II

104TH CONGRESS

1ST SESSION S. 681

To provide for the imposition of sanctions against Colombia with respect

to illegal drugs and drug trafficking.

IN THE SENATE OF THE UNITED STATES

APRIL 5, 1995

Mr. HELMS (for himself and Mr. MACK) introduced the following bill; which

was read twice and referred to the Committee on Foreign Relations

A BILL

To provide for the imposition of sanctions against Colombia

with respect to illegal drugs and drug trafficking.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Narcotics National

5 Emergency Sanctions Act of 1995’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) Cocaine is the primary drug threat to the

9 United States, and heroin poses an increasingly seri10 ous drug threat to the United States.
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1 (2) Colombia is the ‘‘corporate headquarters’’

2 for the international cartels responsible for the pro3 duction and distribution of at least 80 percent of the

4 cocaine that enters the United States.

5 (3) Colombia is the primary producer of heroin

6 in the Western Hemisphere and is a significant cul7 tivator of marijuana.

8 (4) Courageous and dedicated Colombians risk

9 their lives every day in order to fight drug traffick10 ers, and these Colombians deserve the support of the

11 United States and of the Government of Colombia.

12 (5) The Government of Colombia did not take

13 significant actions in 1994 to dismantle drug cartels

14 in Colombia, capture drug kingpins, or reverse the

15 influence of drug-related corruption on the political

16 system of Colombia.

17 (6) The lack of achievement of the Government

18 of Colombia in 1994 in its efforts against drugs

19 raises significant questions as to whether the Colom20 bian people presently receive the support of that gov21 ernment in such efforts.

22 (7) The political and judicial systems of Colom23 bia are plagued by drug-related corruption, including

24 an ineffective plea-bargaining system that leaves
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1 law-abiding citizens virtually unprotected against

2 crime.

3 (8) The plea-bargaining system in Colombia is

4 so ineffective that at least 33 percent of the convic5 tions for drug-related crimes do not result in impris6 onment.

7 (9) The Prosecutor General of Colombia has

8 stated that the judicial process in Colombia system

9 ‘‘results in virtual impunity [for drug traffickers]’’.

10 (10) Colombia is a significant center for money11 laundering activities, and, as a result, the financial

12 system of Colombia is inundated with illegal monies.

13 (11) Despite repeated assurances it considers

14 the war against drugs to be a ‘‘moral imperative’’

15 and a ‘‘matter of national security’’ requiring ‘‘an all

16 out effort, without limits,’’ the Government of Co17 lombia has failed to keep specific commitments made

18 on July 15, 1994 by President-elect Samper that

19 Colombia would—

20 (A) devote law enforcement resources, in21 cluding creating an elite corps of investigators,

22 to the investigation, apprehension, arrest, pros23 ecution, and imprisonment of major drug traf24 fickers and their accomplices, including political

25 allies;
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1 (B) rapidly reform the penal code of Co2 lombia, including increasing penalties for drug

3 traffickers, closing loopholes in the plea bargain

4 system, and strengthening anti-corruption and

5 money-laundering laws; and

6 (C) participate in the creation of an anti7 narcotics force for Caribbean Basin countries

8 and the implementation of a global export mon9 itoring system for precursor chemicals.

10 (12) Evidence suggests that the influence of

11 drug kingpins reaches the Congress of Colombia and

12 the Office of the President of Colombia.

13 (13) The Government of Colombia has not

14 taken any significant steps to investigate or pros15 ecute cases of drug-related corruption, nor has that

16 government undertaken a meaningful investigation

17 into allegations that the campaign treasury of Presi18 dent Samper received millions of dollars from the

19 Cali cartel or into allegations of extensive corruption

20 in the Congress of Colombia.

21 (14) The Government of Colombia has not dem22 onstrated the political will to move against major

23 drug traffickers in Colombia, and President Samper

24 has not used his considerable public influence to

25 build political support for direct, effective action
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1 against drug kingpins and the scourge of drugs in

2 Colombia.

3 (15) The Government of Colombia has not ar4 rested or imprisoned any significant member of the

5 Cali drug cartel, a cartel which accounts for at least

6 80 percent of the cocaine that is shipped into the

7 United States.

8 (16) Colombia has in effect laws to address

9 drugs and drug-related corruption in a meaningful

10 manner, but the Government of Colombia does not

11 enforce such laws.

