

13 TITLE III—MEASURES AGAINST

14 YUGOSLAVIA

15 SEC. 301. ‘‘OUTER WALL’’ SANCTIONS.

16 (a) APPLICATION OF MEASURES.—The sanctions de17 scribed in subsections (c) through (g) shall apply with re18 spect to Yugoslavia until the President determines and

19 certifies to the Speaker of the House of Representatives

20 and the Committee on Foreign Relations of the Senate

21 that the Government of Yugoslavia has met the conditions

22 described in subsection (b).

23 (b) CONDITIONS.—The conditions referred to in sub24 section (a) are the following:
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1 (1) Agreement to resolve peacefully the conflict

2 in Kosovo.

3 (2) Compliance with the General Framework

4 Agreement for Peace in Bosnia and Herzegovina.

5 (3) Implementation of internal democratic re6 form.

7 (4) Settlement of all succession issues with the

8 other republics that emerged from the break-up of

9 the Socialist Federal Republic of Yugoslavia.

10 (5) Cooperation with the International Criminal

11 Tribunal for the former Yugoslavia, including the

12 transfer of all indicted war criminals in Yugoslavia

13 to the Hague.

14 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—

15 The Secretary of the Treasury shall instruct the United

16 States executive directors of the international financial in17 stitutions to oppose, and vote against, any extension by

18 those institutions of any financial assistance (including

19 any technical assistance or grant) of any kind to the Gov20 ernment of Yugoslavia.

21 (d) ORGANIZATION FOR SECURITY AND COOPERA22 TION IN EUROPE.—The Secretary of State shall instruct

23 the United States Ambassador to the Organization for Se24 curity and Cooperation in Europe (OSCE) to oppose and

25 block any consensus to allow the participation of Yugo-
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1 slavia in the OSCE or any organization affiliated with the

2 OSCE.

3 (e) UNITED NATIONS.—The Secretary of State shall

4 instruct the United States Permanent Representative to

5 the United Nations—

6 (1) to oppose and vote against any resolution in

7 the United Nations Security Council to admit Yugo8 slavia to the United Nations or any organization af9 filiated with the United Nations; and

10 (2) to actively oppose and, if necessary, veto

11 any proposal to allow Yugoslavia to assume the

12 membership of the former Socialist Federal Republic

13 of Yugoslavia in the United Nations General Assem14 bly or any other organization affiliated with the

15 United Nations.

16 (f) NATO.—The Secretary of State shall instruct the

17 United States Permanent Representative to the North At18 lantic Council to oppose and vote against the extension

19 to Yugoslavia of membership or participation in the Part20 nership for Peace program or any other organization affili21 ated with NATO.

22 (g) SOUTHEAST EUROPEAN COOPERATIVE INITIA23 TIVE.—The Secretary of State shall instruct the United

24 States Representatives to the Southeast European Cooper-
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1 ative Initiative (SECI) to actively oppose the extension of

2 SECI membership to Yugoslavia.

3 (h) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) the President should not restore full diplo6 matic relations with Yugoslavia until the President

7 has determined and so reported to the Speaker of

8 the House of Representatives and the Committee on

9 Foreign Relations of the Senate that the Govern10 ment of Yugoslavia has met the conditions described

11 in subsection (b); and

12 (2) the President should encourage all other

13 European countries to diminish their level of diplo14 matic relations with Yugoslavia.

15 (i) INTERNATIONAL FINANCIAL INSTITUTION DE16 FINED.—In this section, the term ‘‘international financial

17 institution’’ includes the International Monetary Fund,

18 the International Bank for Reconstruction and Develop19 ment, the International Development Association, the

20 International Finance Corporation, the Multilateral In21 vestment Guaranty Agency, and the European Bank for

22 Reconstruction and Development.
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1 SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT

2 IN COMPLIANCE WITH ‘‘OUTER WALL’’ SANC3 TIONS.

4 It is the sense of Congress that, if any international

5 financial institution (as defined in section 301(i)) approves

6 a loan or other financial assistance to the Government of

7 Yugoslavia over opposition of the United States, then the

8 Secretary of the Treasury should withhold from payment

9 of the United States share of any increase in the paid10 in capital of such institution an amount equal to the

11 amount of the loan or other assistance.

