II

105TH CONGRESS

1ST SESSION S. 1413

To provide a framework for consideration by the legislative and executive

branches of unilateral economic sanctions.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. LUGAR (for himself, Mr. HAGEL, Mr. ROBERTS, Mr. THOMAS, Mr.

GRAMS, Mr. KERREY, Mrs. FEINSTEIN, and Mr. CHAFEE) introduced the

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

Foreign Relations

A BILL

To provide a framework for consideration by the legislative

and executive branches of unilateral economic sanctions.

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 ‘‘Enhancement of

5 Trade, Security, and Human Rights through Sanctions

6 Reform Act’’.
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1 SEC. 2. PURPOSE.

2 It is the purpose of this Act to establish an effective

3 framework for consideration by the legislative and execu4 tive branches of unilateral economic sanctions.

5 SEC. 3. STATEMENT OF POLICY.

6 It is the policy of the United States—

7 (1) to pursue United States interests through

8 vigorous and effective diplomatic, political, commer9 cial, charitable, educational, cultural, and strategic

10 engagement with other countries, while recognizing

11 that the national security interests of the United

12 States may sometimes require the imposition of eco13 nomic sanctions on other countries;

14 (2) to foster multilateral cooperation on vital

15 matters of United States foreign policy, including

16 promoting human rights and democracy, combating

17 international terrorism, proliferation of weapons of

18 mass destruction, and international narcotics traf19 ficking, and ensuring adequate environmental pro20 tection;

21 (3) to promote United States economic growth

22 and job creation by expanding exports of goods,

23 services, and agricultural commodities, and by en24 couraging investment that supports the sale abroad

25 of products and services of the United States;
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1 (4) to maintain the reputation of United States

2 businesses and farmers as reliable suppliers to inter3 national customers of quality products and services,

4 including United States manufactures, technology

5 products, financial services, and agricultural com6 modities;

7 (5) to avoid the use of restrictions on exports

8 of agricultural commodities as a foreign policy weap9 on;

10 (6) to oppose policies of other countries de11 signed to discourage economic interaction with coun12 tries friendly to the United States or with any Unit13 ed States national, and to avoid use of such meas14 ures as instruments of United States foreign policy;

15 and

16 (7) when economic sanctions are necessary—

17 (A) to target them as narrowly as possible

18 on those foreign governments, entities, and offi19 cials that are responsible for the conduct being

20 targeted, thereby minimizing unnecessary or

21 disproportionate harm to individuals who are

22 not responsible for such conduct; and

23 (B) to the extent feasible, to avoid any ad24 verse impact of economic sanctions on the hu25 manitarian activities of United States and for-
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1 eign nongovernmental organizations in a coun2 try against which sanctions are imposed.

3 SEC. 4. DEFINITIONS.

4 As used in this Act:

5 (1) UNILATERAL ECONOMIC SANCTION.—

6 (A) IN GENERAL.—The term ‘‘unilateral

7 economic sanction’’ means any restriction or

8 condition on economic activity with respect to a

9 foreign country or foreign entity that is im10 posed by the United States for reasons of for11 eign policy or national security, including any of

12 the measures described in subparagraph (B),

13 except in a case in which the United States im14 poses the measure pursuant to a multilateral

15 regime and the other members of that regime

16 have agreed to impose substantially equivalent

17 measures.

18 (B) PARTICULAR MEASURES.—The meas19 ures referred to in subparagraph (A) are the

20 following:

21 (i) The suspension, restriction, or pro22 hibition of exports or imports of any prod23 uct, technology, or service to or from a for24 eign country or entity.
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1 (ii) The suspension of, or any restric2 tion or prohibition on, financial trans3 actions with a foreign country or entity.

4 (iii) The suspension of, or any restric5 tion or prohibition on, direct or indirect in6 vestment in or from a foreign country or

7 entity.

8 (iv) The imposition of increased tar9 iffs on, or other restrictions on imports of,

10 products of a foreign country or entity, in11 cluding the denial, revocation, or condi12 tioning of nondiscriminatory (most-fa13 vored-nation) trade treatment.

