II

103D CONGRESS

2D SESSION S. 2027

To provide for the reinstatement of democracy in Haiti, the restoration

to office of the duly elected President of Haiti, Jean-Bertrand Aristide,

the end of human rights abuses against the Haitian people, support

for the implementation of the Governors Island Agreement, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 19 (legislative day, APRIL 11), 1994

Mr. DODD (for himself, Mr. HARKIN, Ms. MOSELEY-BRAUN, Mr. FEINGOLD,

Mr. WELLSTONE, and Mr. KERRY) introduced the following bill; which

was read twice and referred to the Committee on Foreign Relations

A BILL

To provide for the reinstatement of democracy in Haiti,

the restoration to office of the duly elected President

of Haiti, Jean-Bertrand Aristide, the end of human

rights abuses against the Haitian people, support for

the implementation of the Governors Island Agreement,

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.

4 This Act may be cited as the ‘‘Haitian Restoration

5 of Democracy Act of 1994’’.
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1 SEC. 2. STATEMENT OF UNITED STATES POLICY.

2 It is the policy of the United States to support the

3 restoration of democracy in Haiti and the return to office

4 of Jean-Bertrand Aristide, the duly elected President of

5 Haiti.

6 SEC. 3. CONGRESSIONAL STATEMENT.

7 (a) HUMAN RIGHTS OBSERVERS.—The Congress

8 strongly urges the President to take such steps as are nec9 essary to facilitate the return to Haiti of a full contingent

10 of human rights observers under the auspices of the Unit11 ed Nations or the Organization of American States.

12 (b) MULTINATIONAL BORDER PATROL.—Subject to

13 the request of the democratically elected President of

14 Haiti Jean-Bertrand Aristide, the Congress strongly urges

15 President Clinton to take all available measures to effect

16 the deployment of a multinational border patrol between

17 the Dominican Republic and Haiti which will be fully

18 equipped in terms of personnel and equipment to halt

19 cross-border violations of sanctions against Haiti imposed

20 by the United States and other countries.

21 (c) MULTILATERAL SOCIOECONOMIC AND PEACE22 KEEPING ASSISTANCE.—The Congress reaffirms the un23 wavering commitment of the United States to support

24 multilateral socioeconomic and peacekeeping assistance to

25 Haiti upon the return to power of the democratically elect-
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1 ed President of Haiti and the removal of Haiti’s military

2 high command.

3 SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.

4 (a) IN GENERAL.—Subject to subsection (b) and not5 withstanding any other provision of law, no officer or em6 ployee of the United States shall attempt, directly or indi7 rectly, to amend, reinterpret, or nullify the Governors Is8 land Agreement.

9 (b) EXCEPTION.—Subsection (a) shall not apply to

10 the October 30, 1993, deadline for the return to power

11 of the democratically elected President of Haiti, Jean12 Bertrand Aristide.

13 SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDIC14 TION AGREEMENT.

15 The President shall notify the Government of Haiti

16 immediately of the intention of the United States Govern17 ment to terminate the agreement between the United

18 States and Haiti relating to migrant interdiction effected

19 by the exchange of notes signed at Port-au-Prince on Sep20 tember 23, 1981 (33 U.S.T. 3559; T.I.A.S. 6577).

21 SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIRE22 MENT OF NONREFOULEMENT WITH RESPECT

23 TO HAITI.

24 (a) OBLIGATIONS OUTSIDE THE UNITED STATES.—

25 No officer or employee of the United States may return,
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1 cause to be returned, or affect the movement in any man2 ner which results in returning, to Haiti a national or ha3 bitual resident of Haiti, who is outside the territorial

4 boundaries of Haiti, without the individual’s consent, un5 less the President first determines, in a manner that incor6 porates procedural safeguards consistent with internation7 ally endorsed standards and guidelines, that such individ8 ual is not a refugee.

9 (b) OBLIGATIONS WITHIN THE TERRITORIAL WA10 TERS OF HAITI.—No officer or employee of the United

11 States may return, cause to be returned, or affect the

12 movement in any manner which results in returning, to

13 the land territory of Haiti a national or habitual resident

14 of Haiti, who is within the territorial waters of Haiti, with15 out the individual’s consent, unless the President first de16 termines, in a manner that incorporates procedural safe17 guards consistent with internationally endorsed standards

18 and guidelines, that if that individual were outside the ter19 ritorial boundaries of Haiti such individual would not be

20 a refugee.

21 (c) EXCEPTIONS.—The provisions of this section do

22 not apply to a national or habitual resident of Haiti if—

23 (1) such individual ordered, incited, assisted, or

24 otherwise participated in the persecution of any per25 son on account of race, religion, nationality, mem-
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1 bership in a particular social group, or political opin2 ion; or

3 (2) such individual, having been convicted by a

4 final judgment of an aggravated felony (as defined

5 in section 101(a)(43) of the Immigration and Na6 tionality Act), constitutes a danger to the commu7 nity of the United States.