12 (17) The democratically-elected Government of

13 Colombia is being subjugated to the interests of

14 drug traffickers in Colombia.

15 (18) On February 6, 1995, the President of Co16 lombia outlined a program of the Government of Co17 lombia called the ‘‘Program of the War Against Il18 licit Drugs’’.

19 (19) In promising to pursue the program, the

20 President of Colombia stated that Colombia ‘‘will

21 continue fighting [narcotics] because we are con22 vinced that the struggle against this serious scourge

23 is a moral imperative, a response to a public health

24 problem, and, most of all, an issue of national secu25 rity.’’
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1 SEC. 3. SANCTIONS.

2 Subject to sections 4 and 6, the following sanctions

3 shall apply against Colombia as of February 6, 1996:

4 (1) BILATERAL ASSISTANCE.—Funds available

5 under the following programs of assistance may not

6 be obligated or expended to provide assistance with

7 respect to Colombia:

8 (A) DEVELOPMENT ASSISTANCE.—assist9 ance to carry out chapter 1 of part I of the

10 Foreign Assistance Act of 1961.

11 (B) ECONOMIC SUPPORT FUND ASSIST12 ANCE.—Assistance to carry out chapter 4 of

13 part II of the Foreign Assistance Act of 1961.

14 (C) FOREIGN MILITARY FINANCING.—Fi15 nancing under section 23 of the Arms Export

16 Control Act.

17 (D) IMET ASSISTANCE.—Assistance to

18 carry out chapter 5 of part II of the Foreign

19 Assistance Act of 1961.

20 (E) OVERSEAS PRIVATE INVESTMENT COR21 PORATION.—Activities of the Overseas Private

22 Investment Corporation under title IV of chap23 ter 2 of part I of the Foreign Assistance Act of

24 1961.
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1 (F) EXPORT-IMPORT BANK.—Financing by

2 the Export-Import Bank of the United States

3 under the Export-Import Bank Act of 1945.

4 (2) MULTILATERAL DEVELOPMENT BANKS.—

5 The Secretary of the Treasury shall instruct each

6 United States executive director of a multilateral de7 velopment bank to vote against any loan or other

8 utilization of the funds of the respective bank to or

9 for Colombia.

10 (3) LICENSES FOR COMMERCIAL ARMS EX11 PORTS.—Appropriated funds may not be obligated

12 or expended to license the commercial export of

13 items on the United States Munitions List under

14 section 38 of the Arms Export Control Act to Co15 lombia.

16 (4) MILITARY ACTIVITIES.—Appropriated funds

17 may not be obligated or expended for purposes of

18 carrying out military activities in Colombia or that

19 benefit Colombia, including joint military activities

20 involving the Armed Forces of the United States and

21 the Armed Forces of Colombia.

22 (5) TRADE PREFERENCES.—

23 (A) ANDEAN TRADE PREFERENCE ACT.—

24 The President shall withdraw the designation of

25 Colombia as a beneficiary country under section
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1 203 of the Andean Trade Preference Act (19

2 U.S.C. 3202). The President shall make such

3 withdrawal without regard to the procedures set

4 forth in subsection (e) of that section. Such

5 withdrawal shall apply to goods entered, or

6 withdrawn from warehouse for consumption,

7 after the date that is 45 days after the date

8 sanctions under this section first apply to Co9 lombia and such goods shall be subject to duty

10 at the rates of duty specified for such goods

11 under the general subcolumn of column 1 of the

12 Harmonized Tariff Schedule of the United

13 States.

14 (B) TRADE ACT OF 1974.—The President

15 shall terminate the designation of Colombia as

16 a beneficiary developing country under section

17 502 of the Trade Act of 1974 (19 U.S.C.

18 2462). The President shall terminate such des19 ignation without regard to the procedures set

20 forth in subsection (a)(2) of that section. Such

21 withdrawal shall apply to goods entered, or

22 withdrawn from warehouse for consumption,

23 after the date that is 45 days after the date

24 sanctions under this section first apply to Co25 lombia and such goods shall be subject to duty
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1 at the rates of duty specified for such goods

2 under the general subcolumn of column 1 of the

3 Harmonized Tariff Schedule of the United

4 States.

5 (C) OTHER TRADE PREFERENCE PRO6 GRAMS.—Colombia may not be designated as el7 igible to receive preferential trade treatment

8 under any other program.

