SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Governors Island Rein-
forcement Act of 1994’’.
SEC. 2. SANCTIONS AGAINST HAITI.
(a) PROHIBITING TRADE
AND CERTAIN TRANS-
ACTIONS INVOLVING HAITI.—The following are prohib-
ited:
(1) The import into the United States of any
goods or services of Haitian origin, other than publi-
cations and material imported for news publications
or news broadcast dissemination.
(2) The export to Haiti of any goods, tech-
nology (including technical data or other informa-
tion) or services from the United States, except pub-
lications, food, medicine, and medical supplies and
donations of articles intended to relieve human suf-
fering, such as clothing and temporary housing.
(3) The purchase by any United States person
of any goods for export from Haiti to any country.
(4) The performance by any United States per-
son of any contract in support of an industrial or
other commercial or governmental project in Haiti.
(5) The grant or extension of credits or loans
by any United States person to the unelected mili-
tary rulers of Haiti, its instrumentalities and con-
trolled entities.
(b) PROHIBITION OF CERTAIN AIR TRANSPORT IN-
VOLVING HAITI.—The following is prohibited:
(1) Any transaction by a United States person
relating to air transportation to or from Haiti.
(2) The provision of transportation to or from
the United States by aircraft of Haitian registration.
(3) The sale in the United States by any person
holding authority under the Federal Aviation Act of
any transportation by air which includes any stop in
Haiti.
(c) SANCTIONS AGAINST OTHER NATIONS.—
(1) If the President determines that a foreign
country is not cooperating with United States sanc-
tions against Haiti under this Act or with applicable
sanctions against Haiti imposed by the United Na-
tions and the Organization of American States, ef-
fective 60 days after such determination no United
States assistance may be provided to such foreign
country.
(2) If the President makes a determination
under paragraph (1)—
(A) the President shall impose at least one
other penalty or sanction which the President
considers to be appropriate under the Inter-
national Emergency Economic Powers Act; and
(B) the President may impose such other
sanctions and penalties under the International
Emergency Economic Powers Act as the Presi-
dent considers appropriate.
(3) For the purpose of this subsection, the term
‘‘United States assistance’’ means assistance of any
kind which is provided by grant, sale, loan, lease,
credit, guaranty, or insurance, or by any other
means, by any agency or instrumentality of the
United States Government, including—
(A) assistance under the Foreign Assist-
ance Act of 1961; and
(B) sales, credits, and guaranties under
the Arms Export Control Act.
(d) SANCTIONS BY OTHER COUNTRIES.—The Presi-
dent shall direct the United States Ambassador to the
United Nations to assume a leadership role within the
United Nations Security Council to ensure that sanctions
against Haiti unilaterally imposed by the United States
under this Act are adopted by the international commu-
nity.
(e) TERMINATION OF SANCTIONS.—The provisions of
this section shall cease to have effect on the date the Presi-
dent certifies to the Congress that the democratically-
elected President of Haiti has been reinstated and Haiti’s
military high command has met its obligations under the
Governors Island Agreement.
SEC. 3. CONGRESSIONAL STATEMENT.
(a) HUMAN RIGHTS OBSERVERS.—The Congress
strongly urges the President to take such steps as are nec-
essary to facilitate the return to Haiti of a full contingent
of human rights observers under the auspices of the
United Nations and/or the Organization of American
States.
(b) MULTINATIONAL BORDER PATROL.—Subject to
the request of the democratically-elected President of
Haiti Jean-Bertrand Aristide, the Congress strongly urges
President Clinton to take all available measures to effect
the deployment of a multinational border patrol between
the Dominican Republic and Haiti which will be fully
equipped in terms of personnel and equipment to halt
cross-border violations of sanctions against Haiti imposed
by the United States and other countries.
(c) MULTILATERAL SOCIOECONOMIC
AND PEACE-
KEEPING ASSISTANCE.—The Congress reaffirms the un-
wavering committment of the United States to support
multilateral socioeconomic and peacekeeping assistance to
Haiti upon the return to power of the democratically-elect-
ed President of Haiti and the removal of Haiti’s military
high command.
SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.
(a) IN GENERAL.—Subject to subsection (b) and not-
withstanding any other provision of law, no officer or em-
ployee of the United States shall attempt, directly or indi-
rectly, to amend, reinterpret, or nullify the Governors Is-
land Agreement.
(b) EXCEPTION.—Subsection (a) shall not apply to
the October 30, 1993, deadline for the return to power
of the democratically-elected President of Haiti, Jean-
Bertrand Aristide.
SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDIC-
TION AGREEMENT.
The President shall notify the Government of Haiti
immediately of the intention of the United States Govern-
ment to terminate the agreement between the United
States and Haiti relating to migrant interdiction (effected
by the exchange of notes signed at Port-au-Prince on Sep-
tember 23, 1981; 33 UST 3559, TIAS 6577).
SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIRE-
MENT OF NONREFOULEMENT WITH RESPECT
TO HAITI.
(a) OBLIGATIONS OUTSIDE THE UNITED STATES.—
The United States Government shall not return, cause to
be returned, or affect the movement in any manner which
results in returning, to Haiti a national or habitual resi-
dent of Haiti, who is outside the territorial boundaries of
Haiti, and no funds may be expended with respect to any
such return, unless the United States Government first
determines in a manner that incorporates procedural safe-
guards consistent with internationally endorsed standards
and guidelines that such individual is not a refugee of
Haiti under Article 1 of the Convention Relating to the
Status of Refugees (done at Geneva July 28, 1951) as
applied under Article I of the United Nations Protocol Re-
lating to the Status of Refugees (done at New York, Janu-
ary 31, 1967) or a person designated under Article 33
of the Convention Relating to the Status of Refugees.
