I
107TH CONGRESS
1ST SESSION
H. R. 1828
To require the President to report annually to the Congress on the effects
of the imposition of unilateral economic sanctions by the United States.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 2001
Mr. SAWYER introduced the following bill; which was referred to the Com-
mittee on International Relations, and in addition to the Committees on
Ways and Means, and Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To require the President to report annually to the Congress
on the effects of the imposition of unilateral economic
sanctions by the United States.
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 ‘‘Unilateral Sanction
Reporting Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) in the face of a more politically complicated
and commercially integrated world in the post-cold
war era, the unilateral economic sanctions policy of
the United States must become a more sophisticated
tool in order to better serve the national interests of
the United States;
(2) Members of Congress need more detailed
and unbiased information that can be compared on
a yearly basis in order to evaluate accurately the
costs and benefits of unilateral economic sanctions;
and
(3) a comprehensive annual report to pertinent
congressional committees from the executive branch
on sanctions policy will allow the United States Gov-
ernment to view economic sanctions in a more effec-
tive, targeted, and flexible manner and better ana-
lyze the success of meeting foreign policy objectives.
SEC. 3. ANNUAL REPORT TO CONGRESS BY THE PRESI-
DENT.
(a) IN GENERAL.—The President shall, in consulta-
tion with the Secretaries of State, Commerce, Defense,
Agriculture, Energy, and Transportation, and the United
States Trade Representative, by not later than January
31 of each year, report to all committees of Congress with
jurisdiction affected by United States policies on unilateral
economic sanctions on—
(1) the costs and benefits within the United
States, and, to the extent possible, the economic im-
plications for the targeted foreign countries or enti-
ties concerned, of the imposition of unilateral eco-
nomic sanctions by the United States during the
preceding calendar year; and
(2) the policy goals intended to be achieved by
such sanctions, and the extent to which such goals
were achieved.
(b) SPECIFIC REPORTS.—
(1) SECRETARY OF STATE.—The Secretary of
State shall prepare and submit to the President an
annual report on the policy goals intended to be
achieved by unilateral economic sanctions imposed
by the United States, and the extent to which such
goals were achieved. The report shall cover the same
period as the report by the President under sub-
section (a) and shall be included with the President’s
report under subsection (a).
(2) ASSISTANT SECRETARY OF COMMERCE FOR
INFORMATION
AND
TECHNOLOGY.—The Assistant
Secretary of Commerce for Information and Tech-
nology shall prepare and submit to the President an
annual report on the costs and benefits on the infor-
mation and technology sectors within the United
States, and, to the extent possible, the implications
for the information and technology sectors in tar-
geted foreign countries or entities concerned, of the
imposition of unilateral economic sanctions by the
United States. The report shall cover the same pe-
riod as the report by the President under subsection
(a) and shall be included with the President’s report
under subsection (a).
(3) SECURITIES
AND
EXCHANGE
COMMIS-
SION.—The Securities and Exchange Commission
shall prepare and submit to the President an annual
report on the costs and benefits on securities mar-
kets within the United States, and, to the extent
possible, the implications for the securities markets
of targeted foreign countries or entities concerned,
of the imposition of unilateral economic sanctions by
the United States. The report shall cover the same
period as the report by the President under sub-
section (a) and shall be included with the President’s
report under subsection (a).
(4) SMALL
BUSINESS
ADMINISTRATION.—The
Administrator of the Small Business Administration
shall prepare and submit to the President an annual
report on the costs and benefits on small business
concerns in the United States, and, to the extent
possible, the implications for small businesses of tar-
geted foreign countries or entities concerned, of the
imposition of unilateral economic sanctions by the
United States. The report shall cover the same pe-
riod as the report by the President under subsection
(a) and shall be included with the President’s report
under subsection (a).
(c) DETAILS OF REPORTS.—
(1) IN
GENERAL.—Each report under sub-
section (a) shall set forth the costs and benefits of
unilateral economic sanctions to specific sectors of
the United States economy, including the services
sector, expressed in terms of economic indicators.
