TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
HEAD
Sec. 1701. Unusual and extraordinary threat; declaration of
national emergency; exercise of Presidential authorities
STATUTE
(a) Any authority granted to the President by section 1702 of
this title may be exercised to deal with any unusual and
extraordinary threat, which has its source in whole or substantial
part outside the United States, to the national security, foreign
policy, or economy of the United States, if the President declares
a national emergency with respect to such threat.
(b) The authorities granted to the President by section 1702 of
this title may only be exercised to deal with an unusual and
extraordinary threat with respect to which a national emergency has
been declared for purposes of this chapter and may not be exercised
for any other purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new declaration of national
emergency which must be with respect to such threat.
SOURCE
(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)
MISCELLANEOUS
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110-96, Sec. 1, Oct. 16, 2007, 121 Stat. 1011, provided
that: "This Act [amending section 1705 of this title and enacting
provisions set out as a note under section 1705 of this title] may
be cited as the 'International Emergency Economic Powers
Enhancement Act'."
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109-353, Sec. 1, Oct. 13, 2006, 120 Stat. 2015, provided
that: "This Act [amending provisions set out as a note below] may
be cited as the 'North Korea Nonproliferation Act of 2006'."
Pub. L. 109-293, Sec. 1, Sept. 30, 2006, 120 Stat. 1344, provided
that: "This Act [amending section 5318A of Title 31, Money and
Finance, enacting provisions set out as notes under this section
and section 2151 of Title 22, Foreign Relations and Intercourse,
and amending provisions set out as a note under this section] may
be cited as the 'Iran Freedom Support Act'."
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109-112, Sec. 1, Nov. 22, 2005, 119 Stat. 2366, provided
that: "This Act [enacting provisions set out as a note under this
section and amending provisions set out as notes under this section
and section 2797b of Title 22, Foreign Relations and Intercourse]
may be cited as the 'Iran Nonproliferation Amendments Act of
2005'."
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-24, Sec. 1, Aug. 3, 2001, 115 Stat. 199, provided
that: "This Act [enacting and amending provisions set out as notes
below] may be cited as the 'ILSA Extension Act of 2001'."
SHORT TITLE
Section 201 of title II of Pub. L. 95-223 provided that: "This
title [enacting this chapter] may be cited as the 'International
Emergency Economic Powers Act'."
SEPARABILITY
Section 208 of Pub. L. 95-223 provided that: "If any provision of
this Act [enacting this chapter] is held invalid, the remainder of
the Act shall not be affected thereby."
SUDAN ACCOUNTABILITY AND DIVESTMENT
Pub. L. 110-174, Dec. 31, 2007, 121 Stat. 2516, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Sudan Accountability and
Divestment Act of 2007'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1) Appropriate congressional committees. - The term
'appropriate congressional committees' means -
"(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
"(B) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
"(2) Business operations. - The term 'business operations'
means engaging in commerce in any form in Sudan, including by
acquiring, developing, maintaining, owning, selling, possessing,
leasing, or operating equipment, facilities, personnel, products,
services, personal property, real property, or any other
apparatus of business or commerce.
"(3) Executive agency. - The term 'executive agency' has the
meaning given the term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
"(4) Government of sudan. - The term 'Government of Sudan' -
"(A) means the government in Khartoum, Sudan, which is led by
the National Congress Party (formerly known as the National
Islamic Front) or any successor government formed on or after
October 13, 2006 (including the coalition National Unity
Government agreed upon in the Comprehensive Peace Agreement for
Sudan); and
"(B) does not include the regional government of southern
Sudan.
"(5) Marginalized populations of sudan. - The term
'marginalized populations of Sudan' refers to -
"(A) adversely affected groups in regions authorized to
receive assistance under section 8(c) of the Darfur Peace and
Accountability Act [of 2006] (Public Law 109-344; 50 U.S.C.
1701 note); and
"(B) marginalized areas in Northern Sudan described in
section 4(9) of such Act.
"(6) Military equipment. - The term 'military equipment' means -
"(A) weapons, arms, military supplies, and equipment that
readily may be used for military purposes, including radar
systems or military-grade transport vehicles; or
"(B) supplies or services sold or provided directly or
indirectly to any force actively participating in armed
conflict in Sudan.
"(7) Mineral extraction activities. - The term 'mineral
extraction activities' means exploring, extracting, processing,
transporting, or wholesale selling or trading of elemental
minerals or associated metal alloys or oxides (ore), including
gold, copper, chromium, chromite, diamonds, iron, iron ore,
silver, tungsten, uranium, and zinc.
"(8) Oil-related activities. -
"(A) In general. - Except as provided in subparagraph (B),
the term 'oil-related activities' means -
"(i) exporting, extracting, producing, refining,
processing, exploring for, transporting, selling, or trading
oil; and
"(ii) constructing, maintaining, or operating a pipeline,
refinery, or other oilfield infrastructure.
"(B) Exclusions. - A person shall not be considered to be
involved in an oil-related activity if -
"(i) the person is involved in the retail sale of gasoline
or related consumer products in Sudan but is not involved in
any other activity described in subparagraph (A); or
"(ii) the person is involved in leasing, or owns, rights to
an oil block in Sudan but is not involved in any other
activity described in subparagraph (A).
"(9) Person. - The term 'person' means -
"(A) a natural person, corporation, company, business
association, partnership, society, trust, any other
nongovernmental entity, organization, or group;
"(B) any governmental entity or instrumentality of a
government, including a multilateral development institution
(as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
"(C) any successor, subunit, parent company or subsidiary of
any entity described in subparagraph (A) or (B).
"(10) Power production activities. - The term 'power production
activities' means any business operation that involves a project
commissioned by the National Electricity Corporation of Sudan or
other similar entity of the Government of Sudan whose purpose is
to facilitate power generation and delivery, including
establishing power-generating plants or hydroelectric dams,
selling or installing components for the project, or providing
service contracts related to the installation or maintenance of
the project.
"(11) State. - The term 'State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
"(12) State or local government. - The term 'State or local
government' includes -
"(A) any State and any agency or instrumentality thereof;
"(B) any local government within a State, and any agency or
instrumentality thereof;
"(C) any other governmental instrumentality; and
"(D) any public institution of higher education within the
meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
"SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM
CERTAIN COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE
SECTORS.
"(a) Sense of Congress. - It is the sense of Congress that the
United States Government should support the decision of any State
or local government to divest from, or to prohibit the investment
of assets of the State or local government in, a person that the
State or local government determines poses a financial or
reputational risk.
"(b) Authority To Divest. - Notwithstanding any other provision
of law, a State or local government may adopt and enforce measures
that meet the requirements of subsection (e) to divest the assets
of the State or local government from, or prohibit investment of
the assets of the State or local government in, persons that the
State or local government determines, using credible information
available to the public, are conducting or have direct investments
in business operations described in subsection (d).
"(c) Notice to Department of Justice. - Not later than 30 days
after adopting a measure pursuant to subsection (b), a State or
local government shall submit written notice to the Attorney
General describing the measure.
"(d) Business Operations Described. -
"(1) In general. - Business operations described in this
subsection are business operations in Sudan that include power
production activities, mineral extraction activities, oil-related
activities, or the production of military equipment.
"(2) Exceptions. - Business operations described in this
subsection do not include business operations that the person
conducting the business operations can demonstrate -
"(A) are conducted under contract directly and exclusively
with the regional government of southern Sudan;
"(B) are conducted under a license from the Office of Foreign
Assets Control, or are expressly exempted under Federal law
from the requirement to be conducted under such a license;
"(C) consist of providing goods or services to marginalized
populations of Sudan;
"(D) consist of providing goods or services to an
internationally recognized peacekeeping force or humanitarian
organization;
"(E) consist of providing goods or services that are used
only to promote health or education; or
"(F) have been voluntarily suspended.
"(e) Requirements. - Any measure taken by a State or local
government under subsection (b) shall meet the following
requirements:
"(1) Notice. - The State or local government shall provide
written notice and an opportunity to comment in writing to each
person to whom a measure is to be applied.
"(2) Timing. - The measure shall apply to a person not earlier
than the date that is 90 days after the date on which written
notice is provided to the person under paragraph (1).
"(3) Applicability. - The measure shall not apply to a person
that demonstrates to the State or local government that the
person does not conduct or have direct investments in business
operations described in subsection (d).
"(4) Sense of congress on avoiding erroneous targeting. - It is
the sense of Congress that a State or local government should not
adopt a measure under subsection (b) with respect to a person
unless the State or local government has made every effort to
avoid erroneously targeting the person and has verified that the
person conducts or has direct investments in business operations
described in subsection (d).
"(f) Definitions. - In this section:
"(1) Investment. - The 'investment' of assets, with respect to
a State or local government, includes -
"(A) a commitment or contribution of assets;
"(B) a loan or other extension of credit of assets; and
"(C) the entry into or renewal of a contract for goods or
services.
"(2) Assets. -
"(A) In general. - Except as provided in subparagraph (B),
the term 'assets' refers to public monies and includes any
pension, retirement, annuity, or endowment fund, or similar
instrument, that is controlled by a State or local government.
"(B) Exception. - The term 'assets' does not include employee
benefit plans covered by title I of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
"(g) Nonpreemption. - A measure of a State or local government
authorized under subsection (b) is not preempted by any Federal law
or regulation.
"(h) Effective Date. -
"(1) In general. - Except as provided in paragraph (2), this
section applies to measures adopted by a State or local
government before, on, or after the date of the enactment of this
Act [Dec. 31, 2007].
"(2) Notice requirements. - Subsections (c) and (e) apply to
measures adopted by a State or local government on or after the
date of the enactment of this Act.
"SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
MANAGERS.
"(a) In General. - [Amended section 80a-13 of Title 15, Commerce
and Trade]
"(b) SEC Regulations. - Not later than 120 days after the date of
the enactment of this Act [Dec. 31, 2007], the Securities and
Exchange Commission shall prescribe regulations, in the public
interest and for the protection of investors, to require disclosure
by each registered investment company that divests itself of
securities in accordance with section 13(c) of the Investment
Company Act of 1940 [15 U.S.C. 80a-13(c)]. Such rules shall require
the disclosure to be included in the next periodic report filed
with the Commission under section 30 of such Act (15 U.S.C. 80a-29)
following such divestiture.
"SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN
INVESTMENTS.
"It is the sense of Congress that a fiduciary of an employee
benefit plan, as defined in section 3(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan
assets from, or avoid investing plan assets in, any person the
fiduciary determines is conducting or has direct investments in
business operations in Sudan described in section 3(d) of this Act,
without breaching the responsibilities, obligations, or duties
imposed upon the fiduciary by section 404 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1104), if -
"(1) the fiduciary makes such determination using credible
information that is available to the public; and
"(2) such divestment or avoidance of investment is conducted in
accordance with section 2509.94-1 of title 29, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act [Dec. 31, 2007]).
"SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.
"(a) Certification Requirement. - The head of each executive
agency shall ensure that each contract entered into by such
executive agency for the procurement of goods or services includes
a clause that requires the contractor to certify to the contracting
officer that the contractor does not conduct business operations in
Sudan described in section 3(d).
"(b) Remedies. -
"(1) In general. - The head of an executive agency may impose
remedies as provided in this subsection if the head of the
executive agency determines that the contractor has submitted a
false certification under subsection (a) after the date the
Federal Acquisition Regulation is amended under subsection (e) to
implement the requirements of this section.
"(2) Termination. - The head of an executive agency may
terminate a covered contract upon the determination of a false
certification under paragraph (1).
"(3) Suspension and debarment. - The head of an executive
agency may debar or suspend a contractor from eligibility for
Federal contracts upon the determination of a false certification
under paragraph (1). The debarment period may not exceed 3 years.
"(4) Inclusion on list of parties excluded from federal
procurement and nonprocurement programs. - The Administrator of
General Services shall include on the List of Parties Excluded
from Federal Procurement and Nonprocurement Programs maintained
by the Administrator under part 9 of the Federal Acquisition
Regulation issued under section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421) each contractor that is
debarred, suspended, proposed for debarment or suspension, or
declared ineligible by the head of an executive agency on the
basis of a determination of a false certification under paragraph
(1).
"(5) Rule of construction. - This section shall not be
construed to limit the use of other remedies available to the
head of an executive agency or any other official of the Federal
Government on the basis of a determination of a false
certification under paragraph (1).
"(c) Waiver. -
"(1) In general. - The President may waive the requirement of
subsection (a) on a case-by-case basis if the President
determines and certifies in writing to the appropriate
congressional committees that it is in the national interest to
do so.
"(2) Reporting requirement. - Not later than April 15, 2008,
and semi-annually thereafter, the Administrator for Federal
Procurement Policy shall submit to the appropriate congressional
committees a report on waivers granted under paragraph (1).
"(d) Implementation Through the Federal Acquisition Regulation. -
Not later than 120 days after the date of the enactment of this Act
[Dec. 31, 2007], the Federal Acquisition Regulatory Council shall
amend the Federal Acquisition Regulation issued pursuant to section
25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)
to provide for the implementation of the requirements of this
section.
"(e) Report. - Not later than one year after the date the Federal
Acquisition Regulation is amended under subsection (e) to implement
the requirements of this section, the Administrator of General
Services, with the assistance of other executive agencies, shall
submit to the Office of Management and Budget and the appropriate
congressional committees a report on the actions taken under this
section.
"SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.
"It is the sense of Congress that the governments of all other
countries should adopt measures, similar to those contained in this
Act, to publicize the activities of all persons that, through their
financial dealings, knowingly or unknowingly enable the Government
of Sudan to continue to oppress and commit genocide against people
in the Darfur region and other regions of Sudan, and to authorize
divestment from, and the avoidance of further investment in, such
persons.
"SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN.
"It is the sense of Congress that the President should -
"(1) continue to work with other members of the international
community, including the Permanent Members of the United Nations
Security Council, the African Union, the European Union, the Arab
League, and the Government of Sudan to facilitate the urgent
deployment of a peacekeeping force to Sudan; and
"(2) bring before the United Nations Security Council, and call
for a vote on, a resolution requiring meaningful multilateral
sanctions against the Government of Sudan in response to its acts
of genocide against the people of Darfur and its continued
refusal to allow the implementation of a peacekeeping force in
Sudan.
"SEC. 9. SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF
THE UNITED STATES.
"It is the sense of Congress that nothing in this Act -
"(1) conflicts with the international obligations or
commitments of the United States; or
"(2) affects article VI, clause 2, of the Constitution of the
United States.
"SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
"(a) In General. - The Secretary of State and the Secretary of
the Treasury shall submit to the appropriate congressional
committees a report assessing the effectiveness of sanctions
imposed with respect to Sudan at the time the Secretary of State
and the Secretary of the Treasury submits [sic] reports required
under -
"(1) the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701
note);
"(2) the Comprehensive Peace in Sudan Act of 2004 (Public Law
108-497; 50 U.S.C. 1701 note); and
"(3) the Darfur Peace and Accountability Act of 2006 (Public
Law 109-344; 50 U.S.C. 1701 note).
"(b) Additional Report by the Secretary of the Treasury. - The
Secretary of the Treasury shall submit to the appropriate
congressional committees a report assessing the effectiveness of
sanctions imposed with respect to Sudan under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) at the time
the President submits the reports required by section 204(c) of
such Act (50 U.S.C. 1703(c)) with respect to Executive Order 13,067
[13067] (50 U.S.C. 1701 note; relating to blocking property of
persons in connection with the conflict in Sudan's region of
Darfur).
"(c) Contents. - The reports required by subsections (a) and (b)
shall include -
"(1) a description of each sanction imposed under a law or
executive order described in subsection (a) or (b);
"(2) the name of the person subject to the sanction, if any;
and
"(3) whether or not the person subject to the sanction is also
subject to sanctions imposed by the United Nations.
"SEC. 11. REPEAL OF REPORTING REQUIREMENT.
"Section 6305 of the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28; 121 Stat. 172) is repealed.
"SEC. 12. TERMINATION.
"The provisions of sections 3, 4, 5, 6, and 10 shall terminate 30
days after the date on which the President has certified to
Congress that the Government of Sudan has honored its commitments
to -
"(1) abide by United Nations Security Council Resolution 1769
(2007);
"(2) cease attacks on civilians;
"(3) demobilize and demilitarize the Janjaweed and associated
militias;
"(4) grant free and unfettered access for delivery of
humanitarian assistance; and
"(5) allow for the safe and voluntary return of refugees and
internally displaced persons."
DARFUR PEACE AND ACCOUNTABILITY
Pub. L. 109-344, Oct. 13, 2006, 120 Stat. 1869, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a) Short Title. - This Act may be cited as the 'Darfur Peace
and Accountability Act of 2006'.
"(b) Table of Contents. - [Omitted.]
"SEC. 2. DEFINITIONS.
"In this Act:
"(1) AMIS. - The term 'AMIS' means the African Union Mission in
Sudan.
"(2) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations [now Committee on Foreign Affairs] of the
House of Representatives.
"(3) Comprehensive peace agreement for sudan. - The term
'Comprehensive Peace Agreement for Sudan' means the peace
agreement signed by the Government of Sudan and the SPLM/A in
Nairobi, Kenya, on January 9, 2005.
"(4) Darfur peace agreement. - The term 'Darfur Peace
Agreement' means the peace agreement signed by the Government of
Sudan and by Minni Minnawi, leader of the Sudan Liberation
Movement/Army Faction, in Abuja, Nigeria, on May 5, 2006.
"(5) Government of sudan. - The term 'Government of Sudan' -
"(A) means -
"(i) the government in Khartoum, Sudan, which is led by the
National Congress Party (formerly known as the National
Islamic Front); or
"(ii) any successor government formed on or after the date
of the enactment of this Act [Oct. 13, 2006] (including the
coalition National Unity Government agreed upon in the
Comprehensive Peace Agreement for Sudan); and
"(B) does not include the regional government of Southern
Sudan.
"(6) Officials of the government of sudan. - The term 'official
of the Government of Sudan' does not include any individual -
"(A) who was not a member of such government before July 1,
2005; or
"(B) who is a member of the regional government of Southern
Sudan.
"(7) SPLM/A. - The term 'SPLM/A' means the Sudan People's
Liberation Movement/Army.
"SEC. 3. FINDINGS.
"Congress makes the following findings:
"(1) On July 23, 2004, Congress declared, 'the atrocities
unfolding in Darfur, Sudan, are genocide'.
"(2) On September 9, 2004, Secretary of State Colin L. Powell
stated before the Committee on Foreign Relations of the Senate,
'genocide has occurred and may still be occurring in Darfur', and
'the Government of Sudan and the Janjaweed bear responsibility'.
"(3) On September 21, 2004, in an address before the United
Nations General Assembly, President George W. Bush affirmed the
Secretary of State's finding and stated, '[a]t this hour, the
world is witnessing terrible suffering and horrible crimes in the
Darfur region of Sudan, crimes my government has concluded are
genocide'.
"(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556 (2004), calling upon the
Government of Sudan to disarm the Janjaweed militias and to
apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of human
rights and international humanitarian law, and establishing a ban
on the sale or supply of arms and related materiel of all types,
including the provision of related technical training or
assistance, to all nongovernmental entities and individuals,
including the Janjaweed.
"(5) On September 18, 2004, the United Nations Security Council
passed Security Council Resolution 1564 (2004), determining that
the Government of Sudan had failed to meet its obligations under
Security Council Resolution 1556 (2004), calling for a military
flight ban in and over the Darfur region, demanding the names of
Janjaweed militiamen disarmed and arrested for verification,
establishing an International Commission of Inquiry on Darfur to
investigate violations of international humanitarian and human
rights laws, and threatening sanctions should the Government of
Sudan fail to fully comply with Security Council Resolutions 1556
(2004) and 1564 (2004), including such actions as to affect
Sudan's petroleum sector or individual members of the Government
of Sudan.
"(6) The Report of the International Commission of Inquiry on
Darfur, submitted to the United Nations Secretary-General on
January 25, 2005, established that the 'Government of the Sudan
and the Janjaweed are responsible for serious violations of
international human rights and humanitarian law amounting to
crimes under international law,' that 'these acts were conducted
on a widespread and systematic basis, and therefore may amount to
crimes against humanity,' and that officials of the Government of
Sudan and other individuals may have acted with 'genocidal
intent'.
"(7) On March 24, 2005, the United Nations Security Council
passed Security Council Resolution 1590 (2005), establishing the
United Nations Mission in Sudan (referred to in this section as
the 'UNMIS'), consisting of up to 10,000 military personnel and
715 civilian police tasked with supporting the implementation of
the Comprehensive Peace Agreement for Sudan and to 'closely and
continuously liaise and coordinate at all levels with the African
Union Mission in Sudan (AMIS)', which had been established by the
African Union on May 24, 2004, to monitor the implementation of
the N'Djamena Humanitarian Ceasefire Agreement, signed on April
8, 2004, 'with a view towards expeditiously reinforcing the
effort to foster peace in Darfur'.
"(8) On March 29, 2005, the United Nations Security Council
passed Security Council Resolution 1591 (2005), extending the
military embargo established by Security Council Resolution 1556
(2004) to all the parties to the N'Djamena Ceasefire Agreement of
April 8, 2004, and any other belligerents in the states of North
Darfur, South Darfur, and West Darfur, calling for an asset
freeze and travel ban against those individuals who impede the
peace process, constitute a threat to stability in Darfur and the
region, commit violations of international humanitarian or human
rights law or other atrocities, are responsible for offensive
military overflights, or violate the military embargo, and
establishing a Committee of the Security Council and a panel of
experts to assist in monitoring compliance with Security Council
Resolutions 1556 (2004) and 1591 (2005).
"(9) On March 31, 2005, the United Nations Security Council
passed Security Council Resolution 1593 (2005), referring the
situation in Darfur since July 1, 2002, to the prosecutor of the
International Criminal Court and calling on the Government of
Sudan and all parties to the conflict to cooperate fully with the
Court.
"(10) On July 30, 2005, Dr. John Garang de Mabior, the newly
appointed Vice President of Sudan and the leader of the SPLM/A
for the past 21 years, was killed in a tragic helicopter crash in
Southern Sudan, sparking riots in Khartoum and challenging the
commitment of all Sudanese to the Comprehensive Peace Agreement
for Sudan.
"(11) On January 12, 2006, the African Union Peace and Security
Council issued a communique endorsing, in principle, a transition
from AMIS to a United Nations peacekeeping operation and
requested the Chairperson of the Council to initiate
consultations with the United Nations and other stakeholders
toward this end.
"(12) On February 3, 2006, the United Nations Security Council
issued a Presidential Statement authorizing the initiation of
contingency planning for a transition from AMIS to a United
Nations peacekeeping operation.
"(13) On March 10, 2006, the African Union Peace and Security
Council extended the mandate of AMIS, which had reached a force
size of 7,000, to September 30, 2006, while simultaneously
endorsing the transition of AMIS to a United Nations peacekeeping
operation and setting April 30, 2006 as the deadline for reaching
an agreement to resolve the crisis in Darfur.
"(14) On March 24, 2006, the United Nations Security Council
passed Security Council Resolution 1663 (2006), which -
"(A) welcomes the African Peace and Security Council's March
10, 2006 communique; and
"(B) requests that the United Nations Secretary-General,
jointly with the African Union and in consultation with the
parties to the Abuja Peace Talks, expedite planning for the
transition of AMIS to a United Nations peacekeeping operation.
"(15) On March 29, 2006, during a speech at Freedom House,
President Bush called for a transition to a United Nations
peacekeeping operation and 'additional forces with a NATO overlay
. . . to provide logistical and command-and-control and airlift
capacity, but also to send a clear signal to parties involved
that the west is determined to help effect a settlement.'.
"(16) On April 25, 2006, the United Nations Security Council
passed Security Council Resolution 1672 (2006), unanimously
imposing targeted financial sanctions and travel restrictions on
4 individuals who had been identified as those who, among other
acts, 'impede the peace process, constitute a threat to stability
in Darfur and the region, commit violations of international
humanitarian or human rights law or other atrocities', including
the Commander of the Western Military Region for the armed forces
of Sudan, the Paramount Chief of the Jalul Tribe in North Darfur,
the Commander of the Sudan Liberation Army, and the Field
Commander of the National Movement for Reform and Development.
