II

Calendar No. 288

106TH CONGRESS

1ST SESSION S. 1568

To impose an immediate suspension of assistance to the Government of

Indonesia until the results of the August 30, 1999, vote in East Timor

have been implemented, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 8, 1999

Mr. FEINGOLD (for himself, Mr. REED, Mr. LEAHY, Mr. WELLSTONE, Mrs.

BOXER, Mr. KOHL, Mr. KERRY, Mr. KENNEDY, Mr. TORRICELLI, Mr.

DODD, Mr. HASKIN, Mr. HELMS, Mr. DURBIN, Mr. WYDEN, and Mrs.

FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

SEPTEMBER 27, 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 impose an immediate suspension of assistance to the

Government of Indonesia until the results of the August

30, 1999, vote in East Timor have been implemented,

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,
2

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1 SECTION 1. SUSPENSION OF ASSISTANCE.

2 (a) MULTILATERAL ECONOMIC ASSISTANCE.—

3 (1) IN GENERAL.—The Secretary of the Treas4 ury shall instruct the United States executive direc5 tors to the international financial institutions to op6 pose, and vote against, any extension by those insti7 tutions of any financial assistance (including any

8 technical assistance or grant) of any kind to the

9 Government of Indonesia.

10 (2) SENSE OF CONGRESS.—It is the sense of

11 Congress that the international financial institutions

12 should withhold the balance of any undisbursed ap13 proved loans or other assistance to the Government

14 of Indonesia.

15 (3) INTERNATIONAL FINANCIAL INSTITUTIONS

16 DEFINED.—In this subsection, the term ‘‘inter17 national financial institution’’ includes the Inter18 national Monetary Fund, the International Bank for

19 Reconstruction and Development, the International

20 Development Association, the International Finance

21 Corporation, the Multilateral Investment Guaranty

22 Agency, and the Asian Development Bank.

23 (b) RESTRICTION ON BILATERAL ECONOMIC ASSIST24 ANCE.—None of the funds appropriated or otherwise made

25 available to carry out chapter 1 of part I (relating to devel26 opment assistance) or chapter 4 of part II (relating to eco-
3

•S 1568 RS

1 nomic support fund assistance) of the Foreign Assistance

2 Act of 1961 may be available for Indonesia, except subject

3 to the procedures applicable to reprogramming notifica4 tions under section 634A of that Act.

5 (c) PROHIBITION ON MILITARY-TO-MILITARY CO6 OPERATION AND SUPPORT.—

7 (1) ASSISTANCE.—None of the funds appro8 priated or otherwise made available under the fol9 lowing provisions of law (including unobligated bal10 ances of prior year appropriations) may be available

11 for Indonesia:

12 (A) The Foreign Military Financing Pro13 gram under section 23 of the Arms Export

14 Control Act.

15 (B) Chapter 2 of part II of the Foreign

16 Assistance Act of 1961 (relating to military as17 sistance).

18 (C) Chapter 5 of part II of the Foreign

19 Assistance Act of 1961 (relating to inter20 national military education and training assist21 ance).

22 (2) LICENSING.—None of the funds appro23 priated or otherwise made available under the fol24 lowing provisions of law (including unobligated bal25 ances of prior year appropriations) may be available
4

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1 for licensing exports of defense articles or defense

2 services to Indonesia under section 38 of the Arms

3 Export Control Act.

4 (d) MULTILATERAL EFFORTS.—The President

5 should coordinate with other countries, particularly mem6 ber states of the Asia-Pacific Economic Cooperation

7 (APEC) Forum, to develop a comprehensive, multilateral

8 strategy to further the purposes of this Act, including urg9 ing other countries to take measures similar to those de10 scribed in this Act.

11 SEC. 2 . EXCEPTION.

12 Section 1 shall not apply to the provision of food or

13 medical assistance to Indonesia or East Timor for human14 itarian purposes.

