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.

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; TABLE OF CONTENTS.

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

5 ‘‘Serbia Democratization Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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.

3 SEC. 2. DEFINITIONS.

4 In this Act:

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means the Committee on Foreign Relations
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1 of the Senate and the Committee on International

2 Relations of the House of Representatives.

3 (2) COMMERCIAL EXPORT.—The term ‘‘com4 mercial export’’ means the sale of a farm product or

5 medicine by a United States seller to a foreign buyer

6 in exchange for cash payment on market terms with7 out benefit of concessionary financing, export sub8 sidies, government or government-backed credits or

9 other nonmarket financing arrangements.

10 (3) INTERNATIONAL CRIMINAL TRIBUNAL FOR

11 THE FORMER YUGOSLAVIA OR TRIBUNAL.—The term

12 ‘‘International Criminal Tribunal for the former

13 Yugoslavia’’ or the ‘‘Tribunal’’ means the Inter14 national Tribunal for the Prosecution of Persons Re15 sponsible for Serious Violations of International Hu16 manitarian Law Committed in the Territory of the

17 Former Yugoslavia Since 1991, as established by

18 United Nations Security Council Resolution 827 of

19 May 25, 1993.

20 (4) YUGOSLAVIA.—The term ‘‘Yugoslavia’’

21 means the so-called Federal Republic of Yugoslavia

22 (Serbia and Montenegro), and the term ‘‘Govern23 ment of Yugoslavia’’ means the central government

24 of Yugoslavia.
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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 and the Govern6 ment of Yugoslavia, under the direction of President

7 Milosevic, have obstructed the efforts of the Govern8 ment of Montenegro to pursue democratic and free9 market policies.

10 (8) At great risk, the Government of Monte11 negro has withstood efforts by President Milosevic to

12 interfere with its government and supported the

13 goals of the United States in the conflict in Kosovo.

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

15 the undemocratic actions of the Milosevic govern16 ment should not be the target of criticism that is

17 rightly directed at the Milosevic regime.

18 (b) POLICY.—

19 (1) It is the policy of the United States to en20 courage the development of a government in Yugo21 slavia based on democratic principles and the rule of

22 law and that respects internationally recognized

23 human rights.

24 (2) It is the sense of Congress that—
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1 (A) the United States should actively sup2 port the democratic opposition in Yugoslavia,

3 including political parties and independent

4 trade unions, to develop a legitimate and viable

5 alternative to the Milosevic regime;

6 (B) all United States Government officials,

7 including individuals from the private sector

8 acting on behalf of the United States Govern9 ment, should attempt to meet regularly with

10 representatives of democratic opposition organi11 zations of Yugoslavia and minimize to the ex12 tent practicable any direct contacts with gov13 ernment officials from Yugoslavia, particularly

14 President Slobodan Milosevic, who perpetuate

15 the nondemocratic regime in Yugoslavia; and

16 (C) the United States should emphasize to

17 all political leaders in Yugoslavia the impor18 tance of respecting internationally recognized

19 human rights for all individuals residing in

20 Yugoslavia.

21 SEC. 102. ASSISTANCE TO PROMOTE DEMOCRACY AND

22 CIVIL SOCIETY IN YUGOSLAVIA.

23 (a) ASSISTANCE.—

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

25 assistance under this subsection is to promote and
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1 strengthen institutions of democratic government

2 and the growth of an independent civil society in

3 Yugoslavia, including ethnic tolerance and respect

4 for internationally recognized human rights.

5 (2) AUTHORIZATION FOR ASSISTANCE.—To

6 carry out the purpose of paragraph (1), the Presi7 dent is authorized to furnish assistance and other

8 support for the activities described in paragraph (3).

9 (3) ACTIVITIES SUPPORTED.—Activities that

10 may be supported by assistance under paragraph (2)

11 include the following:

12 (A) Democracy building.

13 (B) The development of nongovernmental

14 organizations.

15 (C) The development of independent media

16 working within Serbia if possible, but, if that is

17 not feasible, from locations in neighboring coun18 tries.

19 (D) The development of the rule of law, to

20 include a strong, independent judiciary, the im21 partial administration of justice, and trans22 parency in political practices.

