H.R.5431 - Sanctions Against Iraq Act of 1990101st Congress (1989-1990)
|Sponsor:||Rep. Fascell, Dante B. [D-FL-19] (Introduced 08/02/1990)|
|Committees:||House - Foreign Affairs; Banking, Finance, and Urban Affairs; Ways and Means | Senate - Banking, Housing, and Urban Affairs|
|Latest Action:||11/17/1990 See H.R.4653. (All Actions)|
|Roll Call Votes:||There has been 1 roll call vote|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
Text: H.R.5431 — 101st Congress (1989-1990)All Information (Except Text)
Text available as:
- Bill and resolution texts for 1989-1992 (101st-102nd Congresses) predate authenticated digital publishing.
Referred in Senate
HR 5431 RFS 101st CONGRESS 2d Session H. R. 5431 IN THE SENATE OF THE UNITED STATES August 2 (legislative day, JULY 10), 1990 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To impose sanctions on Iraq. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Sanctions Against Iraq Act of 1990'. TITLE I--IMPOSITION OF TRADE EMBARGO SEC. 101. DECLARATIONS OF POLICY REGARDING THE IRAQI INVASION OF KUWAIT. The Congress-- (1) condemns Iraq's invasion of Kuwait; (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) calls for the imposition of multilateral sanctions against Iraq; and (6) calls on United States allies and other countries to support the efforts of the United Nations Security Council, and to take other appropriate actions, to bring about an end to the Iraqi invasion of Kuwait. SEC. 102. 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. 103. IMPOSITION OF EMBARGO. (a) REQUIREMENT FOR EMBARGO- The President shall immediately impose the following sanctions with respect to Iraq, using the authorities of the International Emergency Economic Powers Act: (1) All property and interests in property of the Government of Iraq, its agencies, instrumentalities, and controlled entities and the Central Bank of Iraq that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, including their overseas branches, shall be blocked. (2) The following transactions shall be prohibited: (A) The import into the United States of any goods or services of Iraqi origin, other than publications and other informational materials. (B) The export to Iraq of any goods (including agricultural commodities and the products thereof), technology (including technical data or other information controlled for export pursuant to section 5 of the Export Administration Act of 1979), or services from the United States, except publications, other informational materials, and donations of articles intended to relieve human suffering, such as food, clothing, medicine, and medical supplies intended strictly for medical purposes. (C)(i) Any transaction by a United States person relating to transportation to or from Iraq. (ii) The provision of transportation to or from the United States by any Iraqi person or any vessel or aircraft of Iraqi registration. (iii) The sale in the United States by any person holding authority under the Federal Aviation Act of 1958 of any transportation by air which includes any stop in Iraq. (b) ADDITIONAL IMPORT SANCTIONS- If the President considers that the taking of such action would promote the effectiveness of the sanctions listed under subsection (a), and is consistent with the national interest, the President may prohibit, for such 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 the importation of products of Iraq into its customs territory; or (2) given assurances satisfactory to the President that such an import sanction will be promptly implemented. (c) EXCEPTIONS TO AND LIFTING OF EMBARGO- The requirements of subsection (a) shall not apply to the extent that the President so notifies the Congress in advance. (d) RELATION TO TITLE II SANCTIONS- The sanctions required by this title are in addition to, and not in lieu of, the sanctions required by title II of this Act; and the requirements of title II apply without regard to whether the authority of subsection (c) of this section has been exercised with respect to the requirements of subsection (a) of this section. TITLE II--ADDITIONAL SANCTIONS WITH RESPECT TO IRAQ SEC. 201. FINDINGS. The Congress finds that-- (1) the Government of Iraq is a party to the International Covenants on Human Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights; (2) the State Department's Country Reports on Human Rights Practices for 1989 again characterizes Iraq's human rights record as `abysmal'; (3) 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; (4) since 1987, the Government of Iraq has intensified its severe repression of the Kurdish minority as evidenced by the expulsion of approximately 500,000 Kurds and Assyrians from their mountain villages, the deliberate destruction of villages, and the forcible resettlement of Kurds and Assyrians in specially built towns far from their normal means of livelihood; (5) in August 1988, the Iraqi armed forces launched an offensive against Kurdish rebel forces using chemical weapons against guerrillas and innocent civilians, in which up to 5,000 people were killed; (6) the Government of Iraq is engaged in a consistent pattern of gross violations of internationally recognized human rights; (7) in violation of international law, Iraq repeatedly used chemical weapons against Iran, which also used chemical weapons against Iraq; (8) Iraq continues to expand its chemical weapons capability, and in a speech given on April 2, 1990, President Saddam Hussein threatened to use chemical weapons against other countries, if attacked; (9) Iraq has developed ballistic missile systems with a range of greater than 300 kilometers; (10) there are strong indications that Iraq has taken steps to produce nuclear weapons; (11) Iraq attempted to smuggle from the United States 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; (12) Iraq is increasing its support for Palestinian groups that have conducted terrorist acts; and (13) an enhanced Iraqi capacity to support terrorist operations will add to further instability in the Middle East. SEC. 202. IMPOSITION OF SANCTIONS AGAINST IRAQ. (a) FMS SALES- The United States Government may not sell to Iraq any item on the United States Munitions List. (b) COMMERCIAL ARMS SALES- Licenses may not be issued for the export to Iraq of any item on the United States Munitions List. (c) CONTROLS ON CERTAIN EXPORTS- (1) PRESUMPTIONS OF DENIAL OF LICENSES FOR CERTAIN EXPORTS- There shall be a presumption of denial of any license application under the Export Administration Act of 1979-- (A) for the export to Iraq of any goods or