8 (d) PROHIBITION ON USE OF FUNDS.—No funds

9 available to any department, agency, or other entity of the

10 United States Government may be used in violation of

11 subsection (a) or (b).

12 (e) REFUGEE DEFINED.—For purposes of this sec13 tion, the term ‘‘refugee’’ means a person who—

14 (1) is a refugee under Article 1 of the Conven15 tion Relating to the Status of Refugees (done at Ge16 neva, July 28, 1951), as applied under Article I of

17 the United National Protocol Relating to the Status

18 of Refugees (done at New York, January 31, 1967);

19 or

20 (2) is designated as a refugee for purposes of

21 Article 33 of the Convention Relating to the Status

22 of Refugees.

23 (f) RULE OF CONSTRUCTION.—Nothing in this sec24 tion may be construed—
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1 (1) to impose new obligations on the Govern2 ment of the United States in its treatment of nation3 als and habitual residents of Haiti at United States

4 diplomatic missions and consular posts in a foreign

5 country; or

6 (2) to constitute authority for conducting oper7 ations by the United States Government within the

8 territorial waters of Haiti or any other country.

9 SEC. 7. SANCTIONS AGAINST HAITI.

10 (a) PROHIBITING ASSISTANCE AND CERTAIN OTHER

11 TRANSACTIONS INVOLVING HAITI.—(1) The following are

12 prohibited:

13 (A) The grant or extension of credits or loans

14 by any United States person to the unelected mili15 tary rulers of Haiti, its instrumentalities, and con16 trolled entities.

17 (B) The importation into the United States of

18 any goods or services of Haitian origin other than

19 publications and material imported for news publica20 tions or news broadcast dissemination.

21 (C) The exportation to Haiti of any goods, tech22 nology (including technical data or other informa23 tion), or services from the United States, except

24 publications, food, medicine, medical supplies, and
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1 donations of articles intended to relieve human suf2 fering such as clothing and temporary housing.

3 (D) The purchase by any United States person

4 of any goods for export from Haiti to any country.

5 (E) The performance by any United States per6 son of any contract in support of an industrial or

7 other commercial or governmental project in Haiti.

8 (2) Compliance with the export sanctions of this sub9 section shall be carried out in accordance with section 12

10 of the Export Administration Act of 1979 and a violation

11 of any such section shall be considered to be a violation

12 of such Act for purposes of section 11 of such Act (relat13 ing to the imposition of criminal and civil penalties).

14 (b) PROHIBITION OF CERTAIN AIR TRANSPORT IN15 VOLVING HAITI.—The following are prohibited:

16 (1) Any transaction by a United States person

17 relating to air transportation to or from Haiti.

18 (2) The provision of transportation to or from

19 the United States by aircraft of Haitian registration.

20 (3) The sale in the United States by any person

21 holding authority under the Federal Aviation Act of

22 1958 of any transportation by air which includes

23 any stop in Haiti.

24 (c) SANCTIONS AGAINST OTHER COUNTRIES.—(1) If

25 the President determines that a foreign country is not co-
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1 operating with United States sanctions against Haiti

2 under this Act or with applicable sanctions against Haiti

3 imposed by the United Nations and the Organization of

4 American States, effective 60 days after such determina5 tion no United States assistance may be provided to such

6 foreign country.

7 (2) If the President makes a determination under

8 paragraph (1)—

9 (A) the President shall impose at least one

10 other penalty or sanction which the President con11 siders to be appropriate under the International

12 Emergency Economic Powers Act; and

13 (B) the President may impose such other sanc14 tions and penalties under the International Emer15 gency Economic Powers Act as the President consid16 ers appropriate.

17 (3) For the purpose of this subsection, the term

18 ‘‘United States assistance’’ means assistance of any kind

19 which is provided by grant, sale, loan, lease, credit, guar20 anty, or insurance, or by any other means, by any agency

21 or instrumentality of the United States Government, in22 cluding—

23 (A) assistance under the Foreign Assistance

24 Act of 1961; and
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1 (B) sales, credits, and guaranties under the

2 Arms Export Control Act.

3 (d) SANCTIONS BY OTHER COUNTRIES.—The Presi4 dent shall direct the United States Permanent Represent5 ative to the United Nations to assume a leadership role

6 within the United Nations Security Council to ensure that

7 sanctions against Haiti unilaterally imposed by the United

8 States under this Act are adopted by the international

9 community.

10 (e) TERMINATION OF SANCTIONS.—The provisions of

11 this section shall terminate on the date the President cer12 tifies to the Congress that the democratically elected

13 President of Haiti has been reinstated and Haiti’s military

14 high command has met its obligations under the Gov15 ernors Island Agreement.

16 (f) DEFINITION.—For purposes of this section, the

17 term ‘‘United States person’’ means any United States

18 resident or national (other than an individual resident out19 side the United States and employed by other than a Unit20 ed States person), any domestic concern (including any

21 permanent domestic establishment of any foreign con22 cern), and any foreign subsidiary or affiliate (including

23 any permanent foreign establishment) of any domestic

24 concern which is controlled in fact by such domestic con25 cern, as determined under regulations of the President.
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1 SEC. 8. TEMPORARY PROTECTED STATUS FOR HAITIANS.