14 (v) The suspension of, or any restric15 tion or prohibition on—

16 (I) the authority of the Export17 Import Bank of the United States to

18 give approval to the issuance of any

19 guarantee, insurance, or extension of

20 credit in connection with the export of

21 goods or services to a foreign country

22 or entity;

23 (II) the authority of the Trade

24 and Development Agency to provide

25 assistance in connection with projects
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1 in a foreign country or in which a

2 particular foreign entity participates;

3 or

4 (III) the authority of the Over5 seas Private Investment Corporation

6 to provide insurance, reinsurance, fi7 nancing, or conduct other activities in

8 connection with projects in a foreign

9 country or in which a particular for10 eign entity participates.

11 (vi) A requirement that the United

12 States representative to an international fi13 nancial institution vote against any loan or

14 other utilization of funds to, for, or in a

15 foreign country or particular foreign entity.

16 (vii) A measure imposing any restric17 tion or condition on economic activity on

18 any foreign government or entity on the

19 ground that such government or entity

20 does business in or with a foreign country.

21 (viii) A measure imposing any restric22 tion or condition on economic activity on

23 any person that is a national of a foreign

24 country, or on any government or other en25 tity of a foreign country, on the ground
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1 that the government of that country has

2 not taken measures in cooperation with, or

3 similar to, sanctions imposed by the Unit4 ed States on a third country.

5 (ix) The suspension of, or any restric6 tion or prohibition on, travel rights or air

7 transportation to or from a foreign coun8 try.

9 (x) Any restriction on the filing or

10 maintenance in a foreign country of any

11 proprietary interest in intellectual property

12 rights (including patents, copyrights, and

13 trademarks), including payment of patent

14 maintenance fees.

15 (C) MULTILATERAL REGIME.—As used in

16 this paragraph, the term ‘‘multilateral regime’’

17 means an agreement, arrangement, or obliga18 tion under which the United States cooperates

19 with other countries in restricting commerce for

20 reasons of foreign policy or national security,

21 including—

22 (i) obligations under resolutions of the

23 United Nations;

24 (ii) nonproliferation and export con25 trol arrangements, such as the Australia
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1 Group, the Nuclear Supplier’s Group, the

2 Missile Technology Control Regime, and

3 the Wassenaar Arrangement;

4 (iii) treaty obligations, such as under

5 the Chemical Weapons Convention, the

6 Treaty on the Non-Proliferation of Nuclear

7 Weapons, and the Biological Weapons Con8 vention; and

9 (iv) agreements concerning protection

10 of the environment, such as the Inter11 national Convention for the Conservation

12 of Atlantic Tunas, the Declaration of Pan13 ama referred to in section 2(a)(1) of the

14 International Dolphin Conservation Act

15 (16 U.S.C. 1361 note), the Convention on

16 International Trade in Endangered Spe17 cies, the Montreal Protocol on Substances

18 that Deplete the Ozone Layer, and the

19 Basel Convention on the Control of

20 Transboundary Movements of Hazardous

21 Wastes.

22 (D) FINANCIAL TRANSACTION.—As used

23 in this paragraph, the term ‘‘financial trans24 action’’ has the meaning given that term in sec25 tion 1956(c)(4) of title 18, United States Code.
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1 (E) INVESTMENT.—As used in this para2 graph, the term ‘‘investment’’ means any con3 tribution or commitment of funds, commodities,

4 services, patents, or other forms of intellectual

5 property, processes, or techniques, including—

6 (i) a loan or loans;

7 (ii) the purchase of a share of owner8 ship;

9 (iii) participation in royalties, earn10 ings, or profits; and

11 (iv) the furnishing or commodities or

12 services pursuant to a lease or other con13 tract.