"(17) On May 5, 2006, under the auspices of African Union
mediation and the direct engagement of the international
community, including the United States, the Government of Sudan
and the largest rebel faction in Darfur, the Sudan Liberation
Movement, led by Minni Minnawi, signed the Darfur Peace
Agreement, which addresses security, power sharing, and wealth
sharing issues between the parties.
"(18) In August 2006, the Sudanese government began to amass
military forces and equipment in the Darfur region in
contravention of the Darfur Peace Agreement to which they are
signatories in what appears to be preliminary to full scale war.
"(19) On August 30, 2006, the United Nations Security Council
passed Security Council Resolution 1706 (2006), without dissent
and with abstentions by China, Russian Federation, and Qatar,
thereby asserting that the existing United Nations Mission in
Sudan 'shall take over from AMIS responsibility for supporting
the implementation of the Darfur Peace Agreement upon the
expiration of AMIS' mandate but in any event no later than 31
December 2006', and that UNMIS 'shall be strengthened by up to
17,300 military personnel . . . 3,300 civilian police personnel
and up to 16 Formed Police Units', which 'shall begin to be
deployed [to Darfur] no later than 1 October 2006'.
"(20) Between August 30 and September 3, 2006, President Bashir
and other senior members of his administration have publicly
rejected United Nations Security Council Resolution 1706 (2006),
calling it illegal and a western invasion of his country, despite
the current presence of 10,000 United Nations peacekeepers under
the UNMIS peacekeeping force.
"(21) Since 1993, the Secretary of State has determined,
pursuant to section 6(j) of the Export Administration Act of 1979
(50 App. U.S.C. 2405(j)), that Sudan is a country, the government
of which has repeatedly provided support for acts of
international terrorism, thereby restricting United States
assistance, defense exports and sales, and financial and other
transactions with the Government of Sudan.
"SEC. 4. SENSE OF CONGRESS.
"It is the sense of Congress that -
"(1) the genocide unfolding in the Darfur region of Sudan is
characterized by acts of terrorism and atrocities directed
against civilians, including mass murder, rape, and sexual
violence committed by the Janjaweed and associated militias with
the complicity and support of the National Congress Party-led
faction of the Government of Sudan;
"(2) all parties to the conflict in the Darfur region have
continued to violate the N'Djamena Ceasefire Agreement of April
8, 2004, and the Abuja Protocols of November 9, 2004, and
violence against civilians, humanitarian aid workers, and
personnel of AMIS is increasing;
"(3) the African Union should immediately make all necessary
preparations for an orderly transition to a United Nations
peacekeeping operation, which will maintain an appropriate level
of African participation, with a mandate to protect civilians and
humanitarian operations, assist in the implementation of the
Darfur Peace Agreement, and deter violence in the Darfur region;
"(4) the international community, including the United States
and the European Union, should immediately act to mobilize
sufficient political, military, and financial resources through
the United Nations and the North Atlantic Treaty Organization, to
support the transition of AMIS to a United Nations peacekeeping
operation with the size, strength, and capacity necessary to
protect civilians and humanitarian operations, to assist with the
implementation of the Darfur Peace Agreement, and to end the
continued violence in the Darfur region;
"(5) if an expanded and reinforced AMIS or subsequent United
Nations peacekeeping operation fails to stop genocide in the
Darfur region, the international community should take additional
measures to prevent and suppress acts of genocide in the Darfur
region;
"(6) acting under article 5 of the Charter of the United
Nations, the United Nations Security Council should call for
suspension of the Government of Sudan's rights and privileges of
membership by the General Assembly until such time as the
Government of Sudan has honored pledges to cease attacks upon
civilians, demobilize and demilitarize the Janjaweed and
associated militias, and grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region;
"(7) the President should use all necessary and appropriate
diplomatic means to ensure the full discharge of the
responsibilities of the Committee of the United Nations Security
Council and the panel of experts established pursuant to section
3(a) of Security Council Resolution 1591 (2005);
"(8) the President should direct the United States Permanent
Representative to the United Nations to use the voice, vote, and
influence of the United States to urge the adoption of a
resolution by the United Nations Security Council that -
"(A) extends the military embargo established by United
Nations Security Resolutions 1556 (2004) and 1591 (2005) to
include a total ban on the sale or supply of offensive military
equipment to the Government of Sudan, except for use in an
internationally recognized demobilization program or for
nonlethal assistance necessary to carry out elements of the
Comprehensive Peace Agreement for Sudan or the Darfur Peace
Agreement; and
"(B) calls upon those member states of the United Nations
that continue to undermine efforts to foster peace in Sudan by
providing military assistance to the Government of Sudan,
government supported militias, or any rebel group operating in
Darfur in violation of the embargo on such assistance and
equipment, as called for in United Nations Security Council
Resolutions 1556 (2004) and 1591 (2005), to immediately cease
and desist.
"(9) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Comprehensive Peace Agreement for Sudan and
the Darfur Peace Agreement, the support of the regional
Government of Southern Sudan, the Transitional Darfur Regional
Authority, and marginalized areas in Northern Sudan (including
the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan
(Beja), Darfur, and Nubia), or for humanitarian purposes in
Sudan, until the Government of Sudan has honored pledges to cease
attacks upon civilians, demobilize and demilitarize the Janjaweed
and associated militias, grant free and unfettered access for
deliveries of humanitarian assistance in the Darfur region, and
allow for the safe and voluntary return of refugees and
internally displaced persons;
"(10) the President should seek to assist members of the
Sudanese diaspora in the United States by establishing a student
loan forgiveness program for those individuals who commit to
return to Southern Sudan for a period of not less than 5 years
for the purpose of contributing professional skills needed for
the reconstruction of Southern Sudan;
"(11) the Presidential Special Envoy for Sudan should be
provided with appropriate resources and a clear mandate to -
"(A) provide stewardship of efforts to implement the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement;
"(B) seek ways to bring stability and peace to the Darfur
region;
"(C) address instability elsewhere in Sudan, Chad, and
northern Uganda; and
"(D) pursue a truly comprehensive peace throughout the
region;
"(12) the international community should strongly condemn
attacks against humanitarian workers and African Union personnel,
and the forcible recruitment of refugees and internally displaced
persons from camps in Chad and Sudan, and demand that all armed
groups in the region, including the forces of the Government of
Sudan, the Janjaweed, associated militias, the Sudan Liberation
Movement/Army, the Justice and Equality Movement, the National
Movement for Reform and Development (NMRD), and all other armed
groups refrain from such activities;
"(13) the United States should fully support the Comprehensive
Peace Agreement for Sudan and the Darfur Peace Agreement and urge
rapid implementation of their terms;
"(14) the May 5, 2006[,] signing of the Darfur Peace Agreement
between the Government of Sudan and the Sudan Liberation Movement
was a positive development in a situation that has seen little
political progress in 2 years and should be seized upon by all
sides to begin the arduous process of post-conflict
reconstruction, restitution, justice, and reconciliation; and
"(15) the new leadership of the Sudan People's Liberation
Movement (referred to in this paragraph as 'SPLM') should -
"(A) seek to transform SPLM into an inclusive, transparent,
and democratic body;
"(B) reaffirm the commitment of SPLM to -
"(i) bring peace to Southern Sudan, the Darfur region, and
Eastern Sudan; and
"(ii) eliminate safe haven for regional rebel movements,
such as the Lord's Resistance Army; and
"(C) remain united in the face of efforts to undermine SPLM.
"SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
"(a) Blocking of Assets and Restriction on Visas. - [Amended Pub.
L. 108-497, set out below.]
"(b) Waiver. - [Amended Pub. L. 108-497, set out below.]
"(c) Sanctions Against Janjaweed Commanders and Coordinators or
Other Individuals. - It is the sense of Congress, that the
President should immediately impose the sanctions described in
section 6(c) of the Comprehensive Peace in Sudan Act of 2004 [Pub.
L. 108-497, set out below], as added by subsection (a), against any
individual, including the Janjaweed commanders and coordinators,
identified as those who, among other acts, 'impede the peace
process, constitute a threat to stability in Darfur and the region,
commit violations of international humanitarian or human rights law
or other atrocities'.
"SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN
DARFUR.
"(a) Presidential Assistance To Support AMIS. - Subject to
subsection (b) and notwithstanding any other provision of law, the
President is authorized to provide AMIS with -
"(1) assistance for any expansion of the mandate, size,
strength, and capacity to protect civilians and humanitarian
operations in order to help stabilize the Darfur region of Sudan
and dissuade and deter air attacks directed against civilians and
humanitarian workers; and
"(2) assistance in the areas of logistics, transport,
communications, material support, technical assistance, training,
command and control, aerial surveillance, and intelligence.
"(b) Conditions. -
"(1) In general. - Assistance provided under subsection (a) -
"(A) shall be used only in the Darfur region; and
"(B) shall not be provided until AMIS has agreed not to
transfer title to, or possession of, any such assistance to
anyone not an officer, employee or agent of AMIS (or subsequent
United Nations peacekeeping operation), and not to use or to
permit the use of such assistance for any purposes other than
those for which such assistance was furnished, unless the
consent of the President has first been obtained, and written
assurances reflecting all of the forgoing have been obtained
from AMIS by the President.
"(2) Consent. - If the President consents to the transfer of
such assistance to anyone not an officer, employee, or agent of
AMIS (or subsequent United Nations peacekeeping operation), or
agrees to permit the use of such assistance for any purposes
other than those for which such assistance was furnished, the
President shall immediately notify the Committee on Foreign
Relations of the Senate and the Committee on International
Relations [now Committee on Foreign Affairs] of the House of
Representatives in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).
"(c) NATO Assistance To Support AMIS. - It is the sense of
Congress that the President should continue to instruct the United
States Permanent Representative to the North Atlantic Treaty
Organization (referred to in this section as 'NATO') to use the
voice, vote, and influence of the United States at NATO to -
"(1) advocate NATO reinforcement of the AMIS and its orderly
transition to a United Nations peacekeeping operation, as
appropriate;
"(2) provide assets to help dissuade and deter air strikes
directed against civilians and humanitarian workers in the Darfur
region of Sudan; and
"(3) provide other logistical, transportation, communications,
training, technical assistance, command and control, aerial
surveillance, and intelligence support.
"(d) Rule of Construction. - Nothing in this Act, or any
amendment made by this Act, shall be construed as a provision
described in section 5(b)(1) or 8(a)(1) of the War Powers
Resolution (Public Law 93-148; 50 U.S.C. 1544(b), 1546(a)(1)
[1547(a)(1)]).
"(e) Denial of Entry at United States Ports to Certain Cargo
Ships or Oil Tankers. -
"(1) In general. - The President should take all necessary and
appropriate steps to deny the Government of Sudan access to oil
revenues, including by prohibiting entry at United States ports
to cargo ships or oil tankers engaged in business or trade
activities in the oil sector of Sudan or involved in the shipment
of goods for use by the armed forces of Sudan until such time as
the Government of Sudan has honored its commitments to cease
attacks on civilians, demobilize and demilitarize the Janjaweed
and associated militias, grant free and unfettered access for
deliveries of humanitarian assistance, and allow for the safe and
voluntary return of refugees and internally displaced persons.
"(2) Exception. - Paragraph (1) shall not apply with respect to
cargo ships or oil tankers involved in -
"(A) an internationally-recognized demobilization program;
"(B) the shipment of non-lethal assistance necessary to carry
out elements of the Comprehensive Peace Agreement for Sudan or
the Darfur Peace Agreement; or
"(C) the shipment of military assistance necessary to carry
out elements of an agreement referred to in subparagraph (B) if
the President has made the determination set forth in section
8(c)(2).
"(f) Prohibition on Assistance to Countries in Violation of
United Nations Security Council Resolutions 1556 and 1591. -
"(1) Prohibition. - Amounts made available to carry out the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not
be used to provide assistance (other than humanitarian
assistance) to the government of a country that is in violation
of the embargo on military assistance with respect to Sudan
imposed pursuant to United Nations Security Council Resolutions
1556 (2004) and 1591 (2005).
"(2) Waiver. - The President may waive the application of
paragraph (1) if the President determines, and certifies to the
appropriate congressional committees, that such waiver is in the
national interests of the United States.
"SEC. 7. CONTINUATION OF RESTRICTIONS.
"(a) In General. - Restrictions against the Government of Sudan
that were imposed pursuant to Executive Order No. 13067 of November
3, 1997 (62 Federal Register 59989) [listed in a table below],
title III and sections 508, 512, 527, and 569 of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 2006 (Public Law 109-102) [119 Stat. 2191, 2197, 2199, 2205,
2228], or any other similar provision of law, shall remain in
effect, and shall not be lifted pursuant to such provisions of law,
until the President certifies to the appropriate congressional
committees that the Government of Sudan is acting in good faith to -
"(1) implement the Darfur Peace Agreement;
"(2) disarm, demobilize, and demilitarize the Janjaweed and all
militias allied with the Government of Sudan;
"(3) adhere to all associated United Nations Security Council
Resolutions, including Security Council Resolutions 1556 (2004),
1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006),
and 1706 (2006);
"(4) negotiate a peaceful resolution to the crisis in eastern
Sudan;
"(5) fully cooperate with efforts to disarm, demobilize, and
deny safe haven to members of the Lord's Resistance Army in
Sudan; and
"(6) fully implement the Comprehensive Peace Agreement for
Sudan without manipulation or delay, by -
"(A) implementing the recommendations of the Abyei Boundaries
Commission Report;
"(B) establishing other appropriate commissions and
implementing and adhering to the recommendations of such
commissions consistent with the terms of the Comprehensive
Peace Agreement for Sudan;
"(C) adhering to the terms of the Wealth Sharing Agreement;
and
"(D) withdrawing government forces from Southern Sudan
consistent with the terms of the Comprehensive Peace Agreement
for Sudan.
"(b) Waiver. - The President may waive the application of
subsection (a) if the President determines, and certifies to the
appropriate congressional committees, that such waiver is in the
national interests of the United States.
"SEC. 8. ASSISTANCE EFFORTS IN SUDAN.
"(a) Assistance for International Malaria Control Act. -
[Repealed section 501 of Pub. L. 106-570, formerly set out below.]
"(b) Comprehensive Peace in Sudan Act. - [Amended Pub. L. 108-
497, set out below.]
"(c) Economic Assistance. -
"(1) In general. - Notwithstanding any other provision of law,
the President is authorized to provide economic assistance for
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile
State, Abyei, Darfur, and marginalized areas in and around
Khartoum, in an effort to provide emergency relief, to promote
economic self-sufficiency, to build civil authority, to provide
education, to enhance rule of law and the development of judicial
and legal frameworks, and to support people to people
reconciliation efforts, or to implement any nonmilitary program
in support of any viable peace agreement in Sudan, including the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement.
"(2) Congressional notification. - Assistance may not be
obligated under this subsection until 15 days after the date on
which the Secretary of State notifies the congressional
committees specified in section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1) of such obligation in accordance
with the procedures applicable to reprogramming notifications
under such section.
"(d) Authorized Military Assistance. -
"(1) In general. - If the President has not made a
certification under section 12(a)(3) of the Sudan Peace Act [Pub.
L. 107-245] (50 U.S.C. 1701 note) regarding the noncompliance of
the SPLM/A or the Government of Southern Sudan with the
Comprehensive Peace Agreement for Sudan, the President,
notwithstanding any other provision of law, may authorize, for
each of fiscal years 2006, 2007, and 2008, the provision of the
following assistance to the Government of Southern Sudan for the
purpose of constituting a professional military force -
"(A) non-lethal military equipment and related defense
services, including training, controlled under the
International Traffic in Arms Regulations (22 C.F.R. 120.1 et
seq.) if the President -
"(i) determines that the provision of such items is in the
national security interest of the United States; and
"(ii) not later than 15 days before the provision of any
such items, notifies the Committee on Foreign Relations of
the Senate and the Committee on International Relations [now
Committee on Foreign Affairs] of the House of Representatives
of such determination; and
"(B) small arms and ammunition under categories I and III of
the United States Munitions List (22 C.F.R. 121.1 et seq.) if
the President -
"(i) determines that the provision of such equipment is
essential to the national security interests of the United
States; and
"(ii) consistent with the procedures set forth in section
614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2364(a)(3)), notifies the Committee on Foreign Relations of
the Senate and the Committee on International Relations [now
Committee on Foreign Affairs] of the House of Representatives
of such determination.
"(2) End use assurances. - For each item exported pursuant to
this subsection or subsection (c), the President shall include
with the notification to Congress under subparagraphs (A)(ii) and
(B)(ii) of paragraph (1) -
"(A) an identification of the end users to which the
provision of assistance is being made;
"(B) the dollar value of the items being provided;
"(C) a description of the items being provided; and
"(D) a description of the end use verification procedures
that will be applied to such items, including -
"(i) any special assurances obtained from the Government of
Southern Sudan or other authorized end users regarding such
equipment; and
"(ii) the end use or retransfer controls that will be
applied to any items provided under this subsection.
"(3) Waiver authority. - Section 40 of the Arms Export Control
Act (22 U.S.C. 2780) shall not apply to assistance provided under
paragraph (1).
"(e) Exception to Prohibitions in Executive Order Number 13067. -
Notwithstanding any other provision of law, the prohibitions set
forth with respect to Sudan in Executive Order No. 13067 (62 Fed.
Reg. 59989) [listed in a table below] shall not apply to activities
or related transactions with respect to Southern Sudan, Southern
Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or
marginalized areas in and around Khartoum.
"SEC. 9. REPORTING REQUIREMENTS.
"[Amended Pub. L. 107-245, set out below.]"
[Functions of President under section 6(a), (b), (f) of Pub. L.
109-344, set out above, assigned to Secretary of State by
Memorandum of President of the United States, Jan. 25, 2007, 72
F.R. 5149.]
[Functions of President under sections 7 and 8 of Pub. L. 109-
344, set out above, assigned to Secretary of State by section 4(e)
of Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61370, listed in a
table below.]
CODIFICATION OF SANCTIONS AGAINST IRAN
Pub. L. 109-293, title I, Sec. 101, Sept. 30, 2006, 120 Stat.
1344, provided that:
"(a) Codification of Sanctions. - Except as otherwise provided in
this section, United States sanctions with respect to Iran imposed
pursuant to sections 1 and 3 of Executive Order No. 12957 [listed
in a table below], sections 1(e), (1)(g), and (3) of Executive
Order No. 12959 [listed in a table below], and sections 2, 3, and 5
of Executive Order No. 13059 [listed in a table below] (relating to
exports and certain other transactions with Iran) as in effect on
January 1, 2006, shall remain in effect. The President may
terminate such sanctions, in whole or in part, if the President
notifies Congress at least 15 days in advance of such termination.
In the event of exigent circumstances, the President may exercise
the authority set forth in the preceding sentence without regard to
the notification requirement stated therein, except that such
notification shall be provided as early as practicable, but in no
event later than three working days after such exercise of
authority.
"(b) No Effect on Other Sanctions Relating to Support for Acts of
International Terrorism. - Nothing in this Act [see Short Title of
2006 Amendment note above] shall affect any United States sanction,
control, or regulation as in effect on January 1, 2006, relating to
a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d))
that the Government of Iran has repeatedly provided support for
acts of international terrorism."
BURMESE FREEDOM AND DEMOCRACY
Pub. L. 108-61, July 28, 2003, 117 Stat. 864, as amended by Pub.
L. 109-251, Sec. 1, Aug. 1, 2006, 120 Stat. 654, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Burmese Freedom and Democracy Act
of 2003'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) The State Peace and Development Council (SPDC) has failed
to transfer power to the National League for Democracy (NLD)
whose parliamentarians won an overwhelming victory in the 1990
elections in Burma.
"(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed the
efforts of United Nations Special Envoy Razali bin Ismail to
further such dialogue.
"(3) According to the State Department's 'Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma' dated March 28, 2003, the SPDC has become 'more
confrontational' in its exchanges with the NLD.
"(4) On May 30, 2003, the SPDC, threatened by continued support
for the NLD throughout Burma, brutally attacked NLD supporters,
killed and injured scores of civilians, and arrested democracy
advocate Aung San Suu Kyi and other activists.
"(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of intimidation
and torture against women, and forcibly conscripts child-soldiers
for the use in fighting indigenous ethnic groups.
"(6) The SPDC is engaged in ethnic cleansing against minorities
within Burma, including the Karen, Karenni, and Shan people,
which constitutes a crime against humanity and has directly led
to more than 600,000 internally displaced people living within
Burma and more than 130,000 people from Burma living in refugee
camps along the Thai-Burma border.
"(7) The ethnic cleansing campaign of the SPDC is in sharp
contrast to the traditional peaceful coexistence in Burma of
Buddhists, Muslims, Christians, and people of traditional
beliefs.
"(8) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and
methamphetamines being grown, refined, manufactured, and
transported in areas under the control of the SPDC serving to
flood the region and much of the world with these illicit drugs.
"(9) The SPDC provides safety, security, and engages in
business dealings with narcotics traffickers under indictment by
United States authorities, and other producers and traffickers of
narcotics.
"(10) The International Labor Organization (ILO), for the first
time in its 82-year history, adopted in 2000, a resolution
recommending that governments, employers, and workers
organizations take appropriate measures to ensure that their
relations with the SPDC do not abet the government-sponsored
system of forced, compulsory, or slave labor in Burma, and that
other international bodies reconsider any cooperation they may be
engaged in with Burma and, if appropriate, cease as soon as
possible any activity that could abet the practice of forced,
compulsory, or slave labor.
"(11) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively destroying
any free enterprise system.
"(12) Investment in Burmese companies and purchases from them
serve to provide the SPDC with currency that is used to finance
its instruments of terror and repression against the Burmese
people.
"(13) On April 15, 2003, the American Apparel and Footwear
Association expressed its 'strong support for a full and
immediate ban on U.S. textiles, apparel and footwear imports from
Burma' and called upon the United States Government to 'impose an
outright ban on U.S. imports' of these items until Burma
demonstrates respect for basic human and labor rights of its
citizens.
"(14) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the NLD
as the legitimate representative of the Burmese people as
determined by the 1990 election.
"(15) The United States must work closely with other nations,
including Thailand, a close ally of the United States, to
highlight attention to the SPDC's systematic abuses of human
rights in Burma, to ensure that nongovernmental organizations
promoting human rights and political freedom in Burma are allowed
to operate freely and without harassment, and to craft a
multilateral sanctions regime against Burma in order to pressure
the SPDC to meet the conditions identified in section 3(a)(3) of
this Act.
"SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF
BURMA.
"(a) General Ban. -
"(1) In general. - Notwithstanding any other provision of law,
until such time as the President determines and certifies to
Congress that Burma has met the conditions described in paragraph
(3), beginning 30 days after the date of the enactment of this
Act [July 28, 2003], the President shall ban the importation of
any article that is a product of Burma.
"(2) Ban on imports from certain companies. - The import
restrictions contained in paragraph (1) shall apply to, among
other entities -
"(A) the SPDC, any ministry of the SPDC, a member of the SPDC
or an immediate family member of such member;
"(B) known narcotics traffickers from Burma or an immediate
family member of such narcotics trafficker;
"(C) the Union of Myanmar Economics Holdings Incorporated
(UMEHI) or any company in which the UMEHI has a fiduciary
interest;
"(D) the Myanmar Economic Corporation (MEC) or any company in
which the MEC has a fiduciary interest;
"(E) the Union Solidarity and Development Association (USDA);
and
"(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
"(3) Conditions described. - The conditions described in this
paragraph are the following:
"(A) The SPDC has made substantial and measurable progress to
end violations of internationally recognized human rights
including rape, and the Secretary of State, after consultation
with the ILO Secretary General and relevant nongovernmental
organizations, reports to the appropriate congressional
committees that the SPDC no longer systematically violates
workers rights, including the use of forced and child labor,
and conscription of child-soldiers.
"(B) The SPDC has made measurable and substantial progress
toward implementing a democratic government including -
"(i) releasing all political prisoners;
"(ii) allowing freedom of speech and the press;
"(iii) allowing freedom of association;
"(iv) permitting the peaceful exercise of religion; and
"(v) bringing to a conclusion an agreement between the SPDC
and the democratic forces led by the NLD and Burma's ethnic
nationalities on the transfer of power to a civilian
government accountable to the Burmese people through
democratic elections under the rule of law.
