I
103D CONGRESS
1ST SESSION
H. R. 3006
To provide for the imposition of sanctions against any foreign country or
any person that violates United Nations sanctions.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. STARK (for himself, Mr. FRANK of Massachusetts, Mr. MCNULTY, Ms.
KAPTUR, Mr. FALEOMAVAEGA, Mr. JACOBS, Mr. HUGHES, Mr. OLVER,
Mr. SANDERS, and Mr. ENGEL) introduced the following bill; which was
referred jointly to the Committees on Foreign Affairs, Ways and Means,
and Banking, Finance and Urban Affairs
A BILL
To provide for the imposition of sanctions against any foreign
country or any person that violates United Nations sanctions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United Nations Secu-
rity Council Sanctions Enforcement Act’’.
SEC. 2. COUNTRIES VIOLATING UNITED NATIONS SANC-
TIONS.
(a) DETERMINATION.—
(1) IMPOSITION OF SANCTIONS.—If the Presi-
dent determines that the government of any foreign
country is materially violating United Nations sanc-
tions, the President shall impose the sanctions de-
scribed in subsection (b) with respect to that country
so long as such violation continues, except as other-
wise provided in subsection (c)(2) and subsection
(d).
(2) PUBLICATION
OF
DETERMINATION.—Any
determination under this subsection shall be pub-
lished in the Federal Register.
(b) SANCTIONS.—The sanctions to be imposed with
respect to a country pursuant to subsection (a) are as fol-
lows:
(1) FOREIGN ASSISTANCE.—The United States
Government shall terminate assistance to that coun-
try under the Foreign Assistance Act of 1961, ex-
cept for assistance involving the provision of food
and other humanitarian assistance.
(2) MILITARY ASSISTANCE.—The United States
Government shall terminate all foreign military fi-
nancing for that country under the Arms Export
Control Act.
(3) ARMS SALES.—The United States Govern-
ment shall terminate—
(A) sales to that country under the Arms
Export Control Act of any defense article, de-
fense service, or design and construction serv-
ice, and
(B) licenses for the export to that country
of any item on the United States Munitions
List.
(4) MULTILATERAL ASSISTANCE.—The United
States Government shall oppose the extension by any
international financial institution of any loan or
other financial or technical assistance to that coun-
try, except for assistance directed specifically to pro-
grams which serve the basic human needs of the
people of that country.
(5) 
FINANCIAL
ASSISTANCE.—The 
United
States Government shall deny to that country any
credit, credit guarantee, or other financial assistance
by any department, agency, or instrumentality of the
Government, except that this paragraph does not
apply to—
(A) food or other humanitarian assistance,
or
(B) any transaction subject to the report-
ing requirements of title V of the National Se-
curity Act of 1947 (relating to congressional
oversight of intelligence activities).
(6) COMMERCIAL CREDIT.—The United States
Government shall prohibit any United States deposi-
tory institution (as defined in section 19(b) of the
Federal Reserve Act) from making any loan or pro-
viding any credit to the government of that country,
except for loans or credits for the purpose of pur-
chasing food or other humanitarian items.
(7) EXPORTS.—The United States Government
shall prohibit exports to that country of such goods
and technology as the President may specify, except
that—
(A) section 6(g) of the Export Administra-
tion Act of 1979 applies with respect to export
controls pursuant to this paragraph, and
(B) any prohibition under this paragraph
shall not apply with respect to any transaction
subject to the reporting requirements of title V
of the National Security Act of 1947 (relating
to congressional oversight of intelligence activi-
ties).
(8) IMPORTS.—The United States Government
shall prohibit the entry into the customs territory of
the United States of such articles as the President
may specify that are growth, product, or manufac-
ture of that country.
(c) CONSULTATION WITH AND ACTIONS BY FOREIGN
GOVERNMENT.—
(1) CONSULTATIONS.—If the President makes a
determination described in subsection (a) with re-
spect to the government of a foreign country, the
Congress urges the President to initiate consulta-
tions immediately with that government to encour-
age it to comply with the United Nations sanctions
with respect to which that determination was made.
(2) ACTIONS BY A FOREIGN GOVERNMENT.—In
order to pursue such consultations, the President
may delay imposition of sanctions pursuant to this
section for up to 30 days. Following these consulta-
tions, the President shall impose sanctions unless
the President determines and certifies to the Con-
gress that that government has taken specific and
effective actions to comply with the United Nations
sanctions with respect to which the President made
the determination under subsection (a). If the Presi-
dent determines and certifies to the Congress that
that government is in the process of taking such ac-
tions, the President may delay the imposition of
sanctions for up to an additional 30 days.
(3) REPORT TO CONGRESS.—Not later than 30
days after making a determination with respect to
the government of a foreign country under sub-
section (a), the President shall submit to the Con-
gress a report on the status of consultations pursu-
ant to this subsection and on the basis for any de-
termination under paragraph (2) of this subsection
that such government has taken specific corrective
actions.
(d) WAIVER.—A sanction which is required to be im-
posed against a country under subsection (b) shall not
apply if the President determines and certifies to the Con-
gress that the application of that sanction against such
country would have a serious adverse effect on vital United
States interests. The President shall transmit with such
certification a statement setting forth the specific reasons
for the President’s determination.
SEC. 3. PERSONS VIOLATING UNITED NATIONS SANCTIONS.
(a) DETERMINATION.—
(1) IMPOSITION OF SANCTIONS.—If the Presi-
dent determines that a person is materially violating
United Nations sanctions, the President shall impose
the sanctions described in subsection (c) on each
sanctioned person for a period of 2 years, except as
otherwise provided in subsection (d)(2) and sub-
section (e).