Among other indicators, the report shall compare
levels of imports and exports of domestic products
and services with those of internationally competitive
products and services. The analyses in the reports
under subsection (a) shall be presented in a con-
sistent fashion so as to ensure an accurate compari-
son of the costs and effects of unilateral economic
sanctions from year to year. Each report shall, as
well as stating current effects, project future effects
of the unilateral economic sanctions at issue.
(2) ECONOMIC EFFECTS ON TARGETED COUN-
TRIES OR ENTITIES.—To the extent possible, each
report shall address the economic effects of unilat-
eral economic sanctions on the countries and entities
on which the sanctions are imposed, and the extent
to which the foreign policy goals of the United
States have been achieved by the sanctions. The re-
port shall also project the economic effects of the
continued application of unilateral economic sanc-
tions on each such country or entity and how this
will further achieve the foreign policy goals of the
United States.
(3) RELATIONSHIP TO SPECIFIC SANCTIONS.—
The analyses in each report under subsection (a)
and (b) shall be made with respect to the specific
provision of law or Executive Order imposing the
sanctions addressed in the report.
(d) APPLICABILITY.—The reports under this section
shall apply to unilateral economic sanctions imposed be-
fore the enactment of this Act that are in effect during
the period covered by the reports, and to unilateral eco-
nomic sanctions imposed on or after the date of the enact-
ment of this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) UNILATERAL ECONOMIC SANCTION.—
(A) IN
GENERAL.—The term ‘‘unilateral
economic sanction’’ means any prohibition, re-
striction, or condition on economic activity, in-
cluding economic assistance, with respect to a
foreign country or foreign entity that is im-
posed by the United States for reasons of for-
eign policy or national security, including any of
the measures described in subparagraph (B),
except in a case in which the United States im-
poses the measure pursuant to a multilateral
regime and the other members of that regime
have agreed to impose substantially equivalent
measures.
(B) PARTICULAR MEASURES.—The meas-
ures referred to in subparagraph (A) are the
following:
(i) The suspension, restriction, or pro-
hibition of exports or imports of any prod-
uct, technology, or service to or from a for-
eign country or entity.
(ii) The suspension of, or any restric-
tion or prohibition on, financial trans-
actions with a foreign country or entity.
(iii) The suspension of, or any restric-
tion or prohibition on, direct or indirect in-
vestment in or from a foreign country or
entity.
(iv) The imposition of increased tar-
iffs on, or other restrictions on imports of,
products of a foreign country or entity, in-
cluding the denial, revocation, or condi-
tioning of nondiscriminatory trade treat-
ment (normal trade relations treatment).
(v) The suspension of, or any restric-
tion or prohibition on—
(I) the authority of the Export-
Import Bank of the United States to
give approval to the issuance of any
guarantee, insurance, or extension of
credit in connection with the export of
goods or services to a foreign country
or entity;
(II) the authority of the Trade
and Development Agency to provide
assistance in connection with projects
in a foreign country or in which a
particular foreign entity participates;
or
(III) the authority of the Over-
seas Private Investment Corporation
to provide insurance, reinsurance, or
financing, or conduct other activities
in connection with projects in a for-
eign country or in which a particular
foreign entity participates.
(vi) Any prohibition or restriction on
the sale, export, lease, or other transfer of
any defense article, defense service, or de-
sign and construction service under the
Arms Export Control Act, or on any fi-
nancing provided under that Act.
(vii) A requirement that the United
States representative to an international fi-
nancial institution vote against any loan or
other utilization of funds to, for, or in a
foreign country or particular foreign entity.
(viii) A measure imposing any restric-
tion or condition on economic activity on
any foreign government or entity on the
grounds that such government or entity
does business in or with a foreign country.
(ix) A measure imposing any restric-
tion or condition on economic activity on
any person that is a national of a foreign
country, or on any government or other en-
tity of a foreign country, on the grounds
that the government of that country has
not taken measures in cooperation with, or
similar to, sanctions imposed by the
United States on a third country.
(x) The suspension of, or any restric-
tion or prohibition on, travel rights or air
transportation to or from a foreign coun-
try.
(xi) Any restriction on the filing or
maintenance in a foreign country of any
proprietary interest in intellectual property
rights (including patents, copyrights, and
trademarks), including payment of patent
maintenance fees.