"(C) Pursuant to section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228) [22
U.S.C. 2291j-1(2)], Burma has not been designated as a country
that has failed demonstrably to make substantial efforts to
adhere to its obligations under international counternarcotics
agreements and to take other effective counternarcotics
measures, including, but not limited to (i) the arrest and
extradition of all individuals under indictment in the United
States for narcotics trafficking, (ii) concrete and measurable
actions to stem the flow of illicit drug money into Burma's
banking system and economic enterprises, and (iii) actions to
stop the manufacture and export of methamphetamines.
"(4) Appropriate congressional committees. - In this
subsection, the term 'appropriate congressional committees' means
the Committees on Foreign Relations and Appropriations of the
Senate and the Committees on International Relations [now Foreign
Affairs] and Appropriations of the House of Representatives.
"(b) Waiver Authorities. - The President may waive the
prohibitions described in this section for any or all articles that
are a product of Burma if the President determines and notifies the
Committees on Appropriations, Finance, and Foreign Relations of the
Senate and the Committees on Appropriations, International
Relations [now Foreign Affairs], and Ways and Means of the House of
Representatives that to do so is in the national interest of the
United States.
"SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED
STATES.
"(a) Reporting Requirement. - Not later than 60 days after the
date of enactment of this Act [July 28, 2003], the President shall
take such action as is necessary to direct, and promulgate
regulations to the same, that any United States financial
institution holding funds belonging to the SPDC or the assets of
those individuals who hold senior positions in the SPDC or its
political arm, the Union Solidarity Development Association, shall
promptly report those funds or assets to the Office of Foreign
Assets Control.
"(b) Additional Authority. - The President may take such action
as may be necessary to impose a sanctions regime to freeze such
funds or assets, subject to such terms and conditions as the
President determines to be appropriate.
"(c) Delegation. - The President may delegate the duties and
authorities under this section to such Federal officers or other
officials as the President deems appropriate.
"SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
"The Secretary of the Treasury shall instruct the United States
executive director to each appropriate international financial
institution in which the United States participates, to oppose, and
vote against the extension by such institution of any loan or
financial or technical assistance to Burma until such time as the
conditions described in section 3(a)(3) are met.
"SEC. 6. EXPANSION OF VISA BAN.
"(a) In General. -
"(1) Visa ban. - The President is authorized to deny visas and
entry to the former and present leadership of the SPDC or the
Union Solidarity Development Association.
"(2) Updates. - The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to
allow officials of the United States and the European Union to
ensure a high degree of coordination of lists of individuals
banned from obtaining a visa by the European Union for the reason
described in paragraph (1) and those banned from receiving a visa
from the United States.
"(b) Publication. - The Secretary of State shall post on the
Department of State's website the names of individuals whose entry
into the United States is banned under subsection (a).
"SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF
INFORMATION.
"Congress encourages the Secretary of State to highlight the
abysmal record of the SPDC to the international community and use
all appropriate fora, including the Association of Southeast Asian
Nations Regional Forum and Asian Nations Regional Forum, to
encourage other states to restrict financial resources to the SPDC
and Burmese companies while offering political recognition and
support to Burma's democratic movement including the National
League for Democracy and Burma's ethnic groups.
"SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
"(a) In General. - The President is authorized to use all
available resources to assist Burmese democracy activists dedicated
to nonviolent opposition to the regime in their efforts to promote
freedom, democracy, and human rights in Burma, including a listing
of constraints on such programming.
"(b) Reports. -
"(1) First report. - Not later than 3 months after the date of
enactment of this Act [July 28, 2003], the Secretary of State
shall provide the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations and
International Relations [now Foreign Affairs] of the House of
Representatives a comprehensive report on its short- and long-
term programs and activities to support democracy activists in
Burma, including a list of constraints on such programming.
"(2) Report on resources. - Not later than 6 months after the
date of enactment of this Act, the Secretary of State shall
provide the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and International
Relations [now Foreign Affairs] of the House of Representatives a
report identifying resources that will be necessary for the
reconstruction of Burma, after the SPDC is removed from power,
including -
"(A) the formation of democratic institutions;
"(B) establishing the rule of law;
"(C) establishing freedom of the press;
"(D) providing for the successful reintegration of military
officers and personnel into Burmese society; and
"(E) providing health, educational, and economic development.
"(3) Report on trade sanctions. - Not later than 90 days before
the date on which the import restrictions contained in section
3(a)(1) are to expire, the Secretary of State, in consultation
with the United States Trade Representative and the heads of
appropriate agencies, shall submit to the Committees on
Appropriations, Finance, and Foreign Relations of the Senate, and
the Committees on Appropriations, International Relations [now
Foreign Affairs], and Ways and Means of the House of
Representatives, a report on -
"(A) bilateral and multilateral measures undertaken by the
United States Government and other governments to promote human
rights and democracy in Burma;
"(B) the extent to which actions related to trade with Burma
taken pursuant to this Act have been effective in -
"(i) improving conditions in Burma, including human rights
violations, arrest and detention of democracy activists,
forced and child labor, and the status of dialogue between
the SPDC and the NLD and ethnic minorities;
"(ii) furthering the policy objections of the United States
toward Burma; and
"(C) the impact of actions relating to trade take [sic]
pursuant to this Act on other national security, economic, and
foreign policy interests of the United States, including
relations with countries friendly to the United States.
"SEC. 9. DURATION OF SANCTIONS.
"(a) Termination by Request From Democratic Burma. - The
President may terminate any provision in this Act upon the request
of a democratically elected government in Burma, provided that all
the conditions in section 3(a)(3) have been met.
"(b) Continuation of Import Sanctions. -
"(1) Expiration. - The import restrictions contained in section
3(a)(1) shall expire 1 year from the date of enactment of this
Act [July 28, 2003] unless renewed under paragraph (2) of this
section [subsection].
"(2) Resolution by congress. - The import restrictions
contained in section 3(a)(1) may be renewed annually for a 1-year
period if, prior to the anniversary of the date of enactment of
this Act, and each year thereafter, a renewal resolution is
enacted into law in accordance with subsection (c).
"(3) Limitation. - The import restrictions contained in section
3(a)(1) may be renewed for a maximum of six years from the date
of the enactment of this Act [July 28, 2003].
"(c) Renewal Resolutions. -
"(1) In general. - For purposes of this section, the term
'renewal resolution' means a joint resolution of the 2 Houses of
Congress, the sole matter after the resolving clause of which is
as follows: 'That Congress approves the renewal of the import
restrictions contained in section 3(a)(1) of the Burmese Freedom
and Democracy Act of 2003.'.
"(2) Procedures. -
"(A) In general. - A renewal resolution -
"(i) may be introduced in either House of Congress by any
member of such House at any time within the 90-day period
before the expiration of the import restrictions contained in
section 3(a)(1); and
"(ii) the provisions of subparagraph (B) shall apply.
"(B) Expedited consideration. - The provisions of section
152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19
U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal
resolution under this Act as if such resolution were a
resolution described in section 152(a) of the Trade Act of
1974."
[Certain powers of President under section 4 of Pub. L. 108-61,
set out above, delegated to Secretary of the Treasury by section 6
of Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60225, listed in a
table below.]
[Pub. L. 109-251, Sec. 3, Aug. 1, 2006, 120 Stat. 654, provided
that: "This Act [enacting note below and amending Pub. L. 108-61
set out above] and the amendments made by this Act shall take
effect on the date of the enactment of this Act [Aug. 1, 2006] or
July 26, 2006, whichever occurs first."]
[Certain powers of President under sections 3(a) and 4 of Pub. L.
108-61, set out above, delegated to Secretary of the Treasury and
functions and authorities of President under section 3(b) of Pub.
L. 108-61 delegated to Secretary of State by section 9 of Ex. Ord.
No. 13310, July 28, 2003, 68 F.R. 44854, listed in a table below.]
Provisions similar to those contained in section 5 of Pub. L. 108-
61, set out above, were contained in the following appropriation
acts:
Pub. L. 110-161, div. J, title VI, Sec. 638(b)(1), Dec. 26, 2007,
121 Stat. 2333.
Pub. L. 109-102, title V, Sec. 526(a), Nov. 14, 2005, 119 Stat.
2205.
Pub. L. 108-447, div. D, title V, Sec. 531(a), Dec. 8, 2004, 118
Stat. 3004.
Pub. L. 108-199, div. D, title V, Sec. 531(a), Jan. 23, 2004, 118
Stat. 180.
Pub. L. 110-52, Secs. 1, 4, Aug. 1, 2007, 121 Stat. 264, provided
that:
"SECTION 1. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM
AND DEMOCRACY ACT OF 2003.
"Congress approves the renewal of import restrictions contained
in section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003
[Pub. L. 108-61, set out above].
"SEC. 4. RULE OF CONSTRUCTION.
"This joint resolution shall be deemed to be a 'renewal
resolution' for purposes of section 9 of the Burmese Freedom and
Democracy Act of 2003."
Prior similar provisions were contained in the following Acts:
Pub. L. 109-251, Sec. 2, Aug. 1, 2006, 120 Stat. 654.
Pub. L. 109-39, July 27, 2005, 119 Stat. 409.
Pub. L. 108-272, July 7, 2004, 118 Stat. 818.
SUDAN PEACE
Pub. L. 108-497, Dec. 23, 2004, 118 Stat. 4012, as amended by
Pub. L. 109-344, Secs. 5(a), (b), 8(b), Oct. 13, 2006, 120 Stat.
1875, 1876, 1879, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Comprehensive Peace in Sudan Act
of 2004'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations [now Committee on Foreign Affairs] of the
House of Representatives.
"(2) Government of sudan. - The term 'Government of Sudan'
means the National Congress Party, formerly known as the National
Islamic Front, government in Khartoum, Sudan, or any successor
government formed on or after the date of the enactment of this
Act [Dec. 23, 2004] (other than the coalition government agreed
upon in the Nairobi Declaration on the Final Phase of Peace in
the Sudan signed on June 5, 2004).
"(3) JEM. - The term 'JEM' means the Justice and Equality
Movement.
"(4) SLA. - The term 'SLA' means the Sudan Liberation Army.
"(5) SPLM. - The term 'SPLM' means the Sudan People's
Liberation Movement.
"SEC. 3. FINDINGS.
"Congress makes the following findings:
"(1) A comprehensive peace agreement for Sudan, as envisioned
in the Sudan Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note)
and the Machakos Protocol of 2002, could be in jeopardy if the
parties do not implement and honor the agreements they have
signed.
"(2) Since seizing power through a military coup in 1989, the
Government of Sudan repeatedly has attacked and dislocated
civilian populations in southern Sudan in a coordinated policy of
ethnic cleansing and genocide that has cost the lives of more
than 2,000,000 people and displaced more than 4,000,000 people.
"(3) In response to two decades of civil conflict in Sudan, the
United States has helped to establish an internationally
supported peace process to promote a negotiated settlement to the
war that has resulted in a framework peace agreement, the Nairobi
Declaration on the Final Phase of Peace in the Sudan, signed on
June 5, 2004.
"(4) At the same time that the Government of Sudan was
negotiating for a comprehensive and all inclusive peace
agreement, enumerated in the Nairobi Declaration on the Final
Phase of Peace in the Sudan, it refused to engage in any
meaningful discussion with regard to its ongoing campaign of
ethnic cleansing and genocide in the Darfur region of western
Sudan.
"(5) The Government of Sudan reluctantly agreed to attend talks
to bring peace to the Darfur region only after considerable
international pressure and outrage was expressed through high
level visits by Secretary of State Colin Powell and others, and
through United Nations Security Council Resolution 1556 (July 30,
2004).
"(6) The Government of the United States, in both the executive
branch and Congress, has concluded that genocide has been
committed and may still be occurring in the Darfur region, and
that the Government of Sudan and militias supported by the
Government of Sudan, known as the Janjaweed, bear responsibility
for the genocide.
"(7) Evidence collected by international observers in the
Darfur region between February 2003 and November 2004 indicate a
coordinated effort to target African Sudanese civilians in a
scorched earth policy, similar to that which was employed in
southern Sudan, that has destroyed African Sudanese villages,
killing and driving away their people, while Arab Sudanese
villages have been left unscathed.
"(8) As a result of this genocidal policy in the Darfur region,
an estimated 70,000 people have died, more than 1,600,000 people
have been internally displaced, and more than 200,000 people have
been forced to flee to neighboring Chad.
"(9) Reports further indicate the systematic rape of thousands
of women and girls, the abduction of women and children, and the
destruction of hundreds of ethnically African villages, including
the poisoning of their wells and the plunder of their crops and
cattle upon which the people of such villages sustain themselves.
"(10) Despite the threat of international action expressed
through United Nations Security Council Resolutions 1556 (July
30, 2004) and 1564 (September 18, 2004), the Government of Sudan
continues to obstruct and prevent efforts to reverse the
catastrophic consequences that loom over the Darfur region.
"(11) In addition to the thousands of violent deaths directly
caused by ongoing Sudanese military and government-sponsored
Janjaweed attacks in the Darfur region, the Government of Sudan
has restricted access by humanitarian and human rights workers to
the Darfur area through intimidation by military and security
forces, and through bureaucratic and administrative obstruction,
in an attempt to inflict the most devastating harm on those
individuals displaced from their villages and homes without any
means of sustenance or shelter.
"(12) The Government of Sudan's continued support for the
Janjaweed and their obstruction of the delivery of food, shelter,
and medical care to the Darfur region is estimated by the World
Health Organization to be causing up to 10,000 deaths per month
and, should current conditions persist, is projected to escalate
to thousands of deaths each day by December 2004.
"(13) The Government of Chad served an important role in
facilitating the humanitarian cease-fire (the N'Djamena Agreement
dated April 8, 2004) for the Darfur region between the Government
of Sudan and the two opposition rebel groups in the Darfur region
(the JEM and the SLA), although both sides have violated the
cease-fire agreement repeatedly.
"(14) The people of Chad have responded courageously to the
plight of over 200,000 Darfur refugees by providing assistance to
them even though such assistance has adversely affected their own
means of livelihood.
"(15) On September 9, 2004, Secretary of State Colin Powell
stated before the Committee on Foreign Relations of the Senate:
'When we reviewed the evidence compiled by our team, along with
other information available to the State Department, we concluded
that genocide has been committed in Darfur and that the
Government of Sudan and the [Janjaweed] bear responsibility - and
genocide may still be occurring.'.
"(16) The African Union has demonstrated renewed vigor in
regional affairs through its willingness to respond to the crisis
in the Darfur region, by convening talks between the parties and
deploying several hundred monitors and security forces to the
region, as well as by recognizing the need for a far larger force
with a broader mandate.
"(17) The Government of Sudan's complicity in the atrocities
and genocide in the Darfur region raises fundamental questions
about the Government of Sudan's commitment to peace and stability
in Sudan.
"SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR,
SUDAN.
"(a) Sudan Peace Act. - It is the sense of Congress that the
Sudan Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note) remains
relevant and should be extended to include the Darfur region of
Sudan.
"(b) Actions To Address the Conflict. - It is the sense of
Congress that -
"(1) a legitimate countrywide peace in Sudan will only be
possible if those principles enumerated in the 1948 Universal
Declaration of Human Rights, that are affirmed in the Machakos
Protocol of 2002 and the Nairobi Declaration on the Final Phase
of Peace in the Sudan signed on June 5, 2004, are applied to all
of Sudan, including the Darfur region;
"(2) the parties to the N'Djamena Agreement (the Government of
Sudan, the JEM, and the SLA) must meet their obligations under
that Agreement to allow safe and immediate delivery of all
humanitarian assistance throughout the Darfur region and must
expedite the conclusion of a political agreement to end the
genocide and conflict in the Darfur region;
"(3) the United States should continue to provide humanitarian
assistance to the areas of Sudan to which the United States has
access and, at the same time, implement a plan to provide
assistance to the areas of Sudan to which access has been
obstructed or denied;
"(4) the international community, including African, Arab, and
Muslim nations, should immediately provide resources necessary to
save the lives of hundreds of thousands of individuals at risk as
a result of the crisis in the Darfur region;
"(5) the United States and the international community should -
"(A) provide all necessary assistance to deploy and sustain
an African Union Force to the Darfur region; and
"(B) work to increase the authorized level and expand the
mandate of such forces commensurate with the gravity and scope
of the problem in a region the size of France;
"(6) the President, acting through the Secretary of State and
the Permanent Representative of the United States to the United
Nations, should -
"(A) condemn any failure on the part of the Government of
Sudan to fulfill its obligations under United Nations Security
Council Resolutions 1556 (July 30, 2004) and 1564 (September
18, 2004), and press the United Nations Security Council to
respond to such failure by immediately imposing the penalties
suggested in paragraph (14) of United Nations Security Council
Resolution 1564;
"(B) press the United Nations Security Council to pursue
accountability for those individuals who are found responsible
for orchestrating and carrying out the atrocities in the Darfur
region, consistent with relevant United Nations Security
Council Resolutions; and
"(C) encourage member states of the United Nations to -
"(i) cease to import Sudanese oil; and
"(ii) take the following actions against Sudanese
Government and military officials and other individuals, who
are planning, carrying out, or otherwise involved in the
policy of genocide in the Darfur region, as well as their
families, and businesses controlled by the Government of
Sudan and the National Congress Party:
"(I) freeze the assets held by such individuals or businesses
in each such member state; and
"(II) restrict the entry or transit of such officials through
each such member state;
"(7) the President should impose targeted sanctions, including
a ban on travel and the freezing of assets, on those officials of
the Government of Sudan, including military officials, and other
individuals who have planned or carried out, or otherwise been
involved in the policy of genocide in the Darfur region, and
should also freeze the assets of businesses controlled by the
Government of Sudan or the National Congress Party;
"(8) the Government of the United States should not normalize
relations with Sudan, including through the lifting of any
sanctions, until the Government of Sudan agrees to, and takes
demonstrable steps to implement, peace agreements for all areas
of Sudan, including the Darfur region;
"(9) those individuals found to be involved in the planning or
carrying out of genocide, war crimes, or crimes against humanity
should not hold leadership positions in the Government of Sudan
or the coalition government established pursuant to the
agreements reached in the Nairobi Declaration on the Final Phase
of Peace in the Sudan; and
"(10) the Government of Sudan has a primary responsibility to
guarantee the safety and welfare of its citizens, which includes
allowing them access to humanitarian assistance and providing
them protection from violence.
"SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.
"[Amended Pub. L. 107-245, set out below.]
"SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
"(a) Sanctions. - Beginning on the date that is 30 days after the
date of enactment of this Act [Dec. 23, 2004], the President shall,
notwithstanding paragraph (1) of section 6(b) of the Sudan Peace
Act [Pub. L. 107-245] (50 U.S.C. 1701 note), implement the measures
set forth in subparagraphs (A) through (D) of paragraph (2) of such
section.
"(b) Blocking of Assets of Appropriate Senior Officials of the
Government of Sudan. - Beginning on the date that is 30 days after
the date of enactment of this Act, the President shall, consistent
with the authorities granted in the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), block the assets of
appropriate senior officials of the Government of Sudan.
"(c) Blocking of Assets and Restriction on Visas of Certain
Individuals Identified by the President. -
"(1) Blocking of assets. - Beginning on the date that is 30
days after the date of the enactment of the Darfur Peace and
Accountability Act of 2006 [Oct. 13, 2006], and in the interest
of contributing to peace in Sudan, the President shall,
consistent with the authorities granted under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block the
assets of any individual who the President determines is
complicit in, or responsible for, acts of genocide, war crimes,
or crimes against humanity in Darfur, including the family
members or any associates of such individual to whom assets or
property of such individual was transferred on or after July 1,
2002.
"(2) Restriction on visas. - Beginning on the date that is 30
days after the date of the enactment of the Darfur Peace and
Accountability Act of 2006, and in the interest of contributing
to peace in Sudan, the President shall deny a visa and entry to
any individual who the President determines to be complicit in,
or responsible for, acts of genocide, war crimes, or crimes
against humanity in Darfur, including the family members or any
associates of such individual to whom assets or property of such
individual was transferred on or after July 1, 2002.
"(d) Waiver. - The President may waive the application of
subsection (a) or (b) if the President determines and certifies to
the appropriate congressional committees that such a waiver is in
the national interest of the United States. The President may waive
the application of paragraph (1) or (2) of subsection (c) with
respect to any individual if the President determines that such a
waiver is in the national interests of the United States and,
before exercising the waiver, notifies the appropriate
congressional committees of the name of the individual and the
reasons for the waiver.
"(e) Continuation of Restrictions. - Restrictions against the
Government of Sudan that were imposed pursuant to title III and
sections 508, 512, and 527 of the Foreign Operations, Export
Financing, and Related Programs Act, 2004 (division D of Public Law
108-199; 118 Stat. 143 [162, 169, 170, 177]), or any other similar
provision of law, shall remain in effect against the Government of
Sudan and may not be lifted pursuant to such provisions of law
unless the President transmits a certification to the appropriate
congressional committees in accordance with paragraph (2) of
section 12(a) of the Sudan Peace Act (as added by section 5(a)(1)
of this Act).
"(f) Determination. - Notwithstanding subsection (a) of this
section, the President shall continue to transmit the determination
required under section 6(b)(1)(A) of the Sudan Peace Act (50 U.S.C.
1701 note).
"SEC. 7. ADDITIONAL AUTHORITIES.
"[Repealed. Pub. L. 109-344, Sec. 8(b), Oct. 13, 2006, 120 Stat.
1879.]
"SEC. 8. TECHNICAL CORRECTION.
"[Amended section 288f-2 of Title 22, Foreign Relations and
Intercourse.]"
[For assignment of functions of President under subsec. (c) and
the last sentence of subsec. (d) of section 6 of Pub. L. 108-497,
set out above, see section 4(c), (d) of Ex. Ord. No. 13412, Oct.
13, 2006, 71 F.R. 61370, listed in a table below.]
Pub. L. 107-245, Oct. 21, 2002, 116 Stat. 1504, as amended by
Pub. L. 108-497, Sec. 5, Dec. 23, 2004, 118 Stat. 4016; Pub. L. 109-
344, Sec. 9, Oct. 13, 2006, 120 Stat. 1880, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Sudan Peace Act'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) The Government of Sudan has intensified its prosecution of
the war against areas outside of its control, which has already
cost more than 2,000,000 lives and has displaced more than
4,000,000 people.
"(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of human
rights, and a self-sustaining Sudan.
"(3) Continued strengthening and reform of humanitarian relief
operations in Sudan is an essential element in the effort to
bring an end to the war.
"(4) Continued leadership by the United States is critical.
"(5) Regardless of the future political status of the areas of
Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people
and to meaningful progress toward a viable peace process. It is
critical that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
"(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing
human suffering and the effectiveness of this tactic.
"(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding and
enslaving parties in areas outside of the control of the
Government of Sudan in an effort to disrupt severely the ability
of the populations in those areas to sustain themselves. The
tactic helps minimize the Government of Sudan's accountability
internationally.
"(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside of its control.
"(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the Government
of Sudan to starve targeted groups and subdue areas of Sudan
outside of the Government's control.
"(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of
Genocide (78 U.N.T.S. 277).
"(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS
have played a critical role in addressing the deficiencies in OLS
and offset the Government of Sudan's manipulation of food
donations to advantage in the civil war in Sudan.
"(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
"(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
"(14) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the immediate
food needs of the recipients, the current international relief
operations are neither sustainable nor desirable in the long
term.
"(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of Sudan
has been severely compromised by the disengagement of the front-
line states of Ethiopia, Eritrea, and Uganda, fostering the
belief among officials of the Government of Sudan that success on
the battlefield can be achieved.
"(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including -
"(A) the multilateralization of economic and diplomatic tools
to compel the Government of Sudan to enter into a good faith
peace process;
"(B) the support or creation of viable democratic civil
authority and institutions in areas of Sudan outside of
government control;
"(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside of
government control;
"(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
"(E) cooperation among the trading partners of the United
States and within multilateral institutions toward those ends.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
International Relations [now Committee on Foreign Affairs] of the
House of Representatives and the Committee on Foreign Relations
of the Senate.
"(2) Government of sudan. - Except as provided in section 12,
the term 'Government of Sudan' means the National Islamic Front
government in Khartoum, Sudan.
"(3) OLS. - The term 'OLS' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as 'Operation Lifeline
Sudan'.