(2) PUBLICATION
OF
DETERMINATION.—Any
determination under this subsection shall be pub-
lished in the Federal Register.
(b) ADVISORY OPINIONS.—Upon the request of any
person, the President may issue a written advisory opinion
to that person as to whether a proposed activity by that
person would subject that person to sanctions under this
section. Any person who relies in good faith on such an
advisory opinion which states that the proposed activity
would not subject a person to such sanctions, and any per-
son who thereafter engages in such activity, shall not be
made subject to such sanctions solely on account of such
activity.
(c) SANCTIONS.—
(1) IN GENERAL.—The sanctions to be imposed
pursuant to subsection (a) are as follows:
(A) The United States Government shall
not procure, or enter into any contract for the
procurement of, any goods or services from a
sanctioned person.
(B) The United States Government shall
not issue any license for any export by or to a
sanctioned person.
(C) The United States Government shall
prohibit the entry into the customs territory of
the United States of all articles that are
growth, product, or manufacture of a sanc-
tioned person.
(2) EXCEPTIONS.—The President shall not be
required to apply or maintain sanctions under this
section with respect to the following:
(A) Procurement or importation of defense
articles or defense services—
(i) if the procurement or importation
is under an existing contract or sub-
contract, including the exercise of options
for production quantities to satisfy require-
ments essential to the national security of
the United States;
(ii) if the President determines that
the sanctioned person is a sole source sup-
plier of such articles or services, that such
articles or services are essential, and that
alternative sources are not readily or rea-
sonably available; or
(iii) if the President determines that
such articles or services are essential to the
national 
security 
under 
defense
coproduction agreements.
(B) Procurement or importation of spare
parts or component parts (but not finished
products) which are essential to United States
products or production.
(C) Procurement of routine servicing and
maintenance of products, to the extent that al-
ternative sources are not readily or reasonably
available.
(D) Procurement of, or importation of arti-
cles containing, information and technology es-
sential to United States products or production.
(E) Procurement, exports, or imports of
products or services provided under contracts
entered into before the date on which the Presi-
dent’s determination is published in the Federal
Register pursuant to subsection (a)(2).
(F) Procurement, exports, or imports of
food or other humanitarian items.
(d) CONSULTATION WITH AND ACTIONS BY FOREIGN
GOVERNMENT OF JURISDICTION.—
(1) CONSULTATIONS.—If the President makes a
determination described in subsection (a) with re-
spect to a foreign person, the Congress urges the
President to initiate consultations immediately with
the government with primary jurisdiction over that
foreign person with respect to the imposition of
sanctions pursuant to this section.
(2) ACTIONS
BY
GOVERNMENT
OF
JURISDIC-
TION.—In order to pursue such consultations with
that government, the President may delay imposition
of sanctions pursuant to this section for up to 90
days. Following these consultations, the President
shall impose sanctions unless the President deter-
mines and certifies to the Congress that that govern-
ment has taken specific and effective actions, includ-
ing appropriate penalties, to terminate the involve-
ment of the foreign person in the violations de-
scribed in subsection (a). If the President deter-
mines and certifies to the Congress that that govern-
ment is in the process of taking such actions, the
President may delay the imposition of sanctions for
up to an additional 90 days.
(3) REPORT TO CONGRESS.—Not later than 90
days after making a determination under subsection
(a), the President shall submit to the Congress a re-
port on the status of consultations with the appro-
priate government under this subsection and on the
basis for any determination under paragraph (2) of
this subsection that such government has taken spe-
cific corrective actions.
(e) WAIVER.—
(1) CRITERION FOR WAIVER.—After the end of
the 12-month period beginning on the date on which
a sanction is imposed on a sanctioned person under
this section, the President may waive the application
of that sanction with respect to that person if the
President determines and certifies to the Congress
that the continued imposition of that sanction with
respect to that person would have a serious adverse
effect on vital United States interests.
(2) NOTIFICATION OF AND REPORT TO CON-
GRESS.—If the President decides to exercise the
waiver authority provided in paragraph (1), the
President shall so notify the Congress not less than
30 days before the waiver takes effect. Such notifica-
tion shall include a report fully articulating the ra-
tionale and circumstances which led the President to
exercise the waiver authority.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions
apply:
(1) SANCTIONED
PERSON.—The term ‘‘sanc-
tioned person’’ means—
(A) the person with respect to which the
President makes the determination described in
section 3(a);
(B) any successor entity to that person;
(C) any person that is a parent or subsidi-
ary of that person if that parent or subsidiary
materially and with requisite knowledge assisted
in the activities which were the basis of that de-
termination; and
(D) any person that is an affiliate of that
person if that affiliate materially and with req-
uisite knowledge assisted in the activities which
were the basis of that determination and if that
affiliate is controlled in fact by that person.
(2) UNITED
NATIONS
SANCTIONS.—The term
‘‘United Nations sanctions’’ means measures that
members of the United Nations have been called
upon to apply by the United Nations Security Coun-
cil, acting under article 41 of the Charter of the
United Nations, in order to enforce decisions of the
Security Council.
(3) VIOLATING UNITED NATIONS SANCTIONS.—
The term ‘‘violating United Nations sanctions’’—
(A) in the case of the government of a for-
eign country, means failing to apply measures
called for by the United Nations Security Coun-
cil; and
(B) in the case of person, means engaging
in activities that are prohibited under United
Nations sanctions, without regard to whether
the foreign government with primary jurisdic-
tion over those activities has applied the meas-
ures called for by the United Nations Security
Council.
SEC. 5. EFFECTIVE DATE.
This Act applies with respect to violations of United
Nations sanctions that occur on or after the date of enact-
ment of this Act.
Æ