9 (D) FREE TRADE AGREEMENTS.—Colom10 bia shall not be—

11 (i) extended tariff or quota treatment

12 equivalent to that accorded to members of

13 the North American Free Trade Agree14 ment; or

15 (ii) allowed to participate in the dis16 cussion or implementation of a free trade

17 agreement involving Western Hemisphere

18 countries.

19 (E) SUPERSEDING EXISTING LAW.—The

20 sanctions described in this paragraph shall

21 apply notwithstanding any other provision of

22 law.

23 (6) EXCLUSION FROM ENTRY INTO UNITED

24 STATES.—
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1 (A) IN GENERAL.—The President shall

2 take all reasonable steps provided by law to en3 sure that public officials in Colombia, regard4 less of rank, who are implicated in drug-related

5 corruption, their immediate relatives, and busi6 ness partners are not permitted entry into the

7 United States, consistent with the provisions of

8 the Immigration and Nationality Act (8 U.S.C.

9 1101 et seq.).

10 (B) APPLICABILITY.—Subparagraph (A)

11 shall apply in the case of a public official in Co12 lombia, and the relatives and business partners

13 of such official, until the completion by the

14 Government of Colombia of an investigation

15 into the drug-related corruption of the official

16 that is satisfactory to the Secretary of State

17 and the Attorney General of the United States

18 and is so certified to the President.

19 SEC. 4. DETERMINATION AND CERTIFICATION.

20 (a) CERTIFICATION PROCEDURES FOR INITIAL PE21 RIOD.—Subject to section 7(a)(1), the sanctions described

22 in section 3 shall not apply to Colombia during the period

23 beginning February 6, 1996, and ending February 5,

24 1997, if the President determines and certifies to the ap-
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1 propriate congressional committees on February 6, 1996,

2 the matters set forth in subsection (b).

3 (b) DETERMINATION.—The determination referred to

4 in subsection (a)(1) is the following:

5 (1) That the Government of Colombia has made

6 substantial progress in the following matters:

7 (A) Investigating contributions by drug

8 traffickers to political parties in Colombia.

9 (B) Providing funding for a sustainable al10 ternative development program to encourage

11 Colombia farmers to grow legal crops.

12 (C) Utilizing the law enforcement re13 sources of Colombia to investigate, capture,

14 convict, and imprison major drug lords in Co15 lombia and their accomplices.

16 (D) Implementing and funding fully a pro17 posed plan for the improvement of the adminis18 tration of the Ministry of Justice of Colombia.

19 (E) Acting effectively to confiscate profits

20 from activities relating to illegal drugs.

21 (F) Enacting legislation to implement the

22 United Nations Convention Against Illicit Traf23 fic in Narcotic Drugs and Psychotropic Sub24 stances.
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1 (G) Dismantling the infrastructure in Co2 lombia that is used for processing illegal drugs,

3 interdicting the chemicals used for such proc4 essing, and seizing or disabling vehicles (includ5 ing airplanes and ships) used to transport proc6 essed illegal drugs.

7 (H) Investing in technology to improve

8 surveillance of airports, waterways, and sea9 ports in Colombia.

10 (I) Constructing an installation for the Co11 lombia Coast Guard on San Andres Island, Co12 lombia, in order to provide effective surveillance

13 of airplane and ship traffic that departs from

14 the island.

15 (J) Improving the aircraft detection and

16 interception systems of Colombia, including the

17 purchase of aircraft detectors.

18 (K) Encouraging and participating in the

19 adoption of an Inter-American convention to

20 ban the establishment of a financial safe haven

21 in any country in the Western Hemisphere.

22 (2) That the Government of Colombia has ac23 complished the following:

24 (A) The reform of the penal code of Co25 lombia in order to increase penalties for drug
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1 traffickers and to remove opportunities for such

2 traffickers to enter into plea bargains.

3 (B) The creation of an effective investiga4 tion unit to detect and bring to prosecution in5 dividuals in Colombia who engage in corrupt ac6 tivities related to drugs.

