Calendar No. 256

106TH CONGRESS

1ST SESSION S. 720

[Report No. 106–139]

A BILL

To promote the development of a government in the

purposes.the Federal Republic of Yugoslavia, and for otherSerbian oppression, to apply measures againstognized human rights, to assist the victims ofrule of law, and that respects internationally rectenegro) based on democratic principles and theFederal Republic of Yugoslavia (Serbia and MonAUGUST 5, 1999

Reported with an amendment
II

Calendar No. 256

106TH CONGRESS

1ST SESSION S. 720

[Report No. 106–139]

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, Mr. HAGEL, Mr. SMITH of Oregon,

Mr. LUGAR, Mr. LIEBERMAN, Mr. LAUTENBERG, Mr. DEWINE, Mr.

MCCAIN, Mr. HATCH, Mr. VOINOVICH, and Mr. COVERDELL) introduced

the following bill; which was read twice and referred to the Committee

on Foreign Relations

AUGUST 5, 1999

Reported by Mr. HELMS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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
2

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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’’.

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

7 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.
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1 SEC. 2. DEFINITION.

2 In this Act, except as otherwise provided in sections

3 303(g) and 401, the term ‘‘Yugoslavia’’ means the so4 called Federal Republic of Yugoslavia (Serbia and Monte5 negro).

6 TITLE I—SUPPORT FOR THE

7 DEMOCRATIC OPPOSITION

8 SEC. 101. FINDINGS AND POLICY.

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

10 (1) The President of Yugoslavia, Slobodan

11 Milosevic, has consistently engaged in undemocratic

12 methods of governing.

13 (2) Yugoslavia has passed and implemented a

14 law strictly limiting freedom of the press and has

15 acted to intimidate and prevent independent media

16 from operating inside Yugoslavia.

17 (3) Although the Yugoslav and Serbian con18 stitutions provide for the right of citizens to change

19 their government, citizens of Serbia in practice are

20 prevented from exercising that right by the Milosevic

21 regime’s domination of the mass media and manipu22 lation of the electoral process.

23 (4) The Yugoslav government has orchestrated

24 attacks on academics at institutes and universities

25 throughout the country in an effort to prevent the
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1 dissemination of opinions that differ from official

2 state propaganda.

3 (5) The Yugoslav government prevents the for4 mation of nonviolent, democratic opposition through

5 restrictions on freedom of assembly and association.

6 (6) The Yugoslav government uses control and

7 intimidation to control the judiciary and manipulates

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

9 immediate political interests.

10 (7) The Government of Serbia, under the direc11 tion of President Milosevic, has obstructed the ef12 forts of the Government of Montenegro to pursue

13 democratic and free-market policies.

14 (8) 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.—The

6 President is authorized to furnish assistance and

7 other support for individuals and independent non8 governmental organizations to carry out the purpose

9 of paragraph (1) through support for the activities

10 described in paragraph (3).

11 (3) ACTIVITIES SUPPORTED.—Activities that

12 may be supported by assistance under paragraph (2)

13 include the following:

14 (A) Democracy building.

15 (B) The development of nongovernmental

16 organizations.

17 (C) The development of independent

18 media.

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

20 strong, independent judiciary, and transparency

21 in political practices.

22 (E) International exchanges and advanced

23 professional training programs in skill areas

24 central to the development of civil society and

25 a market economy.
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1 (F) The development of all elements of the

2 democratic process, including political parties

3 and the ability to administer free and fair elec4 tions.

5 (G) The development of local governance.

6 (H) The development of a free-market

7 economy.

8 (4) AUTHORIZATION OF APPROPRIATIONS.—

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

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

11 for the period beginning October 1, 1999, and

12 ending September 30, 2001, to carry out this

13 subsection.

14 (B) AVAILABILITY OF FUNDS.—Amounts

15 appropriated pursuant to subparagraph (A) are

16 authorized to remain available until expended.

17 (b) PROHIBITION ON ASSISTANCE TO GOVERNMENT

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

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

20 other assistance is provided to the Government of Yugo21 slavia or to the Government of Serbia.

22 (c) RESTRICTION ON ASSISTANCE TO GOVERNMENT

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

24 President is authorized to provide assistance to the Gov25 ernment of Montenegro, if the President determines, and
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1 so reports to the Speaker of the House of Representatives

2 and the Committee on Foreign Relations of the Senate,

3 that the Government of Montenegro is committed to, and

4 is taking steps to promote, democratic principles, the rule

5 of law, and respect for internationally recognized human

6 rights.

7 SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROAD8 CASTING.

9 (a) IN GENERAL.—The Broadcasting Board of Gov10 ernors shall further the open communication of informa11 tion and ideas through the increased use of radio and tele12 vision broadcasting to Yugoslavia in both the Serbo-Cro13 atian and Albanian languages.

14 (b) IMPLEMENTATION.—Radio and television broad15 casting under subsection (a) shall be carried out by the

16 Voice of America and, in addition, radio broadcasting

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

18 Incorporated. Subsection (a) shall be carried out in ac19 cordance with all the respective Voice of America and

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

21 and television broadcasting to Yugoslavia serves as a con22 sistently reliable and authoritative source of accurate, ob23 jective, and comprehensive news.
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1 TITLE II—ASSISTANCE TO THE

2 VICTIMS OF SERBIAN OP3 PRESSION

4 SEC. 201. FINDINGS.

5 The Congress finds the following:

6 (1) Since February 1998, the armed forces of

7 Yugoslavia and the Serbian Interior Ministry police

8 force have engaged in a brutal crackdown against

9 the ethnic Albanian population in Kosovo.

10 (2) Since the initial assault by Yugoslav and

11 Serbian forces in Kosovo, more than 2,000 individ12 uals have been killed and 600,000 individuals have

13 been displaced from their homes.

14 (3) The majority of the individuals displaced by

15 the conflict in Kosovo have been unable to return to

16 their homes and have been forced to find temporary

17 shelter in Kosovo or outside the country.

18 (4) The activities of the Yugoslav armed forces

19 and the police force of the Serbian Interior Ministry

20 have resulted in the widespread destruction of agri21 cultural crops, livestock, and property, as well as the

22 poisoning of wells and water supplies, and the

23 looting of humanitarian goods provided by the inter24 national community.
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1 (5) Since February 1998, 20,000 homes in

2 Kosovo have been demolished and more than 500

3 villages have been partially or completely destroyed.

4 SEC. 202. SENSE OF CONGRESS.

5 It is the sense of Congress that—

6 (1) humanitarian assistance to the victims of

7 the conflict in Kosovo, including refugees and inter8 nally displaced persons, and all assistance to rebuild

9 damaged property in Kosovo, should be the responsi10 bility of the Government of Yugoslavia and the Gov11 ernment of Serbia;

12 (2) under the direction of President Milosevic,

13 neither the Government of Yugoslavia nor the Gov14 ernment of Serbia has provided the resources to as15 sist innocent, civilian victims of oppression in

16 Kosovo; and

17 (3) because neither the Government of Yugo18 slavia nor the Government of Serbia has fulfilled the

19 responsibilities of a sovereign government toward the

20 people in Kosovo, the international community offers

21 the only recourse for humanitarian assistance to vic22 tims of oppression in Kosovo.