"(4) SPLM. - The term 'SPLM' means the Sudan People's
Liberation Movement.
"SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND
TACTICS OF THE GOVERNMENT OF SUDAN.
"The Congress hereby -
"(1) condemns -
"(A) violations of human rights on all sides of the conflict
in Sudan;
"(B) the Government of Sudan's overall human rights record,
with regard to both the prosecution of the war and the denial
of basic human and political rights to all Sudanese;
"(C) the ongoing slave trade in Sudan and the role of the
Government of Sudan in abetting and tolerating the practice;
"(D) the Government of Sudan's use and organization of
'murahalliin' or 'mujahadeen', Popular Defense Forces, and
regular Sudanese Army units into organized and coordinated
raiding and slaving parties in Bahr al Ghazal, the Nuba
Mountains, and the Upper Nile and the Blue Nile regions; and
"(E) aerial bombardment of civilian targets that is sponsored
by the Government of Sudan; and
"(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food shortages
and is used as a systematic means to destroy the societies,
culture, and economies of the Dinka, Nuer, and Nuba peoples in a
policy of low-intensity ethnic cleansing.
"SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
"(a) Assistance to Sudan. - The President is authorized to
provide increased assistance to the areas of Sudan that are not
controlled by the Government of Sudan to prepare the population for
peace and democratic governance, including support for civil
administration, communications infrastructure, education, health,
and agriculture.
"(b) Authorization of Appropriations. -
"(1) In general. - There are authorized to be appropriated to
the President to carry out the activities described in subsection
(a) of this section $100,000,000 for each of the fiscal years
2003, 2004, and 2005.
"(2) Availability. - Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
"SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
"(a) Findings. - Congress hereby -
"(1) recognizes that -
"(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
"(B) resolution to the conflict in Sudan is best made through
a peace process based on the Declaration of Principles reached
in Nairobi, Kenya, on July 20, 1994, and on the Machakos
Protocol in July 2002; and
"(2) commends the efforts of Special Presidential Envoy,
Senator Danforth and his team in working to assist the parties to
the conflict in Sudan in finding a just, permanent peace to the
conflict in Sudan.
"(b) Measures of Certain Conditions Not Met. -
"(1) Presidential determination. -
"(A) The President shall make a determination and certify in
writing to the appropriate congressional committees within 6
months after the date of enactment of this Act [Oct. 21, 2002],
and each 6 months thereafter, that the Government of Sudan and
the Sudan People's Liberation Movement are negotiating in good
faith and that negotiations should continue.
"(B) If, under subparagraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Government of Sudan has not engaged in good
faith negotiations to achieve a permanent, just, and equitable
peace agreement, or has unreasonably interfered with
humanitarian efforts, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
"(C) If, under paragraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a permanent,
just, and equitable peace agreement, then paragraph (2) shall
not apply to the Government of Sudan.
"(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is not in
compliance with the terms of a permanent peace agreement
between the Government of Sudan and the Sudan People's
Liberation Movement, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
"(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes a
determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan has
resumed good faith negotiations, or makes a determination and
certifies in writing to the appropriate congressional
committees that the Government of Sudan is in compliance with a
peace agreement, then paragraph (2) shall not apply to the
Government of Sudan.
"(2) Measures in support of the peace process. - Subject to the
provisions of paragraph (1), the President -
"(A) shall, through the Secretary of the Treasury, instruct
the United States executive directors to each international
financial institution to continue to vote against and actively
oppose any extension by the respective institution of any loan,
credit, or guarantee to the Government of Sudan;
"(B) should consider downgrading or suspending diplomatic
relations between the United States and the Government of
Sudan;
"(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Government
of Sudan access to oil revenues to ensure that the Government
of Sudan neither directly nor indirectly utilizes any oil
revenues to purchase or acquire military equipment or to
finance any military activities; and
"(D) shall seek a United Nations Security Council Resolution
to impose an arms embargo on the Government of Sudan.
"(c) Report on the Status of Negotiations. - If, at any time
after the President has made a certification under subsection
(b)(1)(A), the Government of Sudan discontinues negotiations with
the Sudan People's Liberation Movement for a 14-day period, then
the President shall submit a quarterly report to the appropriate
congressional committees on the status of the peace process until
negotiations resume.
"(d) Report on United States Opposition To Financing by
International Financial Institutions. - The Secretary of the
Treasury shall submit a semiannual report to the appropriate
congressional committees describing the steps taken by the United
States to oppose the extension of a loan, credit, or guarantee if,
after the Secretary of the Treasury gives the instructions
described in subsection (b)(2)(A), such financing is extended.
"(e) Report on Efforts To Deny Oil Revenues. - Not later than 45
days after the President takes an action under subsection
(b)(2)(C), the President shall submit to the appropriate
congressional committees a comprehensive plan for implementing the
actions described in such subsection.
"(f) Definition. - In this section, the term 'international
financial institution' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Monetary Fund, the African
Development Bank, and the African Development Fund.
"SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
"It is the sense of Congress that -
"(1) the United Nations should help facilitate peace and
recovery in Sudan;
"(2) the President, acting through the United States Permanent
Representative to the United Nations, should seek to end the veto
power of the Government of Sudan over the plans by OLS for air
transport relief flights and, by doing so, to end the
manipulation of the delivery of relief supplies to the advantage
of the Government of Sudan on the battlefield; and
"(3) the President should take appropriate measures, including
the implementation of recommendations of the International
Eminent Persons Commission contained in the report issued on May
22, 2002, to end slavery and aerial bombardment of civilians by
the Government of Sudan.
"SEC. 8. REPORTING REQUIREMENTS.
"(a) Report on Commercial Activity. - Not later than 30 days
after the date of the enactment of the Comprehensive Peace in Sudan
Act of 2004 [Dec. 23, 2004], and annually thereafter until the
completion of the interim period outlined in the Machakos Protocol
of 2002, the Secretary of State, in consultation with relevant
United States Government departments and agencies, shall submit to
the appropriate congressional committees a report regarding
commercial activity in Sudan that includes -
"(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for
oil exploitation, the effects of such financing and construction
on the inhabitants of the regions in which the oil fields are
located and the ability of the Government of Sudan to finance the
war in Sudan with the proceeds of the oil exploitation;
"(2) a description of the extent to which that financing was
secured in the United States or with the involvement of United
States citizens; and
"(3) a description of the relationships between Sudan's arms
industry and major foreign business enterprises and their
subsidiaries, including government-controlled entities.
"(b) Report on the Conflict in Sudan, Including the Darfur
Region. - Not later than 30 days after the date of the enactment of
the Comprehensive Peace in Sudan Act of 2004 [Dec. 23, 2004], and
annually thereafter until the completion of the interim period
outlined in the Machakos Protocol of 2002, the Secretary of State
shall prepare and submit to the appropriate congressional
committees a report regarding the conflict in Sudan, including the
conflict in the Darfur region. Such report shall include -
"(1) the best estimates of the extent of aerial bombardment of
civilian centers in Sudan by the Government of Sudan, including
targets, frequency, and best estimates of damage; and
"(2) a description of the extent to which humanitarian relief
in Sudan has been obstructed or manipulated by the Government of
Sudan or other forces, and a contingency plan to distribute
assistance should the Government of Sudan continue to obstruct or
delay the international humanitarian response to the crisis in
Darfur.
"(c) Report on African Union Mission in Sudan. - Until such time
as AMIS concludes its mission in Darfur, in conjunction with the
other reports required under this section, the Secretary of State,
in consultation with all relevant Federal departments and agencies,
shall prepare and submit a report, to the appropriate congressional
committees, regarding -
"(1) a detailed description of all United States assistance
provided to the African Union Mission in Sudan (referred to in
this subsection as 'AMIS') since the establishment of AMIS,
reported by fiscal year and the type and purpose of such
assistance; and
"(2) the level of other international assistance provided to
AMIS, including assistance from countries, regional and
international organizations, such as the North Atlantic Treaty
Organization, the European Union, the Arab League, and the United
Nations, reported by fiscal year and the type and purpose of such
assistance, to the extent possible.
"(d) Report on Sanctions in Support of Peace in Darfur. - In
conjunction with the other reports required under this section, the
Secretary of State shall submit a report to the appropriate
congressional committees regarding sanctions imposed under section
6 of the Comprehensive Peace in Sudan Act of 2004 [Pub. L. 108-497,
set out above], including -
"(1) a description of each sanction imposed under such
provision of law;
"(2) the name of the individual or entity subject to the
sanction, if applicable; and
"(3) whether or not such individual has been identified by the
United Nations panel of experts.
"(e) Report on United States Military Assistance. - In
conjunction with the other reports required under this section, the
Secretary of State shall submit a report to the appropriate
congressional committees describing the effectiveness of any
assistance provided under section 8 of the Darfur Peace and
Accountability Act of 2006 [Pub. L. 109-344, set out above],
including -
"(1) a detailed annex on any military assistance provided in
the period covered by this report;
"(2) the results of any review or other monitoring conducted by
the Federal Government with respect to assistance provided under
that Act; and
"(3) any unauthorized retransfer or use of military assistance
furnished by the United States.
"(g)[sic] Disclosure to the Public. - The Secretary of State
shall publish or otherwise make available to the public each
unclassified report, or portion of a report that is unclassified,
submitted under subsection (a) or (b).
"SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF
EFFORTS.
"(a) Sense of Congress. - It is the sense of the Congress that
the President should continue to increase the use of non-OLS
agencies in the distribution of relief supplies in southern Sudan.
"(b) Report. - Not later than 90 days after the date of enactment
of this Act [Oct. 21, 2002], the President shall submit to the
appropriate congressional committees a detailed report describing
the progress made toward carrying out subsection (a).
"SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF
FLIGHTS.
"(a) Plan. - The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary,
the greatest possible amount of United States Government and
privately donated relief to all affected areas in Sudan, including
the Nuba Mountains and the Upper Nile and the Blue Nile regions, in
the event that the Government of Sudan imposes a total, partial, or
incremental ban on OLS air transport relief flights.
"(b) Reprogramming Authority. - Notwithstanding any other
provision of law, in carrying out the plan developed under
subsection (a), the President may reprogram up to 100 percent of
the funds available for support of OLS operations for the purposes
of the plan.
"SEC. 11. INVESTIGATION OF WAR CRIMES.
"(a) In General. - The Secretary of State shall collect
information about incidents which may constitute crimes against
humanity, genocide, war crimes, and other violations of
international humanitarian law by all parties to the conflict in
Sudan, including slavery, rape, and aerial bombardment of civilian
targets.
"(b) Report. - Not later than 6 months after the date of the
enactment of this Act [Oct. 21, 2002] and annually thereafter, the
Secretary of State shall prepare and submit to the appropriate
congressional committees a detailed report on the information that
the Secretary of State has collected under subsection (a) and any
findings or determinations made by the Secretary on the basis of
that information. The report under this subsection may be submitted
as part of the report required under section 8.
"(c) Consultations With Other Departments. - In preparing the
report required by this section, the Secretary of State shall
consult and coordinate with all other Government officials who have
information necessary to complete the report. Nothing contained in
this section shall require the disclosure, on a classified or
unclassified basis, of information that would jeopardize sensitive
sources and methods or other vital national security interests.
"SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR
COMPREHENSIVE PEACE IN SUDAN.
"(a) Assistance. -
"(1) Authority. - Notwithstanding any other provision of law,
the President is authorized to provide assistance for Sudan as
authorized in paragraph (5) of this section -
"(A) subject to the requirements of this section, to support
the implementation of a comprehensive peace agreement that
applies to all regions of Sudan, including the Darfur region;
and
"(B) to address the humanitarian and human rights crisis in
the Darfur region and eastern Chad, including to support the
African Union mission in the Darfur region, provided that no
assistance may be made available to the Government of Sudan.
"(2) Certification for the government of sudan. - Assistance
authorized under paragraph (1)(A) may be provided to the
Government of Sudan only if the President certifies to the
appropriate congressional committees that the Government of Sudan
has taken demonstrable steps to -
"(A) ensure that the armed forces of Sudan and any associated
militias are not committing atrocities or obstructing human
rights monitors or the provision of humanitarian assistance;
"(B) demobilize and disarm militias supported or created by
the Government of Sudan;
"(C) allow full and unfettered humanitarian assistance to all
regions of Sudan, including the Darfur region;
"(D) allow an international commission of inquiry to conduct
an investigation of atrocities in the Darfur region, in a
manner consistent with United Nations Security Council
Resolution 1564 (September 18, 2004), to investigate reports of
violations of international humanitarian law and human rights
law in the Darfur region by all parties, to determine also
whether or not acts of genocide have occurred and to identify
the perpetrators of such violations with a view to ensuring
that those responsible are held accountable;
"(E) cooperate fully with the African Union, the United
Nations, and all other observer, monitoring, and protection
missions mandated to operate in Sudan;
"(F) permit the safe and voluntary return of displaced
persons and refugees to their homes and rebuild the communities
destroyed in the violence; and
"(G) implement the final agreements reached in the Naivasha
peace process and install a new coalition government based on
the Nairobi Declaration on the Final Phase of Peace in the
Sudan signed on June 5, 2004.
"(3) Certification with regard to splm's compliance with a
peace agreement. - If the President determines and certifies in
writing to the appropriate congressional committees that the SPLM
has not engaged in good faith negotiations, or has failed to
honor the agreements signed, the President shall suspend
assistance authorized in this section for the SPLM, except for
health care, education, and humanitarian assistance.
"(4) Suspension of assistance. - If, on a date after the
President transmits the certification described in paragraph (2),
the President determines that the Government of Sudan has ceased
taking the actions described in such paragraph, the President
shall immediately suspend the provision of any assistance to such
Government under this section until the date on which the
President transmits to the appropriate congressional committees a
further certification that the Government of Sudan has resumed
taking such actions.
"(5) Authorization of appropriations. -
"(A) In general. - In addition to any other funds otherwise
available for such purposes, there are authorized to be
appropriated to the President -
"(i) $100,000,000 for fiscal year 2005, and such sums as
may be necessary for each of the fiscal years 2006 and 2007,
unless otherwise authorized, to carry out paragraph (1)(A);
and
"(ii) $200,000,000 for fiscal year 2005 to carry out
paragraph (1)(B), provided that no amounts appropriated under
this authorization may be made available for the Government
of Sudan.
"(B) Availability. - Amounts appropriated pursuant to the
authorization of appropriations under subparagraph (A) are
authorized to remain available until expended.
"(b) Government of Sudan Defined. - In this section, the term
'Government of Sudan' means the National Congress Party, formerly
known as the National Islamic Front, government in Khartoum, Sudan,
or any successor government formed on or after the date of the
enactment of the Comprehensive Peace in Sudan Act [of 2004, Dec.
23, 2004] (other than the coalition government agreed upon in the
Nairobi Declaration on the Final Phase of Peace in the Sudan signed
on June 5, 2004)."
[Memorandum of President of the United States, Oct. 21, 2004, 69
F.R. 63039, delegated to the Secretary of State the determination,
certification, and reporting functions of the President under
sections 6(b)(1) and 6(c) of Pub. L. 107-245, set out above.]
[Memorandum of President of the United States, Mar. 14, 2005, 70
F.R. 14967, delegated to the Secretary of State the reporting
function of the President under section 6(e) of Pub. L. 107-245,
set out above.]
PRESIDENTIAL DETERMINATIONS ON THE SUDAN PEACE ACT
Provisions certifying good faith negotiations between the
Government of Sudan and the Sudan People's Liberation Movement were
contained in the following:
Determination of President of the United States, No. 2004-29,
Apr. 21, 2004, 69 F.R. 24905.
Determination of President of the United States, No. 2004-05,
Oct. 21, 2003, 68 F.R. 63977.
Determination of President of the United States, No. 2003-21,
Apr. 21, 2003, 68 F.R. 20329.
ASSISTANCE EFFORTS IN SUDAN
Pub. L. 108-199, div. D, title V, Sec. 534(j), Jan. 23, 2004, 118
Stat. 182, defined terms for purposes of section 501 of Pub. L. 106-
570, formerly set out below.
Pub. L. 106-570, title V, Sec. 501, Dec. 27, 2000, 114 Stat.
3050, authorized the President to undertake appropriate programs
with indigenous groups, agencies, or organizations in areas outside
of control of the Government of Sudan in order to benefit the
economic development of that area and its people and exempted
exports from those areas from the export prohibitions of Ex. Ord.
No. 13067, prior to repeal by Pub. L. 109-344, Sec. 8(a), Oct. 13,
2006, 120 Stat. 1879.
IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION
Pub. L. 106-178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub.
L. 107-228, div. B, title XIII, Sec. 1306, Sept. 30, 2002, 116
Stat. 1438; Pub. L. 109-112, Secs. 3-4(e)(1), Nov. 22, 2005, 119
Stat. 2368, 2369; Pub. L. 109-353, Sec. 3, Oct. 13, 2006, 120 Stat.
2015, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iran, North Korea, and Syria
Nonproliferation Act'.
"SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA,
AND SYRIA.
"(a) Reports. - The President shall, at the times specified in
subsection (b), submit to the Committee on International Relations
[now Committee on Foreign Affairs] of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
identifying every foreign person with respect to whom there is
credible information indicating that that person, on or after
January 1, 1999, transferred to or acquired from Iran, on or after
January 1, 2005, transferred to or acquired from Syria, or on or
after January 1, 2006, transferred to or acquired from North Korea -
"(1) goods, services, or technology listed on -
"(A) the Nuclear Suppliers Group Guidelines for the Export of
Nuclear Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and
Guidelines for Transfers of Nuclear-Related Dual-Use Equipment,
Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions);
"(B) the Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent revisions;
"(C) the lists of items and substances relating to biological
and chemical weapons the export of which is controlled by the
Australia Group;
"(D) the Schedule One or Schedule Two list of toxic chemicals
and precursors the export of which is controlled pursuant to
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction; or
"(E) the Wassenaar Arrangement list of Dual Use Goods and
Technologies and Munitions list of July 12, 1996, and
subsequent revisions; or
"(2) goods, services, or technology not listed on any list
identified in paragraph (1) but which nevertheless would be, if
they were United States goods, services, or technology,
prohibited for export to Iran, North Korea, or Syria, as the case
may be, because of their potential to make a material
contribution to the development of nuclear, biological, or
chemical weapons, or of ballistic or cruise missile systems.
"(b) Timing of Reports. - The reports under subsection (a) shall
be submitted not later than 90 days after the date of the enactment
of this Act [Mar. 14, 2000], not later than 6 months after such
date of enactment, and not later than the end of each 6-month
period thereafter.
"(c) Exceptions. - Any foreign person who -
"(1) was identified in a previous report submitted under
subsection (a) on account of a particular transfer; or
"(2) has engaged in a transfer on behalf of, or in concert
with, the Government of the United States,
is not required to be identified on account of that same transfer
in any report submitted thereafter under this section, except to
the degree that new information has emerged indicating that the
particular transfer may have continued, or been larger, more
significant, or different in nature than previously reported under
this section.
"(d) Submission in Classified Form. - When the President
considers it appropriate, reports submitted under subsection (a),
or appropriate parts thereof, may be submitted in classified form.
"(e) Content of Reports. - Each report under subsection (a) shall
contain, with respect to each foreign person identified in such
report, a brief description of the type and quantity of the goods,
services, or technology transferred by that person to Iran, the
circumstances surrounding the transfer, the usefulness of the
transfer to Iranian weapons programs, and the probable awareness or
lack thereof of the transfer on the part of the government with
primary jurisdiction over the person.
"SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
"(a) Application of Measures. - Subject to sections 4 and 5, the
President is authorized to apply with respect to each foreign
person identified in a report submitted pursuant to section 2(a),
for such period of time as he may determine, any or all of the
measures described in subsection (b).
"(b) Description of Measures. - The measures referred to in
subsection (a) are the following:
"(1) Executive order no. 12938 prohibitions. - The measures set
forth in subsections (b) and (c) of section 4 of Executive Order
No. 12938.
"(2) Arms export prohibition. - Prohibition on United States
Government sales to that foreign person of any item on the United
States Munitions List as in effect on August 8, 1995, and
termination of sales to that person of any defense articles,
defense services, or design and construction services under the
Arms Export Control Act [22 U.S.C. 2751 et seq.].
"(3) Dual use export prohibition. - Denial of licenses and
suspension of existing licenses for the transfer to that person
of items the export of which is controlled under the Export
Administration Act of 1979 [50 U.S.C. App. 2401 et seq.] or the
Export Administration Regulations.
"(c) Effective Date of Measures. - Measures applied pursuant to
subsection (a) shall be effective with respect to a foreign person
no later than -
"(1) 90 days after the report identifying the foreign person is
submitted, if the report is submitted on or before the date
required by section 2(b);
"(2) 90 days after the date required by section 2(b) for
submitting the report, if the report identifying the foreign
person is submitted within 60 days after that date; or
"(3) on the date that the report identifying the foreign person
is submitted, if that report is submitted more than 60 days after
the date required by section 2(b).
"(d) Publication in Federal Register. - The application of
measures to a foreign person pursuant to subsection (a) shall be
announced by notice published in the Federal Register.
"SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
"(a) Requirement To Notify Congress. - Should the President not
exercise the authority of section 3(a) to apply any or all of the
measures described in section 3(b) with respect to a foreign person
identified in a report submitted pursuant to section 2(a), he shall
so notify the Committee on International Relations [now Committee
on Foreign Affairs] of the House of Representatives and the
Committee on Foreign Relations of the Senate no later than the
effective date under section 3(c) for measures with respect to that
person.
"(b) Written Justification. - Any notification submitted by the
President under subsection (a) shall include a written
justification describing in detail the facts and circumstances
relating specifically to the foreign person identified in a report
submitted pursuant to section 2(a) that support the President's
decision not to exercise the authority of section 3(a) with respect
to that person.
"(c) Submission in Classified Form. - When the President
considers it appropriate, the notification of the President under
subsection (a), and the written justification under subsection (b),
or appropriate parts thereof, may be submitted in classified form.
"SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3
AND 4.
"(a) In General. - Sections 3 and 4 shall not apply to a foreign
person 15 days after the President reports to the Committee on
International Relations [now Committee on Foreign Affairs] of the
House of Representatives and the Committee on Foreign Relations of
the Senate that the President has determined, on the basis of
information provided by that person, or otherwise obtained by the
President, that -
"(1) the person did not, on or after January 1, 1999, knowingly
transfer to or acquire from Iran, North Korea, or Syria, as the
case may be, the goods, services, or technology the apparent
transfer of which caused that person to be identified in a report
submitted pursuant to section 2(a);
"(2) the goods, services, or technology the transfer of which
caused that person to be identified in a report submitted
pursuant to section 2(a) did not materially contribute to the
efforts of Iran, North Korea, or Syria, as the case may be, to
develop nuclear, biological, or chemical weapons, or ballistic or
cruise missile systems, or weapons listed on the Wassenaar
Arrangement Munitions List of July 12, 1996, or any subsequent
revision of that list;
"(3) the person is subject to the primary jurisdiction of a
government that is an adherent to one or more relevant
nonproliferation regimes, the person was identified in a report
submitted pursuant to section 2(a) with respect to a transfer of
goods, services, or technology described in section 2(a)(1), and
such transfer was made consistent with the guidelines and
parameters of all such relevant regimes of which such government
is an adherent; or
"(4) the government with primary jurisdiction over the person
has imposed meaningful penalties on that person on account of the
transfer of the goods, services, or technology which caused that
person to be identified in a report submitted pursuant to section
2(a).
"(b) Opportunity To Provide Information. - Congress urges the
President -
"(1) in every appropriate case, to contact in a timely fashion
each foreign person identified in each report submitted pursuant
to section 2(a), or the government with primary jurisdiction over
such person, in order to afford such person, or governments, the
opportunity to provide explanatory, exculpatory, or other
additional information with respect to the transfer that caused
such person to be identified in a report submitted pursuant to
section 2(a); and
"(2) to exercise the authority in subsection (a) in all cases
where information obtained from a foreign person identified in a
report submitted pursuant to section 2(a), or from the government
with primary jurisdiction over such person, establishes that the
exercise of such authority is warranted.
"(c) Submission in Classified Form. - When the President
considers it appropriate, the determination and report of the
President under subsection (a), or appropriate parts thereof, may
be submitted in classified form.
"SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH
THE INTERNATIONAL SPACE STATION.
"(a) Restriction on Extraordinary Payments in Connection With the
International Space Station. - Notwithstanding any other provision
of law, no agency of the United States Government may make
extraordinary payments in connection with the International Space
Station to the Russian Aviation and Space Agency, any organization
or entity under the jurisdiction or control of the Russian Aviation
and Space Agency, or any other organization, entity, or element of
the Government of the Russian Federation, unless, during the fiscal
year in which the extraordinary payments in connection with the
International Space Station are to be made, the President has made
the determination described in subsection (b), and reported such
determination to the Committee on International Relations [now
Committee on Foreign Affairs] and the Committee on Science [now
Committee on Science and Technology] of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the Senate.
"(b) Determination Regarding Russian Cooperation in Preventing
Proliferation Relating to Iran, North Korea, and Syria. - The
determination referred to in subsection (a) is a determination by
the President that -
"(1) it is the policy of the Government of the Russian
Federation to oppose the proliferation to or from Iran, North
Korea, and Syria of weapons of mass destruction and missile
systems capable of delivering such weapons;
"(2) the Government of the Russian Federation (including the
law enforcement, export promotion, export control, and
intelligence agencies of such government) has demonstrated and
continues to demonstrate a sustained commitment to seek out and
prevent the transfer to or from Iran, North Korea, and Syria of
goods, services, and technology that could make a material
contribution to the development of nuclear, biological, or
chemical weapons, or of ballistic or cruise missile systems; and
"(3) neither the Russian Aviation and Space Agency, nor any
organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency, has, during the 1-year period
prior to the date of the determination pursuant to this
subsection, made transfers to or from Iran, North Korea, or Syria
reportable under section 2(a) of this Act (other than transfers
with respect to which a determination pursuant to section 5 has
been or will be made).
"(c) Prior Notification. - Not less than 5 days before making a
determination under subsection (b), the President shall notify the
Committee on International Relations [now Committee on Foreign
Affairs] and the Committee on Science [now Committee on Science and
Technology] of the House of Representatives and the Committee on
Foreign Relations and the Committee on Commerce, Science, and
Transportation of the Senate of his intention to make such
determination.
"(d) Written Justification. - A determination of the President
under subsection (b) shall include a written justification
describing in detail the facts and circumstances supporting the
President's conclusion.
"(e) Submission in Classified Form. - When the President
considers it appropriate, a determination of the President under
subsection (b), a prior notification under subsection (c), and a
written justification under subsection (d), or appropriate parts
thereof, may be submitted in classified form.
"(f) Exception for Crew Safety. -
"(1) Exception. - The National Aeronautics and Space
Administration may make extraordinary payments that would
otherwise be prohibited under this section to the Russian
Aviation and Space Agency or any organization or entity under the
jurisdiction or control of the Russian Aviation and Space Agency
if the President has notified the Congress in writing that such
payments are necessary to prevent the imminent loss of life by or
grievous injury to individuals aboard the International Space
Station.
"(2) Report. - Not later than 30 days after notifying Congress
that the National Aeronautics and Space Administration will make
extraordinary payments under paragraph (1), the President shall
submit to Congress a report describing -
"(A) the extent to which the provisions of subsection (b) had
been met as of the date of notification; and
"(B) the measures that the National Aeronautics and Space
Administration is taking to ensure that -
"(i) the conditions posing a threat of imminent loss of
life by or grievous injury to individuals aboard the
International Space Station necessitating the extraordinary
payments are not repeated; and
"(ii) it is no longer necessary to make extraordinary
payments in order to prevent imminent loss of life by or
grievous injury to individuals aboard the International Space
Station.
"(g) Service Module Exception. -
"(1) The National Aeronautics and Space Administration may make
extraordinary payments that would otherwise be prohibited under
this section to the Russian Aviation and Space Agency, any
organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency, or any subcontractor thereof
for the construction, testing, preparation, delivery, launch, or
maintenance of the Service Module, and for the purchase (at a
total cost not to exceed $14,000,000) of the pressure dome for
the Interim Control Module and the Androgynous Peripheral Docking
Adapter and related hardware for the United States propulsion
module, if -
"(A) the President has notified Congress at least 5 days
before making such payments;
"(B) no report has been made under section 2 with respect to
an activity of the entity to receive such payment, and the
President has no credible information of any activity that
would require such a report; and
"(C) the United States will receive goods or services of
value to the United States commensurate with the value of the
extraordinary payments made.
"(2) For purposes of this subsection, the term 'maintenance'
means activities which cannot be performed by the National
Aeronautics and Space Administration and which must be performed
in order for the Service Module to provide environmental control,
life support, and orbital maintenance functions which cannot be
performed by an alternative means at the time of payment.
"(3) This subsection shall cease to be effective 60 days after
a United States propulsion module is in place at the
International Space Station.
"(h) Exception. - Notwithstanding subsections (a) and (b), no
agency of the United States Government may make extraordinary
payments in connection with the International Space Station, or any
other payments in connection with the International Space Station,
to any foreign person subject to measures applied pursuant to -
"(1) section 3 of this Act; or
"(2) section 4 of Executive Order No. 12938 (November 14,
1994), as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the
agency of the United States Government anticipates that such
payments will be passed on to such a foreign person.
"(i) Report on Certain Payments Related to International Space
Station. -
"(1) In general. - The President shall, together with each
report submitted under section 2(a), submit to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations [now Committee on Foreign Affairs] of the
House of Representatives a report that identifies each Russian
entity or person to whom the United States Government has, since
the date of the enactment of the Iran Nonproliferation Amendments
Act of 2005 [Nov. 22, 2005], made a payment in cash or in kind
for work to be performed or services to be rendered under the
Agreement Concerning Cooperation on the Civil International Space
Station, with annex, signed at Washington January 29, 1998, and
entered into force March 27, 2001, or any protocol, agreement,
memorandum of understanding, or contract related thereto.
"(2) Content. - Each report submitted under paragraph (1) shall
include -
"(A) the specific purpose of each payment made to each entity
or person identified in the report; and
"(B) with respect to each such payment, the assessment of the
President that the payment was not prejudicial to the
achievement of the objectives of the United States Government
to prevent the proliferation of ballistic or cruise missile
systems in Iran and other countries that have repeatedly
provided support for acts of international terrorism, as
determined by the Secretary of State under section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section
6(j) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).
"SEC. 7. DEFINITIONS.
"For purposes of this Act, the following terms have the following
meanings:
"(1) Extraordinary payments in connection with the
international space station. - The term 'extraordinary payments
in connection with the International Space Station' means
payments in cash or in kind made or to be made by the United
States Government -
"(A) for work on the International Space Station which the
Russian Government pledged at any time to provide at its
expense; or
"(B) for work on the International Space Station, or for the
purchase of goods or services relating to human space flight,
that are not required to be made under the terms of a contract
or other agreement that was in effect on January 1, 1999, as
those terms were in effect on such date,
except that such term does not mean payments in cash or in kind
made or to be made by the United States Government prior to
January 1, 2012, for work to be performed or services to be
rendered prior to that date necessary to meet United States
obligations under the Agreement Concerning Cooperation on the
Civil International Space Station, with annex, signed at
Washington January 29, 1998, and entered into force March 27,
2001, or any protocol, agreement, memorandum of understanding, or
contract related thereto.
"(2) Foreign person; person. - The terms 'foreign person' and
'person' mean -
"(A) a natural person that is an alien;
"(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
"(C) any foreign government, including any foreign
governmental entity; and
"(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (A), (B), or (C), including any
entity in which any entity described in any such subparagraph
owns a controlling interest.
"(3) Executive order no. 12938. - The term 'Executive Order No.
12938' means Executive Order No. 12938 [listed in a table below]
as in effect on January 1, 1999.
"(4) Adherent to relevant nonproliferation regime. - A
government is an 'adherent' to a 'relevant nonproliferation
regime' if that government -
"(A) is a member of the Nuclear Suppliers Group with respect
to a transfer of goods, services, or technology described in
section 2(a)(1)(A);
"(B) is a member of the Missile Technology Control Regime
with respect to a transfer of goods, services, or technology
described in section 2(a)(1)(B), or is a party to a binding
international agreement with the United States that was in
effect on January 1, 1999, to control the transfer of such
goods, services, or technology in accordance with the criteria
and standards set forth in the Missile Technology Control
Regime;
"(C) is a member of the Australia Group with respect to a
transfer of goods, services, or technology described in section
2(a)(1)(C);
"(D) is a party to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction with respect to a transfer of
goods, services, or technology described in section 2(a)(1)(D);
or
"(E) is a member of the Wassenaar Arrangement with respect to
a transfer of goods, services, or technology described in
section 2(a)(1)(E).
"(5) Organization or entity under the jurisdiction or control
of the Russian Aviation and Space Agency. -
"(A) The term 'organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency' means an
organization or entity that -
"(i) was made part of the Russian Space Agency upon its
establishment on February 25, 1992;
"(ii) was transferred to the Russian Space Agency by decree
of the Russian Government on July 25, 1994, or May 12, 1998;
"(iii) was or is transferred to the Russian Aviation and
Space Agency or Russian Space Agency by decree of the Russian
Government at any other time before, on, or after the date of
the enactment of this Act [Mar. 14, 2000]; or
"(iv) is a joint stock company in which the Russian
Aviation and Space Agency or Russian Space Agency has at any
time held controlling interest.
"(B) Any organization or entity described in subparagraph (A)
shall be deemed to be under the jurisdiction or control of the
Russian Aviation and Space Agency regardless of whether -
"(i) such organization or entity, after being part of or
transferred to the Russian Aviation and Space Agency or
Russian Space Agency, is removed from or transferred out of
the Russian Aviation and Space Agency or Russian Space
Agency; or
"(ii) the Russian Aviation and Space Agency or Russian
Space Agency, after holding a controlling interest in such
organization or entity, divests its controlling interest."
[Pub. L. 109-112, Sec. 4(e)(2), Nov. 22, 2005, 119 Stat. 2370,
provided that: "Any reference in a law, regulation, document, or
other record of the United States to the Iran Nonproliferation Act
of 2000 [now Iran, North Korea, and Syria Nonproliferation Act,
Pub. L. 106-198, set out above] shall be deemed to be a reference
to the Iran and Syria Nonproliferation Act."]
[Memorandum of President of the United States, Sept. 11, 2000, 65
F.R. 56209, delegated to the Secretary of State functions and
authorities conferred on the President under Pub. L. 106-178, set
out above, with the exception of section 6(f) and (g), from which
were delegated to the Secretary of State only section 6(f)(2)(A)
and (g)(1)(B), with the remaining functions and authorities under
section 6(f) and (g) delegated to the Administrator of the National
Aeronautics and Space Administration, and provided that authorities
and functions delegated by the memorandum could be redelegated.]
APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES
Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998, 112
Stat. 2160, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title
XII, Sec. 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330; Pub. L.
108-375, div. A, title XII, Sec. 1222, Oct. 28, 2004, 118 Stat.
2089, provided that:
"(a) Presidential Authority. -
"(1) In general. - The President may exercise IEEPA authorities
(other than authorities relating to importation) without regard
to section 202 of the International Emergency Economic Powers Act
(50 U.S.C. 1701) in the case of any commercial activity in the
United States by a person that is on the list published under
subsection (b).
"(2) Penalties. - The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
apply to violations of any license, order, or regulation issued
under paragraph (1).
"(3) Ieepa authorities. - For purposes of paragraph (1), the
term 'IEEPA authorities' means the authorities set forth in
section 203(a) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(a)).
"(b) Determination and Reporting of Communist Chinese Military
Companies Operating in United States. -
"(1) Initial determination and reporting. - Not later than
March 1, 2001, the Secretary of Defense shall make a
determination of those persons operating directly or indirectly
in the United States or any of its territories and possessions
that are Communist Chinese military companies and shall submit a
list of those persons in classified and unclassified form to the
following:
"(A) The Committee on Armed Services of the House of
Representatives.
"(B) The Committee on Armed Services of the Senate.
"(C) The Secretary of State.
"(D) The Secretary of the Treasury.
"(E) The Attorney General.
"(F) The Secretary of Commerce.
"(G) The Secretary of Energy.
"(H) The Director of Central Intelligence.
"(2) Annual revisions to the list. - The Secretary of Defense
shall make additions or deletions to the list submitted under
paragraph (1) on an annual basis based on the latest information
available and shall submit the updated list not later than
February 1, each year to the committees and officers specified in
paragraph (1).
"(3) Consultation. - The Secretary of Defense shall consult
with the following officers in carrying out paragraphs (1) and
(2):
"(A) The Attorney General.
"(B) The Director of Central Intelligence.
"(C) The Director of the Federal Bureau of Investigation.
"(4) Communist chinese military company. - For purposes of
making the determination required by paragraph (1) and of
carrying out paragraph (2), the term 'Communist Chinese military
company' means -
"(A) any person identified in the Defense Intelligence Agency
publication numbered VP-1920-271-90, dated September 1990, or
PC-1921-57-95, dated October 1995, and any update of those
publications for the purposes of this section; and
"(B) any other person that -
"(i) is owned or controlled by, or affiliated with, the
People's Liberation Army or a ministry of the government of
the People's Republic of China or that is owned or controlled
by an entity affiliated with the defense industrial base of
the People's Republic of China; and
"(ii) is engaged in providing commercial services,
manufacturing, producing, or exporting.
"(c) People's Liberation Army. - For purposes of this section,
the term 'People's Liberation Army' means the land, naval, and air
military services, the police, and the intelligence services of the
Communist Government of the People's Republic of China, and any
member of any such service or of such police."
[Reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community deemed to be a
reference to the Director of National Intelligence. Reference to
the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency deemed to be a reference to the
Director of the Central Intelligence Agency. See section 1081(a),
(b) of Pub. L. 108-458, set out as a note under section 401 of this
title.]
IRAN SANCTIONS
Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub.
L. 107-24, Secs. 2(a), 3-5, Aug. 3, 2001, 115 Stat. 199, 200; Pub.
L. 109-267, Sec. 1, Aug. 4, 2006, 120 Stat. 680; Pub. L. 109-293,
title II, Secs. 201-202(b), 203-205(g)(1), Sept. 30, 2006, 120
Stat. 1345-1347, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iran Sanctions Act of 1996'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) The efforts of the Government of Iran to acquire weapons
of mass destruction and the means to deliver them and its support
of acts of international terrorism endanger the national security
and foreign policy interests of the United States and those
countries with which the United States shares common strategic
and foreign policy objectives.
"(2) The objective of preventing the proliferation of weapons
of mass destruction and acts of international terrorism through
existing multilateral and bilateral initiatives requires
additional efforts to deny Iran the financial means to sustain
its nuclear, chemical, biological, and missile weapons programs.
"(3) The Government of Iran uses its diplomatic facilities and
quasi-governmental institutions outside of Iran to promote acts
of international terrorism and assist its nuclear, chemical,
biological, and missile weapons programs.
"SEC. 3. DECLARATION OF POLICY.
"The Congress declares that it is the policy of the United States
to deny Iran the ability to support acts of international terrorism
and to fund the development and acquisition of weapons of mass
destruction and the means to deliver them by limiting the
development of Iran's ability to explore for, extract, refine, or
transport by pipeline petroleum resources of Iran.
"SEC. 4. MULTILATERAL REGIME.
"(a) Multilateral Negotiations. - In order to further the
objectives of section 3, the Congress urges the President to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, and bilaterally with
allies of the United States, to establish a multilateral sanctions
regime against Iran, including provisions limiting the development
of petroleum resources, that will inhibit Iran's efforts to carry
out activities described in section 2.
"(b) Reports to Congress. - The President shall report to the
appropriate congressional committees, not later than 1 year after
the date of the enactment of this Act [Aug. 5, 1996], and
periodically thereafter, on the extent that diplomatic efforts
described in subsection (a) have been successful. Each report shall
include -
"(1) the countries that have agreed to undertake measures to
further the objectives of section 3 with respect to Iran, and a
description of those measures; and
"(2) the countries that have not agreed to measures described
in paragraph (1), and, with respect to those countries, other
measures (in addition to that provided in subsection (d)) the
President recommends that the United States take to further the
objectives of section 3 with respect to Iran.
"(c) Waiver. -
"(1) In general. - The President may, on a case by case basis,
waive for a period of not more than six months the application of
section 5(a) with respect to a national of a country, if the
President certifies to the appropriate congressional committees
at least 30 days before such waiver is to take effect that such
waiver is vital to the national security interests of the United
States.
"(2) Subsequent renewal of waiver. - If the President
determines that, in accordance with paragraph (1), such a waiver
is appropriate, the President may, at the conclusion of the
period of a waiver under paragraph (1), renew such waiver for
subsequent periods of not more than six months each.
"(d) Enhanced Sanction. -
"(1) Sanction. - With respect to nationals of countries except
those with respect to which the President has exercised the
waiver authority of subsection (c), at any time after the first
report is required to be submitted under subsection (b), section
5(a) shall be applied by substituting '$20,000,000' for
'$40,000,000' each place it appears, and by substituting
'$5,000,000' for '$10,000,000'.
"(2) Report to congress. - The President shall report to the
appropriate congressional committees any country with respect to
which paragraph (1) applies.
"(e) Interim Report on Multilateral Sanctions; Monitoring. - The
President, not later than 90 days after the date of the enactment
of this Act, shall report to the appropriate congressional
committees on -
"(1) whether the member states of the European Union, the
Republic of Korea, Australia, Israel, or Japan have legislative
or administrative standards providing for the imposition of trade
sanctions on persons or their affiliates doing business or having
investments in Iran or Libya;
"(2) the extent and duration of each instance of the
application of such sanctions; and
"(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
"(f) Investigations. -
"(1) In general. - The President should initiate an
investigation into the possible imposition of sanctions under
section 5(a) against a person upon receipt by the United States
of credible information indicating that such person is engaged in
investment activity in Iran as described in such section.
"(2) Determination and notification. - Not later than 180 days
after an investigation is initiated in accordance with paragraph
(1), the President should determine, pursuant to section 5(a), if
a person has engaged in investment activity in Iran as described
in such section and shall notify the appropriate congressional
committees of the basis for any such determination.
"SEC. 5. IMPOSITION OF SANCTIONS.
"(a) Sanctions With Respect to the Development of Petroleum
Resources of Iran. - Except as provided in subsection (f), the
President shall impose 2 or more of the sanctions described in
paragraphs (1) through (6) of section 6 if the President determines
that a person has, with actual knowledge, on or after the date of
the enactment of this Act [Aug. 5, 1996], made an investment of
$40,000,000 or more (or any combination of investments of at least
$10,000,000 each, which in the aggregate equals or exceeds
$40,000,000 in any 12-month period), that directly and
significantly contributed to the enhancement of Iran's ability to
develop petroleum resources of Iran.
"(b) Mandatory Sanctions With Respect to Development of Weapons
of Mass Destruction or Other Military Capabilities. - The President
shall impose two or more of the sanctions described in paragraphs
(1) through (6) of section 6 if the President determines that a
person has, on or after the date of the enactment of this Act [Aug.
5, 1996], exported, transferred, or otherwise provided to Iran any
goods, services, technology, or other items knowing that the
provision of such goods, services, technology, or other items would
contribute materially to the ability of Iran to -
"(1) acquire or develop chemical, biological, or nuclear
weapons or related technologies; or
"(2) acquire or develop destabilizing numbers and types of
advanced conventional weapons.
"(c) Persons Against Which the Sanctions Are To Be Imposed. - The
sanctions described in subsections (a) and (b) shall be imposed on -
"(1) any person the President determines has carried out the
activities described in subsection (a) or (b); and
"(2) any person the President determines -
"(A) is a successor entity to the person referred to in
paragraph (1);
"(B) is a parent or subsidiary of the person referred to in
paragraph (1) if that parent or subsidiary, with actual
knowledge, engaged in the activities referred to in paragraph
(1); or
"(C) is an affiliate of the person referred to in paragraph
(1) if that affiliate, with actual knowledge, engaged in the
activities referred to in paragraph (1) and if that affiliate
is controlled in fact by the person referred to in paragraph
(1).
For purposes of this Act, any person or entity described in this
subsection shall be referred to as a 'sanctioned person'.
"(d) Publication in Federal Register. - The President shall cause
to be published in the Federal Register a current list of persons
and entities on whom sanctions have been imposed under this Act.
The removal of persons or entities from, and the addition of
persons and entities to, the list, shall also be so published.
"(e) Publication of Projects. - The President shall cause to be
published in the Federal Register a list of all significant
projects which have been publicly tendered in the oil and gas
sector in Iran.
"(f) Exceptions. - The President shall not be required to apply
or maintain the sanctions under subsection (a) or (b) -
"(1) in the case of procurement of defense articles or defense
services -
"(A) under existing contracts or subcontracts, including the
exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
"(B) if the President determines in writing that the person
to which the sanctions would otherwise be applied is a sole
source supplier of the defense articles or services, that the
defense articles or services are essential, and that
alternative sources are not readily or reasonably available; or
"(C) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
"(2) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2518(4)), of any foreign country or instrumentality
designated under section 301(b)(1) of that Act (19 U.S.C.
2511(b)(1));
"(3) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person on whom
the sanctions are to be imposed;
"(4) to -
"(A) spare parts which are essential to United States
products or production;
"(B) component parts, but not finished products, essential to
United States products or production; or
"(C) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
"(6) to information and technology essential to United States
products or production; or
"(7) to medicines, medical supplies, or other humanitarian
items.
"SEC. 6. DESCRIPTION OF SANCTIONS.
"The sanctions to be imposed on a sanctioned person under section
5 are as follows:
"(1) Export-import bank assistance for exports to sanctioned
persons. - The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation in
the extension of credit in connection with the export of any
goods or services to any sanctioned person.
"(2) Export sanction. - The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to a sanctioned person under -
"(i) the Export Administration Act of 1979 [50 U.S.C. App.
2401 et seq.];
"(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];
"(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
seq.]; or
"(iv) any other statute that requires the prior review and
approval of the United States Government as a condition for the
export or reexport of goods or services.
"(3) Loans from united states financial institutions. - The
United States Government may prohibit any United States financial
institution from making loans or providing credits to any
sanctioned person totaling more than $10,000,000 in any 12-month
period unless such person is engaged in activities to relieve
human suffering and the loans or credits are provided for such
activities.
"(4) Prohibitions on financial institutions. - The following
prohibitions may be imposed against a sanctioned person that is a
financial institution:
"(A) Prohibition on designation as primary dealer. - Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, such financial
institution as a primary dealer in United States Government
debt instruments.
"(B) Prohibition on service as a repository of government
funds. - Such financial institution may not serve as agent of
the United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as 1 sanction for purposes of section 5, and the
imposition of both such sanctions shall be treated as 2 sanctions
for purposes of section 5.
"(5) Procurement sanction. - The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from a sanctioned person.
"(6) Additional sanctions. - The President may impose
sanctions, as appropriate, to restrict imports with respect to a
sanctioned person, in accordance with the International Emergency
Economic Powers Act (50 U.S.C. 1701 and following).
"SEC. 7. ADVISORY OPINIONS.
"The Secretary of State may, upon the request of any person,
issue an advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions
under this Act. 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 person who thereafter
engages in such activity, will not be made subject to such
sanctions on account of such activity.
"SEC. 8. TERMINATION OF SANCTIONS.
"The requirement under section 5(a) to impose sanctions shall no
longer have force or effect with respect to Iran if the President
determines and certifies to the appropriate congressional
committees that Iran -
"(1) has ceased its efforts to design, develop, manufacture, or
acquire -
"(A) a nuclear explosive device or related materials and
technology;
"(B) chemical and biological weapons; and
"(C) ballistic missiles and ballistic missile launch
technology;
"(2) has been removed from the list of countries the
governments of which have been determined, for purposes of
section 6(j) of the Export Administration Act of 1979 [50 U.S.C.
App. 2405(j)], to have repeatedly provided support for acts of
international terrorism; and
"(3) poses no significant threat to United States national
security, interests, or allies.
"SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
"(a) Delay of Sanctions. -
"(1) Consultations. - If the President makes a determination
described in section 5(a) or 5(b) with respect 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 under this Act.