(C) 
MULTILATERAL
REGIME.—In 
this
paragraph, the term ‘‘multilateral regime’’
means an agreement, arrangement, or obliga-
tion under which the United States cooperates
with other countries in restricting commerce for
reasons of foreign policy or national security,
including—
(i) obligations under resolutions of the
United Nations;
(ii) nonproliferation and export con-
trol arrangements, such as the Australia
Group, the Nuclear Supplier’s Group, the
Missile Technology Control Regime, and
the Wassenaar Arrangement;
(iii) treaty obligations, such as under
the Chemical Weapons Convention, the
Treaty on the Non-Proliferation of Nuclear
Weapons, and the Biological Weapons Con-
vention; and
(iv) agreements concerning protection
of the environment, such as the Inter-
national Convention for the Conservation
of Atlantic Tunas, the Declaration of Pan-
ama referred to in section 2(a)(1) of the
International Dolphin Conservation Act
(16 U.S.C. 1361 note), the Convention on
International Trade in Endangered Spe-
cies, the Montreal Protocol on Substances
that Deplete the Ozone Layer, and the
Basel Convention on the Control of
Transboundary Movements of Hazardous
Wastes.
(D) ECONOMIC ASSISTANCE.—In this para-
graph, the term ‘‘economic assistance’’ means—
(i) any assistance under part I or
chapter 2, 4, 5, or 8 of part II of the For-
eign Assistance Act of 1961 (including
programs under title IV of chapter 2, re-
lating to the Overseas Private Investment
Corporation), any benefits under part IV
of that Act (relating to the Enterprise for
the Americas Initiative), or any benefits
under part V of that Act, relating to trop-
ical forest preservation;
(ii) the provision of agricultural com-
modities, or other assistance or benefits,
under the Agricultural Trade Development
and Assistance Act of 1954, including the
Enterprise for the Americas Initiative; and
(iii) any assistance under the FREE-
DOM Support Act or the Support for East
European Democracy (SEED) Act of
1989.
(E) FINANCIAL
TRANSACTION.—In this
paragraph, the term ‘‘financial transaction’’ has
the meaning given that term in section
1956(c)(4) of title 18, United States Code.
(F) INVESTMENT.—In this paragraph, the
term ‘‘investment’’ means any contribution or
commitment of funds, commodities, services,
patents, or other forms of intellectual property,
processes, or techniques, including—
(i) a loan or loans;
(ii) the purchase of a share of owner-
ship;
(iii) participation in royalties, earn-
ings, or profits; and
(iv) the furnishing or commodities or
services pursuant to a lease or other con-
tract.
(G) EXCLUSIONS.—The term ‘‘unilateral
economic sanction’’ does not include—
(i) any measure imposed to remedy
unfair trade practices or to enforce United
States rights under a trade agreement, in-
cluding under section 337 of the Tariff Act
of 1930, title VII of that Act, title III of
the Trade Act of 1974, and sections 1374,
1376, and 1377 of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C.
3103, 3106, and 3107);
(ii) any measure imposed to remedy
market disruption or to respond to injury
to a domestic industry for which increased
imports are a substantial cause or threat
thereof, including remedies under sections
201, 406, 421, and 422 of the Trade Act
of 1974, and textile import restrictions (in-
cluding those imposed under section 204 of
the Agricultural Act of 1956 (7 U.S.C.
1784));
(iii) any measure imposed to restrict
imports of agricultural commodities to pro-
tect food safety or to ensure the orderly
marketing of commodities in the United
States, including actions taken under sec-
tion 22 of the Agricultural Adjustment Act
(7 U.S.C. 624);
(iv) any measure imposed to restrict
imports of any other products in order to
protect domestic health or safety; and
(v) any measure authorized by, or im-
posed under, a multilateral or bilateral
trade agreement to which the United
States is a signatory, including the Uru-
guay Round Agreements (as defined in sec-
tion 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501)), the North Amer-
ican Free Trade Agreement, the United
States-Israel Free Trade Agreement, and
the United States-Canada Free Trade
Agreement.
(2) AGRICULTURAL
COMMODITY.—The term
‘‘agricultural commodity’’ has the meaning given
that term in section 102(1) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5602(1)).
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