14 (F) EXCLUSIONS.—The term ‘‘unilateral

15 economic sanction’’ does not include—

16 (i) any measure imposed to remedy

17 unfair trade practices or to enforce United

18 States rights under a trade agreement, in19 cluding under section 337 of the Tariff Act

20 of 1930, title VII of that Act, title III of

21 the Trade Act of 1974, sections 1374 and

22 1377 of the Omnibus Trade and Competi23 tiveness Act of 1988 (19 U.S.C. 3103 and

24 3106), and section 3 of the Act of March

25 3, 1933 (41 U.S.C. 10b–1);
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1 (ii) any measure imposed to remedy

2 market disruption or to respond to injury

3 to a domestic industry for which increased

4 imports are a substantial cause or threat

5 thereof, including remedies under sections

6 201 and 406 of the Trade Act of 1974,

7 and textile import restrictions (including

8 those imposed under section 204 of the

9 Agricultural Act of 1956 (7 U.S.C. 1784));

10 (iii) any action taken under title IV of

11 the Trade Act of 1974, including the en12 actment of a joint resolution under section

13 402(d)(2) of that Act;

14 (iv) any measure imposed to restrict

15 imports of agricultural commodities to pro16 tect food safety or to ensure the orderly

17 marketing of commodities in the United

18 States, including actions taken under sec19 tion 22 of the Agricultural Adjustment Act

20 (7 U.S.C. 624);

21 (v) any measure imposed to restrict

22 imports of any other products in order to

23 protect domestic health or safety;

24 (vi) any measure authorized by, or im25 posed under, a multilateral or bilateral
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1 trade agreement to which the United

2 States is a signatory, including the Uru3 guay Round Agreements, the North Amer4 ican Free Trade Agreement, the United

5 States-Israel Free Trade Agreement, and

6 the United States-Canada Free Trade

7 Agreement; and

8 (vii) any export control imposed on

9 any item on the United States Munitions

10 List.

11 (2) NATIONAL EMERGENCY.—The term ‘‘na12 tional emergency’’ means any unusual or extraor13 dinary threat, which has its source in whole or sub14 stantial part outside the United States, to the na15 tional security, foreign policy, or economy of the

16 United States.

17 (3) AGRICULTURAL COMMODITY.—The term

18 ‘‘agricultural commodity’’ has the meaning given

19 that term in section 102(1) of the Agricultural

20 Trade Act of 1978 (7 U.S.C. 5602(1)).

21 (4) APPROPRIATE COMMITTEES.—The term

22 ‘‘appropriate committees’’ means the Committee on

23 Agriculture, the Committee on International Rela24 tions, the Committee on Ways and Means, and the

25 Committee on Banking and Financial Services of the
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1 House of Representatives, and the Committee on

2 Agriculture, Nutrition, and Forestry, the Committee

3 on Finance, and the Committee on Foreign Rela4 tions of the Senate.

5 (5) CONTRACT SANCTITY.—The term ‘‘contract

6 sanctity’’, with respect to a unilateral economic

7 sanction, refers to the inapplicability of the sanction

8 to—

9 (A) a contract or agreement entered into

10 before the sanction is imposed, or to a valid ex11 port license or other authorization to export;

12 and

13 (B) actions taken to enforce the right to

14 maintain intellectual property rights, in the for15 eign country against which the sanction is im16 posed, which existed before the imposition of

17 the sanction.

18 SEC. 5. GUIDELINES FOR UNILATERAL ECONOMIC SANC19 TIONS LEGISLATION.

20 Any bill or joint resolution that imposes any unilat21 eral economic sanction, or authorizes the imposition of any

22 unilateral economic sanction by the executive branch, and

23 is considered by the House of Representatives or the Sen24 ate, should—
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1 (1) state the foreign policy or national security

2 objective or objectives of the United States that the

3 economic sanction is intended to achieve;

4 (2) provide that the economic sanction termi5 nate 2 years after it is imposed, unless specifically

6 reauthorized by Congress;

7 (3) provide for contract sanctity;

8 (4) provide authority for the President both to

9 adjust the timing and scope of the sanction and to

10 waive the sanction, if the President determines it is

11 in the national interest to do so;

