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103D CONGRESS

1ST SESSION H. R. 2315

Terminating the United States arms embargo of the Government of BosniaHercegovina.

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

Mr. HYDE (for himself, Mr. SMITH of New Jersey, Mr. HUNTER, Mr. GILMAN, Mr. FISH, Mr. WILSON, and Mr. GINGRICH) introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

Terminating the United States arms embargo of the

Government of Bosnia-Hercegovina.

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 ‘‘Bosnia-Hercegovina

5 Self-Defense Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) On July 10, 1991, the United States adopt9 ed a policy suspending all licenses and other approv-
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1 als to export or otherwise transfer defense articles

2 and defense services to Yugoslavia.

3 (2) On September 25, 1991, the United Na4 tions Security Council adopted Resolution 713,

5 which imposed a mandatory international embargo

6 on all deliveries of weapons and military equipment

7 to Yugoslavia.

8 (3) The United States considered the policy

9 adopted July 10, 1991, to comply fully with Resolu10 tion 713 and therefore took no additional action in

11 response to that resolution.

12 (4) On January 8, 1992, the United Nations

13 Security Council adopted Resolution 727, which de14 cided that the mandatory arms embargo imposed by

15 Resolution 713 should apply to any independent

16 states that might thereafter emerge on the territory

17 of Yugoslavia.

18 (5) On February 29 and March 1, 1992, the

19 people of Bosnia-Hercegovina voted in a referendum

20 to declare independence from Yugoslavia.

21 (6) On April 7, 1992, the United States recog22 nized the Government of Bosnia-Hercegovina.

23 (7) On May 22, 1992, the Government of

24 Bosnia-Hercegovina was admitted to full member25 ship in the United Nations.
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1 (8) Consistent with Resolution 727, the United

2 States has continued to apply the policy adopted

3 July 10, 1991, to independent states that have

4 emerged on the territory of the former Yugoslavia,

5 including Bosnia-Hercegovina.

6 (9) Subsequent to the adoption of Resolution

7 727 and Bosnia-Hercegovina’s independence referen8 dum, the siege of Sarajevo began and fighting

9 spread to other areas of Bosnia-Hercegovina.

10 (10) The Government of Serbia intervened di11 rectly in the fighting by providing significant mili12 tary, financial, and political support and direction to

13 Serbian-allied irregular forces in Bosnia14 Hercegovina.

15 (11) In statements dated May 1 and May 12,

16 1992, the Conference on Security and Cooperation

17 in Europe declared that the Government of Serbia

18 and the Serbian-controlled Yugoslav National Army

19 were committing aggression against the Government

20 of Bosnia-Hercegovina and assigned to them prime

21 responsibility for the escalation of bloodshed and de22 struction.

23 (12) On May 30, 1992, the United Nations Se24 curity Council adopted Resolution 757, which con25 demned the Government of Serbia for its continued
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1 failure to respect the territorial integrity of Bosnia2 Hercegovina.

3 (13) Serbian-allied irregular forces have, over

4 the last year, occupied approximately 70 percent of

5 the territory of Bosnia-Hercegovina, committed

6 gross violations of human rights in the areas they

7 have occupied, and established a secessionist govern8 ment committed to eventual unification with Serbia.

9 (14) The military and other support and direc10 tion provided to Serbian-allied irregular forces in

11 Bosnia-Hercegovina constitutes an armed attack on

12 the Government of Bosnia-Hercegovina by the Gov13 ernment of Serbia within the meaning of Article 51

14 of the United Nations Charter.

15 (15) Under Article 51, the Government of

16 Bosnia-Hercegovina, as a member of the United Na17 tions, has an inherent right of individual or collective

18 self-defense against the armed attack from the Gov19 ernment of Serbia until the United Nations Security

20 Council has taken measures necessary to maintain

21 international peace and security.

22 (16) The measures taken by the United Nations

23 Security Council in response to the armed attack on

24 Bosnia-Hercegovina have not been adequate to

25 maintain international peace and security.
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1 (17) Bosnia-Hercegovina has been unable suc2 cessfully to resist the armed attack from Serbia be3 cause it lacks the means to counter heavy weaponry

4 that Serbia obtained from the Yugoslav National

5 Army upon the dissolution of Yugoslavia, and be6 cause the mandatory international arms embargo

7 has prevented Bosnia-Hercegovina from obtaining

8 from other countries the means to counter such

9 heavy weaponry.

