103D CONGRESS

2D SESSION S. 2042

AN ACT

To remove the United States arms embargo of the

Government of Bosnia and Herzegovina.
103D CONGRESS

2D SESSION S. 2042

AN ACT

To remove the United States arms embargo of the

Government of Bosnia and Herzegovina.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. UNITED STATES ARMS EMBARGO OF THE GOV2 ERNMENT OF BOSNIA AND HERZEGOVINA.

3 (a) PROHIBITION.—Neither the President nor any

4 other member of the Executive Branch of the United

5 States Government shall interfere with the transfer of

6 arms to the Government of Bosnia and Herzegovina.

7 (b) TERMINATION.—The President shall terminate

8 the United States arms embargo of the Government of

9 Bosnia and Herzegovina upon receipt from that govern10 ment of a request for assistance in exercising its right of

11 self-defense under Article 51 of the United Nations Char12 ter.

13 (c) DEFINITION.—As used in this section, the term

14 ‘‘United States arms embargo of the Government of

15 Bosnia and Herzegovina’’ means the application to the

16 Government of Bosnia and Herzegovina of—

17 (1) the policy adopted July 10, 1991, and pub18 lished in the Federal Register of July 19, 1991 (58

19 Fed. Reg. 33322), under the heading ‘‘Suspension of

20 Munitions Export Licenses to Yugoslavia’’; and

21 (2) any similar policy being applied by the

22 United States Government as of the date of receipt

23 of the request described in subsection (a) pursuant

24 to which approval is routinely denied for transfers of

25 defense articles and defense services to the former

26 Yugoslavia.
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1 (d) Nothing in this section shall be interpreted as au2 thorization for deployment of United States forces in the

3 territory of Bosnia and Herzegovina for any purpose, in4 cluding training, support or delivery of military equip5 ment.

6 SEC. 2. UNITED STATES ARMS EMBARGO OF THE GOVERN7 MENT OF BOSNIA AND HERZEGOVINA.

8 (a) PROHIBITION.—Neither the President nor any

9 other member of the Executive Branch of the United

10 States Government shall interfere with the transfer of con11 ventional arms appropriate to the self-defense needs of the

12 Government of Bosnia and Herzegovina.

13 (b) TERMINATION.—The President shall terminate

14 the United States arms embargo of the Government of

15 Bosnia and Herzegovina upon receipt from that govern16 ment of a request for assistance in exercising its right of

17 self-defense under Article 51 of the United Nations Char18 ter.

19 (c) DEFINITION.—As used in this section, the term

20 ‘‘United States arms embargo of the Government of

21 Bosnia and Herzegovina’’ means the application to the

22 Government of Bosnia and Herzegovina of—

23 (1) the policy adopted July 10, 1991, and pub24 lished in the Federal Register of July 19, 1991 (58
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1 Fed Reg. 33322) under the heading ‘‘Suspension of

2 Munitions Export Licenses to Yugoslavia’’; and

3 (2) any similar policy being applied by the

4 United States Government as of the date of receipt

5 of the request described in subsection (a) pursuant

6 to which approval is routinely denied for transfers of

7 defense articles and defense services to the former

8 Yugoslavia.

9 (d) Nothing in this section shall be interpreted as au10 thorization for deployment of United States forces in the

11 territory of Bosnia and Herzegovina for any purpose, in12 cluding training, support or delivery of military equip13 ment.

14 SEC. 3. APPROVE AND AUTHORIZE USE OF UNITED STATES

15 AIRPOWER TO IMPLEMENT NATO EXCLUSION

16 ZONES.

17 (a) PURPOSE.—To approve and authorize the use of

18 United States airpower to implement the North Atlantic

19 Treaty Organization (NATO) exclusion zones around

20 United Nations designated safe areas in Bosnia and

21 Herzegovina and to protect United Nations forces.

22 (b) FINDINGS.—The Congress makes the following

23 findings:
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1 (1) the war in the Republic of Bosnia and

2 Herzegovina has claimed tens of thousands of lives

3 and displaced more than two million citizens;

4 (2) the Senate supports as a policy objective a

5 peace settlement that provides for an economically,

6 politically and militarily viable Bosnian state, capa7 ble of exercising its rights under the United Nations

8 Charter;

9 (3) United Nations Security Council Resolu10 tions 836 and 844 call on member states, acting na11 tionally or through regional organizations, to take all

12 necessary measures to deter attacks against safe

13 areas identified in Security Council resolution 824.