"(2) Actions by government of jurisdiction. - In order to
pursue consultations under paragraph (1) with the government
concerned, the President may delay imposition of sanctions under
this Act for up to 90 days. Following such consultations, the
President shall immediately impose sanctions unless the President
determines and certifies to the Congress that the government has
taken specific and effective actions, including, as appropriate,
the imposition of appropriate penalties, to terminate the
involvement of the foreign person in the activities that resulted
in the determination by the President under section 5(a) or 5(b)
concerning such person.
"(3) Additional delay in imposition of sanctions. - The
President may delay the imposition of sanctions for up to an
additional 90 days if the President determines and certifies to
the Congress that the government with primary jurisdiction over
the person concerned is in the process of taking the actions
described in paragraph (2).
"(4) Report to congress. - Not later than 90 days after making
a determination under section 5(a) or 5(b), the President shall
submit to the appropriate congressional committees a report on
the status of consultations with the appropriate foreign
government under this subsection, and the basis for any
determination under paragraph (3).
"(b) Duration of Sanctions. - A sanction imposed under section 5
shall remain in effect -
"(1) for a period of not less than 2 years from the date on
which it is imposed; or
"(2) until such time as the President determines and certifies
to the Congress that the person whose activities were the basis
for imposing the sanction is no longer engaging in such
activities and that the President has received reliable
assurances that such person will not knowingly engage in such
activities in the future, except that such sanction shall remain
in effect for a period of at least 1 year.
"(c) Presidential Waiver. -
"(1) Authority. - The President may waive the requirement in
section 5 to impose a sanction or sanctions on a person described
in section 5(c), and may waive the continued imposition of a
sanction or sanctions under subsection (b) of this section, 30
days or more after the President determines and so reports to the
appropriate congressional committees that it is important to the
national interest of the United States to exercise such waiver
authority.
"(2) Contents of report. - Any report under paragraph (1) shall
provide a specific and detailed rationale for the determination
under paragraph (1), including -
"(A) a description of the conduct that resulted in the
determination under section 5(a) or (b), as the case may be;
"(B) in the case of a foreign person, an explanation of the
efforts to secure the cooperation of the government with
primary jurisdiction over the sanctioned person to terminate
or, as appropriate, penalize the activities that resulted in
the determination under section 5(a) or (b), as the case may
be;
"(C) an estimate of the significance of the provision of the
items described in section 5(a) or section 5(b) to Iran's
ability to, respectively, develop its petroleum resources or
its weapons of mass destruction or other military capabilities;
and
"(D) a statement as to the response of the United States in
the event that the person concerned engages in other activities
that would be subject to section 5(a) or (b).
"(3) Effect of report on waiver. - If the President makes a
report under paragraph (1) with respect to a waiver of sanctions
on a person described in section 5(c), sanctions need not be
imposed under section 5(a) or (b) on that person during the 30-
day period referred to in paragraph (1).
"SEC. 10. REPORTS REQUIRED.
"(a) Report on Certain International Initiatives. - Not later
than 6 months after the date of the enactment of this Act [Aug. 5,
1996], and every 6 months thereafter, the President shall transmit
a report to the appropriate congressional committees describing -
"(1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease its
nuclear, chemical, biological, and missile weapons programs and
its support of acts of international terrorism;
"(2) the efforts of the President to persuade other governments
to ask Iran to reduce the presence of Iranian diplomats and
representatives of other government and military or quasi-
governmental institutions of Iran and to withdraw any such
diplomats or representatives who participated in the takeover of
the United States embassy in Tehran on November 4, 1979, or the
subsequent holding of United States hostages for 444 days;
"(3) the extent to which the International Atomic Energy Agency
has established regular inspections of all nuclear facilities in
Iran, including those presently under construction; and
"(4) Iran's use of Iranian diplomats and representatives of
other government and military or quasi-governmental institutions
of Iran to promote acts of international terrorism or to develop
or sustain Iran's nuclear, chemical, biological, and missile
weapons programs.
"(b) Report on Effectiveness of Actions Under This Act. - Not
earlier than 24 months, and not later than 30 months, after the
date of the enactment of the ILSA Extension Act of 2001 [Aug. 3,
2001], the President shall transmit to Congress a report that
describes -
"(1) the extent to which actions relating to trade taken
pursuant to this Act -
"(A) have been effective in achieving the objectives of
section 3 and any other foreign policy or national security
objectives of the United States with respect to Iran; and
"(B) have affected humanitarian interests in Iran, the
country in which the sanctioned person is located, or in other
countries; and
"(2) the impact of actions relating to trade taken pursuant to
this Act on other national security, economic, and foreign policy
interests of the United States, including relations with
countries friendly to the United States, and on the United States
economy.
The President may include in the report the President's
recommendation on whether or not this Act should be terminated or
modified.
"(c) Other Reports. - The President shall ensure the continued
transmittal to the Congress of reports describing -
"(1) the nuclear and other military capabilities of Iran, as
required by section 601(a) of the Nuclear Non-Proliferation Act
of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National
Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102-484,
set out below]; and
"(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual report on
international terrorism.
"SEC. 11. DETERMINATIONS NOT REVIEWABLE.
"A determination to impose sanctions under this Act shall not be
reviewable in any court.
"SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
"Nothing in this Act shall apply to any activities subject to the
reporting requirements of title V of the National Security Act of
1947 [50 U.S.C. 413 et seq.].
"SEC. 13. EFFECTIVE DATE; SUNSET.
"(a) Effective Date. - This Act shall take effect on the date of
the enactment of this Act [Aug. 5, 1996].
"(b) Sunset. - This Act shall cease to be effective on December
31, 2011.
"SEC. 14. DEFINITIONS.
"As used in this Act:
"(1) Act of international terrorism. - The term 'act of
international terrorism' means an act -
"(A) which is violent or dangerous to human life and that is
a violation of the criminal laws of the United States or of any
State or that would be a criminal violation if committed within
the jurisdiction of the United States or any State; and
"(B) which appears to be intended -
"(i) to intimidate or coerce a civilian population;
"(ii) to influence the policy of a government by
intimidation or coercion; or
"(iii) to affect the conduct of a government by
assassination or kidnapping.
"(2) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
Finance, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Foreign Relations of the Senate and the
Committee on Ways and Means, the Committee on Banking and
Financial Services [now Committee on Financial Services], and the
Committee on International Relations [now Committee on Foreign
Affairs] of the House of Representatives.
"(3) Component part. - The term 'component part' has the
meaning given that term in section 11A(e)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
"(4) Develop and development. - To 'develop', or the
'development' of, petroleum resources means the exploration for,
or the extraction, refining, or transportation by pipeline of,
petroleum resources.
"(5) Financial institution. - The term 'financial institution'
includes -
"(A) a depository institution (as defined in section 3(c)(1)
of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]),
including a branch or agency of a foreign bank (as defined in
section 1(b)(7) of the International Banking Act of 1978 [12
U.S.C. 3101(b)(7)]);
"(B) a credit union;
"(C) a securities firm, including a broker or dealer;
"(D) an insurance company, including an agency or
underwriter; and
"(E) any other company that provides financial services.
"(6) Finished product. - The term 'finished product' has the
meaning given that term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
"(7) Foreign person. - The term 'foreign person' means -
"(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the United
States; or
"(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
"(8) Goods and technology. - The terms 'goods' and 'technology'
have the meanings given those terms in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415).
"(9) Investment. - The term 'investment' means any of the
following activities if such activity is undertaken pursuant to
an agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Iran or a
nongovernmental entity in Iran on or after the date of the
enactment of this Act [Aug. 5, 1996]:
"(A) The entry into a contract that includes responsibility
for the development of petroleum resources located in Iran, or
the entry into a contract providing for the general supervision
and guarantee of another person's performance of such a
contract.
"(B) The purchase of a share of ownership, including an
equity interest, in that development.
"(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation.
The term 'investment' does not include the entry into,
performance, or financing of a contract to sell or purchase
goods, services, or technology. For purposes of this paragraph,
an amendment or other modification that is made, on or after June
13, 2001, to an agreement or contract shall be treated as the
entry of an agreement or contract.
"(10) Iran. - The term 'Iran' includes any agency or
instrumentality of Iran.
"(11) Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of iran. - The
term 'Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of Iran' includes
employees, representatives, or affiliates of Iran's -
"(A) Foreign Ministry;
"(B) Ministry of Intelligence and Security;
"(C) Revolutionary Guard Corps;
"(D) Crusade for Reconstruction;
"(E) Qods (Jerusalem) Forces;
"(F) Interior Ministry;
"(G) Foundation for the Oppressed and Disabled;
"(H) Prophet's Foundation;
"(I) June 5th Foundation;
"(J) Martyr's Foundation;
"(K) Islamic Propagation Organization; and
"(L) Ministry of Islamic Guidance.
"(12) Nuclear explosive device. - The term 'nuclear explosive
device' means any device, whether assembled or disassembled, that
is designed to produce an instantaneous release of an amount of
nuclear energy from special nuclear material (as defined in
section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C.
2014(aa)]) that is greater than the amount of energy that would
be released from the detonation of one pound of trinitrotoluene
(TNT).
"(13) Person. - The term 'person' means -
"(A) a natural person;
"(B) a corporation, business association, partnership,
society, trust, any other nongovernmental entity, organization,
or group, and any governmental entity operating as a business
enterprise; and
"(C) any successor to any entity described in subparagraph
(B).
"(14) Petroleum resources. - The term 'petroleum resources'
includes petroleum and natural gas resources.
"(15) United states or state. - The term 'United States' or
'State' means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United
States.
"(16) United states person. - The term 'United States person'
means -
"(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
"(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly, more
than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity."
[Pub. L. 109-293, title II, Sec. 202(c), Sept. 30, 2006, 120
Stat. 1346, provided that: "The amendments made by this section
[amending section 5 of Pub. L. 104-172, set out above] shall apply
with respect to actions taken on or after June 6, 2006."]
[Pub. L. 109-293, title II, Sec. 205(g)(2), Sept. 30, 2006, 120
Stat. 1347, provided that: "Any reference in any other provision of
law, regulation, document, or other record of the United States to
the 'Iran and Libya Sanctions Act of 1996' shall be deemed to be a
reference to the 'Iran Sanctions Act of 1996' [Pub. L. 104-172, set
out above]."]
[Pub. L. 107-24, Sec. 2(b), Aug. 3, 2001, 115 Stat. 199, provided
that: "The amendments made by subsection (a) [amending section 5 of
Pub. L. 104-172, set out above] shall apply to investments made on
or after June 13, 2001."]
[Memorandum of President of the United States, Nov. 21, 1996, 61
F.R. 64249, delegated to the Secretary of State, in consultation
with the Departments of the Treasury and Commerce and the United
States Trade Representative, and with the Export-Import Bank and
Federal Reserve Board and other interested agencies as appropriate
functions vested in the President by sections 4(c), 5(a), (b), (c),
(f), 6(1), (2), and 9(c) of Pub. L. 104-172, set out above,
delegated to the Secretary of State functions vested in the
President by sections 4(a), (b), (d), (e), 5(d), (e), 9(a), (b),
and 10 of Pub. L. 104-172, provided that any reference to
provisions of any Act related to the subject of the memorandum be
deemed to include references to any subsequent provision of law
that is the same or substantially the same as such provisions, and
provided that only the functions vested in the President by
sections 4(a), (b), (d), (e), 5(d), (e), and 10 of Pub. L. 104-172
and delegated by the memorandum could be redelegated.]
EXECUTIVE ORDER
DETERMINATION AND CERTIFICATION UNDER SECTION 8(B) OF THE IRAN AND
LIBYA SANCTIONS ACT
Determination of President of the United States, No. 2004-30,
Apr. 23, 2004, 69 F.R. 24907, provided:
Memorandum for the Secretary of State
Pursuant to section 8(b) of the Iran and Libya Sanctions Act of
1996 [now Iran Sanctions Act of 1996] (Public Law 104-172; 50
U.S.C. 1701 note), as amended (Public Law 107-24), I hereby
determine and certify that Libya has fulfilled the requirements of
United Nations Security Council Resolution 731, adopted January 21,
1992, United Nations Security Council Resolution 748, adopted March
31, 1992, and United Nations Security Council Resolution 883,
adopted November 11, 1993.
You are authorized and directed to transmit this determination
and certification to the appropriate congressional committees and
to arrange for its publication in the Federal Register.
George W. Bush.
SANCTIONS AGAINST SERBIA AND MONTENEGRO
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 599],
Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that:
"(a) Continuation of Executive Branch Sanctions. - The sanctions
listed in subsection (b) shall remain in effect for fiscal year
2000, unless the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations [now
Foreign Affairs] of the House of Representatives a certification
described in subsection (c).
"(b) Applicable Sanctions. -
"(1) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical
assistance or grants of any kind to the government of Serbia.
"(2) The Secretary of State should instruct the United States
Ambassador to the Organization for Security and Cooperation in
Europe (OSCE) to block any consensus to allow the participation
of Serbia in the OSCE or any organization affiliated with the
OSCE.
"(3) The Secretary of State should instruct the United States
Representative to the United Nations to vote against any
resolution in the United Nations Security Council to admit Serbia
to the United Nations or any organization affiliated with the
United Nations, to veto any resolution to allow Serbia to assume
the United Nations' membership of the former Socialist Federal
Republic of Yugoslavia, and to take action to prevent Serbia from
assuming the seat formerly occupied by the Socialist Federal
Republic of Yugoslavia.
"(4) The Secretary of State should instruct the United States
Permanent Representative on the Council of the North Atlantic
Treaty Organization to oppose the extension of the Partnership
for Peace program or any other organization affiliated with NATO
to Serbia.
"(5) The Secretary of State should instruct the United States
Representatives to the Southeast European Cooperative Initiative
(SECI) to oppose and to work to prevent the extension of SECI
membership to Serbia.
"(c) Certification. - A certification described in this
subsection is a certification that -
"(1) the representatives of the successor states to the
Socialist Federal Republic of Yugoslavia have successfully
negotiated the division of assets and liabilities and all other
succession issues following the dissolution of the Socialist
Federal Republic of Yugoslavia;
"(2) the Government of Serbia is fully complying with its
obligations as a signatory to the General Framework Agreement for
Peace in Bosnia and Herzegovina;
"(3) the Government of Serbia is fully cooperating with and
providing unrestricted access to the International Criminal
Tribunal for the former Yugoslavia, including surrendering
persons indicted for war crimes who are within the jurisdiction
of the territory of Serbia, and with the investigations
concerning the commission of war crimes and crimes against
humanity in Kosova;
"(4) the Government of Serbia is implementing internal
democratic reforms; and
"(5) Serbian federal governmental officials, and
representatives of the ethnic Albanian community in Kosova have
agreed on, signed, and begun implementation of a negotiated
settlement on the future status of Kosova.
"(d) Statement of Policy. - It is the sense of the Congress that
the United States should not restore full diplomatic relations with
Serbia until the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations [now
Foreign Affairs] in the House of Representatives the certification
described in subsection (c).
"(e) Exemption of Montenegro and Kosova. - The sanctions
described in subsection (b) shall not apply to Montenegro or
Kosova.
"(f) Definition. - The term 'international financial institution'
includes the International Monetary Fund, the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Multilateral Investment Guaranty Agency, and the European Bank for
Reconstruction and Development.
"(g) Waiver Authority. - The President may waive the application
in whole or in part, of any sanction described in subsection (b) if
the President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs."
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 539], Oct.
21, 1998, 112 Stat. 2681-150, 2681-182, provided that:
"(a) Restrictions. - None of the funds in this or any other Act
may be made available to modify or remove any sanction, prohibition
or requirement with respect to Serbia-Montenegro unless the
President first submits to the Congress a certification described
in subsection (c).
"(b) International Financial Institutions. - The Secretary of the
Treasury shall instruct the United States executive directors of
the international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to the
government of Serbia-Montenegro, unless the President first submits
to the Congress a certification described in subsection (c).
"(c) Certification. - A certification described in this
subsection is a certification that -
"(1) there is substantial improvement in the human rights
situation in Kosova;
"(2) international human rights observers are allowed to return
to Kosova;
"(3) Serbian, Serbian-Montenegrin federal government officials,
and representatives of the ethnic Albanian community in Kosova
have agreed on and begun implementation of a negotiated
settlement on the future status of Kosova; and
"(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
"(d) Waiver Authority. - The President may waive the application,
in whole or in part, of subsections (a) and (b) if he certifies in
writing to the Congress that the waiver is necessary to meet
emergency humanitarian needs or to advance negotiations toward a
peaceful settlement of the conflict in Kosova that is acceptable to
the parties.
"(e) Exemption for Montenegro. - This section shall not apply to
Montenegro."
[For delegation of functions of President under section 101(d)
[title V, Sec. 539] of div. A of Pub. L. 105-277, set out above,
see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,
set out as a note under section 2381 of Title 22, Foreign Relations
and Intercourse.]
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
540], Sept. 30, 1996, 110 Stat. 3009-121, 3009-155.
Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110
Stat. 737.
Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107
Stat. 1839, provided that:
"(a) Codification of Executive Branch Sanctions. - The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act [Nov. 30, 1993], that were imposed by or
pursuant to the following directives of the executive branch shall
(except as provided under subsections (d) and (e)) remain in effect
until changed by law:
"(1) Executive Order 12808 of May 30, 1992 [listed in a table
below], as continued in effect on May 25, 1993.
"(2) Executive Order 12810 of June 5, 1992 [listed in a table
below].
"(3) Executive Order 12831 of January 15, 1993 [listed in a
table below].
"(4) Executive Order 12846 of April 25, 1993 [listed in a table
below].
"(5) Department of State Public Notice 1427, effective July 11,
1991.
"(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
"(7) Department of Transportation Order 92-5-38 of May 20,
1992.
"(8) Federal Aviation Administration action of June 19, 1992
(14 C.F.R. Part 91).
"(b) Prohibition on Assistance. - No funds appropriated or
otherwise made available by law may be obligated or expended on
behalf of the government of Serbia or the government of Montenegro.
"(c) International Financial Institutions. - The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance from that institution
to the government of Serbia or the government of Montenegro, except
for basic human needs.
"(d) Exception. - Notwithstanding any other provision of law, the
President is authorized and encouraged to exempt from sanctions
imposed against Serbia and Montenegro that are described in
subsection (a) those United States-supported programs, projects, or
activities that involve reform of the electoral process, the
development of democratic institutions or democratic political
parties, or humanitarian assistance (including refugee care and
human rights observation).
"(e) Waiver Authority. - (1) The President may waive or modify
the application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the
requirement in subsection (c).
"(2) Such a waiver or modification may only be effective upon
certification by the President to Congress that the President has
determined that the waiver or modification is necessary (A) to meet
emergency humanitarian needs, or (B) to achieve a negotiated
settlement of the conflict in Bosnia-Herzegovina that is acceptable
to the parties."
PRESIDENTIAL CERTIFICATIONS TO SUSPEND SANCTIONS IMPOSED ON THE GOVERNMENT OF SERBIA AND THE GOVERNMENT OF MONTENEGRO
Provisions suspending sanctions imposed on the governments of
Serbia and Montenegro pursuant to section 1511 of Pub. L. 103-160,
set out above, were contained in the following:
Determination of President of the United States, No. 01-7, Dec.
19, 2000, 66 F.R. 1013.
Determination of President of the United States, No. 99-14, Feb.
16, 1999, 64 F.R. 9263.
Determination of President of the United States, No. 97-26, May
30, 1997, 62 F.R. 32015.
Determination of the President of the United States, No. 96-7,
Dec. 27, 1995, 61 F.R. 2887.
IRAN-IRAQ ARMS NON-PROLIFERATION
Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat.
2571, as amended by Pub. L. 104-106, div. A, title XIV, Sec.
1408(a)-(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107-228, div. B,
title XIII, Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441,
provided that:
"SEC. 1601. SHORT TITLE.
"This title may be cited as the 'Iran-Iraq Arms Non-Proliferation
Act of 1992'.
"SEC. 1602. UNITED STATES POLICY.
"(a) In General. - It shall be the policy of the United States to
oppose, and urgently to seek the agreement of other nations also to
oppose, any transfer to Iran or Iraq of any goods or technology,
including dual-use goods or technology, wherever that transfer
could materially contribute to either country's acquiring chemical,
biological, nuclear, or destabilizing numbers and types of advanced
conventional weapons.
"(b) Sanctions. - (1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to Iran,
Iraq, and those nations and persons who assist them in acquiring
weapons of mass destruction in accordance with the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear Non-
Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the Chemical
and Biological Weapons Control and Warfare Elimination Act of 1991
[22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act
[22 U.S.C. 2797 et seq.], and other relevant statutes, regarding
the non-proliferation of weapons of mass destruction and the means
of their delivery.
"(2) The President should also urgently seek the agreement of
other nations to adopt and institute, at the earliest practicable
date, sanctions and controls comparable to those the United States
is obligated to apply under this subsection.
"(c) Public Identification. - The Congress calls on the President
to identify publicly (in the report required by section 1607) any
country or person that transfers goods or technology to Iran or
Iraq contrary to the policy set forth in subsection (a).
"SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
"The sanctions against Iraq specified in paragraphs (1) through
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as
contained in Public Law 101-513) [set out below], including denial
of export licenses for United States persons and prohibitions on
United States Government sales, shall be applied to the same extent
and in the same manner with respect to Iran.
"SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
"(a) Prohibition. - If any person transfers or retransfers goods
or technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then the sanctions described in subsection
(b) shall be imposed.
"(b) Mandatory Sanctions. - The sanctions to be imposed pursuant
to subsection (a) are as follows:
"(1) Procurement sanction. - For a period of two years, the
United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
"(2) Export sanction. - For a period of two years, the United
States Government shall not issue any license for any export by
or to the sanctioned person.
"SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
"(a) Prohibition. - If the President determines that the
government of any foreign country transfers or retransfers goods or
technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then -
"(1) the sanctions described in subsection (b) shall be imposed
on such country; and
"(2) in addition, the President may apply, in the discretion of
the President, the sanction described in subsection (c).
"(b) Mandatory Sanctions. - Except as provided in paragraph (2),
the sanctions to be imposed pursuant to subsection (a)(1) are as
follows:
"(1) Suspension of united states assistance. - The United
States Government shall suspend, for a period of one year, United
States assistance to the sanctioned country.
"(2) Multilateral development bank assistance. - The Secretary
of the Treasury shall instruct the United States Executive
Director to each appropriate international financial institution
to oppose, and vote against, for a period of one year, the
extension by such institution of any loan or financial or
technical assistance to the sanctioned country.
"(3) Suspension of codevelopment or coproduction agreements. -
The United States shall suspend, for a period of one year,
compliance with its obligations under any memorandum of
understanding with the sanctioned country for the codevelopment
or coproduction of any item on the United States Munitions List
(established under section 38 of the Arms Export Control Act [22
U.S.C. 2778]), including any obligation for implementation of the
memorandum of understanding through the sale to the sanctioned
country of technical data or assistance or the licensing for
export to the sanctioned country of any component part.
"(4) Suspension of military and dual-use technical exchange
agreements. - The United States shall suspend, for a period of
one year, compliance with its obligations under any technical
exchange agreement involving military and dual-use technology
between the United States and the sanctioned country that does
not directly contribute to the security of the United States, and
no military or dual-use technology may be exported from the
United States to the sanctioned country pursuant to that
agreement during that period.
"(5) United states munitions list. - No item on the United
States Munitions List (established pursuant to section 38 of the
Arms Export Control Act) may be exported to the sanctioned
country for a period of one year.
"(c) Discretionary Sanction. - The sanction referred to in
subsection (a)(2) is as follows:
"(1) Use of authorities of international emergency economic
powers act. - Except as provided in paragraph (2), the President
may exercise, in accordance with the provisions of that Act [50
U.S.C. 1701 et seq.], the authorities of the International
Emergency Economic Powers Act with respect to the sanctioned
country.
"(2) Exception. - Paragraph (1) does not apply with respect to
urgent humanitarian assistance.
"SEC. 1606. WAIVER.
"The President may waive the requirement to impose a sanction
described in section 1603, in the case of Iran, or a sanction
described in section 1604(b) or 1605(b), in the case of Iraq and
Iran, 15 days after the President determines and so reports to the
Committees on Armed Services and Foreign Relations of the Senate
and the Committees on Armed Services and Foreign Affairs of the
House of Representatives that it is essential to the national
interest of the United States to exercise such waiver authority.