23 SEC. 203. ASSISTANCE.

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

25 of the Foreign Assistance Act of 1961—
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1 (1) to provide humanitarian assistance to indi2 viduals living in Kosovo, and refugees and individ3 uals displaced by the conflict in Kosovo currently re4 siding in Montenegro, Albania, Bosnia and

5 Herzegovina, and the former Yugoslav Republic of

6 Macedonia;

7 (2) for direct legal and other assistance to indi8 viduals and their families from Kosovo who have

9 been victims of atrocities in that province; and

10 (3) to support Kosovar community organiza11 tions in their effort to build civil society in Kosovo.

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

13 under this Act to any group that maintains within its

14 ranks any individual whom the President has determined

15 to have committed terrorist acts or any other gross viola16 tions of internationally recognized human rights.

17 TITLE III—MEASURES AGAINST

18 YUGOSLAVIA

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

20 (a) APPLICATION OF MEASURES.—The sanctions de21 scribed in subsections (c) through (g) shall apply with re22 spect to Yugoslavia until the President determines and

23 certifies to the Speaker of the House of Representatives

24 and the Committee on Foreign Relations of the Senate
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1 that the Government of Yugoslavia has met the conditions

2 described in subsection (b).

3 (b) CONDITIONS.—The conditions referred to in sub4 section (a) are the following:

5 (1) Agreement to resolve peacefully the conflict

6 in Kosovo.

7 (2) Compliance with the General Framework

8 Agreement for Peace in Bosnia and Herzegovina.

9 (3) Implementation of internal democratic re10 form.

11 (4) Settlement of all succession issues with the

12 other republics that emerged from the break-up of

13 the Socialist Federal Republic of Yugoslavia.

14 (5) Cooperation with the International Criminal

15 Tribunal for the former Yugoslavia, including the

16 transfer of all indicted war criminals in Yugoslavia

17 to the Hague.

18 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—

19 The Secretary of the Treasury shall instruct the United

20 States executive directors of the international financial in21 stitutions to oppose, and vote against, any extension by

22 those institutions of any financial assistance (including

23 any technical assistance or grant) of any kind to the Gov24 ernment of Yugoslavia.
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1 (d) ORGANIZATION FOR SECURITY AND COOPERA2 TION IN EUROPE.—The Secretary of State shall instruct

3 the United States Ambassador to the Organization for Se4 curity and Cooperation in Europe (OSCE) to oppose and

5 block any consensus to allow the participation of Yugo6 slavia in the OSCE or any organization affiliated with the

7 OSCE.

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

9 instruct the United States Permanent Representative to

10 the United Nations—

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

12 the United Nations Security Council to admit Yugo13 slavia to the United Nations or any organization af14 filiated with the United Nations; and

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

16 any proposal to allow Yugoslavia to assume the

17 membership of the former Socialist Federal Republic

18 of Yugoslavia in the United Nations General Assem19 bly or any other organization affiliated with the

20 United Nations.

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

22 United States Permanent Representative to the North At23 lantic Council to oppose and vote against the extension

24 to Yugoslavia of membership or participation in the Part-
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1 nership for Peace program or any other organization affili2 ated with NATO.

3 (g) SOUTHEAST EUROPEAN COOPERATIVE INITIA4 TIVE.—The Secretary of State shall instruct the United

5 States Representatives to the Southeast European Cooper6 ative Initiative (SECI) to actively oppose the extension of

7 SECI membership to Yugoslavia.

8 (h) SENSE OF CONGRESS.—It is the sense of Con9 gress that—

10 (1) the President should not restore full diplo11 matic relations with Yugoslavia until the President

12 has determined and so reported to the Speaker of

13 the House of Representatives and the Committee on

14 Foreign Relations of the Senate that the Govern15 ment of Yugoslavia has met the conditions described

16 in subsection (b); and

17 (2) the President should encourage all other

18 European countries to diminish their level of diplo19 matic relations with Yugoslavia.

20 (i) INTERNATIONAL FINANCIAL INSTITUTION DE21 FINED.—In this section, the term ‘‘international financial

22 institution’’ includes the International Monetary Fund,

23 the International Bank for Reconstruction and Develop24 ment, the International Development Association, the

25 International Finance Corporation, the Multilateral In-
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1 vestment Guaranty Agency, and the European Bank for

2 Reconstruction and Development.

3 SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT

4 IN COMPLIANCE WITH ‘‘OUTER WALL’’ SANC5 TIONS.

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

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

8 a loan or other financial assistance to the Government of

9 Yugoslavia over opposition of the United States, then the

10 Secretary of the Treasury should withhold from payment

11 of the United States share of any increase in the paid12 in capital of such institution an amount equal to the

13 amount of the loan or other assistance.

14 SEC. 303. BLOCKING YUGOSLAVIA ASSETS IN THE UNITED

15 STATES.

16 (a) BLOCKING OF ASSETS.—All property and inter17 ests in property, including all commercial, industrial, or

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

19 of the Government of Serbia and the Government of Yugo20 slavia that are in the United States, that hereafter come

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

22 within the possession or control of United States persons,

23 including their overseas branches, are hereby blocked.

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

25 the Treasury, in consultation with the Secretary of State,
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1 shall take such actions, including the promulgation of

2 rules and regulations, and employ all powers granted to

3 the President by the International Emergency Economic

4 Powers Act as may be necessary to carry out the purpose

5 of this section. Such actions shall include prohibiting pay6 ments or transfers of any property or any transactions in7 volving the transfer of anything of economic value by any

8 United States person to the Government of Serbia, the

9 Government of Yugoslavia, or any person or entity acting

10 for or on behalf of, or owned or controlled, directly or indi11 rectly, by any of those governments, persons, or entities.

12 (c) SUSPENSION OR TERMINATION OF LICENSES.—

13 The Secretary of the Treasury, in consultation with the

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

15 terminate licenses or other authorizations in effect with

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

17 the date of enactment of this Act.

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

19 to the blocking and maintenance of property blocked under

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

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

22 blocked funds.

23 (e) PROHIBITIONS.—The following shall be prohib24 ited as of the date of enactment of this Act:
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1 (1) Any transaction within the United States or

2 by a United States person relating to any vessel in

3 which a majority or controlling interest is held by a

4 person or entity in, or operating from, Serbia re5 gardless of the flag under which the vessel sails.