12 (5)(A) target the sanction as narrowly as pos13 sible on foreign governments, entities, and officials

14 that are responsible for the conduct being targeted;

15 and

16 (B) seek to minimize any adverse impact on the

17 humanitarian activities of United States and foreign

18 nongovernmental organizations in any country

19 against which the sanction may be imposed; and

20 (6) provide, to the extent that the Secretary of

21 Agriculture or the Congressional Budget Office finds

22 that—

23 (A) the proposed sanction is likely to re24 strict exports of any agricultural commodity or

25 is likely to result in retaliation against exports
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1 of any agricultural commodity from the United

2 States, and

3 (B) the sanction is proposed to be im4 posed, or is likely to be imposed, on a country

5 or countries that constituted, in the preceding

6 calendar year, the market for more than 3 per7 cent of all export sales from the United States

8 of an agricultural commodity,

9 that the Secretary of Agriculture expand agricultural

10 export assistance under United States market devel11 opment, food assistance, or export promotion pro12 grams to offset the likely damage to incomes of pro13 ducers of the affected agricultural commodity or

14 commodities, to the maximum extent permitted by

15 the obligations of the United States under the

16 Agreement on Agriculture referred to in section

17 101(d)(2) of the Uruguay Round Agreements Act

18 (19 U.S.C. 3511(d)(2)).

19 SEC. 6. REQUIREMENTS FOR BILL OR JOINT RESOLUTION.

20 (a) PUBLIC COMMENT.—Before considering a bill or

21 joint resolution that imposes any unilateral economic sanc22 tion, or authorizes the imposition of any unilateral eco23 nomic sanction by the executive branch, the committee of

24 primary jurisdiction shall publish a notice which provides

25 an opportunity for interested members of the public to
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1 submit comments to the committee on the proposed sanc2 tion.

3 (b) WHEN REPORTS REQUESTED.—The committee

4 of primary jurisdiction that orders reported a bill or joint

5 resolution described in section 5 shall timely request from

6 the President and the Secretary of Agriculture the reports

7 identified in subsection (c). Each such report that has

8 been timely submitted prior to the filing of the committee

9 report accompanying the bill or joint resolution shall be

10 included in the committee report. The committee report

11 shall also contain, if the bill or joint resolution does not

12 meet any of the guidelines specified in paragraphs (1)

13 through (6) of section 5, an explanation of why it does

14 not.

15 (c) REPORTS.—

16 (1) REPORT BY THE PRESIDENT.—The Presi17 dent’s report to Congress under subsection (b) shall

18 contain—

19 (A) an assessment of—

20 (i) the likelihood that the proposed

21 unilateral economic sanction will achieve

22 its stated objective within a reasonable pe23 riod of time; and

24 (ii) the impact of the proposed unilat25 eral economic sanction on—
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1 (I) humanitarian conditions, in2 cluding the impact on conditions in

3 any specific countries on which the

4 sanction is proposed to be or may be

5 imposed;

6 (II) humanitarian activities of

7 United States and foreign nongovern8 mental organizations;

9 (III) relations with United States

10 allies;

11 (IV) other United States national

12 security and foreign policy interests;

13 and

14 (V) countries and entities other

15 than those on which the sanction is

16 proposed to be or may be imposed;

17 (B) a description and assessment of—

18 (i) diplomatic and other steps the

19 United States has taken to accomplish the

20 intended objectives of the unilateral sanc21 tion legislation;

22 (ii) the likelihood of multilateral adop23 tion of comparable measures;

24 (iii) comparable measures undertaken

25 by other countries;
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1 (iv) alternative measures to promote

2 the same objectives, and an assessment of

3 their potential effectiveness;

4 (v) any obligations of the United

5 States under international treaties or trade

6 agreements with which the proposed sanc7 tion may conflict;

8 (vi) the likelihood that the proposed

9 sanction will lead to retaliation against

10 United States interests, including agricul11 tural interests; and

12 (vii) whether the achievement of the

13 objectives of the proposed sanction out14 weighs any likely costs to United States

15 foreign policy, national security, economic,

16 and humanitarian interests, including any

17 potential harm to United States business,

18 agriculture, and consumers, and any poten19 tial harm to the international reputation of

20 the United States as a reliable supplier of

21 products, technology, agricultural commod22 ities, and services.