14 (4) On February 9, 1994 the North Atlantic

15 Council authorized the use of air strikes to end the

16 siege of Sarajevo and on April 22, 1994 to end the

17 siege of Gorazde and to respond to attacks on the

18 safe areas of Bihac, Srebrenica, Tuzla or Zepa or to

19 the threatening presence of heavy weapons within a

20 radius of 20 kilometers of those areas (within

21 Bosnia and Herzegovina);

22 (5) The Congress in the fiscal year 1994 State

23 Department authorization bill expressed its sense

24 that the President should terminate the United
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1 States arms embargo on the Government of Bosnia

2 and Herzegovina.

3 (c) POLICY.—

4 (1) The Senate authorizes and approves the de5 cision by the President to join with our NATO allies

6 in implementing the North Atlantic Council deci7 sions—

8 (A) of June 10, 1993 to support and pro9 tect UNPROFOR forces in and around United

10 Nations designated safe areas, and

11 (B) of February 9, 1994 to use NATO’s

12 airpower in the Sarajevo region of Bosnia and

13 Herzegovina, and

14 (C) of April 22, 1994 to authorize

15 CINCSOUTH to conduct air strikes against

16 Bosnian Serb heavy weapons and other military

17 targets within a 20 kilometers radius of the

18 center of Gorazde, and Bihac, Srebrenica, Tuzla

19 or Zepa (within the territory of Bosnia and

20 Herzegovina) if these safe areas are attacked or

21 threatened by Bosnian Serb heavy weapons.

22 (2) The Congress favors the termination of the

23 arms embargo against the Government of Bosnia

24 and Herzegovina. The President shall seek imme25 diately the agreement of NATO allies to terminate
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1 the international arms embargo on the Government

2 of Bosnia and Herzegovina. In accordance with Ad3 ministration policy following such consultations the

4 President or his representative shall promptly pro5 pose or support a resolution in the United Nations

6 Security Council to terminate the international arms

7 embargo on Bosnia and Herzegovina. If the Security

8 Council fails to pass such a resolution the President

9 shall within 5 days consult with Congress regarding

10 unilateral termination of the arms embargo on the

11 Government of Bosnia and Herzegovina. Upon ter12 mination of the international embargo the President

13 shall ensure that, subject to the regular notification

14 procedures of the appropriate congressional commit15 tees, appropriate military assistance be provided ex16 peditiously to Bosnia and Herzegovina upon receipt

17 from that government of such a request in exercising

18 its right of self-defense.

19 (3) Unless previously authorized by the Con20 gress no United States ground combat forces should

21 be deployed in Bosnia and Herzegovina. Any request

22 by the President for such authorization should in23 clude:
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1 (A) an explanation of the United States in2 terests involved in such commitments or ac3 tions;

4 (B) the specific objectives of the commit5 ments or actions;

6 (C) the likely duration of the operation;

7 (D) the size, composition, command and

8 control arrangements, rules of engagement, con9 tributions of allied nations, and other details of

10 the force needed to meet the objectives;

11 (E) specific measurements of success, par12 ticularly the end point of the United States in13 volvement, and what follow-on security arrange14 ments would be needed; and

15 (F) an estimate of financial costs, includ16 ing burdensharing arrangements, and non-fi17 nancial costs as can be determined.

18 (4) Nothing in this legislation restricts the pre19 rogative of Congress to review the arms embargo on

20 Bosnia and Herzegovina.

Passed the Senate May 12 (legislative day, May 2),

1994.

Attest:

Secretary.