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

7 operated from Serbia or owned and controlled by the

8 Government of Serbia or the Government of Yugo9 slavia, directly or indirectly, of any goods, tech10 nology, or services, either—

11 (A) from the United States;

12 (B) requiring the issuance of a license by

13 a Federal agency; or

14 (C) involving the use of United States reg15 istered vessels or aircraft, or any activity that

16 promotes or is intended to promote such expor17 tation.

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

19 (A) property originating in Serbia or ex20 ported from Serbia;

21 (B) property intended for exportation from

22 Serbia to any country or exportation to Serbia

23 from any country; or

24 (C) any activity of any kind that promotes

25 or is intended to promote such dealing.
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1 (4) The granting of permission to any aircraft

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

3 States, if the aircraft, as part of the same flight or

4 as a continuation of that flight, is destined to land

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

6 (5) The performance by any United States per7 son of any contract, including a financing contract,

8 in support of an industrial, commercial, public util9 ity, or governmental project in Serbia.

10 (f) EXCLUSION OF TRANSSHIPMENTS.—Nothing in

11 this section shall apply to the transshipment through Ser12 bia of commodities and products originating outside Yugo13 slavia and temporarily present in the territory of Yugo14 slavia only for the purpose of such transshipment.

15 (g) DEFINITIONS.—In this section, the terms ‘‘Gov16 ernment of Serbia’’ and ‘‘Government of Yugoslavia’’ in17 clude the governments of Serbia and Yugoslavia, including

18 any subdivisions thereof or local governments therein,

19 their respective agencies, instrumentalities and controlled

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

21 or on behalf of any of the foregoing.
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1 SEC. 304. PROHIBITION ON ISSUANCE OF VISAS AND ADMIS2 SION TO THE UNITED STATES.

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

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

5 the United States, any alien who—

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

7 the Government of Yugoslavia or the Government of

8 Serbia; or

9 (2) is a spouse, minor child, or agent of a per10 son inadmissible under paragraph (1).

11 (b) SENIOR LEADERSHIP DEFINED.—In subsection

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

13 (1) includes—

14 (A) the President, Prime Minister, Deputy

15 Prime Ministers, and government ministers of

16 Yugoslavia;

17 (B) the Governor of the National Bank of

18 Yugoslavia; and

19 (C) the President, Prime Minister, Deputy

20 Prime Ministers, and government ministers of

21 the Republic of Serbia; and

22 (2) does not include the President, Prime Min23 ister, Deputy Prime Ministers, and government min24 isters of the Republic of Montenegro.
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1 SEC. 305. ADDITIONAL RESTRICTION ON RESTORATION OF

2 NORMAL TRADE RELATIONS WITH YUGO3 SLAVIA.

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

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

6 further amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (2);

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

10 inserting ‘‘; and’’; and

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

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

13 based on democratic principles and the rule of law,

14 and that respects internationally recognized human

15 rights.’’.

16 SEC. 306. PROHIBITION ON STRATEGIC EXPORTS TO YUGO17 SLAVIA.

18 No computers, computer software, or goods or tech19 nology intended to manufacture or service computers may

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

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

22 entities of either government:

23 (1) The military.

24 (2) The police.

25 (3) The prison system.

26 (4) The national security agencies.
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1 SEC. 307. PROHIBITION ON LOANS AND INVESTMENT.

2 (a) UNITED STATES GOVERNMENT FINANCING.—No

3 loan, credit guarantee, insurance, financing, or other fi4 nancial support may be extended by any agency of the

5 United States Government (including the Export-Import

6 Bank and the Overseas Private Investment Corporation)

7 with respect to Yugoslavia.

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

9 made available by law may be available for activities of

10 the Trade and Development Agency in or for Yugoslavia.

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

12 State is urged to encourage all other countries, particu13 larly European countries, to suspend any of their own pro14 grams providing support similar to that described in sub15 section (a) or (b) to Yugoslavia, including rescheduling

16 Yugoslavia debt under more favorable conditions for Yugo17 slavia.

18 (d) PROHIBITION ON PRIVATE CREDITS.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), no national of the United States may

21 make or approve any loan or other extension of cred22 it, directly or indirectly, to the Government of Yugo23 slavia or to the Government of Serbia or to any cor24 poration, partnership, or other organization that is

25 owned or controlled by either the Government of

26 Yugoslavia or the Government of Serbia.
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1 (2) EXCEPTION.—Paragraph (1) shall not

2 apply to a loan or extension of credit for any hous3 ing, education, or humanitarian benefit to assist the

4 victims of repression in Kosovo.

5 (e) EXCLUSION OF GOVERNMENT OF MONTE6 NEGRO.—The prohibitions on the provisions of loans, cred7 it guarantees, investment, and other financial assistance

8 contained in this section do not apply to the Government

9 of Montenegro if the President determines, and so reports

10 to the Speaker of the House of Representatives and the

11 Committee on Foreign Relations of the Senate, that—

12 (1) the Government of Montenegro is com13 mitted to, and taking steps to promote, democratic

14 principles, the rule of law, and respect for inter15 nationally recognized human rights; and

16 (2) the financing would not benefit the Govern17 ment of Yugoslavia or the Government of Serbia.

18 SEC. 308. PROHIBITION OF MILITARY-TO-MILITARY CO19 OPERATION.

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

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

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

23 the granting of Foreign Military Financing under section

24 23 of the Arms Export Control Act or international mili25 tary education and training under chapter 5 of part II
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1 of the Foreign Assistance Act of 1961) with the armed

2 forces of the Government of Yugoslavia or of the Govern3 ment of Serbia.

4 (b) WAIVER.—The President may waive the applica5 tion of subsection (a) if he determines and so reports to

6 the Speaker of the House of Representatives and the Com7 mittee on Foreign Relations of the Senate that the waiver

8 is necessary to further the development in Yugoslavia of

9 a government based on democratic principles and the rule

10 of law and that respects internationally recognized human

11 rights.

12 SEC. 309. MULTILATERAL SANCTIONS.

13 It is the sense of Congress that the President should

14 encourage all other countries, particularly European coun15 tries, to take measures similar to those described in this

16 title.

17 SEC. 310. TERMINATION OR MODIFICATION OF MEASURES

18 AGAINST YUGOSLAVIA.

19 Whenever the President determines, and so reports

20 to the Speaker of the House of Representatives and the

21 Committee on Foreign Relations of the Senate that the

22 Government of Yugoslavia is a government that is based

23 on democratic principles and the rule of law, and that re24 spects internationally recognized human rights, the Presi25 dent may terminate or modify any of the measures re-
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1 quired by this title, except as otherwise provided in section

2 301.