10 (18) On December 18, 1992, with the affirma11 tive vote of the United States, the United Nations

12 General Assembly adopted Resolution 47/121, which

13 urged the United Nations Security Council to ex14 empt Bosnia-Hercegovina from the mandatory arms

15 embargo imposed by Resolution 713.

16 (19) In the absence of adequate measures to

17 maintain international peace and security, continued

18 application to the Government of Bosnia19 Hercegovina of the mandatory international arms

20 embargo imposed by the United Nations Security

21 Council prior to the armed attack on Bosnia22 Hercegovina undermines that government’s right of

23 individual or collective self-defense and therefore

24 contravenes Article 51 of the United Nations

25 Charter.
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1 (20) Bosnia-Hercegovina’s right of self-defense

2 under Article 51 of the United Nations Charter in3 cludes the right to ask for military assistance from

4 other countries and to receive such assistance if

5 offered.

6 SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERN7 MENT OF BOSNIA-HERCEGOVINA.

8 (a) TERMINATION.—The President shall terminate

9 the United States arms embargo of the Government of

10 Bosnia-Hercegovina upon receipt from that government of

11 a request for assistance in exercising its right of self-de12 fense under Article 51 of the United Nations Charter.

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

14 ‘‘United States arms embargo of the Government of

15 Bosnia-Hercegovina’’ means the application to the Gov16 ernment of Bosnia-Hercegovina 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
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1 defense articles and defense services to the former

2 Yugoslavia.

3 SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR

4 BOSNIA-HERCEGOVINA.

5 (a) POLICY.—The President should provide appro6 priate military assistance to the Government of Bosnia7 Hercegovina upon receipt from that government of a re8 quest for assistance in exercising its right of self-defense

9 under Article 51 of the United Nations Charter.

10 (b) AUTHORIZATION OF MILITARY ASSISTANCE.—

11 (1) DRAWDOWN AUTHORITY.—If the Govern12 ment of Bosnia-Hercegovina requests United States

13 assistance in exercising its right of self-defense

14 under Article 51 of the United Nations Charter, the

15 President is authorized to direct the drawdown of

16 defense articles from the stocks of the Department

17 of Defense, defense services of the Department of

18 Defense, and military education and training in

19 order to provide assistance to the Government of

20 Bosnia-Hercegovina. Such assistance shall be pro21 vided on such terms and conditions as the President

22 may determine.

23 (2) LIMITATION ON VALUE OF TRANSFERS.—

24 The aggregate value (as defined in section 664(m)

25 of the Foreign Assistance Act of 1961) of defense
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1 articles, defense services, and military education and

2 training provided under this subsection may not

3 exceed $200,000,000.

4 (3) EXPIRATION OF AUTHORIZATION.—The au5 thority provided to the President in paragraph (1)

6 expires at the end of fiscal year 1994.

7 (4) LIMITATION ON ACTIVITIES.—Members of

8 the United States Armed Forces who perform de9 fense services or provide military education and

10 training outside the United States under this sub11 section may not perform any duties of a combatant

12 nature, including any duties related to training and

13 advising that may engage them in combat activities.

14 (5) REPORTS TO CONGRESS.—Within 60 days

15 after any exercise of the authority of paragraph (1)

16 and every 60 days thereafter, the President shall re17 port in writing to the Speaker of the House of Rep18 resentatives and the President pro tempore of the

19 Senate concerning the defense articles, defense serv20 ices, and military education and training being pro21 vided and the use made of such articles, services,

22 and education and training.

23 (6) REIMBURSEMENT.—(A) Defense articles,

24 defense services, and military education and training

25 provided under this subsection shall be made avail-
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1 able without reimbursement to the Department of

2 Defense except to the extent that funds are appro3 priated pursuant to subparagraph (B).

4 (B) There are authorized to be appropriated to

5 the President such sums as may be necessary to re6 imburse the applicable appropriation, fund, or ac7 count for the value (as defined in section 664(m) of

8 the Foreign Assistance Act of 1961) of defense arti9 cles, defense services, or military education and

10 training provided under this subsection.

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