12 SEC. 303. BLOCKING YUGOSLAVIA ASSETS IN THE UNITED

13 STATES.

14 (a) BLOCKING OF ASSETS.—All property and inter15 ests in property, including all commercial, industrial, or

16 public utility undertakings or entities, of or in the name

17 of the Government of Serbia and the Government of Yugo18 slavia that are in the United States, that hereafter come

19 within the United States, or that are or hereafter come

20 within the possession or control of United States persons,

21 including their overseas branches, are hereby blocked.

22 (b) EXERCISE OF AUTHORITIES.—The Secretary of

23 the Treasury, in consultation with the Secretary of State,

24 shall take such actions, including the promulgation of

25 rules and regulations, and employ all powers granted to

26 the President by the International Emergency Economic
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1 Powers Act as may be necessary to carry out the purpose

2 of this section. Such actions shall include prohibiting pay3 ments or transfers of any property or any transactions in4 volving the transfer of anything of economic value by any

5 United States person to the Government of Serbia, the

6 Government of Yugoslavia, or any person or entity acting

7 for or on behalf of, or owned or controlled, directly or indi8 rectly, by any of those governments, persons, or entities.

9 (c) SUSPENSION OR TERMINATION OF LICENSES.—

10 The Secretary of the Treasury, in consultation with the

11 Secretary of State, shall take such actions to suspend or

12 terminate licenses or other authorizations in effect with

13 respect to any property described in subsection (a) as of

14 the date of enactment of this Act.

15 (d) PAYMENT OF EXPENSES.—All expenses incident

16 to the blocking and maintenance of property blocked under

17 subsection (a) shall be charged to the owners or operators

18 of such property, which expenses shall not be met from

19 blocked funds.

20 (e) PROHIBITIONS.—The following shall be prohib21 ited as of the date of enactment of this Act:

22 (1) Any transaction within the United States or

23 by a United States person relating to any vessel in

24 which a majority or controlling interest is held by a
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1 person or entity in, or operating from, Serbia re2 gardless of the flag under which the vessel sails.

3 (2) The exportation to Serbia or to any entity

4 operated from Serbia or owned and controlled by the

5 Government of Serbia or the Government of Yugo6 slavia, directly or indirectly, of any goods, tech7 nology, or services, either—

8 (A) from the United States;

9 (B) requiring the issuance of a license by

10 a Federal agency; or

11 (C) involving the use of United States reg12 istered vessels or aircraft, or any activity that

13 promotes or is intended to promote such expor14 tation.

15 (3) Any dealing by a United States person in—

16 (A) property originating in Serbia or ex17 ported from Serbia;

18 (B) property intended for exportation from

19 Serbia to any country or exportation to Serbia

20 from any country; or

21 (C) any activity of any kind that promotes

22 or is intended to promote such dealing.

23 (4) The granting of permission to any aircraft

24 to take off from, land in, or overfly the United

25 States, if the aircraft, as part of the same flight or
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1 as a continuation of that flight, is destined to land

2 in or has taken off from the territory of Serbia.

3 (5) The performance by any United States per4 son of any contract, including a financing contract,

5 in support of an industrial, commercial, public util6 ity, or governmental project in Serbia.

7 (f) EXCLUSION OF TRANSSHIPMENTS.—Nothing in

8 this section shall apply to the transshipment through Ser9 bia of commodities and products originating outside Yugo10 slavia and temporarily present in the territory of Yugo11 slavia only for the purpose of such transshipment.