3 TITLE IV—MISCELLANEOUS

4 PROVISIONS

5 SEC. 401. THE INTERNATIONAL CRIMINAL TRIBUNAL FOR

6 THE FORMER YUGOSLAVIA.

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

8 (1) United Nations Security Council Resolution

9 827, which was adopted May 25, 1993, established

10 the International Criminal Tribunal for the former

11 Yugoslavia (in this section referred to as the ‘‘Tri12 bunal’’) to prosecute persons responsible for serious

13 violations of international humanitarian law com14 mitted in the territory of the former Yugoslavia

15 since January 1, 1991.

16 (2) United Nations Security Council Resolution

17 827 requires full cooperation by all countries with

18 the Tribunal, including the obligation of countries to

19 comply with requests of the Tribunal for assistance

20 or orders.

21 (3) The Government of Yugoslavia has dis22 regarded its international obligations with regard to

23 the Tribunal, including its obligation to transfer or

24 facilitate the transfer to the Tribunal of any person

25 on the territory of Serbia who has been indicted for
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1 war crimes or other crimes against humanity under

2 the jurisdiction of the Tribunal.

3 (4) The Government of Yugoslavia has publicly

4 rejected the Tribunal’s jurisdiction over events in

5 Kosovo and has impeded the investigation of rep6 resentatives from the Tribunal, including denying

7 those representatives visas for entry into Yugoslavia,

8 in their efforts to gather information about alleged

9 crimes against humanity in Kosovo under the juris10 diction of the Tribunal.

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

12 States to support fully and completely the indictment of

13 President Slobodan Milosevic as a war criminal under the

14 relevant statutes of the International Criminal Tribunal

15 for the former Yugoslavia if the Tribunal decides to indict

16 him.

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

18 sense of Congress that the Director of Central Intelligence

19 should transfer to the International Criminal Tribunal for

20 the former Yugoslavia any information the intelligence

21 community (as defined in section 3(4) of the National Se22 curity Act of 1947 (50 U.S.C. 401a(4)) collects or has

23 collected in support of an indictment and trial of President

24 Slobodan Milosevic for war crimes, crimes against human25 ity, or genocide.
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1 (d) PROTECTION OF SOURCES AND METHODS.—In

2 carrying out subsection (c), the Director of Central Intel3 ligence shall take such steps as may be necessary to ensure

4 adequate protection of intelligence sources and methods.

5 SEC. 402. OWNERSHIP AND USE OF DIPLOMATIC AND CON6 SULAR PROPERTIES.

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

8 (1) The international judicial system, as cur9 rently structured, lacks fully effective remedies for

10 the wrongful confiscation of property and for unjust

11 enrichment from the use of wrongfully confiscated

12 property by governments and private entities at the

13 expense of the rightful owners of the property.

14 (2) Since the dissolution of the Socialist Fed15 eral Republic of Yugoslavia, the Government of

16 Yugoslavia has exclusively used, and benefited from

17 the use of, properties located in the United States

18 that were owned by the Socialist Federal Republic of

19 Yugoslavia.

20 (3) The governments of Bosnia and

21 Herzegovina, Croatia, the Former Yugoslav Republic

22 of Macedonia, and Slovenia have been blocked by the

23 Government of Yugoslavia in using, or benefiting

24 from the use of, any property located in the United
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1 States that was previously owned by the Socialist

2 Federal Republic of Yugoslavia.

3 (4) The continued occupation and use by offi4 cials of Yugoslavia of that property without prompt,

5 adequate, and effective compensation under the ap6 plicable principles of international law to the govern7 ments of Bosnia-Herzegovina, Croatia, the Former

8 Yugoslav Republic of Macedonia, and Slovenia is un9 just and unreasonable.

10 (b) POLICY ON NEGOTIATIONS REGARDING PROP11 ERTIES.—It is the policy of the United States to insist

12 that the Government of Yugoslavia engage in good faith

13 negotiations with the governments of Bosnia and

14 Herzegovina, Croatia, the Former Yugoslav Republic of

15 Macedonia, and Slovenia on the ownership and continued

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

17 effective compensation for, the following properties located

18 in the United States:

19 (1) 2222 Decatur Street, NW, Washington,

20 DC.

21 (2) 2410 California Street, NW, Washington,

22 DC.

23 (3) 1907 Quincy Street, NW, Washington, DC.

24 (4) 3600 Edmonds Street, NW, Washington,

25 DC.
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1 (5) 2221 R Street, NW, Washington, DC.

2 (6) 854 Fifth Avenue, New York, NY.

3 (7) 730 Park Avenue, New York, NY.

4 (c) SENSE OF CONGRESS ON RETURN OF PROP5 ERTIES.—It is the sense of the Congress that, if the Gov6 ernment of Yugoslavia refuses to engage in good faith ne7 gotiations on the status of the properties listed in sub8 section (b), the President should take steps to return those

9 properties to the possession of the governments of Bosnia

10 and Herzegovina, Croatia, the Former Yugoslav Republic

11 of Macedonia, and Slovenia in accordance with inter12 national law.

13 SEC. 403. TRANSITION ASSISTANCE.

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

15 President Slobodan Milosevic has been replaced by a gov16 ernment that is committed to democratic principles and

17 the rule of law, and that respects internationally recog18 nized human rights, the President of the United States

19 should support the transition to democracy in Yugoslavia

20 by providing immediate and substantial assistance, includ21 ing facilitating its integration into international organiza22 tions.

23 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

24 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ser25 bia Democratization Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of this

2 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 commit7 tees’’ means the Committee on Foreign Relations of
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1 the Senate and the Committee on International Rela2 tions of the House of Representatives.

3 (2) COMMERCIAL EXPORT.—The term ‘‘commer4 cial export’’ means the sale of a farm product or med5 icine by a United States seller to a foreign buyer in

6 exchange for cash payment on market terms without

7 benefit of concessionary financing, export subsidies,

8 government or government-backed credits or other

9 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’’ means

21 the so-called Federal Republic of Yugoslavia (Serbia

22 and Montenegro), and the term ‘‘Government of Yugo23 slavia’’ means the central government 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 constitu13 tions provide for the right of citizens to change their

14 government, citizens of Serbia in practice are pre15 vented from exercising that right by the Milosevic re16 gime’s domination of the mass media and manipula17 tion 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 dis21 semination of opinions that differ from official state

22 propaganda.

23 (5) The Yugoslav government prevents the forma24 tion of nonviolent, democratic opposition through re25 strictions 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 manipu3 lates the country’s legal framework to suit the re4 gime’s 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 Montenegro

11 has withstood efforts by President Milosevic to inter12 fere with its government and supported the goals of

13 the United States in the conflict in Kosovo.

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

15 undemocratic actions of the Milosevic government

16 should not be the target of criticism that is rightly di17 rected 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, in3 cluding political parties and independent trade

4 unions, to develop a legitimate and viable alter5 native 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 rep10 resentatives of democratic opposition organiza11 tions of Yugoslavia and minimize to the extent

12 practicable any direct contacts with government

13 officials from Yugoslavia, particularly President

14 Slobodan Milosevic, who perpetuate the non15 democratic 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 and

2 the growth of an independent civil society in Yugo3 slavia, including ethnic tolerance and respect for

4 internationally recognized human rights.