7 (C) The enactment of legislation to imple8 ment the statute prohibiting money laundering

9 that was enacted by the Colombia legislature in

10 1994.

11 (D) The destruction of 44,000 hectares of

12 coca and poppy plants in Colombia by January

13 1, 1996.

14 (c) CERTIFICATION PROCEDURES FOR SUBSEQUENT

15 PERIOD.—Subject to section 7(a)(1), the sanctions de16 scribed in section 3 shall not apply to Colombia, and any

17 trade designations withdrawn or terminated under section

18 3(5) shall be reinstated with respect to Colombia, if the

19 President determines and certifies to the appropriate con20 gressional committees on February 6, 1997, the matters

21 set forth in subsection 6(b).

22 SEC. 5. DISCRETIONARY SANCTIONS.

23 (a) AUTHORITY.—The President may impose on Co24 lombia the sanctions described in section 4, or such other

25 sanctions as the President considers appropriate, if the
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1 President determines that the Government of Colombia is

2 not cooperating with the United States in counter-drug

3 activities in and with respect to Colombia.

4 (b) REQUIREMENTS FOR IMPOSITION.—The Presi5 dent shall impose sanctions under this section by transmit6 ting to the appropriate congressional committees a notice

7 of the imposition of the sanctions. The notice shall set

8 forth the sanctions imposed and the effective date of the

9 sanctions.

10 (c) TERMINATION OF SANCTIONS.—(1) Subject to

11 section 7(a)(2), sanctions imposed under this section shall

12 terminate 45 days after the date on which the President

13 transmits to the appropriate congressional committees the

14 determination and certification referred to in section 6(a).

15 (2) Upon the termination of sanctions under this sec16 tion, any trade designation withdrawn or terminated

17 under section 3(5) shall be reinstated with respect to Co18 lombia.

19 (d) EXPIRATION OF AUTHORITY.—The authority of

20 the President to impose sanctions under this section shall

21 expire on February 5, 1996.

22 SEC. 6. TERMINATION OF SANCTIONS.

23 (a) IN GENERAL.—(1) Subject to subsection (c) and

24 section 7(a)(2), the sanctions described in section 3 shall

25 terminate 45 days after the date on which the President
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1 determines and certifies to the appropriate congressional

2 committees the matters set forth in subsection (b).

3 (2) Upon the termination of sanctions under this sub4 section, any trade designation withdrawn or terminated

5 under section 3(5) shall be reinstated with respect to Co6 lombia.

7 (b) DETERMINATION.—The determination referred to

8 in subsection (a)(1) is the following:

9 (1) That the Government of Colombia continues

10 to make substantial progress with respect to the fol11 lowing matters:

12 (A) Investigating contributions by drug

13 traffickers to political parties in Colombia.

14 (B) Prosecuting the persons responsible

15 for illegal contributions to political parties and

16 campaigns.

17 (C) Providing funding for a sustainable al18 ternative development program to encourage

19 Colombia farmers to grow legal crops.

20 (D) Utilizing the law enforcement re21 sources of Colombia to investigate, capture,

22 convict, and imprison major drug lords in Co23 lombia and their accomplices.

24 (E) Implementing a reform of the penal

25 code of Colombia so as to punish and incarcer-
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1 ate drug traffickers and to terminate the avail2 ability of lenient plea bargains.

3 (F) Deploying an effective investigation

4 unit to detect and bring to prosecution individ5 uals in Colombia who engage in corrupt activi6 ties related to drugs.

7 (G) Implementing and funding fully a pro8 posed plan for the improvement of the adminis9 tration of the Ministry of Justice of Colombia.

10 (H) Acting effectively to confiscate profits

11 from activities relating to illegal drugs.

12 (I) Enforcing effectively the statute prohib13 iting money laundering that was enacted by the

14 Colombia legislature in 1994.

15 (J) Investing in technology to improve sur16 veillance of airports, waterways, and seaports in

17 Colombia and utilizing such technology.

18 (K) Improving the aircraft detection and

19 interception systems of Colombia and utilizing

20 such systems.

21 (L) Encouraging and participating in the

22 adoption of an Inter-American convention to

23 ban the establishment of a financial safe haven

24 in any country in the Western Hemisphere.
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1 (2) That the Government of Colombia has ac2 complished the following:

3 (A) The enactment of legislation to imple4 ment the United Nations Convention Against

5 Illicit Traffic in Narcotic Drugs and Psycho6 tropic Substances.

7 (B) The destruction of all remaining hec8 tares of illicit crops in Colombia.