12 (g) DEFINITIONS.—In this section, the terms ‘‘Gov13 ernment of Serbia’’ and ‘‘Government of Yugoslavia’’ in14 clude the governments of Serbia and Yugoslavia, including

15 any subdivisions thereof or local governments therein,

16 their respective agencies, instrumentalities and controlled

17 entities, and any persons acting or purporting to act for

18 or on behalf of any of the foregoing.

19 SEC. 304. PROHIBITION ON ISSUANCE OF VISAS AND ADMIS20 SION TO THE UNITED STATES.

21 (a) PROHIBITION.—The Secretary of State shall deny

22 a visa to, and the Attorney General shall not admit to

23 the United States, any alien who—
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1 (1) holds a position in the senior leadership of

2 the Government of Yugoslavia or the Government of

3 Serbia; or

4 (2) is a spouse, minor child, or agent of a per5 son inadmissible under paragraph (1).

6 (b) SENIOR LEADERSHIP DEFINED.—In subsection

7 (a)(1), the term ‘‘senior leadership’’—

8 (1) includes—

9 (A) the President, Prime Minister, Deputy

10 Prime Ministers, and government ministers of

11 Yugoslavia;

12 (B) the Governor of the National Bank of

13 Yugoslavia; and

14 (C) the President, Prime Minister, Deputy

15 Prime Ministers, and government ministers of

16 the Republic of Serbia; and

17 (2) does not include the President, Prime Min18 ister, Deputy Prime Ministers, and government min19 isters of the Republic of Montenegro.

20 SEC. 305. ADDITIONAL RESTRICTION ON RESTORATION OF

21 NORMAL TRADE RELATIONS WITH YUGO22 SLAVIA.

23 Section 1(c) of the Act of October 16, 1992, as

24 amended (Public Law 102–420; 19 U.S.C. 2432 note) is

25 further amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (2);

3 (2) in paragraph (3), by striking the period and

4 inserting ‘‘; and’’; and

5 (3) by adding at the end the following:

6 ‘‘(4) has a freely elected government that is

7 based on democratic principles and the rule of law,

8 and that respects internationally recognized human

9 rights.’’.

10 SEC. 306. PROHIBITION ON STRATEGIC EXPORTS TO YUGO11 SLAVIA.

12 No computers, computer software, or goods or tech13 nology intended to manufacture or service computers may

14 be exported to or for use by the Government of Yugoslavia

15 or by the Government of Serbia, or by any of the following

16 entities of either government:

17 (1) The military.

18 (2) The police.

19 (3) The prison system.

20 (4) The national security agencies.

21 SEC. 307. PROHIBITION ON LOANS AND INVESTMENT.

22 (a) UNITED STATES GOVERNMENT FINANCING.—No

23 loan, credit guarantee, insurance, financing, or other fi24 nancial support may be extended by any agency of the

25 United States Government (including the Export-Import
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1 Bank and the Overseas Private Investment Corporation)

2 with respect to Yugoslavia.

3 (b) TRADE AND DEVELOPMENT AGENCY.—No funds

4 made available by law may be available for activities of

5 the Trade and Development Agency in or for Yugoslavia.

6 (c) THIRD COUNTRY ACTION.—The Secretary of

7 State is urged to encourage all other countries, particu8 larly European countries, to suspend any of their own pro9 grams providing support similar to that described in sub10 section (a) or (b) to Yugoslavia, including rescheduling

11 Yugoslavia debt under more favorable conditions for Yugo12 slavia.

13 (d) PROHIBITION ON PRIVATE CREDITS.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), no national of the United States may

16 make or approve any loan or other extension of cred17 it, directly or indirectly, to the Government of Yugo18 slavia or to the Government of Serbia or to any cor19 poration, partnership, or other organization that is

20 owned or controlled by either the Government of

21 Yugoslavia or the Government of Serbia.

22 (2) EXCEPTION.—Paragraph (1) shall not

23 apply to a loan or extension of credit for any hous24 ing, education, or humanitarian benefit to assist the

25 victims of repression in Kosovo.
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1 (e) EXCLUSION OF GOVERNMENT OF MONTE2 NEGRO.—The prohibitions on the provisions of loans, cred3 it guarantees, investment, and other financial assistance

4 contained in this section do not apply to the Government

5 of Montenegro if the President determines, and so reports

6 to the Speaker of the House of Representatives and the

7 Committee on Foreign Relations of the Senate, that—

8 (1) the Government of Montenegro is com9 mitted to, and taking steps to promote, democratic

10 principles, the rule of law, and respect for inter11 nationally recognized human rights; and

12 (2) the financing would not benefit the Govern13 ment of Yugoslavia or the Government of Serbia.