5 (2) AUTHORIZATION FOR ASSISTANCE.—To carry

6 out the purpose of paragraph (1), the President is au7 thorized to furnish assistance and other support for

8 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 a

2 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 econ9 omy.

10 (4) AUTHORIZATION OF APPROPRIATIONS.—

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

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

13 the period beginning October 1, 1999, and end14 ing September 30, 2001, to carry out this sub15 section.

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 OF

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

21 should take all necessary steps to ensure that no funds or

22 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 MONTENEGRO.—

2 In carrying out subsection (a), the President may provide

3 assistance to the Government of Montenegro, unless the

4 President determines, and so reports to the appropriate con5 gressional committees, that the leadership of the Govern6 ment of Montenegro is not committed to, or is not taking

7 steps to promote, democratic principles, the rule of law, or

8 respect for internationally recognized human rights.

9 SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROAD10 CASTING.

11 (a) IN GENERAL.—The Broadcasting Board of Gov12 ernors shall further the open communication of information

13 and ideas through the increased use of radio and television

14 broadcasting to Yugoslavia in both the Serbo-Croatian and

15 Albanian languages.

16 (b) IMPLEMENTATION.—Radio and television broad17 casting under subsection (a) shall be carried out by the

18 Voice of America and, in addition, radio broadcasting

19 under that subsection shall be carried out by RFE/RL, In20 corporated. Subsection (a) shall be carried out in accord21 ance with all the respective Voice of America and RFE/RL,

22 Incorporated, standards to ensure that radio and television

23 broadcasting to Yugoslavia serves as a consistently reliable

24 and authoritative source of accurate, objective, and com25 prehensive news.
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1 (c) STATUTORY CONSTRUCTION.—The implementation

2 of subsection (a) may not be construed as a replacement

3 for the strengthening of indigenous independent media

4 called for in section 102(a)(3)(C). To the maximum extent

5 practicable, the two efforts (strengthening independent

6 media and increasing broadcasts into Serbia) shall be car7 ried out in such a way that they mutually support each

8 other.

9 TITLE II—ASSISTANCE TO THE

10 VICTIMS OF SERBIAN OP11 PRESSION

12 SEC. 201. FINDINGS.

13 The Congress finds the following:

14 (1) Beginning in February 1998 and ending in

15 June 1999, the armed forces of Yugoslavia and the

16 Serbian Interior Ministry police force engaged in a

17 brutal crackdown against the ethnic Albanian popu18 lation in Kosovo.

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

20 Serbian forces against the Albanian population of

21 Kosovo, more than 10,000 individuals have been

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

23 their homes.

24 (3) The majority of the individuals displaced by

25 the conflict in Kosovo was left homeless or was forced
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1 to find temporary shelter in Kosovo or outside the

2 country.

3 (4) The activities of the Yugoslav armed forces

4 and the police force of the Serbian Interior Ministry

5 resulted in the widespread destruction of agricultural

6 crops, livestock, and property, as well as the poi7 soning of wells and water supplies, and the looting of

8 humanitarian goods provided by the international

9 community.

10 SEC. 202. SENSE OF CONGRESS.

11 It is the sense of Congress that—

12 (1) humanitarian assistance to the victims of the

13 conflict in Kosovo, including refugees and internally

14 displaced persons, and all assistance to rebuild dam15 aged property in Kosovo, should be the responsibility

16 of the Government of Yugoslavia and the Government

17 of Serbia;

18 (2) under the direction of President Milosevic,

19 neither the Government of Yugoslavia nor the Govern20 ment of Serbia has provided the resources to assist in21 nocent, civilian victims of oppression in Kosovo; and

22 (3) because neither the Government of Yugoslavia

23 nor the Government of Serbia has fulfilled the respon24 sibilities of a sovereign government toward the people

25 in Kosovo, the international community offers the
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1 only recourse for humanitarian assistance to victims

2 of oppression in Kosovo.

3 SEC. 203. ASSISTANCE.

4 (a) AUTHORITY.—The President is authorized to fur5 nish assistance under section 491 of the Foreign Assistance

6 Act of 1961 (22 U.S.C. 2292) and the Migration and Ref7 ugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.), as

8 appropriate, for—

9 (1) relief, rehabilitation, and reconstruction in

10 Kosovo; and

11 (2) refugees and persons displaced by the conflict

12 in Kosovo.

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

14 under this section to any group that has been designated

15 as a terrorist organization under section 219 of the Immi16 gration and Nationality Act (8 U.S.C. 1189).

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

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

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

20 assistance described in subsection (a) may be used in ac21 cordance 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 cer7 tifies to the appropriate congressional committees that the

8 Government of Yugoslavia has made significant progress in

9 meeting the conditions described in subsection (b).

10 (b) CONDITIONS.—The conditions referred to in sub11 section (a) are the following:

12 (1) Agreement on a lasting settlement in Kosovo.

13 (2) Compliance with the General Framework

14 Agreement for Peace in Bosnia and Herzegovina.

15 (3) Implementation of internal democratic re16 form.

17 (4) Settlement of all succession issues with the

18 other republics that emerged from the break-up of the

19 Socialist Federal Republic of Yugoslavia.

20 (5) Cooperation with the International Criminal

21 Tribunal for the former Yugoslavia, including the

22 transfer of all indicted war criminals in Yugoslavia

23 to the Hague.

24 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The

25 Secretary of the Treasury shall instruct the United States
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1 executive directors of the international financial institu2 tions to oppose, and vote against, any extension by those

3 institutions of any financial assistance (including any tech4 nical assistance or grant) of any kind to the Government

5 of Yugoslavia.

6 (d) ORGANIZATION FOR SECURITY AND COOPERATION

7 IN EUROPE.—The Secretary of State should instruct the

8 United States Ambassador to the Organization for Security

9 and Cooperation in Europe (OSCE) to oppose and block

10 any consensus to allow the participation of Yugoslavia in

11 the OSCE or any organization affiliated with the OSCE.

12 (e) UNITED NATIONS.—The Secretary of State should

13 instruct the United States Permanent Representative to the

14 United Nations—

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

16 the United Nations Security Council to admit Yugo17 slavia to the United Nations or any organization af18 filiated with the United Nations; and

19 (2) to actively oppose and, if necessary, veto any

20 proposal to allow Yugoslavia to assume the member21 ship of the former Socialist Federal Republic of Yugo22 slavia in the United Nations General Assembly or

23 any other organization affiliated with the United Na24 tions.
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1 (f) NATO.—The Secretary of State should instruct the

2 United States Permanent Representative to the North At3 lantic Council to oppose and vote against the extension to

4 Yugoslavia of membership or participation in the Partner5 ship for Peace program or any other organization affiliated

6 with NATO.