9 (C) The construction of an installation for

10 the Colombia Coast Guard on San Andres Is11 land, Colombia, and in order to provide effective

12 surveillance of airplane and ship traffic that de13 parts from the island.

14 (c) DATE OF TRANSMITTAL.—The President shall

15 transmit the determination and certification described in

16 this section, if at all, not earlier than February 6, 1997.

17 SEC. 7. CONGRESSIONAL REVIEW.

18 (a) IN GENERAL.—

19 (1) REVIEW OF APPLICABILITY.—The sanctions

20 described in section 3 shall apply to Colombia not21 withstanding a determination of the President under

22 subsection (a) or (c) of section 4 if, within 45 days

23 after receipt of a certification under such subsection

24 (a) or (c), respectively, Congress enacts a joint reso25 lution disapproving the determination contained in
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1 such certification. The effective date of such sanc2 tions shall be the date on which Congress enacts a

3 joint resolution disapproving the determination con4 cerned.

5 (2) REVIEW OF TERMINATION.—The sanctions

6 described in section 3, and the sanctions authorized

7 by section 5, shall not terminate notwithstanding a

8 determination of the President under section 6(a) or

9 5(c), respectively, if, within 45 days after receipt of

10 a certification under such section 6(a) or 5(c), re11 spectively, Congress enacts a joint resolution dis12 approving the determination contained in such cer13 tification.

14 (b) PROCEDURES.—The procedures for the consider15 ation of a joint resolution disapproving a determination

16 under this section shall be governed by the procedures set

17 forth in section 490A(f)(2) of the Foreign Assistance Act

18 of 1961 (22 U.S.C. 2291k(f)(2)).

19 SEC. 8. RELATIONSHIP TO OTHER CERTIFICATION RE20 QUIREMENTS WITH RESPECT TO COLOMBIA.

21 In fiscal year 1996 and in any other fiscal year in

22 which sanctions are imposed on Colombia under this Act,

23 the President shall transmit the applicable determination

24 and certification under this Act in lieu of the determina25 tion and certification, if any, required with respect to Co-
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1 lombia in such fiscal year under section 490A of the For2 eign Assistance Act of 1961 (22 U.S.C. 2291k).

3 SEC. 9. REPORTS.

4 (a) REQUIREMENT.—Subject to subsection (b), the

5 Secretary of State shall submit to the appropriate congres6 sional committees a report on—

7 (1) the progress made by the Government of

8 Colombia in the matters set forth in paragraph (1)

9 of section 4(b); and

10 (2) the accomplishments of that government

11 with respect to the matters set forth in paragraph

12 (2) of that section.

13 (b) DATES OF SUBMITTAL.—The Secretary shall sub14 mit a report under this subsection not later than—

15 (1) September 1, 1995; and

16 (2) September 1 of each year thereafter until

17 the year following the year in which sanctions, if

18 any, on Colombia under this Act terminate.

19 SEC. 10. DEFINITIONS.

20 As used in this Act:

21 (1) APPROPRIATE COMMITTEES OF CON22 GRESS.—The term ‘‘appropriate committees of Con23 gress’’ means the Committee on Foreign Relations

24 of the Senate and the Committee on International

25 Relations of the House of Representatives.
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1 (2) DRUG.—The term ‘‘drug’’ refers to any

2 substance that, if subject to the jurisdiction of the

3 United States, would be a controlled substance with4 in the meaning of section 102(6) of the Controlled

5 Substances Act (21 U.S.C. 802(6)).

6 (3) DRUG TRAFFICKER.—The term ‘‘drug traf7 ficker’’ means any person who transports, transfers,

8 or otherwise disposes of illegal drugs, to another, as

9 consideration for anything of value, or makes or ob10 tains control of illegal drugs with the intent to so

11 transport, transfer, or dispose of.

12 (4) MULTILATERAL DEVELOPMENT BANKS.—

13 The term ‘‘multilateral development banks’’ includes

14 the International Bank for Reconstruction and De15 velopment, the International Development Associa16 tion, and the Inter-American Development Bank.

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