Any such report shall provide a specific and detailed rationale for
such determination.
"SEC. 1607. REPORTING REQUIREMENT.
"[(a) Repealed. Pub. L. 107-228, div. B, title XIII, Sec.
1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]
"(b) Report on Individual Transfers. - Whenever the President
determines that a person or foreign government has made a transfer
which is subject to any sanction under this title, the President
shall, within 30 days after such transfer, submit to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs of the House of
Representatives a report -
"(1) identifying the person or government and providing the
details of the transfer; and
"(2) describing the actions the President intends to undertake
or has undertaken under the provisions of this title with respect
to each such transfer.
"(c) Form of Transmittal. - Reports required by this section may
be submitted in classified as well as in unclassified form.
"SEC. 1608. DEFINITIONS.
"For purposes of this title:
"(1) The term 'advanced conventional weapons' includes -
"(A) such long-range precision-guided munitions, fuel air
explosives, cruise missiles, low observability aircraft, other
radar evading aircraft, advanced military aircraft, military
satellites, electromagnetic weapons, and laser weapons as the
President determines destabilize the military balance or
enhance offensive capabilities in destabilizing ways;
"(B) such advanced command, control, and communications
systems, electronic warfare systems, or intelligence collection
systems as the President determines destabilize the military
balance or enhance offensive capabilities in destabilizing
ways; and
"(C) such other items or systems as the President may, by
regulation, determine necessary for purposes of this title.
"(2) The term 'cruise missile' means guided missiles that use
aerodynamic lift to offset gravity and propulsion to counteract
drag.
"(3) The term 'goods or technology' means -
"(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment; and
"(B) any information and know-how (whether in tangible form,
such as models, prototypes, drawings, sketches, diagrams,
blueprints, or manuals, or in intangible form, such as training
or technical services) that can be used to design, produce,
manufacture, utilize, or reconstruct goods, including computer
software and technical data.
"(4) The term 'person' means any United States or foreign
individual, partnership, corporation, or other form of
association, or any of their successor entities, parents, or
subsidiaries.
"(5) The term 'sanctioned country' means a country against
which sanctions are required to be imposed pursuant to section
1605.
"(6) The term 'sanctioned person' means a person that makes a
transfer described in section 1604(a).
"(7) The term 'United States assistance' means -
"(A) any assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), other than urgent humanitarian
assistance or medicine;
"(B) sales and assistance under the Arms Export Control Act
[22 U.S.C. 2751 et seq.];
"(C) financing by the Commodity Credit Corporation for export
sales of agricultural commodities; and
"(D) financing under the Export-Import Bank Act [of 1945] [22
U.S.C. 635 et seq.]."
[Memorandum of President of the United States, Sept. 27, 1994, 59
F.R. 50685, delegated to Secretary of State, in consultation with
heads of other departments and agencies, all functions vested in
President under title XVI of Pub. L. 102-484, set out above,
without limitation of authority of other officials to exercise
powers heretofore or hereafter delegated to them to implement
sanctions imposed or actions directed by the Secretary pursuant to
this delegation of authority.]
PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ
Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which
authorized President to vest title in a portion of property in
which transactions were blocked pursuant to Executive Order 12722,
listed in a table below, in order to satisfy obligations owed to
United States Government and United States nationals for which Iraq
had suspended repayment, was repealed by Pub. L. 102-27, title IV,
Sec. 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L.
102-136, Sec. 126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5,
1990.
IRAQ SANCTIONS
Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104 Stat.
2047-2054, provided that:
"SEC. 586. SHORT TITLE.
"Sections 586 through 586J of this Act may be cited as the 'Iraq
Sanctions Act of 1990'.
"SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
"The Congress -
"(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
"(2) supports the actions that have been taken by the President
in response to that invasion;
"(3) calls for the immediate and unconditional withdrawal of
Iraqi forces from Kuwait;
"(4) supports the efforts of the United Nations Security
Council to end this violation of international law and threat to
international peace;
"(5) supports the imposition and enforcement of multilateral
sanctions against Iraq;
"(6) calls on United States allies and other countries to
support fully the efforts of the United Nations Security Council,
and to take other appropriate actions, to bring about an end to
Iraq's occupation of Kuwait; and
"(7) condemns the brutal occupation of Kuwait by Iraq and its
gross violations of internationally recognized human rights in
Kuwait, including widespread arrests, torture, summary
executions, and mass extrajudicial killings.
"SEC. 586B. CONSULTATIONS WITH CONGRESS.
"The President shall keep the Congress fully informed, and shall
consult with the Congress, with respect to current and anticipated
events regarding the international crisis caused by Iraq's invasion
of Kuwait, including with respect to United States actions.
"SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
"(a) Continuation of Embargo. - Except as otherwise provided in
this section, the President shall continue to impose the trade
embargo and other economic sanctions with respect to Iraq and
Kuwait that the United States is imposing, in response to Iraq's
invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and
12725 [listed in a table below] (August 9, 1990) and, to the extent
they are still in effect, Executive Orders Numbered 12722 and 12723
[listed in a table below] (August 2, 1990). Notwithstanding any
other provision of law, no funds, credits, guarantees, or insurance
appropriated or otherwise made available by this or any other Act
for fiscal year 1991 or any fiscal year thereafter shall be used to
support or administer any financial or commercial operation of any
United States Government department, agency, or other entity, or of
any person subject to the jurisdiction of the United States, for
the benefit of the Government of Iraq, its agencies or
instrumentalities, or any person working on behalf of the
Government of Iraq, contrary to the trade embargo and other
economic sanctions imposed in accordance with this section.
"(b) Humanitarian Assistance. - To the extent that transactions
involving foodstuffs or payments for foodstuffs are exempted 'in
humanitarian circumstances' from the prohibitions established by
the United States pursuant to United Nations Security Council
Resolution 661 (1990), those exemptions shall be limited to
foodstuffs that are to be provided consistent with United Nations
Security Council Resolution 666 (1990) and other relevant Security
Council resolutions.
"(c) Notice to Congress of Exceptions to and Termination of
Sanctions. -
"(1) Notice of regulations. - Any regulations issued after the
date of enactment of this Act [Nov. 5, 1990] with respect to the
economic sanctions imposed with respect to Iraq and Kuwait by the
United States under Executive Orders Numbered 12722 and 12723
(August 2, 1990) and Executive Orders Numbered 12724 and 12725
(August 9, 1990) shall be submitted to the Congress before those
regulations take effect.
"(2) Notice of termination of sanctions. - The President shall
notify the Congress at least 15 days before the termination, in
whole or in part, of any sanction imposed with respect to Iraq or
Kuwait pursuant to those Executive orders.
"(d) Relation to Other Laws. -
"(1) Sanctions legislation. - The sanctions that are described
in subsection (a) are in addition to, and not in lieu of the
sanctions provided for in section 586G of this Act or any other
provision of law.
"(2) National emergencies and united nations legislation. -
Nothing in this section supersedes any provision of the National
Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the
President under the International Emergency Economic Powers Act
[50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations
Participation Act of 1945 [22 U.S.C. 287c(a)].
"SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ.
"(a) Denial of Assistance. - None of the funds appropriated or
otherwise made available pursuant to this Act [see Tables for
classification] to carry out the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22
U.S.C. 2191 et seq.], relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et
seq.] may be used to provide assistance to any country that is not
in compliance with the United Nations Security Council sanctions
against Iraq unless the President determines and so certifies to
the Congress that -
"(1) such assistance is in the national interest of the United
States;
"(2) such assistance will directly benefit the needy people in
that country; or
"(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
"(b) Import Sanctions. - If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not prohibited -
"(1) the importation of products of Iraq into its customs
territory, and
"(2) the export of its products to Iraq.
"SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
"Notwithstanding section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United
Nations Participation Act of 1945 (22 U.S.C. 287c(b)) -
"(1) a civil penalty of not to exceed $250,000 may be imposed
on any person who, after the date of enactment of this Act [Nov.
5, 1990], violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 [listed in
a table below] or any license, order, or regulation issued under
any such Executive order; and
"(2) whoever, after the date of enactment of this Act,
willfully violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 or any
license, order, or regulation issued under any such Executive
order -
"(A) shall, upon conviction, be fined not more than
$1,000,000, if a person other than a natural person; or
"(B) if a natural person, shall, upon conviction, be fined
not more than $1,000,000, be imprisoned for not more than 12
years, or both.
Any officer, director, or agent of any corporation who knowingly
participates in a violation, evasion, or attempt described in
paragraph (2) may be punished by imposition of the fine or
imprisonment (or both) specified in subparagraph (B) of that
paragraph.
"SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING
VIOLATIONS OF INTERNATIONAL LAW.
"(a) Iraq's Violations of International Law. - The Congress
determines that -
"(1) the Government of Iraq has demonstrated repeated and
blatant disregard for its obligations under international law by
violating the Charter of the United Nations, the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare (done at Geneva,
June 17, 1925), as well as other international treaties;
"(2) the Government of Iraq is a party to the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights and is
obligated under the Covenants, as well as the Universal
Declaration of Human Rights, to respect internationally
recognized human rights;
"(3) the State Department's Country Reports on Human Rights
Practices for 1989 again characterizes Iraq's human rights record
as 'abysmal';
"(4) Amnesty International, Middle East Watch, and other
independent human rights organizations have documented extensive,
systematic, and continuing human rights abuses by the Government
of Iraq, including summary executions, mass political killings,
disappearances, widespread use of torture, arbitrary arrests and
prolonged detention without trial of thousands of political
opponents, forced relocation and deportation, denial of nearly
all civil and political rights such as freedom of association,
assembly, speech, and the press, and the imprisonment, torture,
and execution of children;
"(5) since 1987, the Government of Iraq has intensified its
severe repression of the Kurdish minority of Iraq, deliberately
destroyed more than 3,000 villages and towns in the Kurdish
regions, and forcibly expelled more than 500,000 people, thus
effectively depopulating the rural areas of Iraqi Kurdistan;
"(6) Iraq has blatantly violated international law by
initiating use of chemical weapons in the Iran-Iraq war;
"(7) Iraq has also violated international law by using chemical
weapons against its own Kurdish citizens, resulting in tens of
thousands of deaths and more than 65,000 refugees;
"(8) Iraq continues to expand its chemical weapons capability,
and President Saddam Hussein has threatened to use chemical
weapons against other nations;
"(9) persuasive evidence exists that Iraq is developing
biological weapons in violation of international law;
"(10) there are strong indications that Iraq has taken steps to
produce nuclear weapons and has attempted to smuggle from the
United States, in violation of United States law, components for
triggering devices used in nuclear warheads whose manufacture
would contravene the Treaty on the Non-Proliferation of Nuclear
Weapons, to which Iraq is a party; and
"(11) Iraqi President Saddam Hussein has threatened to use
terrorism against other nations in violation of international law
and has increased Iraq's support for the Palestine Liberation
Organization and other Palestinian groups that have conducted
terrorist acts.
"(b) Human Rights Violations. - The Congress determines that the
Government of Iraq is engaged in a consistent pattern of gross
violations of internationally recognized human rights. All
provisions of law that impose sanctions against a country whose
government is engaged in a consistent pattern of gross violations
of internationally recognized human rights shall be fully enforced
against Iraq.
"(c) Support for International Terrorism. - (1) The Congress
determines that Iraq is a country which has repeatedly provided
support for acts of international terrorism, a country which grants
sanctuary from prosecution to individuals or groups which have
committed an act of international terrorism, and a country which
otherwise supports international terrorism. The provisions of law
specified in paragraph (2) and all other provisions of law that
impose sanctions against a country which has repeatedly provided
support for acts of international terrorism, which grants sanctuary
from prosecution to an individual or group which has committed an
act of international terrorism, or which otherwise supports
international terrorism shall be fully enforced against Iraq.
"(2) The provisions of law referred to in paragraph (1) are -
"(A) section 40 of the Arms Export Control Act [22 U.S.C.
2780];
"(B) section 620A of the Foreign Assistance Act of 1961 [22
U.S.C. 2371];
"(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022]
(and the corresponding sections of predecessor foreign operations
appropriations Acts); and
"(D) section 555 of the International Security and Development
Cooperation Act of 1985 [99 Stat. 227].
"(d) Multilateral Cooperation. - The Congress calls on the
President to seek multilateral cooperation -
"(1) to deny dangerous technologies to Iraq;
"(2) to induce Iraq to respect internationally recognized human
rights; and
"(3) to induce Iraq to allow appropriate international
humanitarian and human rights organizations to have access to
Iraq and Kuwait, including the areas in northern Iraq
traditionally inhabited by Kurds.
"SEC. 586G. SANCTIONS AGAINST IRAQ.
"(a) Imposition. - Except as provided in section 586H, the
following sanctions shall apply with respect to Iraq:
"(1) FMS sales. - The United States Government shall not enter
into any sale with Iraq under the Arms Export Control Act [22
U.S.C. 2751 et seq.].
"(2) Commercial arms sales. - Licenses shall not be issued for
the export to Iraq of any item on the United States Munitions
List.
"(3) Exports of certain goods and technology. - The authorities
of section 6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2405) shall be used to prohibit the export to Iraq of any
goods or technology listed pursuant to that section or section
5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) on the control
list provided for in section 4(b) of that Act (50 U.S.C. App.
2403(b)).
"(4) Nuclear equipment, materials, and technology. -
"(A) NRC licenses. - The Nuclear Regulatory Commission shall
not issue any license or other authorization under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 and following) for the
export to Iraq of any source or special nuclear material, any
production or utilization facility, any sensitive nuclear
technology, any component, item, or substance determined to
have significance for nuclear explosive purposes pursuant to
section 109b. of the Atomic Energy Act of 1954 (42 U.S.C.
2139(b)), or any other material or technology requiring such a
license or authorization.
"(B) Distribution of nuclear materials. - The authority of
the Atomic Energy Act of 1954 shall not be used to distribute
any special nuclear material, source material, or byproduct
material to Iraq.
"(C) DOE authorizations. - The Secretary of Energy shall not
provide a specific authorization under section 57b.(2) of the
Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any
activity that would constitute directly or indirectly engaging
in Iraq in activities that require a specific authorization
under that section.
"(5) Assistance from international financial institutions. -
The United States shall oppose any loan or financial or technical
assistance to Iraq by international financial institutions in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d).
"(6) Assistance through the export-import bank. - Credits and
credit guarantees through the Export-Import Bank of the United
States shall be denied to Iraq.
"(7) Assistance through the commodity credit corporation. -
Credit, credit guarantees, and other assistance through the
Commodity Credit Corporation shall be denied to Iraq.
"(8) Foreign assistance. - All forms of assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following)
other than emergency assistance for medical supplies and other
forms of emergency humanitarian assistance, and under the Arms
Export Control Act (22 U.S.C. 2751 and following) shall be denied
to Iraq.
"(b) Contract Sanctity. - For purposes of the export controls
imposed pursuant to subsection (a)(3), the date described in
subsection (m)(1) of section 6 of the Export Administration Act of
1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 1990.
"SEC. 586H. WAIVER AUTHORITY.
"(a) In General. - The President may waive the requirements of
any paragraph of section 586G(a) if the President makes a
certification under subsection (b) or subsection (c).
"(b) Certification of Fundamental Changes in Iraqi Policies and
Actions. - The authority of subsection (a) may be exercised 60 days
after the President certifies to the Congress that -
"(1) the Government of Iraq -
"(A) has demonstrated, through a pattern of conduct,
substantial improvement in its respect for internationally
recognized human rights;
"(B) is not acquiring, developing, or manufacturing (i)
ballistic missiles, (ii) chemical, biological, or nuclear
weapons, or (iii) components for such weapons; has forsworn the
first use of such weapons; and is taking substantial and
verifiable steps to destroy or otherwise dispose of any such
missiles and weapons it possesses; and
"(C) does not provide support for international terrorism;
"(2) the Government of Iraq is in substantial compliance with
its obligations under international law, including -
"(A) the Charter of the United Nations;
"(B) the International Covenant on Civil and Political Rights
(done at New York, December 16, 1966) and the International
Covenant on Economic, Social, and Cultural Rights (done at New
York, December 16, 1966);
"(C) the Convention on the Prevention and Punishment of the
Crime of Genocide (done at Paris, December 9, 1948);
"(D) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare (done at Geneva, June 17, 1925);
"(E) the Treaty on the Non-Proliferation of Nuclear Weapons
(done at Washington, London, and Moscow, July 1, 1968); and
"(F) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (done at Washington,
London, and Moscow, April 10, 1972); and
"(3) the President has determined that it is essential to the
national interests of the United States to exercise the authority
of subsection (a).
"(c) Certification of Fundamental Changes in Iraqi Leadership and
Policies. - The authority of subsection (a) may be exercised 30
days after the President certifies to the Congress that -
"(1) there has been a fundamental change in the leadership of
the Government of Iraq; and
"(2) the new Government of Iraq has provided reliable and
credible assurance that -
"(A) it respects internationally recognized human rights and
it will demonstrate such respect through its conduct;
"(B) it is not acquiring, developing, or manufacturing and it
will not acquire, develop, or manufacture (i) ballistic
missiles, (ii) chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn the first use
of such weapons; and is taking substantial and verifiable steps
to destroy or otherwise dispose of any such missiles and
weapons it possesses;
"(C) it is not and will not provide support for international
terrorism; and
"(D) it is and will continue to be in substantial compliance
with its obligations under international law, including all the
treaties specified in subparagraphs (A) through (F) of
subsection (b)(2).
"(d) Information To Be Included in Certifications. - Any
certification under subsection (b) or (c) shall include the
justification for each determination required by that subsection.
The certification shall also specify which paragraphs of section
586G(a) the President will waive pursuant to that certification.
"SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR
WEAPONS CAPABILITY.
"(a) Restriction on Export Licenses. - None of the funds
appropriated by this or any other Act may be used to approve the
licensing for export of any supercomputer to any country whose
government the President determines is assisting, or whose
government officials the President determines are assisting, Iraq
to improve its rocket technology or chemical, biological, or
nuclear weapons capability.
"(b) Negotiations. - The President is directed to begin immediate
negotiations with those governments with which the United States
has bilateral supercomputer agreements, including the Government of
the United Kingdom and the Government of Japan, on conditions
restricting the transfer to Iraq of supercomputer or associated
technology.
"SEC. 586J. REPORTS TO CONGRESS.
"(a) Study and Report on the International Export to Iraq of
Nuclear, Biological, Chemical, and Ballistic Missile Technology. -
(1) The President shall conduct a study on the sale, export, and
third party transfer or development of nuclear, biological,
chemical, and ballistic missile technology to or with Iraq
including -
"(A) an identification of specific countries, as well as
companies and individuals, both foreign and domestic, engaged in
such sale or export of, nuclear, biological, chemical, and
ballistic missile technology;
"(B) a detailed description and analysis of the international
supply, information, support, and coproduction network,
individual, corporate, and state, responsible for Iraq's current
capability in the area of nuclear, biological, chemical, and
ballistic missile technology; and
"(C) a recommendation of standards and procedures against which
to measure and verify a decision of the Government of Iraq to
terminate the development, production, coproduction, and
deployment of nuclear, biological, chemical, and offensive
ballistic missile technology as well as the destruction of all
existing facilities associated with such technologies.
"(2) The President shall include in the study required by
paragraph (1) specific recommendations on new mechanisms, to
include, but not be limited to, legal, political, economic and
regulatory, whereby the United States might contribute, in
conjunction with its friends, allies, and the international
community, to the management, control, or elimination of the threat
of nuclear, biological, chemical, and ballistic missile
proliferation.
"(3) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs of the House of Representatives, a
report, in both classified and unclassified form, setting forth the
findings of the study required by paragraph (1) of this subsection.
"(b) Study and Report on Iraq's Offensive Military Capability. -
(1) The President shall conduct a study on Iraq's offensive
military capability and its effect on the Middle East balance of
power including an assessment of Iraq's power projection
capability, the prospects for another sustained conflict with Iran,
joint Iraqi-Jordanian military cooperation, the threat Iraq's arms
transfer activities pose to United States allies in the Middle
East, and the extension of Iraq's political-military influence into
Africa and Latin America.
"(2) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs of the House of Representatives, a
report, in both classified and unclassified form, setting forth the
findings of the study required by paragraph (1).
"(c) Report on Sanctions Taken by Other Nations Against Iraq. -
(1) The President shall prepare a report on the steps taken by
other nations, both before and after the August 2, 1990, invasion
of Kuwait, to curtail the export of goods, services, and
technologies to Iraq which might contribute to, or enhance, Iraq's
nuclear, biological, chemical, and ballistic missile capability.
"(2) The President shall provide a complete accounting of
international compliance with each of the sanctions resolutions
adopted by the United Nations Security Council against Iraq since
August 2, 1990, and shall list, by name, each country which to his
knowledge, has provided any assistance to Iraq and the amount and
type of that assistance in violation of each United Nations
resolution.
"(3) The President shall make every effort to encourage other
nations, in whatever forum or context, to adopt sanctions toward
Iraq similar to those contained in this section.
"(4) Not later than every 6 months after the date of enactment of
this Act [Nov. 5, 1990], the President shall submit to the
Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee
on Foreign Affairs of the House of Representatives, a report in
both classified and unclassified form, setting forth the findings
of the study required by paragraph (1) of this subsection."
[Provisions similar to section 586D of Pub. L. 101-513, set out
above, relating to compliance with sanctions against Iraq were
contained in the following appropriations acts:
[Pub. L. 108-7, div. E, title V, Sec. 531, Feb. 20, 2003, 117
Stat. 192.
[Pub. L. 107-115, title V, Sec. 531, Jan. 10, 2002, 115 Stat.
2150.
[Pub. L. 106-429, Sec. 101(a) [title V, Sec. 534], Nov. 6, 2000,
114 Stat. 1900, 1900A-34.
[Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 534],
Nov. 29, 1999, 113 Stat. 1535, 1501A-93.
[Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 535], Oct.
21, 1998, 112 Stat. 2681-150, 2681-181.
[Pub. L. 105-118, title V, Sec. 534, Nov. 26, 1997, 111 Stat.
2416.
[Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
533], Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.
[Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat.
734.
[Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat.
1639.
[Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat.
957.
[Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat.
1683.]
Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104
Stat. 1697, provided that: "If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not -
"(1) prohibited -
"(A) the importation of products of Iraq into its customs
territory, and
"(B) the export of its products to Iraq; or
"(2) given assurances satisfactory to the President that such
import and export sanctions will be promptly implemented."
EXECUTIVE ORDER
SUSPENDING THE IRAQ SANCTIONS ACT, MAKING INAPPLICABLE CERTAIN
STATUTORY PROVISIONS RELATED TO IRAQ, AND DELEGATING AUTHORITIES,
UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT, 2003
Determination of President of the United States, No. 2003-23, May
7, 2003, 68 F.R. 26459, provided:
Memorandum for the Secretary of State [and] the Secretary of
Commerce
By virtue of the authority vested in me by the Constitution and
the laws of the United States, including sections 1503 and 1504 of
the Emergency Wartime Supplemental Act, 2003 [Emergency Wartime
Supplemental Appropriations Act, 2003], Public Law 108-11 (the
"Act") [117 Stat. 579], and section 301 of title 3, United States
Code, I hereby:
(1) suspend the application of all of the provisions, other than
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513
[set out above], and
(2) make inapplicable with respect to Iraq section 620A of the
Foreign Assistance Act of 1961, Public Law 87-195, as amended [22
U.S.C. 2371] (the "FAA"), and any other provision of law that
applies to countries that have supported terrorism.
In addition, I delegate the functions and authorities conferred
upon the President by:
(1) section 1503 of the Act to submit reports to the designated
committees of the Congress to the Secretary of Commerce, or until
such time as the principal licensing responsibility for the export
to Iraq of items on the Commerce Control List has reverted to the
Department of Commerce, to the Secretary of the Treasury; and,
(2) section 1504 of the Act to the Secretary of State.
The functions and authorities delegated herein may be further
delegated and redelegated to the extent consistent with applicable
law.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
George W. Bush.
IRAN CLAIMS SETTLEMENT
Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided for
the determination of the validity and amounts of claims by United
States nationals against Iran which were settled en bloc by the
United States.