15 SEC. 3. CONDITIONS FOR THE TERMINATION OF MEAS16 URES.

17 (a) IN GENERAL.—The measures described in section

18 1 shall apply with respect to the Government of Indonesia

19 until the President determines and certifies to the appro20 priate congressional committees that—

21 (1) a safe and secure environment exists in

22 East Timor, that Timorese who were forced to flee

23 the militia-led violence are able to safely return to

24 East Timor, and that there is freedom of movement

25 within East Timor;
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1 (2) the United Nations Assistance Mission in

2 East Timor (UNAMET) can resume its mandate

3 pursuant to the June 11, 1999, authorization by the

4 United Nations Security Council without threat or

5 intimidation of its personnel;

6 (3) steps have been taken to implement the re7 sults of the August 30, 1999, vote on East Timor’s

8 political status, which expressed the will of a major9 ity of the Timorese people; and

10 (4) the Armed Forces of the Republic of Indo11 nesia is conducting itself in a manner consistent

12 with its responsibilities to its citizens and its inter13 national commitments.

14 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

15 DEFINED.—In this section, the term ‘‘appropriate con16 gressional committees’’ means the Committee on Foreign

17 Relations and the Committee on Appropriations of the

18 Senate and the Committee on International Relations and

19 the Committee on Appropriations of the House of Rep20 resentatives.

21 SEC. 4. SENSE OF CONGRESS.

22 It is the sense of Congress that the United States

23 should strongly support the authorization of an inter24 national peacekeeping force for East Timor and support

25 such a force in an appropriate manner.
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘East Timor Self-Deter3 mination Act of 1999’’.

4 SEC. 2. FINDING; PURPOSE.

5 (a) CONGRESSIONAL FINDING.—Congress recognizes

6 that the Government of Indonesia took a positive and con7 structive step by agreeing on September 12, 1999, to the

8 deployment of an international peacekeeping force to East

9 Timor.

10 (b) PURPOSE.—The purpose of this Act is to encourage

11 the Government of Indonesia to take such additional steps

12 as are necessary to create a peaceful environment in which

13 the United Nations Assistance Mission in East Timor

14 (UNAMET) can fulfill its mandate and implement the re15 sults of the August 30, 1999, vote on East Timor’s political

16 status.

17 SEC. 3. SUSPENSION OF ECONOMIC ASSISTANCE.

18 (a) MULTILATERAL ECONOMIC ASSISTANCE.—

19 (1) IN GENERAL.—Except as provided in sub20 section (c), the Secretary of the Treasury shall in21 struct the United States executive directors to the

22 international financial institutions to oppose, and

23 vote against, any extension by those institutions of

24 any financial assistance (including any technical as25 sistance or grant) of any kind to the Government of

26 Indonesia.
7

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1 (2) SENSE OF CONGRESS.—It is the sense of

2 Congress that the international financial institutions

3 should withhold the balance of any undisbursed ap4 proved loans or other assistance to the Government of

5 Indonesia.

6 (3) INTERNATIONAL FINANCIAL INSTITUTIONS

7 DEFINED.—In this subsection, the term ‘‘international

8 financial institution’’ includes the International Mon9 etary Fund, the International Bank for Reconstruc10 tion and Development, the International Development

11 Association, the International Finance Corporation,

12 the Multilateral Investment Guaranty Agency, and

13 the Asian Development Bank.

14 (b) RESTRICTION ON BILATERAL ECONOMIC ASSIST15 ANCE.—Except as provided in subsection (c), none of the

16 funds appropriated or otherwise made available to carry

17 out chapter 1 of part I (relating to development assistance)

18 or chapter 4 of part II (relating to economic support fund

19 assistance) of the Foreign Assistance Act of 1961 may be

20 available for Indonesia, except subject to the procedures ap21 plicable to reprogramming notifications under section 634A

22 of that Act.

23 (c) EXCEPTION.—Subsections (a) and (b) shall not

24 apply to the provision of humanitarian assistance (such as

25 food or medical assistance) to Indonesia or East Timor.
8

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1 (d) CONDITIONS FOR TERMINATION.—The measures

2 described in subsections (a) and (b) shall apply until the

3 President determines and certifies to the appropriate con4 gressional committees that the Government of Indonesia is

5 cooperating with efforts by the international community to

6 establish a safe and secure environment in East Timor and

7 is taking significant steps to—

8 (1) end the violence perpetrated by units of the

9 Indonesian armed forces and by armed militias op10 posed to the independence of East Timor;

11 (2) enable displaced persons and refugees to re12 turn home;

13 (3) ensure freedom of movement within East

14 Timor, including access by humanitarian organiza15 tions to all areas of East Timor; and

16 (4) enable UNAMET to resume its mandate,

17 without threat or intimidation to its personnel.