2 (a) IN GENERAL.—Haiti shall be deemed to be a des3 ignated foreign state for purposes of section 244A(b) of

4 the Immigration and Nationality Act (8 U.S.C. 1254a(b)),

5 subject to the provisions of this section.

6 (b) ELIGIBLE HAITIANS.—Any alien—

7 (1) who is a national of Haiti and is present in

8 the United States or in the custody or control of the

9 United States (including Guantanamo Bay, Cuba,

10 and any other vessel or facility of the United States

11 Government) at any time during the period de12 scribed in subsection (c) of this section;

13 (2) who is not an alien designated under section

14 9(b) or 10(b) of this Act;

15 (3) who meets the requirements of section

16 244A(c)(1)(A)(iii) of the Immigration and National17 ity Act; and

18 (4) who, during the period described in sub19 section (c) of this section, registers for temporary

20 protected status to the extent and in a manner

21 which the Attorney General establishes,

22 shall be granted temporary protected status for the dura23 tion of that period in accordance with section 244A(a)(1)

24 of the Immigration and Nationality Act to the extent that

25 such section is not inconsistent with this section.
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1 (c) PERIOD OF DESIGNATION.—The designation pur2 suant to subsection (a) shall be in effect during the period

3 beginning on the date of enactment of this Act and ending

4 on the date on which the President certifies to the Con5 gress that the democratically elected President of Haiti

6 has been reinstated and Haiti’s military high command

7 has met its obligations under the Governors Island Agree8 ment. Subsections (b)(2) and (b)(3) of section 244A of

9 the Immigration and Nationality Act shall not apply with

10 respect to the designation pursuant to subsection (a) of

11 this section.

12 SEC. 9. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS

13 AND EXCLUDED FROM ADMISSION.

14 (a) EXCLUSION.—During the period specified in sub15 section (c), an alien designated under subsection (b) shall

16 be ineligible to receive any visa and shall be excluded from

17 admission into the United States.

18 (b) DESIGNATED ALIEN.—An alien designated under

19 this subsection is any alien who—

20 (1) is a national of Haiti; and

21 (2)(A) is a member of the Haitian military;

22 (B) provided financial or other material support

23 for, or directly assisted, the military coup of Septem24 ber 30, 1991, which overthrew the democratically
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1 elected Haitian Government of President Jean2 Bertrand Aristide;

3 (C) provided financial or other material support

4 for, or directly participated in, terrorist acts against

5 the Haitian people during any period after such

6 coup; or

7 (D) contributed to the obstruction of United

8 Nations Security Council Resolutions 841 and 843

9 (1993), the Governors Island Agreement, or the ac10 tivities of the United Nations mission in Haiti.

11 (c) PERIOD OF EXCLUSION.—The period of exclusion

12 specified in this subsection begins on the date of the enact13 ment of this Act and ends on the date on which the Presi14 dent certifies to the Congress that the democratically

15 elected President of Haiti has been reinstated and Haiti’s

16 military high command has met its obligations under the

17 Governors Island Agreement.

18 SEC. 10. BLOCKING OF ASSETS OF CERTAIN HAITIANS.

19 (a) BLOCKING OF ASSETS.—During the period speci20 fied in subsection (c), all property and interests in prop21 erty of aliens designated under subsection (b) that are in

22 the United States, that hereafter come within the United

23 States, or that are or hereafter come within the possession

24 or control of United States persons (including overseas

25 branches of United States persons), are blocked.
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1 (b) DESIGNATED ALIEN.—An alien designated under

2 this subsection is any alien who—

3 (1) is a national of Haiti; and

4 (2)(A) is a member of the Haitian military;

5 (B) provided financial or other material support

6 for, or directly assisted, the military coup of Septem7 ber 30, 1991, which overthrew the democratically

8 elected Haitian Government of President Jean9 Bertrand Aristide;

10 (C) provided financial or other material support

11 for, or directly participated in, terrorist acts against

12 the Haitian people during any period after such

13 coup; or

14 (D) contributed to the obstruction of United

15 Nations Security Council Resolutions 841 and 843

16 (1993), the Governors Island Agreement, or the ac17 tivities of the United Nations mission in Haiti.

18 (c) PERIOD OF BLOCKED ASSETS.—The period of

19 blocked assets specified in subsection (a) begins on the

20 date of the enactment of this Act and ends on the date

21 on which the President certifies to the Congress that the

22 democratically elected President of Haiti has been rein23 stated and Haiti’s military high command has met its obli24 gations under the Governors Island Agreement.
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1 SEC. 11. DEFINITION.

2 For purposes of this Act, the term ‘‘Governors Island

3 Agreement’’ refers to the Agreement of Governors Island

4 between the President of the Republic of Haiti and the

5 Commander-in-Chief of the Armed Forces of Haiti, signed

6 July 3, 1993.

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