EXECUTIVE DOCUMENTS
Provisions relating to the exercise of Presidential authorities
to declare national emergencies for unusual and extraordinary
threats with respect to the actions of certain persons and
countries are contained in the following:
AFGHANISTAN (TALIBAN)
Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, revoked by Ex.
Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
Continuations of national emergency declared by Ex. Ord. No.
13129 were contained in the following:
Notice of President of the United States, dated June 30, 2001,
66 F.R. 35363.
Notice of President of the United States, dated June 30, 2000,
65 F.R. 41549.
Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
ANGOLA (UNITA)
Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, revoked by Ex.
Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Continuations of national emergency declared by Ex. Ord. No.
12865 were contained in the following:
Notice of President of the United States, dated Sept. 23, 2002,
67 F.R. 60105.
Notice of President of the United States, dated Sept. 24, 2001,
66 F.R. 49084.
Notice of President of the United States, dated Sept. 22, 2000,
65 F.R. 57721.
Notice of President of the United States, dated Sept. 21, 1999,
64 F.R. 51419.
Notice of President of the United States, dated Sept. 23, 1998,
63 F.R. 51509.
Notice of President of the United States, dated Sept. 24, 1997,
62 F.R. 50477.
Notice of President of the United States, dated Sept. 16, 1996,
61 F.R. 49047.
Notice of President of the United States, dated Sept. 18, 1995,
60 F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994,
59 F.R. 42749.
Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, revoked by Ex.
Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, revoked by Ex.
Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
BELARUS
Ex. Ord. No. 13405, June 16, 2006, 71 F.R. 35485.
Continuation of national emergency declared by Ex. Ord. No.
13405 was contained in the following:
Notice of President of the United States, dated June 14, 2007,
72 F.R. 33381.
BURMA
Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, sections 1 to 7
of which were revoked by Ex. Ord. No. 13310, Sec. 12, July 28,
2003, 68 F.R. 44855, to the extent inconsistent with Ex. Ord. No.
13310.
Continuations of national emergency declared by Ex. Ord. No.
13047 were contained in the following:
Notice of President of the United States, dated May 17, 2007,
72 F.R. 28447.
Notice of President of the United States, dated May 18, 2006,
71 F.R. 29239.
Notice of President of the United States, dated May 17, 2005,
70 F.R. 28771.
Notice of President of the United States, dated May 17, 2004,
69 F.R. 29041.
Notice of President of the United States, dated May 16, 2003,
68 F.R. 27425.
Notice of President of the United States, dated May 16, 2002,
67 F.R. 35423.
Notice of President of the United States, dated May 15, 2001,
66 F.R. 27443.
Notice of President of the United States, dated May 18, 2000,
65 F.R. 32005.
Notice of President of the United States, dated May 18, 1999,
64 F.R. 27443.
Notice of President of the United States, dated May 18, 1998,
63 F.R. 27661.
Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853.
Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60223.
COLOMBIA
Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by
Ex. Ord. No. 13286, Sec. 22, Feb. 28, 2003, 68 F.R. 10624.
Continuations of national emergency declared by Ex. Ord. No.
12978 were contained in the following:
Notice of President of the United States, dated Oct. 18, 2007,
72 F.R. 59473.
Notice of President of the United States, dated Oct. 19, 2006,
71 F.R. 62053.
Notice of President of the United States, dated Oct. 19, 2005,
70 F.R. 61209.
Notice of President of the United States, dated Oct. 19, 2004,
69 F.R. 61733.
Notice of President of the United States, dated Oct. 16, 2003,
68 F.R. 60023.
Notice of President of the United States, dated Oct. 16, 2002,
67 F.R. 64307.
Notice of President of the United States, dated Oct. 16, 2001,
66 F.R. 53073.
Notice of President of the United States, dated Oct. 19, 2000,
65 F.R. 63193.
Notice of President of the United States, dated Oct. 19, 1999,
64 F.R. 56667.
Notice of President of the United States, dated Oct. 19, 1998,
63 F.R. 56079.
Notice of President of the United States, dated Oct. 17, 1997,
62 F.R. 54561.
Notice of President of the United States, dated Oct. 16, 1996,
61 F.R. 54531.
COôTE D'IVOIRE
Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389.
Continuation of national emergency declared by Ex. Ord. No.
13396 was contained in the following:
Notice of President of the United States, dated Feb. 5, 2007,
72 F.R. 5593.
COUNTRIES AND PERSONS COMMITTING OR SUPPORTING TERRORISM
Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by
Ex. Ord. No. 13099, Secs. 1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex.
Ord. No. 13372, Sec. 2, Feb. 16, 2005, 70 F.R. 8499.
Continuations of national emergency declared by Ex. Ord. No.
12947 were contained in the following:
Notice of President of the United States, dated Jan. 18, 2007,
72 F.R. 2595.
Notice of President of the United States, dated Jan. 18, 2006,
71 F.R. 3407.
Notice of President of the United States, dated Jan. 17, 2005,
70 F.R. 3277.
Notice of President of the United States, dated Jan. 16, 2004,
69 F.R. 2991.
Notice of President of the United States, dated Jan. 20, 2003,
68 F.R. 3161.
Notice of President of the United States, dated Jan. 18, 2002,
67 F.R. 3033.
Notice of President of the United States, dated Jan. 19, 2001,
66 F.R. 7371.
Notice of President of the United States, dated Jan. 19, 2000,
65 F.R. 3581.
Notice of President of the United States, dated Jan. 20, 1999,
64 F.R. 3393.
Notice of President of the United States, dated Jan. 21, 1998,
63 F.R. 3445.
Notice of President of the United States, dated Jan. 21, 1997,
62 F.R. 3439.
Notice of President of the United States, dated Jan. 18, 1996,
61 F.R. 1695.
Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by
Ex. Ord. No. 13268, Sec. 1, July 2, 2002, 67 F.R. 44751; Ex. Ord.
No. 13284, Sec. 4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372,
Sec. 1, Feb. 16, 2005, 70 F.R. 8499.
Continuations of national emergency declared by Ex. Ord. No.
13224 were contained in the following:
Notice of President of the United States, dated Sept. 20, 2007,
72 F.R. 54205.
Notice of President of the United States, dated Sept. 21, 2006,
71 F.R. 55725.
Notice of President of the United States, dated Sept. 21, 2005,
70 F.R. 55703.
Notice of President of the United States, dated Sept. 21, 2004,
69 F.R. 56923.
Notice of President of the United States, dated Sept. 18, 2003,
68 F.R. 55189.
Notice of President of the United States, dated Sept. 19, 2002,
67 F.R. 59447.
Ex. Ord. No. 13372, Feb. 16, 2005, 70 F.R. 8499.
COUNTRIES AND PERSONS PROLIFERATING WEAPONS OF MASS DESTRUCTION
Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, revoked by Ex.
Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099.
Continuations of national emergency declared by Ex. Ord. No.
12735 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993,
58 F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992,
57 F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991,
56 F.R. 58171.
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, revoked, with
savings provision, by Ex. Ord. No. 12930, Sec. 3, Sept. 29, 1994,
59 F.R. 50475.
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, revoked by Ex.
Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099.
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by
Ex. Ord. No. 13094, Sec. 1, July 28, 1998, 63 F.R. 40803; Ex. Ord.
No. 13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, Sec.
4, June 28, 2005, 70 F.R. 38568.
Continuations of national emergency declared by Ex. Ord. No.
12938 were contained in the following:
Notice of President of the United States, dated Nov. 8, 2007,
72 F.R. 63963.
Notice of President of the United States, dated Oct. 27, 2006,
71 F.R. 64109.
Notice of President of the United States, dated Oct. 25, 2005,
70 F.R. 62027.
Notice of President of the United States, dated Nov. 4, 2004,
69 F.R. 64637.
Notice of President of the United States, dated Oct. 29, 2003,
68 F.R. 62209.
Notice of President of the United States, dated Nov. 6, 2002,
67 F.R. 68493.
Notice of President of the United States, dated Nov. 9, 2001,
66 F.R. 56965.
Notice of President of the United States, dated Nov. 9, 2000,
65 F.R. 68063.
Notice of President of the United States, dated Nov. 10, 1999,
64 F.R. 61767.
Notice of President of the United States, dated Nov. 12, 1998,
63 F.R. 63589.
Notice of President of the United States, dated Nov. 12, 1997,
62 F.R. 60993.
Notice of President of the United States, dated Nov. 12, 1996,
61 F.R. 58309.
Notice of President of the United States, dated Nov. 8, 1995,
60 F.R. 57137.
Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567.
COUNTRIES AND PERSONS THREATENING UNITED STATES EXPORT REGULATION
UPON EXPIRATION OF THE EXPORT ADMINISTRATION ACT OF 1979
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex.
Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex.
Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Continuation of emergency declared by Ex. Ord. No. 12470 was
contained in the following:
Notice of President of the United States, dated Mar. 28, 1985,
50 F.R. 12513.
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex.
Ord. No. 12867, Sec. 1, Sept. 30, 1993, 58 F.R. 51747.
Continuations of national emergency declared by Ex. Ord. No.
12730 were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992,
57 F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991,
56 F.R. 49385.
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex.
Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex.
Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.
Continuations of national emergency declared by Ex. Ord. No.
12924 were contained in the following:
Notice of President of the United States, dated Aug. 3, 2000,
65 F.R. 48347.
Notice of President of the United States, dated Aug. 10, 1999,
64 F.R. 44101.
Notice of President of the United States, dated Aug. 13, 1998,
63 F.R. 44121.
Notice of President of the United States, dated Aug. 13, 1997,
62 F.R. 43629.
Notice of President of the United States, dated Aug. 14, 1996,
61 F.R. 42527.
Notice of President of the United States, dated Aug. 15, 1995,
60 F.R. 42767.
Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397.
Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025.
Continuations of national emergency declared by Ex. Ord. No.
13222 were contained in the following:
Notice of President of the United States, dated Aug. 15, 2007,
72 F.R. 46137.
Notice of President of the United States, dated Aug. 3, 2006,
71 F.R. 44551.
Notice of President of the United States, dated Aug. 2, 2005,
70 F.R. 45273.
Notice of President of the United States, dated Aug. 6, 2004,
69 F.R. 48763.
Notice of President of the United States, dated Aug. 7, 2003,
68 F.R. 47833.
Notice of President of the United States, dated Aug. 14, 2002,
67 F.R. 53721.
DEMOCRATIC REPUBLIC OF THE CONGO
Ex. Ord. No. 13413, Oct. 27, 2006, 71 F.R. 64105.
Continuation of national emergency declared by Ex. Ord. No.
13413 was contained in the following:
Notice of President of the United States, dated Oct. 24, 2007,
72 F.R. 61045.
HAITI
Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Continuations of national emergency declared by Ex. Ord. No.
12775 were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994,
59 F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993,
58 F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992,
57 F.R. 45557.
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
IRAN
Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729.
Continuations of national emergency declared by Ex. Ord. No.
12170 were contained in the following:
Notice of President of the United States, dated Nov. 8, 2007,
72 F.R. 63965.
Notice of President of the United States, dated Nov. 9, 2006,
71 F.R. 66227.
Notice of President of the United States, dated Nov. 9, 2005,
70 F.R. 69039.
Notice of President of the United States, dated Nov. 9, 2004,
69 F.R. 65513.
Notice of President of the United States, dated Nov. 12, 2003,
68 F.R. 64489.
Notice of President of the United States, dated Nov. 12, 2002,
67 F.R. 68929.
Notice of President of the United States, dated Nov. 9, 2001,
66 F.R. 56966.
Notice of President of the United States, dated Nov. 9, 2000,
65 F.R. 68061.
Notice of President of the United States, dated Nov. 5, 1999,
64 F.R. 61471.
Notice of President of the United States, dated Nov. 9, 1998,
63 F.R. 63125.
Notice of President of the United States, dated Sept. 30, 1997,
62 F.R. 51591.
Notice of President of the United States, dated Oct. 29, 1996,
61 F.R. 56107.
Notice of President of the United States, dated Oct. 31, 1995,
60 F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994,
59 F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993,
58 F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992,
57 F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991,
56 F.R. 57791.
Notice of President of the United States, dated Nov. 9, 1990,
55 F.R. 47453.
Notice of President of the United States, dated Oct. 30, 1989,
54 F.R. 46043.
Notice of President of the United States, dated Nov. 8, 1988,
53 F.R. 45750.
Notice of President of the United States, dated Nov. 10, 1987,
52 F.R. 43549.
Notice of President of the United States, dated Nov. 10, 1986,
51 F.R. 41067.
Notice of President of the United States, dated Nov. 1, 1985,
50 F.R. 45901.
Notice of President of the United States, dated Nov. 7, 1984,
49 F.R. 44741.
Notice of President of the United States, dated Nov. 8, 1982,
47 F.R. 50841.
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which
provisions related to prohibitions contained therein were revoked
by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which
provisions related to prohibitions contained therein were revoked
by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913.
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915.
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917.
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919.
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921.
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923.
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927.
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929.
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by
Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No.
12317, Aug. 14, 1981, 46 F.R. 42241, revoked by Ex. Ord. No. 12379,
Sec. 21, Aug. 17, 1982, 47 F.R. 36100, set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.
Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111.
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, revoked by Ex.
Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, sections 1 and
2 of which were revoked by Ex. Ord. No. 12959, Sec. 5, May 6, 1995,
60 F.R. 24758, to the extent inconsistent with Ex. Ord. No. 12959.
Continuations of national emergency declared by Ex. Ord. No.
12957 were contained in the following:
Notice of President of the United States, dated Mar. 8, 2007,
72 F.R. 10883.
Notice of President of the United States, dated Mar. 13, 2006,
71 F.R. 13241.
Notice of President of the United States, dated Mar. 10, 2005,
70 F.R. 12581.
Notice of President of the United States, dated Mar. 10, 2004,
69 F.R. 12051.
Notice of President of the United States, dated Mar. 12, 2003,
68 F.R. 12563.
Notice of President of the United States, dated Mar. 13, 2002,
67 F.R. 11553.
Notice of President of the United States, dated Mar. 13, 2001,
66 F.R. 15013.
Notice of President of the United States, dated Mar. 13, 2000,
65 F.R. 13863.
Notice of President of the United States, dated Mar. 10, 1999,
64 F.R. 12239.
Notice of President of the United States, dated Mar. 4, 1998,
63 F.R. 11099.
Notice of President of the United States, dated Mar. 5, 1997,
62 F.R. 10409.
Notice of President of the United States, dated Mar. 8, 1996,
61 F.R. 9897.
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex.
Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531.
IRAQ
Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, revoked by Ex.
Ord. No. 12724, Sec. 6, Aug. 9, 1990, 55 F.R. 33090, to the extent
inconsistent with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350,
July 29, 2004, 69 F.R. 46055.
Continuations of national emergency declared by Ex. Ord. No.
12722 were contained in the following:
Notice of President of the United States, dated July 31, 2003,
68 F.R. 45739.
Notice of President of the United States, dated July 30, 2002,
67 F.R. 50341.
Notice of President of the United States, dated July 31, 2001,
66 F.R. 40105.
Notice of President of the United States, dated July 28, 2000,
65 F.R. 47241.
Notice of President of the United States, dated July 20, 1999,
64 F.R. 39897.
Notice of President of the United States, dated July 28, 1998,
63 F.R. 41175.
Notice of President of the United States, dated July 31, 1997,
62 F.R. 41803.
Notice of President of the United States, dated July 22, 1996,
61 F.R. 38561.
Notice of President of the United States, dated July 28, 1995,
60 F.R. 39099.
Notice of President of the United States, dated July 19, 1994,
59 F.R. 37151.
Notice of President of the United States, dated July 20, 1993,
58 F.R. 39111.
Notice of President of the United States, dated July 21, 1992,
57 F.R. 32875.
Notice of President of the United States, dated July 26, 1991,
56 F.R. 35995.
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, revoked by Ex.
Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, revoked by Ex.
Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by
Ex. Ord. No. 13364, Sec. 1, Nov. 29, 2004, 69 F.R. 70177.
Continuations of national emergency declared by Ex. Ord. No.
13303 were contained in the following:
Notice of President of the United States, dated May 18, 2007,
72 F.R. 28581.
Notice of President of the United States, dated May 18, 2006,
71 F.R. 29237.
Notice of President of the United States, dated May 19, 2005,
70 F.R. 29435.
Notice of President of the United States, dated May 20, 2004,
69 F.R. 29409.
Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, as amended by
Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177.
Ex. Ord. No. 13438, July 17, 2007, 72 F.R. 39719.
KUWAIT
Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, revoked by Ex.
Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, revoked by Ex.
Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
LEBANON
Ex. Ord. No. 13441, Aug. 1, 2007, 72 F.R. 43499.
LIBERIA
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by
Ex. Ord. No. 13312, Sec. 3(d), July 29, 2003, 68 F.R. 45152,
revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885.
Continuations of national emergency declared by Ex. Ord. No.
13348 were contained in the following:
Notice of President of the United States, dated July 19, 2007,
72 F.R. 40059.
Notice of President of the United States, dated July 18, 2006,
71 F.R. 41093.
Notice of President of the United States, dated July 19, 2005,
70 F.R. 41935.
LIBYA
Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, revoked by Ex.
Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Continuations of national emergency declared by Ex. Ord. No.
12543 were contained in the following:
Notice of President of the United States, dated Jan. 5, 2004,
69 F.R. 847.
Notice of President of the United States, dated Jan. 2, 2003,
68 F.R. 661.
Notice of President of the United States, dated Jan. 3, 2002,
67 F.R. 637.
Notice of President of the United States, dated Jan. 4, 2001,
66 F.R. 1251.
Notice of President of the United States, dated Dec. 29, 1999,
65 F.R. 1999.
Notice of President of the United States, dated Dec. 30, 1998,
64 F.R. 383.
Notice of President of the United States, dated Jan. 2, 1998,
63 F.R. 653.
Notice of President of the United States, dated Jan. 2, 1997,
62 F.R. 587.
Notice of President of the United States, dated Jan. 3, 1996,
61 F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994,
59 F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993,
58 F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992,
57 F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991,
56 F.R. 67465.
Notice of President of the United States, dated Jan. 2, 1991,
56 F.R. 477.
Notice of President of the United States, dated Jan. 4, 1990,
55 F.R. 589.
Notice of President of the United States, dated Dec. 28, 1988,
53 F.R. 52971.
Notice of President of the United States, dated Dec. 15, 1987,
52 F.R. 47891.
Notice of President of the United States, dated Dec. 23, 1986,
51 F.R. 46849.
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, revoked by Ex.
Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, revoked by Ex.
Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
NICARAGUA
Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, revoked by Ex.
Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
Continuations of national emergency declared by Ex. Ord. No.
12513 were contained in the following:
Notice of President of the United States, dated Apr. 21, 1989,
54 F.R. 17701.
Notice of President of the United States, dated Apr. 25, 1988,
53 F.R. 15011.
Notice of President of the United States, dated Apr. 21, 1987,
52 F.R. 13425.
Notice of President of the United States, dated Apr. 22, 1986,
51 F.R. 15461.
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
PANAMA
Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, revoked by Ex.
Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
Continuation of national emergency declared by Ex. Ord. No.
12635 was contained in the following:
Notice of President of the United States, dated Apr. 6, 1989,
54 F.R. 14197.
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
RUSSIA
Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279.
Continuations of national emergency declared by Ex. Ord. No.
13159 were contained in the following:
Notice of President of the United States, dated June 19, 2007,
72 F.R. 34159.
Notice of President of the United States, dated June 19, 2006,
71 F.R. 35489.
Notice of President of the United States, dated June 17, 2005,
70 F.R. 35507.
Notice of President of the United States, dated June 16, 2004,
69 F.R. 34047.
Notice of President of the United States, dated June 10, 2003,
68 F.R. 35149.
Notice of President of the United States, dated June 18, 2002,
67 F.R. 42181.
Notice of President of the United States, dated June 11, 2001,
66 F.R. 32207.
SIERRA LEONE
Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by
Ex. Ord. No. 13312, Sec. 3(a)-(c), July 29, 2003, 68 F.R. 45152,
revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Continuations of national emergency declared by Ex. Ord. No.
13194 were contained in the following:
Notice of President of the United States, dated Jan. 16, 2003,
68 F.R. 2677.
Notice of President of the United States, dated Jan. 15, 2002,
67 F.R. 2547.
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by
Ex. Ord. No. 13312, Sec. 3(d), July 29, 2003, 68 F.R. 45152,
revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
SOUTH AFRICA
Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, revoked by Ex.
Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855.
Continuation of national emergency declared by Ex. Ord. No.
12532 was contained in the following:
Notice of President of the United States, dated Sept. 4, 1986,
51 F.R. 31925.
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, revoked by Ex.
Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855.
SUDAN
Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989.
Continuations of national emergency declared by Ex. Ord. No.
13067 were contained in the following:
Notice of President of the United States, dated Nov. 1, 2007,
72 F.R. 62407.
Notice of President of the United States, dated Nov. 1, 2006,
71 F.R. 64629.
Notice of President of the United States, dated Nov. 1, 2005,
70 F.R. 66745.
Notice of President of the United States, dated Nov. 1, 2004,
69 F.R. 63915.
Notice of President of the United States, dated Oct. 29, 2003,
68 F.R. 62211.
Notice of President of the United States, dated Oct. 29, 2002,
67 F.R. 66525.
Notice of President of the United States, dated Oct. 31, 2001,
66 F.R. 55869.
Notice of President of the United States, dated Oct. 31, 2000,
65 F.R. 66163.
Notice of President of the United States, dated Oct. 29, 1999,
64 F.R. 59105.
Notice of President of the United States, dated Oct. 27, 1998,
63 F.R. 58617.
Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483.
Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61369.
SYRIA
Ex. Ord. No. 13338, May 11, 2004, 69 F.R. 26751.
Continuations of national emergency declared by Ex. Ord. No.
13338 were contained in the following:
Notice of President of the United States, dated May 8, 2007, 72
F.R. 26707.
Notice of President of the United States, dated May 8, 2006, 71
F.R. 27381.
Notice of President of the United States, dated May 5, 2005, 70
F.R. 24697.
Ex. Ord. No. 13399, Apr. 25, 2006, 71 F.R. 25059.
WESTERN BALKANS
Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, revoked by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No.
12808 were contained in the following:
Notice of President of the United States, dated May 27, 2002,
67 F.R. 37661.
Notice of President of the United States, dated May 24, 2001,
66 F.R. 29007.
Notice of President of the United States, dated May 25, 2000,
65 F.R. 34379.
Notice of President of the United States, dated May 27, 1999,
64 F.R. 29205.
Notice of President of the United States, dated May 28, 1998,
63 F.R. 29527.
Notice of President of the United States, dated May 28, 1997,
62 F.R. 29283.
Notice of President of the United States, dated May 24, 1996,
61 F.R. 26773.
Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R.
2887.
Notice of President of the United States, dated May 10, 1995,
60 F.R. 25599.
Notice of President of the United States, dated May 25, 1994,
59 F.R. 27429.
Notice of President of the United States, dated May 25, 1993,
58 F.R. 30693.
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by
Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, revoked by
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, revoked by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, revoked by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by
Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999;
Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19,
2001, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No.
13088 were contained in the following:
Notice of President of the United States, dated May 27, 2002,
67 F.R. 37661.
Notice of President of the United States, dated May 24, 2001,
66 F.R. 29007.
Notice of President of the United States, dated May 25, 2000,
65 F.R. 34379.
Notice of President of the United States, dated May 27, 1999,
64 F.R. 29205.
Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No.
13219 were contained in the following:
Notice of President of the United States, dated June 22, 2007,
72 F.R. 34981.
Notice of President of the United States, dated June 22, 2006,
71 F.R. 36183.
Notice of President of the United States, dated June 23, 2005,
70 F.R. 36803.
Notice of President of the United States, dated June 24, 2004,
69 F.R. 36005.
Notice of President of the United States, dated June 20, 2003,
68 F.R. 37389.
Notice of President of the United States, dated June 21, 2002,
67 F.R. 42703.
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
ZIMBABWE
Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by
Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201.
Continuations of national emergency declared by Ex. Ord. No.
13288 were contained in the following:
Notice of President of the United States, dated Feb. 28, 2007,
72 F.R. 9645.
Notice of President of the United States, dated Feb. 27, 2006,
71 F.R. 10603.
Notice of President of the United States, dated Mar. 2, 2005,
70 F.R. 10859.
Notice of President of the United States, dated Mar. 2, 2004,
69 F.R. 10313.
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