7 (g) SOUTHEAST EUROPEAN COOPERATION INITIA8 TIVE.—The Secretary of State should instruct the United

9 States Representatives to the Southeast European Coopera10 tion Initiative (SECI) to actively oppose the participation

11 of Yugoslavia in SECI.

12 (h) SENSE OF CONGRESS.—It is the sense of Congress

13 that—

14 (1) the President should not restore full diplo15 matic relations with Yugoslavia until the President

16 has determined and so reported to the appropriate

17 congressional committees that the Government of

18 Yugoslavia has met the conditions described in sub19 section (b); and

20 (2) the President should encourage all other Eu21 ropean countries to diminish their level of diplomatic

22 relations with Yugoslavia.

23 (i) INTERNATIONAL FINANCIAL INSTITUTION DE24 FINED.—In this section, the term ‘‘international financial

25 institution’’ includes the International Monetary Fund, the
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1 International Bank for Reconstruction and Development,

2 the International Development Association, the Inter3 national Finance Corporation, the Multilateral Investment

4 Guaranty Agency, and the European Bank for Reconstruc5 tion and Development.

6 SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT

7 IN COMPLIANCE WITH ‘‘OUTER WALL’’ SANC8 TIONS.

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

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

11 a loan or other financial assistance to the Government of

12 Yugoslavia over opposition of the United States, then the

13 Secretary of the Treasury should withhold from payment

14 of the United States share of any increase in the paid-in

15 capital of such institution an amount equal to the amount

16 of the loan or other assistance.

17 TITLE IV—OTHER MEASURES

18 AGAINST YUGOSLAVIA

19 SEC. 401. BLOCKING YUGOSLAVIA ASSETS IN THE UNITED

20 STATES.

21 (a) BLOCKING OF ASSETS.—All property and interests

22 in property, including all commercial, industrial, or public

23 utility undertakings or entities, of or in the name of the

24 Government of Serbia or the Government of Yugoslavia that

25 are in the United States, that hereafter come within the
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1 United States, or that are or hereafter come within the pos2 session or control of United States persons, including their

3 overseas branches, are hereby blocked.

4 (b) EXERCISE OF AUTHORITIES.—The Secretary of the

5 Treasury, in consultation with the Secretary of State, shall

6 take such actions, including the promulgation of regula7 tions, orders, directives, rulings, instructions, and licenses,

8 and employ all powers granted to the President by the

9 International Emergency Economic Powers Act, as may be

10 necessary to carry out the purpose of this section, including

11 taking such steps as may be necessary to continue in effect

12 the measures contained in Executive Order No. 13088 of

13 June 9, 1998, and Executive Order No. 13121 of May 1,

14 1999, and any rule, regulation, license, or order issued

15 thereunder.

16 (c) PROHIBITED TRANSFERS.—Transfers prohibited

17 under subsection (b) shall include payments or transfers of

18 any property or any transactions involving the transfer of

19 anything of economic value by any United States person

20 to the Government of Serbia, the Government of Yugoslavia,

21 or any person or entity acting for or on behalf of, or owned

22 or controlled, directly or indirectly, by any of those govern23 ments, persons, or entities.

24 (d) PAYMENT OF EXPENSES.—All expenses incident to

25 the blocking and maintenance of property blocked under
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1 subsection (a) shall be charged to the owners or operators

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

3 blocked funds.

4 (e) PROHIBITIONS.—The following shall be prohibited

5 as of the date of enactment of this Act:

6 (1) Any transaction within the United States or

7 by a United States person relating to any vessel in

8 which a majority or controlling interest is held by a

9 person or entity in, or operating from, Serbia regard10 less of the flag under which the vessel sails.

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

12 operated from Serbia or owned and controlled by the

13 Government of Serbia or the Government of Yugo14 slavia, directly or indirectly, of any goods, technology,

15 or services, either—

16 (A) from the United States;

17 (B) requiring the issuance of a license by a

18 Federal agency; or

19 (C) involving the use of United States reg20 istered vessels or aircraft, or any activity that

21 promotes or is intended to promote such expor22 tation.

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

24 (A) property originating in Serbia or ex25 ported from Serbia;
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1 (B) property intended for exportation from

2 Serbia to any country or exportation to Serbia

3 from any country; or

4 (C) any activity of any kind that promotes

5 or is intended to promote such dealing.

6 (4) The performance by any United States per7 son of any contract, including a financing contract,

8 in support of an industrial, commercial, public util9 ity, or governmental project in Serbia.

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

11 to—

12 (1) the transshipment through Serbia of com13 modities and products originating outside Yugoslavia

14 and temporarily present in the territory of Yugo15 slavia only for the purpose of such transshipment;

16 (2) assistance provided under section 102 or sec17 tion 203 of this Act; or

18 (3) those materials described in section 203(b)(3)

19 of the International Emergency Economic Powers Act

20 relating to informational materials.

21 SEC. 402. SUSPENSION OF ENTRY INTO THE UNITED

22 STATES.

23 (a) PROHIBITION.—The President shall use his author24 ity under section 212(f) of the Immigration and Nation-
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1 ality Act (8 U.S.C. 1182(f)) to suspend the entry into the

2 United States of any alien who—

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

4 the Government of Yugoslavia or the Government of

5 Serbia; or

6 (2) is a spouse, minor child, or agent of a person

7 inadmissible under paragraph (1).

8 (b) SENIOR LEADERSHIP DEFINED.—In subsection

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

10 (1) includes—

11 (A) the President, Prime Minister, Deputy

12 Prime Ministers, and government ministers of

13 Yugoslavia;

14 (B) the Governor of the National Bank of

15 Yugoslavia; and

16 (C) the President, Prime Minister, Deputy

17 Prime Ministers, and government ministers of

18 the Republic of Serbia; and

19 (2) does not include the President, Prime Min20 ister, Deputy Prime Ministers, and government min21 isters of the Republic of Montenegro.

22 SEC. 403. PROHIBITION ON STRATEGIC EXPORTS TO YUGO23 SLAVIA.

24 (a) PROHIBITION.—No computers, computer software,

25 or goods or technology intended to manufacture or service
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1 computers may be exported to or for use by the Government

2 of Yugoslavia or by the Government of Serbia, or by any

3 of the following entities of either government:

4 (1) The military.

5 (2) The police.

6 (3) The prison system.

7 (4) The national security agencies.

8 (b) STATUTORY CONSTRUCTION.—Nothing in this sec9 tion prevents the issuance of licenses to ensure the safety

10 of civil aviation and safe operation of United States-origin

11 commercial passenger aircraft and to ensure the safety of

12 ocean-going maritime traffic in international waters.