23 (E) International exchanges and advanced

24 professional training programs in skill areas
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1 central to the development of civil society and

2 a market economy.

3 (F) The development of all elements of the

4 democratic process, including political parties

5 and the ability to administer free and fair elec6 tions.

7 (G) The development of local governance.

8 (H) The development of a free-market

9 economy.

10 (4) AUTHORIZATION OF APPROPRIATIONS.—

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

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

13 for the period beginning October 1, 1999, and

14 ending September 30, 2001, to carry out this

15 subsection.

16 (B) AVAILABILITY OF FUNDS.—Amounts

17 appropriated pursuant to subparagraph (A) are

18 authorized to remain available until expended.

19 (b) PROHIBITION ON ASSISTANCE TO GOVERNMENT

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

21 should take all necessary steps to ensure that no funds

22 or other assistance is provided to the Government of Yugo23 slavia or to the Government of Serbia, except for purposes

24 permitted under this Act.
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1 (c) ASSISTANCE TO GOVERNMENT OF MONTE2 NEGRO.—In carrying out subsection (a), the President

3 may provide assistance to the Government of Montenegro,

4 unless the President determines, and so reports to the ap5 propriate congressional committees, that the leadership of

6 the Government of Montenegro is not committed to, or

7 is not taking steps to promote, democratic principles, the

8 rule of law, or respect for internationally recognized

9 human rights.

10 SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROAD11 CASTING.

12 (a) IN GENERAL.—The Broadcasting Board of Gov13 ernors shall further the open communication of informa14 tion and ideas through the increased use of radio and tele15 vision broadcasting to Yugoslavia in both the Serbo-Cro16 atian and Albanian languages.

17 (b) IMPLEMENTATION.—Radio and television broad18 casting under subsection (a) shall be carried out by the

19 Voice of America and, in addition, radio broadcasting

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

21 Incorporated. Subsection (a) shall be carried out in ac22 cordance with all the respective Voice of America and

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

24 and television broadcasting to Yugoslavia serves as a con-
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1 sistently reliable and authoritative source of accurate, ob2 jective, and comprehensive news.

3 (c) STATUTORY CONSTRUCTION.—The implementa4 tion of subsection (a) may not be construed as a replace5 ment for the strengthening of indigenous independent

6 media called for in section 102(a)(3)(C). To the maximum

7 extent practicable, the two efforts (strengthening inde8 pendent media and increasing broadcasts into Serbia)

9 shall be carried out in such a way that they mutually sup10 port each other.

11 TITLE II—ASSISTANCE TO THE

12 VICTIMS OF SERBIAN OP13 PRESSION

14 SEC. 201. FINDINGS.

15 The Congress finds the following:

16 (1) Beginning in February 1998 and ending in

17 June 1999, the armed forces of Yugoslavia and the

18 Serbian Interior Ministry police force engaged in a

19 brutal crackdown against the ethnic Albanian popu20 lation in Kosovo.

21 (2) As a result of the attack by Yugoslav and

22 Serbian forces against the Albanian population of

23 Kosovo, more than 10,000 individuals have been

24 killed and 1,500,000 individuals were displaced from

25 their homes.
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1 (3) The majority of the individuals displaced by

2 the conflict in Kosovo was left homeless or was

3 forced to find temporary shelter in Kosovo or outside

4 the country.

5 (4) The activities of the Yugoslav armed forces

6 and the police force of the Serbian Interior Ministry

7 resulted in the widespread destruction of agricultural

8 crops, livestock, and property, as well as the poi9 soning of wells and water supplies, and the looting

10 of humanitarian goods provided by the international

11 community.

12 SEC. 202. SENSE OF CONGRESS.

13 It is the sense of Congress that—

14 (1) humanitarian assistance to the victims of

15 the conflict in Kosovo, including refugees and inter16 nally displaced persons, and all assistance to rebuild

17 damaged property in Kosovo, should be the responsi18 bility of the Government of Yugoslavia and the Gov19 ernment of Serbia;

20 (2) under the direction of President Milosevic,

21 neither the Government of Yugoslavia nor the Gov22 ernment of Serbia has provided the resources to as23 sist innocent, civilian victims of oppression in

24 Kosovo; and
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1 (3) because neither the Government of Yugo2 slavia nor the Government of Serbia has fulfilled the

3 responsibilities of a sovereign government toward the

4 people in Kosovo, the international community offers

5 the only recourse for humanitarian assistance to vic6 tims of oppression in Kosovo.