(b) OBLIGATIONS WITHIN THE TERRITORIAL WA-
TERS OF HAITI.—The United States Government shall
not return, cause to be returned, or affect the movement
in any manner which results in returning, to Haiti a na-
tional or habitual resident of Haiti, who is within the terri-
torial waters of Haiti, and no funds may be expended with
respect to any such return, unless the United States Gov-
ernment first determines in a manner that incorporates
procedural safeguards consistent with internationally en-
dorsed standards and guidelines that if that individual
were outside the territorial boundaries of Haiti such indi-
vidual would not be a refugee of Haiti under Article I of
the Convention Relating to the Status of Refugees (done
at Geneva, July 28, 1951) as applied under Article I of
the United National Protocol Relating to the Status of
Refugees (done at New York, January 31, 1967) or a per-
son designated under Article 33 of the Convention Relat-
ing to the Status of Refugees. This subsection shall not
constitute authority for conducting operations by the
United States Government within the territorial waters of
Haiti or any other country.
(c) LIMITATIONS.—The provisions of this section do
not apply to an individual if—
(1) such individual ordered, incited, assisted, or
otherwise participated in the persecution of any per-
son on account of race, religion, nationality, mem-
bership in a particular social group or political opin-
ion; or
(2) such individual, having been convicted by a
final judgment of an aggravated felony (as defined
in section 101(a)(43) of the Immigration and Na-
tionality Act), constitutes a danger to the commu-
nity of the United States.
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to impose new obligations on the
Government of the United States in its treatment of na-
tionals and habitual residents of a country at United
States diplomatic and consular missions in that country.
SEC. 7. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) DESIGNATION.—During the period specified in
subsection (c) of this section, Haiti is hereby designated
under section 244A(b)(1) of the Immigration and Nation-
ality Act (relating to temporary protected status).
(b) ELIGIBLE HAITIANS.—Any alien—
(1) who is a national of Haiti and is present in
the United States or in the custody or control of the
United States (including Guantanamo Bay, Cuba,
and any other vessel or facility of the United States
Government) at any time during the period de-
scribed in subsection (c) of this section,
(2) who is not an alien designated under section
8(b) or 9(b) of this Act,
(3) who meets the requirements of section
244A(c)(1)(A)(iii) of the Immigration and National-
ity Act, and
(4) who, during the period described in sub-
section (c) of this section, registers for temporary
protected status to the extent and in a manner
which the Attorney General establishes,
shall be granted temporary protected status for the dura-
tion of that period and section 244A(a)(1) of the Immigra-
tion and Nationality Act shall apply with respect to such
alien.
(c) PERIOD OF DESIGNATION.—The designation pur-
suant to subsection (a) shall be in effect during the period
beginning on the date of enactment of this Act and ending
on the date on which the President certifies to the Con-
gress that the democratically-elected President of Haiti
has been reinstated and Haiti’s military high command
has met its obligations under the Governors Island Agree-
ment. Subsections (b)(2) and (b)(3) of section 244A of
the Immigration and Nationality Act do not apply with
respect to the designation pursuant to subsection (a) of
this section.
SEC. 8. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS
AND EXCLUDED FROM ADMISSION.
(a) EXCLUSION.—During the period specified in sub-
section (c), an alien designated under subsection (b) shall
be ineligible to receive any visa and shall be excluded from
admission into the United States.
(b) DESIGNATED ALIEN.—An alien designated under
this subsection is any alien who—
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support
for, or directly assisted, the military coup of Sep-
tember 30, 1991, which overthrew the democrat-
ically-elected Haitian Government of President Jean-
Bertrand Aristide;
(C) provided financial or other material support
for, or directly participated in, terrorist acts against
the Haitian people during any period after such
coup; or
(D) contributed to the obstruction of United
Nations resolutions 841 and 843, the Governors Is-
land Agreement, or the activities of the United Na-
tions Mission in Haiti.
(c) PERIOD OF EXCLUSION.—The period of exclusion
specified in this subsection begins on the date of the enact-
ment of this Act and ends on the date on which the Presi-
dent certifies to the Congress that the democratically-
elected President of Haiti has been reinstated and Haiti’s
military high command has met its obligations under the
Governors Island Agreement.
SEC. 9. BLOCKING OF ASSETS OF CERTAIN HAITIANS.
(a) BLOCKING OF ASSETS.—During the period speci-
fied in subsection (c), all property and interests in prop-
erty of aliens designated under subsection (b) that are in
the United States, that hereafter come within the United
States, or that are or hereafter come within the possession
or control of United States persons (including overseas
branches of United States persons), are blocked.
(b) DESIGNATED ALIEN.—An alien designated under
this subsection is any alien who—
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support
for, or directly assisted, the military coup of Septem-
ber 30, 1991, which overthrew the democratically-
elected Haitian Government of President Jean-
Bertrand Aristide;
(C) provided financial or other material support
for, or directly participated in, terrorist acts against
the Haitian people during any period after such
coup; or
(D) contributed to the obstruction of United
Nations resolutions 841 and 843, the Governors Is-
land Agreement, or the activities of the United Na-
tions Mission in Haiti.
(c) PERIOD OF EXCLUSION.—The period of exclusion
specified in subsection (a) begins on the date of the enact-
ment of this Act and ends on the date on which the Presi-
dent certifies to the Congress that the democratically-
elected President of Haiti has been reinstated and Haiti’s
military high command has met its obligations under the
Governors Island Agreement.
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