13 SEC. 404. PROHIBITION ON LOANS AND INVESTMENT.

14 (a) UNITED STATES GOVERNMENT FINANCING.—No

15 loan, credit guarantee, insurance, financing, or other simi16 lar financial assistance may be extended by any agency of

17 the United States Government (including the Export-Im18 port Bank and the Overseas Private Investment Corpora19 tion) to the Government of Yugoslavia or the Government

20 of Serbia.

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

22 made available by law may be available for activities of

23 the Trade and Development Agency in or for Serbia.

24 (c) THIRD COUNTRY ACTION.—The Secretary of State

25 is urged to encourage all other countries, particularly Euro-
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1 pean countries, to suspend any of their own programs pro2 viding support similar to that described in subsection (a)

3 or (b) to the Government of Yugoslavia or the Government

4 of Serbia, including by rescheduling repayment of the in5 debtedness of either government under more favorable condi6 tions.

7 (d) PROHIBITION ON PRIVATE CREDITS.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), no national of the United States may make

10 or approve any loan or other extension of credit, di11 rectly or indirectly, to the Government of Yugoslavia

12 or to the Government of Serbia or to any corporation,

13 partnership, or other organization that is owned or

14 controlled by either the Government of Yugoslavia or

15 the Government of Serbia.

16 (2) EXCEPTION.—Paragraph (1) shall not apply

17 to a loan or extension of credit for any housing, edu18 cation, or humanitarian benefit to assist the victims

19 of repression in Kosovo.

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

21 COOPERATION.

22 The United States Government (including any agency

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

24 under the Foreign Assistance Act of 1961 or the Arms Ex25 port Control Act (including the provision of Foreign Mili-
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1 tary Financing under section 23 of the Arms Export Con2 trol Act or international military education and training

3 under chapter 5 of part II of the Foreign Assistance Act

4 of 1961) or provide any defense articles or defense services

5 under those Acts, to the armed forces of the Government of

6 Yugoslavia or of the Government of Serbia.

7 SEC. 406. MULTILATERAL SANCTIONS.

8 It is the sense of Congress that the President should

9 continue to seek to coordinate with other countries, particu10 larly European countries, a comprehensive, multilateral

11 strategy to further the purposes of this Act, including, as

12 appropriate, encouraging other countries to take measures

13 similar to those described in this title.

14 SEC. 407. EXEMPTIONS.

15 (a) EXEMPTION FOR KOSOVO.—None of the restric16 tions imposed by this Act shall apply with respect to

17 Kosovo, including with respect to governmental entities or

18 administering authorities or the people of Kosovo.

19 (b) EXEMPTION FOR MONTENEGRO.—None of the re20 strictions imposed by this Act shall apply with respect to

21 Montenegro, including with respect to governmental entities

22 of Montenegro, unless the President determines and so cer23 tifies to the appropriate congressional committees that the

24 leadership of the Government of Montenegro is not com25 mitted to, or is not taking steps to promote, democratic
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1 principles, the rule of law, or respect for internationally

2 recognized human rights.

3 SEC. 408. WAIVER; TERMINATION OF MEASURES AGAINST

4 YUGOSLAVIA.

5 (a) GENERAL WAIVER AUTHORITY.—Except as pro6 vided in subsection (b), the requirement to impose any

7 measure under this Act may be waived for successive peri8 ods not to exceed 12 months each, and the President may

9 provide assistance in furtherance of this Act notwith10 standing any other provision of law, if the President deter11 mines and so certifies to the appropriate congressional com12 mittees in writing 15 days in advance of the implementa13 tion of any such waiver that—

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

15 United States; or

16 (2) significant progress has been made in Yugo17 slavia in establishing a government based on demo18 cratic principles and the rule of law, and that re19 spects internationally recognized human rights.

20 (b) EXCEPTION.—The President may implement the

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

22 exceed 3 months each without the 15 day advance notifica23 tion under that subsection —
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1 (1) if the President determines that exceptional

2 circumstances require the implementation of such

3 waiver; and

4 (2) the President immediately notifies the appro5 priate congressional committees of his determination.

6 (c) TERMINATION OF RESTRICTIONS.—The restrictions

7 imposed by this Act shall be terminated if the President

8 determines and so certifies to the appropriate congressional

9 committees that the Government of Yugoslavia is a govern10 ment that is committed to democratic principles and the

11 rule of law, and that respects internationally recognized

12 human rights.

13 SEC. 409. STATUTORY CONSTRUCTION.

14 (a) IN GENERAL.—None of the restrictions or prohibi15 tions contained in this Act shall be construed to limit hu16 manitarian assistance (including the provision of food and

17 medicine), or the commercial export of agricultural com18 modities or medicine and medical equipment, to Yugo19 slavia.

20 (b) SPECIAL RULE.—Nothing in subsection (a) shall

21 be construed to permit the export of an agricultural com22 modity or medicine that could contribute to the development

23 of a chemical or biological weapon.
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1 TITLE V—MISCELLANEOUS

2 PROVISIONS

3 SEC. 501. 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 the

8 International Criminal Tribunal for the former Yugo9 slavia to prosecute persons responsible for serious vio10 lations of international humanitarian law committed

11 in the territory of the former Yugoslavia since Janu12 ary 1, 1991.

13 (2) United Nations Security Council Resolution

14 827 requires full cooperation by all countries with the

15 Tribunal, including the obligation of countries to

16 comply with requests of the Tribunal for assistance or

17 orders.

18 (3) The Government of Yugoslavia has dis19 regarded its international obligations with regard to

20 the Tribunal, including its obligation to transfer or

21 facilitate the transfer to the Tribunal of any person

22 on the territory of Yugoslavia who has been indicted

23 for war crimes or other crimes against humanity

24 under the jurisdiction of the Tribunal.
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1 (4) The Government of Yugoslavia publicly re2 jected 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 (5) The Tribunal has indicted President

10 Slobodan Milosevic for—

11 (A) crimes against humanity, specifically

12 murder, deportations, and persecutions; and

13 (B) violations of the laws and customs of

14 war.

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

16 to support fully and completely the investigation of Presi17 dent Slobodan Milosevic by the International Criminal Tri18 bunal for the former Yugoslavia for genocide, crimes against

19 humanity, war crimes, and grave breaches of the Geneva

20 Convention.

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

22 sense of Congress that the United States Government should

23 gather all information that the intelligence community (as

24 defined in section 3(4) of the National Security Act of 1947

25 (50 U.S.C. 401a(4)) collects or has collected to support an
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1 investigation of President Slobodan Milosevic for genocide,

2 crimes against humanity, war crimes, and grave breaches

3 of the Geneva Convention by the International Criminal

4 Tribunal for the former Yugoslavia (ICTY) and that the

5 Department of State should provide all appropriate infor6 mation to the Office of the Prosecutor of the ICTY under

7 procedures established by the Director of Central Intel8 ligence that are necessary to ensure adequate protection of

9 intelligence sources and methods.