7 SEC. 203. ASSISTANCE.

8 (a) AUTHORITY.—The President is authorized to fur9 nish assistance under section 491 of the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2292) and the Migration and

11 Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.),

12 as appropriate, for—

13 (1) relief, rehabilitation, and reconstruction in

14 Kosovo; and

15 (2) refugees and persons displaced by the con16 flict in Kosovo.

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

18 under this section to any group that has been designated

19 as a terrorist organization under section 219 of the Immi20 gration and Nationality Act (8 U.S.C. 1189).

21 (c) USE OF ECONOMIC SUPPORT FUNDS.—Any funds

22 that have been allocated under chapter 4 of part II of the

23 Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.)

24 for assistance described in subsection (a) may be used in

25 accordance with the authority of that subsection.
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1 TITLE III—‘‘OUTER WALL’’

2 SANCTIONS

3 SEC. 301. ‘‘OUTER WALL’’ SANCTIONS.

4 (a) APPLICATION OF MEASURES.—The sanctions de5 scribed in subsections (c) through (g) shall apply with re6 spect to Yugoslavia until the President determines and

7 certifies to the appropriate congressional committees that

8 the Government of Yugoslavia has made significant

9 progress in meeting the conditions described in subsection

10 (b).

11 (b) CONDITIONS.—The conditions referred to in sub12 section (a) are the following:

13 (1) Agreement on a lasting settlement in

14 Kosovo.

15 (2) Compliance with the General Framework

16 Agreement for Peace in Bosnia and Herzegovina.

17 (3) Implementation of internal democratic re18 form.

19 (4) Settlement of all succession issues with the

20 other republics that emerged from the break-up of

21 the Socialist Federal Republic of Yugoslavia.

22 (5) Cooperation with the International Criminal

23 Tribunal for the former Yugoslavia, including the

24 transfer of all indicted war criminals in Yugoslavia

25 to the Hague.
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1 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—

2 The Secretary of the Treasury shall instruct the United

3 States executive directors of the international financial in4 stitutions to oppose, and vote against, any extension by

5 those institutions of any financial assistance (including

6 any technical assistance or grant) of any kind to the Gov7 ernment of Yugoslavia.

8 (d) ORGANIZATION FOR SECURITY AND COOPERA9 TION IN EUROPE.—The Secretary of State should instruct

10 the United States Ambassador to the Organization for Se11 curity and Cooperation in Europe (OSCE) to oppose and

12 block any consensus to allow the participation of Yugo13 slavia in the OSCE or any organization affiliated with the

14 OSCE.

15 (e) UNITED NATIONS.—The Secretary of State

16 should instruct the United States Permanent Representa17 tive to the United Nations—

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

19 the United Nations Security Council to admit Yugo20 slavia to the United Nations or any organization af21 filiated with the United Nations; and

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

23 any proposal to allow Yugoslavia to assume the

24 membership of the former Socialist Federal Republic

25 of Yugoslavia in the United Nations General Assem-
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1 bly or any other organization affiliated with the

2 United Nations.

3 (f) NATO.—The Secretary of State should instruct

4 the United States Permanent Representative to the North

5 Atlantic Council to oppose and vote against the extension

6 to Yugoslavia of membership or participation in the Part7 nership for Peace program or any other organization affili8 ated with NATO.

9 (g) SOUTHEAST EUROPEAN COOPERATION INITIA10 TIVE.—The Secretary of State should instruct the United

11 States Representatives to the Southeast European Co12 operation Initiative (SECI) to actively oppose the partici13 pation of Yugoslavia in SECI.