14 SEC. 308. PROHIBITION OF MILITARY-TO-MILITARY CO15 OPERATION.

16 (a) IN GENERAL.—Except as provided in subsection

17 (b), no agency or entity of the United States may engage

18 in any form of cooperation, direct or indirect (including

19 the granting of Foreign Military Financing under section

20 23 of the Arms Export Control Act or international mili21 tary education and training under chapter 5 of part II

22 of the Foreign Assistance Act of 1961) with the armed

23 forces of the Government of Yugoslavia or of the Govern24 ment of Serbia.
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1 (b) WAIVER.—The President may waive the applica2 tion of subsection (a) if he determines and so reports to

3 the Speaker of the House of Representatives and the Com4 mittee on Foreign Relations of the Senate that the waiver

5 is necessary to further the development in Yugoslavia of

6 a government based on democratic principles and the rule

7 of law and that respects internationally recognized human

8 rights.

9 SEC. 309. MULTILATERAL SANCTIONS.

10 It is the sense of Congress that the President should

11 encourage all other countries, particularly European coun12 tries, to take measures similar to those described in this

13 title.

14 SEC. 310. TERMINATION OR MODIFICATION OF MEASURES

15 AGAINST YUGOSLAVIA.

16 Whenever the President determines, and so reports

17 to the Speaker of the House of Representatives and the

18 Committee on Foreign Relations of the Senate that the

19 Government of Yugoslavia is a government that is based

20 on democratic principles and the rule of law, and that re21 spects internationally recognized human rights, the Presi22 dent may terminate or modify any of the measures re23 quired by this title, except as otherwise provided in section

24 301.
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1 TITLE IV—MISCELLANEOUS

2 PROVISIONS

3 SEC. 401. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR

4 THE FORMER YUGOSLAVIA.

5 (a) FINDINGS.—Congress finds the following:

6 (1) United Nations Security Council Resolution

7 827, which was adopted May 25, 1993, established

8 the International Criminal Tribunal for the former

9 Yugoslavia (in this section referred to as the ‘‘Tri10 bunal’’) to prosecute persons responsible for serious

11 violations of international humanitarian law com12 mitted in the territory of the former Yugoslavia

13 since January 1, 1991.

14 (2) United Nations Security Council Resolution

15 827 requires full cooperation by all countries with

16 the Tribunal, including the obligation of countries to

17 comply with requests of the Tribunal for assistance

18 or orders.

19 (3) The Government of Yugoslavia has dis20 regarded its international obligations with regard to

21 the Tribunal, including its obligation to transfer or

22 facilitate the transfer to the Tribunal of any person

23 on the territory of Serbia who has been indicted for

24 war crimes or other crimes against humanity under

25 the jurisdiction of the Tribunal.
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1 (4) The Government of Yugoslavia has publicly

2 rejected the Tribunal’s jurisdiction over events in

3 Kosovo and has impeded the investigation of rep4 resentatives from the Tribunal, including denying

5 those representatives visas for entry into Yugoslavia,

6 in their efforts to gather information about alleged

7 crimes against humanity in Kosovo under the juris8 diction of the Tribunal.

9 (b) POLICY.—It shall be the policy of the United

10 States to support fully and completely the indictment of

11 President Slobodan Milosevic as a war criminal under the

12 relevant statutes of the International Criminal Tribunal

13 for the former Yugoslavia if the Tribunal decides to indict

14 him.