18 SEC. 4. SUSPENSION OF SECURITY ASSISTANCE.

19 (a) PROHIBITIONS ON COOPERATION AND SUPPORT.—

20 (1) ASSISTANCE.—None of the funds appro21 priated or otherwise made available under the fol22 lowing provisions of law (including unexpended bal23 ances of prior year appropriations) may be available

24 for Indonesia:
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1 (A) The Foreign Military Financing Pro2 gram under section 23 of the Arms Export Con3 trol Act.

4 (B) Chapter 2 of part II of the Foreign As5 sistance Act of 1961 (relating to military assist6 ance).

7 (C) Chapter 5 of part II of the Foreign As8 sistance Act of 1961 (relating to international

9 military education and training assistance).

10 (2) LICENSING.—None of the funds appropriated

11 or otherwise made available under any provision of

12 law (including unexpended balances of prior year ap13 propriations) may be available for licensing exports

14 of defense articles or defense services to Indonesia

15 under section 38 of the Arms Export Control Act.

16 (3) DELIVERIES.—No defense article or defense

17 service may be exported or delivered to Indonesia or

18 East Timor by any United States person (as defined

19 in section 16 of the Export Administration Act of

20 1979 (50 U.S.C. app. 2415) or any other person sub21 ject to the jurisdiction of the United States except as

22 may be necessary to support the operations of an

23 international peacekeeping force in East Timor or in

24 connection with the provision of humanitarian assist25 ance.
10

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1 (b) CONDITIONS FOR TERMINATION.—The measures

2 described in subsection (a) shall apply with respect to the

3 Government of Indonesia until the President determines

4 and certifies to the appropriate congressional committees

5 that—

6 (1) a generally safe and secure environment ex7 ists in East Timor, including—

8 (A) an end to the violence perpetrated by

9 units of the Indonesian armed forces and by

10 armed militias opposed to the independence of

11 East Timor;

12 (B) the ability of displaced persons and ref13 ugees to return home;

14 (C) freedom of movement within East

15 Timor, including access by humanitarian orga16 nizations to all areas of East Timor; and

17 (D) the ability of UNAMET to resume its

18 mandate, without threat or intimidation to its

19 personnel;

20 (2) the armed forces of Indonesia clearly—

21 (A) have ceased engaging in violence in

22 East Timor;

23 (B) have ceased their support and training

24 of armed militias opposed to the independence of

25 East Timor; and
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1 (C) are withdrawing their forces from East

2 Timor in cooperation with a United Nations-su3 pervised process of transferring sovereignty to an

4 independent East Timor; and

5 (3) significant steps have been taken to imple6 ment the results of the August 30, 1999, vote on East

7 Timor’s political status, which expressed the will of a

8 majority of the Timorese people.

9 SEC. 5. MULTILATERAL EFFORTS.

10 The President should continue to coordinate with other

11 countries, particularly member states of the Asia-Pacific

12 Economic Cooperation (APEC) Forum, to develop a com13 prehensive, multilateral strategy to further the purposes of

14 this Act, including urging other countries to take measures

15 similar to those described in this Act.

16 SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.

18 In this Act, the term ‘‘appropriate congressional com19 mittees’’ means the Committee on Foreign Relations and

20 the Committee on Appropriations of the Senate and the

21 Committee on International Relations and the Committee

22 on Appropriations of the House of Representatives.
Calendar No. 288

106TH CONGRESS

1ST SESSION S. 1568

A BILL

To impose an immediate suspension of assistance to

the Government of Indonesia until the results ofthe August 30, 1999, vote in East Timor havebeen implemented, and for other purposes.

SEPTEMBER 27, 1999

Reported with an amendment