14 (h) SENSE OF CONGRESS.—It is the sense of Con15 gress that—

16 (1) the President should not restore full diplo17 matic relations with Yugoslavia until the President

18 has determined and so reported to the appropriate

19 congressional committees that the Government of

20 Yugoslavia has met the conditions described in sub21 section (b); and

22 (2) the President should encourage all other

23 European countries to diminish their level of diplo24 matic relations with Yugoslavia.
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1 (i) INTERNATIONAL FINANCIAL INSTITUTION DE2 FINED.—In this section, the term ‘‘international financial

3 institution’’ includes the International Monetary Fund,

4 the International Bank for Reconstruction and Develop5 ment, the International Development Association, the

6 International Finance Corporation, the Multilateral In7 vestment Guaranty Agency, and the European Bank for

8 Reconstruction and Development.

9 SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT

10 IN COMPLIANCE WITH ‘‘OUTER WALL’’ SANC11 TIONS.

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

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

14 a loan or other financial assistance to the Government of

15 Yugoslavia over opposition of the United States, then the

16 Secretary of the Treasury should withhold from payment

17 of the United States share of any increase in the paid18 in capital of such institution an amount equal to the

19 amount of the loan or other assistance.

20 TITLE IV—OTHER MEASURES

21 AGAINST YUGOSLAVIA

22 SEC. 401. BLOCKING YUGOSLAVIA ASSETS IN THE UNITED

23 STATES.

24 (a) BLOCKING OF ASSETS.—All property and inter25 ests in property, including all commercial, industrial, or
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1 public utility undertakings or entities, of or in the name

2 of the Government of Serbia or the Government of Yugo3 slavia that are in the United States, that hereafter come

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

5 within the possession or control of United States persons,

6 including their overseas branches, are hereby blocked.

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

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

9 shall take such actions, including the promulgation of reg10 ulations, orders, directives, rulings, instructions, and li11 censes, and employ all powers granted to the President

12 by the International Emergency Economic Powers Act, as

13 may be necessary to carry out the purpose of this section,

14 including taking such steps as may be necessary to con15 tinue in effect the measures contained in Executive Order

16 No. 13088 of June 9, 1998, and Executive Order No.

17 13121 of May 1, 1999, and any rule, regulation, license,

18 or order issued thereunder.

19 (c) PROHIBITED TRANSFERS.—Transfers prohibited

20 under subsection (b) shall include payments or transfers

21 of any property or any transactions involving the transfer

22 of anything of economic value by any United States person

23 to the Government of Serbia, the Government of Yugo24 slavia, or any person or entity acting for or on behalf of,
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1 or owned or controlled, directly or indirectly, by any of

2 those governments, persons, or entities.

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

4 to the blocking and maintenance of property blocked under

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

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

7 blocked funds.

8 (e) PROHIBITIONS.—The following shall be prohib9 ited as of the date of enactment of this Act:

10 (1) Any transaction within the United States or

11 by a United States person relating to any vessel in

12 which a majority or controlling interest is held by a

13 person or entity in, or operating from, Serbia re14 gardless of the flag under which the vessel sails.

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

16 operated from Serbia or owned and controlled by the

17 Government of Serbia or the Government of Yugo18 slavia, directly or indirectly, of any goods, tech19 nology, or services, either—

20 (A) from the United States;

21 (B) requiring the issuance of a license by

22 a Federal agency; or

23 (C) involving the use of United States reg24 istered vessels or aircraft, or any activity that
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1 promotes or is intended to promote such expor2 tation.

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

4 (A) property originating in Serbia or ex5 ported from Serbia;

6 (B) property intended for exportation from

7 Serbia to any country or exportation to Serbia

8 from any country; or

9 (C) any activity of any kind that promotes

10 or is intended to promote such dealing.

11 (4) The performance by any United States per12 son of any contract, including a financing contract,

13 in support of an industrial, commercial, public util14 ity, or governmental project in Serbia.

15 (f) EXCEPTIONS.—Nothing in this section shall apply

16 to—

17 (1) the transshipment through Serbia of com18 modities and products originating outside Yugoslavia

19 and temporarily present in the territory of Yugo20 slavia only for the purpose of such transshipment;

21 (2) assistance provided under section 102 or

22 section 203 of this Act; or

23 (3) those materials described in section

24 203(b)(3) of the International Emergency Economic

25 Powers Act relating to informational materials.
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1 SEC. 402. SUSPENSION OF ENTRY INTO THE UNITED

2 STATES.

3 (a) PROHIBITION.—The President shall use his au4 thority under section 212(f) of the Immigration and Na5 tionality Act (8 U.S.C. 1182(f)) to suspend the entry into

6 the United States of any alien who—

7 (1) holds a position in the senior leadership of

8 the Government of Yugoslavia or the Government of

9 Serbia; or

10 (2) is a spouse, minor child, or agent of a per11 son inadmissible under paragraph (1).