23 (2) REPORT BY THE SECRETARY OF AGRI24 CULTURE.—The Secretary of Agriculture shall sub-
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1 mit to the appropriate committees a report which

2 shall contain an assessment of—

3 (A) the extent to which any country or

4 countries proposed to be sanctioned or likely to

5 be sanctioned are markets that accounted for,

6 in the preceding calendar year, more than 3

7 percent of all export sales from the United

8 States of any agricultural commodity;

9 (B) the likelihood that exports of agricul10 tural commodities from the United States will

11 be affected by the proposed sanction or by re12 taliation by any country proposed to be sanc13 tioned or likely to be sanctioned, and specific

14 commodities which are most likely to be af15 fected;

16 (C) the likely effect on incomes of produc17 ers of the specific commodities identified by the

18 Secretary;

19 (D) the extent to which the proposed sanc20 tion would permit foreign suppliers to replace

21 United States suppliers; and

22 (E) the likely effect of the proposed sanc23 tion on the reputation of United States farmers

24 as reliable suppliers of agricultural commodities
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1 in general, and of the specific commodities iden2 tified by the Secretary.

3 (3) FEDERAL PRIVATE SECTOR MANDATE.—

4 (A) IN GENERAL.—Any bill or joint resolu5 tion that imposes any unilateral economic sanc6 tion described in section 5 shall be considered

7 to include a Federal private sector mandate for

8 purposes of part B of title IV of the Congres9 sional Budget Act of 1974.

10 (B) REPORT BY THE CONGRESSIONAL

11 BUDGET OFFICE.—The report by the Congres12 sional Budget Office pursuant to subparagraph

13 (A) shall include an assessment of the likely

14 short-term and long-term costs of the proposed

15 sanction to the United States economy, includ16 ing the potential impact on United States trade

17 performance, employment, and growth, the

18 international reputation of the United States as

19 a reliable supplier of products, agricultural

20 commodities, technology, and services, and the

21 economic well-being and international competi22 tive position of United States industries, firms,

23 workers, farmers, and communities.
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1 SEC. 7. REQUIREMENTS FOR EXECUTIVE ACTION.

2 (a) IN GENERAL.—The President may implement a

3 unilateral economic sanction under any provision of law

4 not less than 60 days after announcing his intention to

5 do so.

6 (b) CONSULTATION.—The President shall consult

7 with the appropriate committees regarding the proposed

8 unilateral economic sanction, including consultations re9 garding efforts to achieve or increase multilateral coopera10 tion on the issues or problems prompting the proposed

11 sanction.

12 (c) PUBLIC HEARINGS; RECORD.—The President

13 shall publish a notice in the Federal Register of the oppor14 tunity for interested persons to submit comments on the

15 proposed unilateral economic sanction.

16 (d) GUIDELINES FOR EXECUTIVE BRANCH SANC17 TIONS.—Any unilateral economic sanction imposed by the

18 President—

19 (1) shall—

20 (A) include a clear finding that the sanc21 tion is likely to achieve a specific United States

22 foreign policy or national security objective

23 within a reasonable period of time, which shall

24 be specified, and that the achievement of the

25 objectives of the sanction outweighs any costs

26 to United States national interests;
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1 (B) provide for contract sanctity;

2 (C) terminate not later than 2 years after

3 the sanction is imposed, unless specifically ex4 tended by the President in accordance with the

5 procedures of this section;

6 (D)(i) be targeted as narrowly as possible

7 on foreign governments, entities, and officials

8 that are responsible for the conduct being tar9 geted; and

10 (ii) seek to minimize any adverse impact

11 on the humanitarian activities of United States

12 and foreign nongovernmental organizations in a

13 country against which the sanction may be im14 posed; and

15 (2) should provide, to the extent that the Sec16 retary of Agriculture finds that—

