I
106TH CONGRESS
1ST SESSION
H. R. 3330
To provide that certain sanctions against Pakistan cannot be waived until
the President certifies that Pakistan has a democratically elected government.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mr. ROTHMAN introduced the following bill; which was referred to the Com-
mittee on International Relations, and in addition to the Committee on
Banking and Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To provide that certain sanctions against Pakistan cannot
be waived until the President certifies that Pakistan has
a democratically elected government.
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 States Support
for a Democratic Pakistan Act of 1999’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) on May 28, 1998, Pakistan conducted a
total of 5 nuclear tests, followed by a single nuclear
test on May 30, 1998, breaking its self-imposed
moratorium on nuclear testing;
(2) on May 30, 1998, the President imposed
economic and military sanctions on Pakistan, as
mandated by the Arms Export Control Act;
(3) Public Law 105–277 was approved by the
Congress on October 20, 1998, and signed by the
President on October 21, 1998, and gave the Presi-
dent the authority to waive certain economic sanc-
tions imposed on Pakistan;
(4) on November 7, 1998, in response to posi-
tive indications that Pakistan would address the
United States’ nuclear nonproliferation concerns, the
President used his authority under Public Law 105–
277 to ease sanctions against Pakistan;
(5) the President also gave United States sup-
port to emergency lending to Pakistan by the Inter-
national Monetary Fund, contingent on Pakistan
reaching agreement on a credible financial reform
program;
(6) Pakistani troops ousted Prime Minister
Nawaz Sharif and his duly elected government on
Tuesday, October 12, 1999; and
(7) the coup d’etat which occurred in Pakistan
on October 12, 1999, effectively erases much of the
progress made by Pakistan toward addressing the
United States’ nuclear nonproliferation concerns and
seriously compromises the grounds upon which sanc-
tions were initially waived.
SEC. 3. LIMITATION ON EXERCISE OF WAIVER AUTHORITY
WITH RESPECT TO PAKISTAN.
(a) BILATERAL SANCTIONS.—Notwithstanding any
other provision of law, the President may not waive, with
respect to Pakistan, the application of any sanction con-
tained in section 101 or 102 of the Arms Export Control
Act (22 U.S.C. 2799aa, 2799aa–1), section 2(b)(4) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(4)),
or section 620E(e) of the Foreign Assistance Act of 1961
(22 U.S.C. 2375(e)), until the President certifies to the
Congress that Pakistan has a democratically elected gov-
ernment.
(b) IFI SANCTIONS.—The Secretary of the Treasury
shall direct the United States Executive Director at the
International Monetary Fund, the International Bank for
Reconstruction and Development, the International Devel-
opment Association, the International Finance Corpora-
tion, and the Multilateral Investment Guarantee Agency
to use the voice and vote of the United States at each
institution to oppose the provision of assistance in any
form for any project in Pakistan, until the President cer-
tifies to the Congress that Pakistan has a democratically
elected government.
SEC. 4. REQUIREMENTS FOR PRESIDENTIAL DETERMINA-
TION.
For purposes of section 3, a democratically elected
government in Pakistan is a government which—
(1) results from free and fair elections in which
opposition parties were permitted ample time, oppor-
tunity, and freedom to organize and campaign for
such elections;
(2) is showing respect for the basic civil lib-
erties and human rights of the people of Pakistan;
and
(3) is committed to ensuring regular free and
fair elections and the full enjoyment of basic civil
liberties and human rights by the people of Paki-
stan.
SEC. 5. NATIONAL SECURITY WAIVER.
The President may waive the applicability of section
3 if the President determines that it is in the national
security interests of the United States to do so.
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