12 (b) SENIOR LEADERSHIP DEFINED.—In subsection

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

14 (1) includes—

15 (A) the President, Prime Minister, Deputy

16 Prime Ministers, and government ministers of

17 Yugoslavia;

18 (B) the Governor of the National Bank of

19 Yugoslavia; and

20 (C) the President, Prime Minister, Deputy

21 Prime Ministers, and government ministers of

22 the Republic of Serbia; and

23 (2) does not include the President, Prime Min24 ister, Deputy Prime Ministers, and government min25 isters of the Republic of Montenegro.
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1 SEC. 403. PROHIBITION ON STRATEGIC EXPORTS TO YUGO2 SLAVIA.

3 (a) PROHIBITION.—No computers, computer soft4 ware, or goods or technology intended to manufacture or

5 service computers may be exported to or for use by the

6 Government of Yugoslavia or by the Government of Ser7 bia, or by any of the following entities of either govern8 ment:

9 (1) The military.

10 (2) The police.

11 (3) The prison system.

12 (4) The national security agencies.

13 (b) STATUTORY CONSTRUCTION.—Nothing in this

14 section prevents the issuance of licenses to ensure the safe15 ty of civil aviation and safe operation of United States16 origin commercial passenger aircraft and to ensure the

17 safety of ocean-going maritime traffic in international wa18 ters.

19 SEC. 404. PROHIBITION ON LOANS AND INVESTMENT.

20 (a) UNITED STATES GOVERNMENT FINANCING.—No

21 loan, credit guarantee, insurance, financing, or other simi22 lar financial assistance may be extended by any agency

23 of the United States Government (including the Export24 Import Bank and the Overseas Private Investment Cor25 poration) to the Government of Yugoslavia or the Govern26 ment of Serbia.
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1 (b) TRADE AND DEVELOPMENT AGENCY.—No funds

2 made available by law may be available for activities of

3 the Trade and Development Agency in or for Serbia.

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

5 State is urged to encourage all other countries, particu6 larly European countries, to suspend any of their own pro7 grams providing support similar to that described in sub8 section (a) or (b) to the Government of Yugoslavia or the

9 Government of Serbia, including by rescheduling repay10 ment of the indebtedness of either government under more

11 favorable conditions.

12 (d) PROHIBITION ON PRIVATE CREDITS.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), no national of the United States may

15 make or approve any loan or other extension of cred16 it, directly or indirectly, to the Government of Yugo17 slavia or to the Government of Serbia or to any cor18 poration, partnership, or other organization that is

19 owned or controlled by either the Government of

20 Yugoslavia or the Government of Serbia.

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

22 apply to a loan or extension of credit for any hous23 ing, education, or humanitarian benefit to assist the

24 victims of repression in Kosovo.
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1 SEC. 405. PROHIBITION OF MILITARY-TO-MILITARY

2 COOPERATION.

3 The United States Government (including any agency

4 or entity of the United States) shall not provide assistance

5 under the Foreign Assistance Act of 1961 or the Arms

6 Export Control Act (including the provision of Foreign

7 Military Financing under section 23 of the Arms Export

8 Control Act or international military education and train9 ing under chapter 5 of part II of the Foreign Assistance

10 Act of 1961) or provide any defense articles or defense

11 services under those Acts, to the armed forces of the Gov12 ernment of Yugoslavia or of the Government of Serbia.

13 SEC. 406. MULTILATERAL SANCTIONS.

14 It is the sense of Congress that the President should

15 continue to seek to coordinate with other countries, par16 ticularly European countries, a comprehensive, multilat17 eral strategy to further the purposes of this Act, including,

18 as appropriate, encouraging other countries to take meas19 ures similar to those described in this title.