17 (A) a unilateral economic sanction is likely

18 to restrict exports of any agricultural commod19 ity from the United States or is likely to risk

20 retaliation against exports of any agricultural

21 commodity from the United States, and

22 (B) the sanction is proposed to be im23 posed, or is likely to be imposed, on a country

24 or countries that constituted, in the preceding

25 calendar year, the market for more than 3 per-
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1 cent of all export sales from the United States

2 of an agricultural commodity,

3 that the Secretary of Agriculture expand agricultural

4 export assistance under United States market devel5 opment, food assistance, or export promotion pro6 grams to offset the likely damage to incomes of pro7 ducers of the affected agricultural commodity or

8 commodities, to the maximum extent permitted by

9 law and by the obligations of the United States

10 under the Agreement on Agriculture referred to in

11 section 101(d)(2) of the Uruguay Round Agree12 ments Act (19 U.S.C. 3511(d)(2)).

13 (e) REPORT BY THE PRESIDENT.—Prior to imposing

14 any unilateral economic sanction, the President shall pro15 vide a report to the appropriate committees on the pro16 posed sanction. The report shall include the report of the

17 International Trade Commission under subsection (g) (if

18 timely submitted prior to the filing of the report). The

19 President’s report shall contain the following:

20 (1) An explanation of the foreign policy or na21 tional security objective or objectives intended to be

22 achieved through the proposed sanction.

23 (2) An assessment of—
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1 (A) the likelihood that the proposed unilat2 eral economic sanction will achieve its stated

3 objectives within the stated period of time; and

4 (B) the impact of the proposed unilateral

5 economic sanction on—

6 (i) humanitarian conditions, including

7 the impact on conditions in any specific

8 countries on which the sanctions are pro9 posed to be imposed;

10 (ii) humanitarian activities of United

11 States and foreign nongovernmental orga12 nizations;

13 (iii) relations with United States al14 lies;

15 (iv) other United States national secu16 rity and foreign policy interests; and

17 (v) countries and entities other than

18 those on which the sanction is proposed to

19 be imposed.

20 (3) A description and assessment of—

21 (A) diplomatic and other steps the United

22 States has taken to accomplish the intended ob23 jectives of the proposed sanction;

24 (B) the likelihood of multilateral adoption

25 of comparable measures;
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1 (C) comparable measures undertaken by

2 other countries;

3 (D) alternative measures to promote the

4 same objectives, and an assessment of their po5 tential effectiveness;

6 (E) any obligations of the United States

7 under international treaties or trade agreements

8 with which the proposed sanction may conflict;

9 (F) the likelihood that the proposed sanc10 tion will lead to retaliation against United

11 States interests, including agricultural interests;

12 and

13 (G) whether the achievement of the objec14 tives of the proposed sanction outweighs any

15 likely costs to United States foreign policy, na16 tional security, economic, and humanitarian in17 terests, including any potential harm to United

18 States business, agriculture, and consumers,

19 and any potential harm to the international

20 reputation of the United States as a reliable

21 supplier of products, technology, agricultural

22 commodities, and services.

23 (f) REPORT BY THE SECRETARY OF AGRI24 CULTURE.—Prior to the imposition of a unilateral eco25 nomic sanction by the President, the Secretary of Agri-
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1 culture shall submit to the appropriate committees a re2 port which shall contain an assessment of—

3 (1) the extent to which any country or countries

4 proposed to be sanctioned are markets that ac5 counted for, in the preceding calendar year, more

6 than 3 percent of all export sales from the United

7 States of any agricultural commodity;

8 (2) the likelihood that exports of agricultural

9 commodities from the United States will be affected

10 by the proposed sanction or by retaliation by any

11 country proposed to be sanctioned, including specific

12 commodities which are most likely to be affected;

13 (3) the likely effect on incomes of producers of

14 the specific commodities identified by the Secretary;

15 (4) the extent to which the proposed sanction

16 would permit foreign suppliers to replace United

17 States suppliers; and

18 (5) the likely effect of the prosed sanction on

19 the reputation of United States farmers as reliable

20 suppliers of agricultural commodities in general, and

21 of the specific commodities identified by the Sec22 retary.