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

11 after the date of enactment of this Act, and every 180 days

12 thereafter, the President shall submit a report, in classified

13 form if necessary, to the appropriate congressional commit14 tees that describes the information that was provided by the

15 Department of State to the Office of the Prosecutor of the

16 International Criminal Tribunal for the former Yugoslavia

17 for the purposes of subsection (c).

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

19 HUNGARIANS OF VOJVODINA.

20 (a) FINDINGS.—Congress finds that—

21 (1) approximately 350,000 ethnic Hungarians

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

23 traditional settlements in existence for centuries;

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

25 the Balkan conflicts since 1990, but has maintained
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1 a consistent position of nonviolence, while seeking to

2 protect its existence through the meager opportunities

3 afforded under the existing political system;

4 (3) the Serbian leadership deprived Vojvodina of

5 its autonomous status at the same time as it did the

6 same to the province of Kosovo;

7 (4) this population is subject to continuous har8 assment, intimidation, and threatening suggestions

9 that they leave the land of their ancestors; and

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

11 cleansing has already driven 50,000 ethnic Hungar12 ians out of the province of Vojvodina.

13 (b) SENSE OF CONGRESS.—It is the sense of Congress

14 that the President should—

15 (1) condemn harassment, threats, and intimida16 tion against any ethnic group in Yugoslavia as the

17 usual precursor of violent ethnic cleansing;

18 (2) express deep concern over the reports on re19 cent threats, intimidation, and even violent incidents

20 against the ethnic Hungarian inhabitants of the prov21 ince of Vojvodina;

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

23 monitor the situation of the Hungarian ethnic group

24 in Vojvodina; and
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1 (4) call on the NATO allies of the United States,

2 during any negotiation on the future status of Kosovo,

3 also to pay substantial attention to establishing satis4 factory guarantees for the rights of the ethnic Hun5 garian community of Vojvodina, and of other ethnic

6 minorities in the province, including consulting with

7 elected leaders about their proposal for self-adminis8 tration.

9 SEC. 503. OWNERSHIP AND USE OF DIPLOMATIC AND CON10 SULAR PROPERTIES.

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

12 (1) The international judicial system, as cur13 rently structured, lacks fully effective remedies for the

14 wrongful confiscation of property and for unjust en15 richment from the use of wrongfully confiscated prop16 erty by governments and private entities at the ex17 pense of the rightful owners of the property.

18 (2) Since the dissolution of the Socialist Federal

19 Republic of Yugoslavia, the Government of Yugoslavia

20 has exclusively used, and benefited from the use of,

21 properties located in the United States that were

22 owned by the Socialist Federal Republic of Yugo23 slavia.

24 (3) The Governments of Bosnia and

25 Herzegovina, Croatia, the Former Yugoslav Republic
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1 of Macedonia, and Slovenia have been blocked by the

2 Government of Yugoslavia from using, or benefiting

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

4 States that was previously owned by the Socialist

5 Federal Republic of Yugoslavia.

6 (4) The continued occupation and use by offi7 cials of Yugoslavia of that property without prompt,

8 adequate, and effective compensation under the appli9 cable principles of international law to the Govern10 ments of Bosnia and Herzegovina, Croatia, the

11 Former Yugoslav Republic of Macedonia, and Slo12 venia are unjust and unreasonable.

13 (b) POLICY ON NEGOTIATIONS REGARDING PROP14 ERTIES.—It is the policy of the United States to insist that

15 the Government of Yugoslavia has a responsibility to, and

16 should, actively and cooperatively engage in good faith ne17 gotiations with the Governments of Bosnia and

18 Herzegovina, Croatia, the Former Yugoslav Republic of

19 Macedonia, and Slovenia for resolution of the outstanding

20 property issues resulting from the dissolution of the Social21 ist Federal Republic of Yugoslavia, including the disposi22 tion of the following properties located in the United States:

23 (1) 2222 Decatur Street, NW, Washington, DC.

24 (2) 2410 California Street, NW, Washington,

25 DC.
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1 (3) 1907 Quincy Street, NW, Washington, DC.

2 (4) 3600 Edmonds Street, NW, Washington, DC.

3 (5) 2221 R Street, NW, Washington, DC.

4 (6) 854 Fifth Avenue, New York, NY.

5 (7) 730 Park Avenue, New York, NY.

6 (c) SENSE OF CONGRESS ON RETURN OF PROP7 ERTIES.—It is the sense of Congress that, if the Government

8 of Yugoslavia refuses to engage in good faith negotiations

9 on the status of the properties listed in subsection (b), the

10 President should take steps to ensure that the interests of

11 the Governments of Bosnia and Herzegovina, Croatia, the

12 Former Yugoslav Republic of Macedonia, and Slovenia are

13 protected in accordance with international law.

14 SEC. 504. TRANSITION ASSISTANCE.

15 (a) SENSE OF CONGRESS.—It is the sense of Congress

16 that once the regime of President Slobodan Milosevic has

17 been replaced by a government that is committed to demo18 cratic principles and the rule of law, and that respects

19 internationally recognized human rights, the President of

20 the United States should support the transition to democ21 racy in Yugoslavia by providing immediate and substantial

22 assistance, including facilitating its integration into inter23 national organizations.

24 (b) AUTHORIZATION OF ASSISTANCE.—The President

25 is authorized to furnish assistance to Yugoslavia if he deter-
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1 mines, and so certifies to the appropriate congressional

2 committees that the Government of Yugoslavia is committed

3 to democratic principles and the rule of law and respects

4 internationally recognized human rights.

5 (c) REPORT TO CONGRESS.—

6 (1) DEVELOPMENT OF PLAN.—The President

7 shall develop a plan for providing assistance to Yugo8 slavia in accordance with this section. Such assist9 ance would be provided at such time as the President

10 determines that the Government of Yugoslavia is com11 mitted to democratic principles and the rule of law

12 and respects internationally recognized human rights.

13 (2) STRATEGY.—The plan developed under para14 graph (1) shall include a strategy for distributing as15 sistance to Yugoslavia under the plan.

16 (3) DIPLOMATIC EFFORTS.—The President shall

17 take the necessary steps—

18 (A) to seek to obtain the agreement of other

19 countries and international financial institu20 tions and other multilateral organizations to

21 provide assistance to Yugoslavia after the Presi22 dent determines that the Government of Yugo23 slavia is committed to democratic principles, the

24 rule of law, and that respects internationally

25 recognized human rights; and
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1 (B) to work with such countries, institu2 tions, and organizations to coordinate all such

3 assistance programs.

4 (4) COMMUNICATION OF PLAN.—The President

5 shall take the necessary steps to communicate to the

6 people of Yugoslavia the plan for assistance developed

7 under this section.

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

9 date of enactment of this Act, the President shall

10 transmit to the appropriate congressional committees

11 a report describing in detail the plan required to be

12 developed by paragraph (1).