20 SEC. 407. EXEMPTIONS.

21 (a) EXEMPTION FOR KOSOVO.—None of the restric22 tions imposed by this Act shall apply with respect to

23 Kosovo, including with respect to governmental entities or

24 administering authorities or the people of Kosovo.

25 (b) EXEMPTION FOR MONTENEGRO.—None of the re26 strictions imposed by this Act shall apply with respect to
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1 Montenegro, including with respect to governmental enti2 ties of Montenegro, unless the President determines and

3 so certifies to the appropriate congressional committees

4 that the leadership of the Government of Montenegro is

5 not committed to, or is not taking steps to promote, demo6 cratic principles, the rule of law, or respect for internation7 ally recognized human rights.

8 SEC. 408. WAIVER; TERMINATION OF MEASURES AGAINST

9 YUGOSLAVIA.

10 (a) GENERAL WAIVER AUTHORITY.—Except as pro11 vided in subsection (b), the requirement to impose any

12 measure under this Act may be waived for successive peri13 ods not to exceed 12 months each, and the President may

14 provide assistance in furtherance of this Act notwith15 standing any other provision of law, if the President deter16 mines and so certifies to the appropriate congressional

17 committees in writing 15 days in advance of the implemen18 tation of any such waiver that—

19 (1) it is important to the national interest of

20 the United States; or

21 (2) significant progress has been made in Yugo22 slavia in establishing a government based on demo23 cratic principles and the rule of law, and that re24 spects internationally recognized human rights.
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1 (b) EXCEPTION.—The President may implement the

2 waiver under subsection (a) for successive periods not to

3 exceed 3 months each without the 15 day advance notifica4 tion under that subsection —

5 (1) if the President determines that exceptional

6 circumstances require the implementation of such

7 waiver; and

8 (2) the President immediately notifies the ap9 propriate congressional committees of his determina10 tion.

11 (c) TERMINATION OF RESTRICTIONS.—The restric12 tions imposed by this Act shall be terminated if the Presi13 dent determines and so certifies to the appropriate con14 gressional committees that the Government of Yugoslavia

15 is a government that is committed to democratic principles

16 and the rule of law, and that respects internationally rec17 ognized human rights.

18 SEC. 409. STATUTORY CONSTRUCTION.

19 (a) IN GENERAL.—None of the restrictions or prohi20 bitions contained in this Act shall be construed to limit

21 humanitarian assistance (including the provision of food

22 and medicine), or the commercial export of agricultural

23 commodities or medicine and medical equipment, to Yugo24 slavia.
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1 (b) SPECIAL RULE.—Nothing in subsection (a) shall

2 be construed to permit the export of an agricultural com3 modity or medicine that could contribute to the develop4 ment of a chemical or biological weapon.

5 TITLE V—MISCELLANEOUS

6 PROVISIONS

7 SEC. 501. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR

8 THE FORMER YUGOSLAVIA.

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

10 (1) United Nations Security Council Resolution

11 827, which was adopted May 25, 1993, established

12 the International Criminal Tribunal for the former

13 Yugoslavia to prosecute persons responsible for seri14 ous violations of international humanitarian law

15 committed in the territory of the former Yugoslavia

16 since January 1, 1991.

17 (2) United Nations Security Council Resolution

18 827 requires full cooperation by all countries with

19 the Tribunal, including the obligation of countries to

20 comply with requests of the Tribunal for assistance

21 or orders.

22 (3) The Government of Yugoslavia has dis23 regarded its international obligations with regard to

24 the Tribunal, including its obligation to transfer or

25 facilitate the transfer to the Tribunal of any person
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1 on the territory of Yugoslavia who has been indicted

2 for war crimes or other crimes against humanity

3 under the jurisdiction of the Tribunal.

4 (4) The Government of Yugoslavia publicly re5 jected the Tribunal’s jurisdiction over events in

6 Kosovo and has impeded the investigation of rep7 resentatives from the Tribunal, including denying

8 those representatives visas for entry into Yugoslavia,

9 in their efforts to gather information about alleged

10 crimes against humanity in Kosovo under the juris11 diction of the Tribunal.

12 (5) The Tribunal has indicted President

13 Slobodan Milosevic for—

14 (A) crimes against humanity, specifically

15 murder, deportations, and persecutions; and

16 (B) violations of the laws and customs of

17 war.