15 (c) IN GENERAL.—Subject to subsection (b), it is the

16 sense of Congress that the Director of Central Intelligence

17 should transfer to the International Criminal Tribunal for

18 the former Yugoslavia any information the intelligence

19 community (as defined in section 3(4) of the National Se20 curity Act of 1947 (50 U.S.C. 401a(4)) collects or has

21 collected in support of an indictment and trial of President

22 Slobodan Milosevic for war crimes, crimes against human23 ity, or genocide.

24 (d) PROTECTION OF SOURCES AND METHODS.—In

25 carrying out subsection (c), the Director of Central Intel-
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1 ligence shall take such steps as may be necessary to ensure

2 adequate protection of intelligence sources and methods.

3 SEC. 402. OWNERSHIP AND USE OF DIPLOMATIC AND CON4 SULAR PROPERTIES.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The international judicial system, as cur7 rently structured, lacks fully effective remedies for

8 the wrongful confiscation of property and for unjust

9 enrichment from the use of wrongfully confiscated

10 property by governments and private entities at the

11 expense of the rightful owners of the property.

12 (2) Since the dissolution of the Socialist Fed13 eral Republic of Yugoslavia, the Government of

14 Yugoslavia has exclusively used, and benefited from

15 the use of, properties located in the United States

16 that were owned by the Socialist Federal Republic of

17 Yugoslavia.

18 (3) The governments of Bosnia and

19 Herzegovina, Croatia, the Former Yugoslav Republic

20 of Macedonia, and Slovenia have been blocked by the

21 Government of Yugoslavia in using, or benefiting

22 from the use of, any property located in the United

23 States that was previously owned by the Socialist

24 Federal Republic of Yugoslavia.
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1 (4) The continued occupation and use by offi2 cials of Yugoslavia of that property without prompt,

3 adequate, and effective compensation under the ap4 plicable principles of international law to the govern5 ments of Bosnia-Herzegovina, Croatia, the Former

6 Yugoslav Republic of Macedonia, and Slovenia is un7 just and unreasonable.

8 (b) POLICY ON NEGOTIATIONS REGARDING PROP9 ERTIES.—It is the policy of the United States to insist

10 that the Government of Yugoslavia engage in good faith

11 negotiations with the governments of Bosnia and

12 Herzegovina, Croatia, the Former Yugoslav Republic of

13 Macedonia, and Slovenia on the ownership and continued

14 use of, or on the arrangement for prompt, adequate and

15 effective compensation for, the following properties located

16 in the United States:

17 (1) 2222 Decatur Street, NW, Washington,

18 DC.

19 (2) 2410 California Street, NW, Washington,

20 DC.

21 (3) 1907 Quincy Street, NW, Washington, DC.

22 (4) 3600 Edmonds Street, NW, Washington,

23 DC.

24 (5) 2221 R Street, NW, Washington, DC.

25 (6) 854 Fifth Avenue, New York, NY.
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1 (7) 730 Park Avenue, New York, NY.

2 (c) SENSE OF CONGRESS ON RETURN OF PROP3 ERTIES.—It is the sense of the Congress that, if the Gov4 ernment of Yugoslavia refuses to engage in good faith ne5 gotiations on the status of the properties listed in sub6 section (b), the President should take steps to return those

7 properties to the possession of the governments of Bosnia

8 and Herzegovina, Croatia, the Former Yugoslav Republic

9 of Macedonia, and Slovenia in accordance with inter10 national law.

11 SEC. 403. TRANSITION ASSISTANCE.

12 It is the sense of Congress that once the regime of

13 President Slobodan Milosevic has been replaced by a gov14 ernment that is committed to democratic principles and

15 the rule of law, and that respects internationally recog16 nized human rights, the President of the United States

17 should support the transition to democracy in Yugoslavia

18 by providing immediate and substantial assistance, includ19 ing facilitating its integration into international organiza20 tions.

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