Text: H.R.2559 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 2559 IH
102d CONGRESS
1st Session
 H. R. 2559
To require that the United States Government hold certain discussions and
report to the Congress with respect to the secondary boycott of Israel by
Arab countries.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 1991
Mr. SCHUMER introduced the following bill; which was referred jointly to
the Committees on Ways and Means and Foreign Affairs
A BILL
To require that the United States Government hold certain discussions and
report to the Congress with respect to the secondary boycott of Israel by
Arab countries.
  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 `Procompetitiveness and Antiboycott Act
  of 1991'.
SEC. 2. CONGRESSIONAL FINDINGS.
  The Congress finds that--
  (1) the boycott of Israel by Arab countries has distorted international
  trade and investment;
  (2) the secondary boycott of Israel by Arab countries has put at a
  competitive disadvantage those United States business enterprises that
  refuse to comply with the Arab boycott of Israel;
  (3) the secondary boycott has stifled foreign investment in Israel;
  (4) business enterprises that comply with the boycott of Israel by Arab
  countries contribute to the distortion of international commerce and
  investment; and
  (5) it is in the interest of all countries to have free trade and a liberal
  climate for investment.
SEC. 3. OECD REPORT.
  (a) DISCUSSIONS AT THE OECD- The United States Ambassador to the
  Organization for Economic Cooperation and Development (OECD) shall enter
  into discussions with representatives from other countries that are members
  of OECD concerning--
  (1) the extent to which business enterprises, both public and private,
  comply with the boycott of Israel by Arab countries;
  (2) the effectiveness, with respect to the secondary boycott, of antiboycott
  laws of those countries that currently have or have had such laws;
  (3) the extent to which the secondary boycott has skewed global trade and
  investment, as well as regional trade and investment in the Middle East;
  (4) the extent to which business enterprises not complying with the boycott
  of Israel by Arab countries are placed at a competitive disadvantage as
  a result of the secondary boycott;
  (5) the extent to which the secondary boycott contradicts OECD trade and
  investment policy; and
  (6) the development of a set of guidelines, comparable to the prohibitions
  set forth in section 8(a) of the Export Administration Act of 1979 on
  actions taken to comply with, further, or support a boycott imposed by a
  foreign country, that countries that are members of OECD can agree on as
  a way to eliminate compliance with the boycott of Israel by Arab countries.
  (b) REPORT TO CONGRESS- The United States Ambassador to the OECD shall submit
  to the Congress, not later than 6 months after the date of the enactment
  of this Act, a report on the progress of the discussions described in
  subsection (a).
SEC. 4. GATT REPORT.
  (a) IN GENERAL- The United States Trade Representative shall enter into
  discussions with representatives from countries that are members of the
  General Agreement on Tariffs and Trade (GATT) to determine the extent
  to which--
  (1) the secondary boycott has distorted trade;
  (2) members of and observers to the GATT encourage actions, including
  the furnishing of information or entering into implementing agreements,
  which have the effect of furthering or supporting the boycott of Israel
  by Arab countries;
  (3) the GATT can and should work to eliminate the secondary boycott; and
  (4) provisions of the GATT, specifically Articles I and XI, can be used
  to eliminate compliance with the boycott of Israel by Arab countries and
  what additional measures, including penalties, can be applied to countries
  imposing and complying with the boycott of Israel by Arab countries.
  (b) REPORT TO CONGRESS- The United States Trade Representative shall submit
  to the Congress, not later than 6 months after the date of the enactment
  of this Act, a report on the discussions described in subsection (a).
SEC. 5. PRESIDENTIAL REPORT.
  Not later than 90 days after the date of the enactment of this Act, the
  President shall submit a report to the Congress on--
  (1) what progress has been made in terminating the secondary boycott, and
  (2) what progress has been made in terminating the compliance by countries
  other than Arab countries with the boycott of Israel by Arab countries.
SEC. 6. BOYCOTT REPORT.
  Not later than 90 days after the date of the enactment of this Act, the
  Secretary of Commerce, in consultation with the Secretary of State and the
  Secretary of the Treasury, shall submit to the Congress a report on those
  OECD member countries that encourage or fail to discourage compliance with
  the boycott of Israel by Arab countries. Such report shall include--
  (1) a list of foreign countries which encourage or fail to discourage
  compliance with the boycott of Israel by Arab countries; and
  (2) for each foreign country included in the list under paragraph (1),
  a description of the policies, regulations, practices, and laws of the
  government of that country which encourage or fail to discourage compliance
  with the boycott of Israel by Arab countries.
SEC. 7. DEFINITIONS.
  For purposes of this Act--
  (1) the term `secondary boycott' means the boycott by the governments of
  Arab countries of--
  (A) business enterprises which--
  (i) provide goods or services to Israeli nationals or business enterprises
  organized under the laws of Israel or owned or controlled by Israeli
  nationals, or
  (ii) invest in Israel or business enterprises described in clause (i);
  (B) ships that call at Israeli ports; or
  (C) goods and services of people or entities which support the State of
  Israel; and
  (2) a business enterprise complies with the boycott of Israel by Arab
  countries when, as a condition of doing business directly or indirectly
  within a country or with the government of, a national of, or a business
  enterprise organized under the laws of, a country, that business enterprise--
  (A) agrees to refrain from doing business with or in Israel or with the
  government or nationals of Israel or business enterprises organized under
  the laws of Israel or owned or controlled by Israeli nationals; or
  (B) agrees to furnish information about its past, present, or future
  business relationships with Israel or with the government or nationals of
  Israel or business enterprises described in subparagraph (A).