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

19 States to support fully and completely the investigation

20 of President Slobodan Milosevic by the International

21 Criminal Tribunal for the former Yugoslavia for genocide,

22 crimes against humanity, war crimes, and grave breaches

23 of the Geneva Convention.

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

25 sense of Congress that the United States Government
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1 should gather all information that the intelligence commu2 nity (as defined in section 3(4) of the National Security

3 Act of 1947 (50 U.S.C. 401a(4)) collects or has collected

4 to support an investigation of President Slobodan

5 Milosevic for genocide, crimes against humanity, war

6 crimes, and grave breaches of the Geneva Convention by

7 the International Criminal Tribunal for the former Yugo8 slavia (ICTY) and that the Department of State should

9 provide all appropriate information to the Office of the

10 Prosecutor of the ICTY under procedures established by

11 the Director of Central Intelligence that are necessary to

12 ensure adequate protection of intelligence sources and

13 methods.

14 (d) REPORT TO CONGRESS.—Not less than 180 days

15 after the date of enactment of this Act, and every 180

16 days thereafter, the President shall submit a report, in

17 classified form if necessary, to the appropriate congres18 sional committees that describes the information that was

19 provided by the Department of State to the Office of the

20 Prosecutor of the International Criminal Tribunal for the

21 former Yugoslavia for the purposes of subsection (c).

22 SEC. 502. SENSE OF CONGRESS WITH RESPECT TO ETHNIC

23 HUNGARIANS OF VOJVODINA.

24 (a) FINDINGS.—Congress finds that—
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1 (1) approximately 350,000 ethnic Hungarians

2 reside in the province of Vojvodina, part of Serbia,

3 in traditional settlements in existence for centuries;

4 (2) this community has taken no side in any of

5 the Balkan conflicts since 1990, but has maintained

6 a consistent position of nonviolence, while seeking to

7 protect its existence through the meager opportuni8 ties afforded under the existing political system;

9 (3) the Serbian leadership deprived Vojvodina

10 of its autonomous status at the same time as it did

11 the same to the province of Kosovo;

12 (4) this population is subject to continuous har13 assment, intimidation, and threatening suggestions

14 that they leave the land of their ancestors; and

15 (5) during the past 10 years this form of ethnic

16 cleansing has already driven 50,000 ethnic Hungar17 ians out of the province of Vojvodina.

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that the President should—

20 (1) condemn harassment, threats, and intimida21 tion against any ethnic group in Yugoslavia as the

22 usual precursor of violent ethnic cleansing;

23 (2) express deep concern over the reports on re24 cent threats, intimidation, and even violent incidents
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1 against the ethnic Hungarian inhabitants of the

2 province of Vojvodina;

3 (3) call on the Secretary of State to regularly

4 monitor the situation of the Hungarian ethnic group

5 in Vojvodina; and

6 (4) call on the NATO allies of the United

7 States, during any negotiation on the future status

8 of Kosovo, also to pay substantial attention to estab9 lishing satisfactory guarantees for the rights of the

10 ethnic Hungarian community of Vojvodina, and of

11 other ethnic minorities in the province, including

12 consulting with elected leaders about their proposal

13 for self-administration.

14 SEC. 503. OWNERSHIP AND USE OF DIPLOMATIC AND CON15 SULAR PROPERTIES.

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

17 (1) The international judicial system, as cur18 rently structured, lacks fully effective remedies for

19 the wrongful confiscation of property and for unjust

20 enrichment from the use of wrongfully confiscated

21 property by governments and private entities at the

22 expense of the rightful owners of the property.

