Text: H.R.5431 — 101st Congress (1989-1990)All Information (Except Text)

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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.