technology that could enhance the ability of Iraq to support acts of international terrorism, (B) for the export of any goods or technology to an end user in Iraq that is engaged in missile or chemical or biological weapons proliferation activities, or (C) for any export where there is a risk of diversion to missile or chemical or biological weapons proliferation activities in Iraq. (2) DENIAL OF LICENSES FOR EXPORTS RELEVANT TO CHEMICAL OR BIOLOGICAL WEAPONS PRODUCTION- Licenses may not be issued under the Export Administration Act of 1979 for the export to Iraq of any chemical or biological agent that the President determines may be used primarily in the production of chemical or biological weapons or may be otherwise devoted to chemical or biological warfare purposes. (3) REQUIREMENT FOR VALIDATED EXPORT LICENSE FOR CERTAIN ITEMS- (A) LIST OF ADDITIONAL ITEMS SUBJECT TO LICENSING REQUIREMENTS- In accordance with section 6(l) of the Export Administration Act of 1979, there shall be established-- (i) a list of goods and technology whose export to Iraq is to be controlled pursuant to this paragraph in order to enhance United States foreign policy of nonproliferation of chemical and biological weapons or missile technology; and (ii) a list of goods and technology whose export to Iraq could enhance the ability of Iraq to support acts of international terrorism. (B) REQUIREMENT FOR VALIDATED EXPORT LICENSE FOR LISTED ITEMS- After the end of the 60-day period referred to in subparagraph (C), an individual validated license shall be required under section 6 of the Export Administration Act of 1979 for the export to Iraq of goods or technology on either list established pursuant to subparagraph (A). (C) EFFECTIVE DATE OF LISTS; PUBLICATION- The initial lists pursuant to subparagraph (A) shall be established and published in the Federal Register not later than 60 days after the date of enactment of this Act. (4) REQUIREMENT FOR VALIDATED EXPORT LICENSE FOR CERTAIN END USES- (A) END USES SUBJECT TO REQUIREMENTS- An individual validated license shall be required under section 6 of the Export Administration Act of 1979 for the export of any goods or technology to Iraq-- (i) if the exporter knows, or has reason to know, that the goods or technology would be used in the design, testing, manufacture, or use of missiles or chemical or biological weapons; or (ii) if the exporter knows, or has been informed by the Department of Commerce, that the goods or technology would be used to support acts of international terrorism. (B) EFFECTIVE DATE- Subparagraph (A) applies with respect to exports occurring more than 30 days after the date of enactment of this Act. (5) RELATION TO OTHER EXPORT LICENSE REQUIREMENTS- The requirements for a validated license for exports to Iraq that are imposed by paragraphs (3) and (4) are in addition to other requirements for validated licenses for exports to Iraq that are imposed under the Export Administration Act of 1979. (d) NUCLEAR EQUIPMENT, MATERIALS, AND TECHNOLOGY- (1) NRC LICENSES- The Nuclear Regulatory Commission may not issue any license or other authorization under the Atomic Energy Act of 1954 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, or any other material or technology requiring such a license or authorization. (2) DISTRIBUTION OF NUCLEAR MATERIALS- The authority of the Atomic Energy Act of 1954 may not be used to distribute any special nuclear material, source material, or byproduct material to Iraq. (3) DOE AUTHORIZATIONS- The Secretary of Energy may not provide a specific authorization under section 57b. (2) of the Atomic Energy Act of 1954 for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section. (4) EXPORT LICENSES- The Secretary of Commerce may not issue any license under the Export Administration Act of 1979 for the export directly or indirectly to Iraq of any goods or technology-- (A) that are intended for a nuclear related end use or end user; (B) that have been identified on the Commodity Control List pursuant to section 309(c) of the Nuclear Non-Proliferation Act of 1978 as items that could, if used for purposes other than those for which the export is intended, be of significance for nuclear explosive purposes; or (C) that are otherwise subject to the procedures established pursuant to section 309(c) of the Nuclear Non-Proliferation Act of 1978. (e) 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. (f) DENIAL OF ACCESS TO THE EXPORT-IMPORT BANK- Credits or credit guarantees through the Export-Import Bank of the United States shall be denied to Iraq. (g) DENIAL OF OTHER ASSISTANCE- All forms of assistance under the Foreign Assistance Act of 1961 (other than emergency assistance for medical supplies and other forms of emergency humanitarian assistance) and the Arms Export Control Act shall be denied to Iraq. SEC. 203. CONTRACT SANCTITY. For purposes of the export controls imposed pursuant to subsections (c) and (d)(4) of section 202, the date described in section 6(m)(1) of the Export Administration Act of 1979 shall be deemed to be August 1, 1990. SEC. 204. EXPIRATION. Section 202 shall cease to apply at the end of the 4-year period beginning on the date of enactment of this Act. SEC. 205. WAIVER. The President may waive the requirements of any subsection of section 202 if the President certifies to the Congress-- (1) that the Government of Iraq-- (A) has demonstrated, through a pattern of conduct, substantial improvement in its respect for internationally recognized human rights; (B) is no longer acquiring chemical, biological, and nuclear weapons and delivery systems and components for such weapons, and has forsworn the first use of such weapons; (C) has recommitted itself to abide by the 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisoning or Other Gases, and of Bacteriological Methods of Warfare; and (D) does not provide support for international terrorism; and (2) that he has determined that it is essential to the national interests of the United States to waive the requirements of that subsection; except that any such waiver shall not take effect until at least 60 days after the President's certification is submitted to the Congress. Any such certification shall include the justification for the President's determination under each subparagraph of paragraph (1) and under paragraph (2). SEC. 206. 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, in particular the areas in northern Iraq traditionally inhabited by Kurds. Passed the House of Representatives August 2, 1990. Attest: DONNALD K. ANDERSON, Clerk.