23 (2) Since the dissolution of the Socialist Fed24 eral Republic of Yugoslavia, the Government of

25 Yugoslavia has exclusively used, and benefited from
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1 the use of, properties located in the United States

2 that were owned by the Socialist Federal Republic of

3 Yugoslavia.

4 (3) The Governments of Bosnia and

5 Herzegovina, Croatia, the Former Yugoslav Republic

6 of Macedonia, and Slovenia have been blocked by the

7 Government of Yugoslavia from using, or benefiting

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

9 States that was previously owned by the Socialist

10 Federal Republic of Yugoslavia.

11 (4) The continued occupation and use by offi12 cials of Yugoslavia of that property without prompt,

13 adequate, and effective compensation under the ap14 plicable principles of international law to the Gov15 ernments of Bosnia and Herzegovina, Croatia, the

16 Former Yugoslav Republic of Macedonia, and Slo17 venia are unjust and unreasonable.

18 (b) POLICY ON NEGOTIATIONS REGARDING PROP19 ERTIES.—It is the policy of the United States to insist

20 that the Government of Yugoslavia has a responsibility to,

21 and should, actively and cooperatively engage in good faith

22 negotiations with the Governments of Bosnia and

23 Herzegovina, Croatia, the Former Yugoslav Republic of

24 Macedonia, and Slovenia for resolution of the outstanding

25 property issues resulting from the dissolution of the So-
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1 cialist Federal Republic of Yugoslavia, including the dis2 position of the following properties located in the United

3 States:

4 (1) 2222 Decatur Street, NW, Washington,

5 DC.

6 (2) 2410 California Street, NW, Washington,

7 DC.

8 (3) 1907 Quincy Street, NW, Washington, DC.

9 (4) 3600 Edmonds Street, NW, Washington,

10 DC.

11 (5) 2221 R Street, NW, Washington, DC.

12 (6) 854 Fifth Avenue, New York, NY.

13 (7) 730 Park Avenue, New York, NY.

14 (c) SENSE OF CONGRESS ON RETURN OF PROP15 ERTIES.—It is the sense of Congress that, if the Govern16 ment of Yugoslavia refuses to engage in good faith nego17 tiations on the status of the properties listed in subsection

18 (b), the President should take steps to ensure that the

19 interests of the Governments of Bosnia and Herzegovina,

20 Croatia, the Former Yugoslav Republic of Macedonia, and

21 Slovenia are protected in accordance with international

22 law.

23 SEC. 504. TRANSITION ASSISTANCE.

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that once the regime of President Slobodan Milosevic
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1 has been replaced by a government that is committed to

2 democratic principles and the rule of law, and that re3 spects internationally recognized human rights, the Presi4 dent of the United States should support the transition

5 to democracy in Yugoslavia by providing immediate and

6 substantial assistance, including facilitating its integration

7 into international organizations.

8 (b) AUTHORIZATION OF ASSISTANCE.—The Presi9 dent is authorized to furnish assistance to Yugoslavia if

10 he determines, and so certifies to the appropriate congres11 sional committees that the Government of Yugoslavia is

12 committed to democratic principles and the rule of law and

13 respects internationally recognized human rights.

14 (c) REPORT TO CONGRESS.—

15 (1) DEVELOPMENT OF PLAN.—The President

16 shall develop a plan for providing assistance to

17 Yugoslavia in accordance with this section. Such as18 sistance would be provided at such time as the

19 President determines that the Government of Yugo20 slavia is committed to democratic principles and the

21 rule of law and respects internationally recognized

22 human rights.

23 (2) STRATEGY.—The plan developed under

24 paragraph (1) shall include a strategy for distrib25 uting assistance to Yugoslavia under the plan.
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1 (3) DIPLOMATIC EFFORTS.—The President

2 shall take the necessary steps—

3 (A) to seek to obtain the agreement of

4 other countries and international financial insti5 tutions and other multilateral organizations to

6 provide assistance to Yugoslavia after the Presi7 dent determines that the Government of Yugo8 slavia is committed to democratic principles, the

9 rule of law, and that respects internationally

10 recognized human rights; and

11 (B) to work with such countries, institu12 tions, and organizations to coordinate all such

13 assistance programs.

14 (4) COMMUNICATION OF PLAN.—The President

15 shall take the necessary steps to communicate to the

16 people of Yugoslavia the plan for assistance devel17 oped under this section.

18 (5) REPORT.—Not later than 120 days after

19 the date of enactment of this Act, the President

20 shall transmit to the appropriate congressional com-
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1 mittees a report describing in detail the plan re2 quired 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 therule of law, and that respects internationally recognized human rights, to assist the victims ofSerbian oppression, to apply measures againstthe Federal Republic of Yugoslavia, and for otherpurposes.