23 (g) REPORT BY THE UNITED STATES INTER24 NATIONAL TRADE COMMISSION.—Before imposing a uni25 lateral economic sanction, the President shall make a
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1 timely request to the United States International Trade

2 Commission for a report on the likely short-term and long3 term costs of the proposed sanction to the United States

4 economy, including the potential impact on United States

5 trade performance, employment, and growth, the inter6 national reputation of the United States as a reliable sup7 plier of products, agricultural commodities, technology,

8 and services, and the economic well-being and inter9 national competitive position of United States industries,

10 firms, workers, farmers, and communities.

11 (h) WAIVER IN CASE OF NATIONAL EMERGENCY.—

12 The President may waive any of the requirements of sub13 sections (a), (b), (c), (e), (f), and (g), in the event that

14 the President determines that there exists a national

15 emergency that requires the exercise of the waiver. In the

16 event of such a waiver, the requirements waived shall be

17 met during the 60-day period immediately following the

18 imposition of the unilateral economic sanction, and the

19 sanction shall terminate 90 days after being imposed un20 less such requirements are met. The President may waive

21 any of the requirements of paragraphs (1)(B), (1)(D), and

22 (2) of subsection (d) in the event that the President deter23 mines that the unilateral economic sanction is related to

24 actual or imminent armed conflict involving the United

25 States.
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1 (i) SANCTIONS REVIEW COMMITTEE.—The President

2 shall establish a Sanctions Review Committee to coordi3 nate United States policy regarding unilateral economic

4 sanctions and to provide appropriate recommendations to

5 the President prior to decisions regarding such sanctions.

6 The Committee shall be comprised of—

7 (1) the Secretary of State;

8 (2) the Secretary of the Treasury;

9 (3) the Secretary of Defense;

10 (4) the Secretary of Agriculture;

11 (5) the Secretary of Commerce;

12 (6) the Secretary of Energy;

13 (7) the United States Trade Representative;

14 (8) the Director of the Office of Management

15 and Budget;

16 (9) the Chairman of the Council of Economic

17 Advisers;

18 (10) the Assistant to the President for National

19 Security Affairs; and

20 (11) the Assistant to the President for Eco21 nomic Policy.

22 (j) INAPPLICABILITY OF OTHER PROVISIONS.—This

23 section applies notwithstanding any other provision of law.
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1 SEC. 8. ANNUAL REPORTS.

2 (a) ANNUAL REPORT.—Not later than 6 months

3 after the date of enactment of this Act, and annually

4 thereafter, the President shall submit to the appropriate

5 committees a report detailing with respect to each country

6 or entity against which a unilateral economic sanction has

7 been imposed—

8 (1) the extent to which the sanction has

9 achieved foreign policy or national security objectives

10 of the United States with respect to that country or

11 entity;

12 (2) the extent to which the sanction has harmed

13 humanitarian interests in that country, the country

14 in which that entity is located, or in other countries;

15 and

16 (3) the impact of the sanction on other national

17 security and foreign policy interests of the United

18 States, including relations with countries friendly to

19 the United States, and on the United States econ20 omy.

21 (b) REPORT BY THE UNITED STATES INTER22 NATIONAL TRADE COMMISSION.—Not later than 6

23 months after the date of enactment of this Act, and annu24 ally thereafter, the United States International Trade

25 Commission shall report to the appropriate committees on

26 the costs, individually and in the aggregate, of all unilat-
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1 eral economic sanctions in effect under United States law,

2 regulation, or Executive order. The calculation of such

3 costs shall include an assessment of the impact of such

4 measures on the international reputation of the United

5 States as a reliable supplier of products, agricultural com6 modities, technology, and services.

Æ