Text: S.21 — 104th Congress (1995-1996)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 21 Enrolled Bill (ENR)]

        S.21

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 An Act


 
To terminate the United States arms embargo applicable to the Government 
                       of Bosnia and Herzegovina.

    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 ``Bosnia and Herzegovina Self-Defense 
Act of 1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
        (1) For the reasons stated in section 520 of the Foreign 
    Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
    103-236), the Congress has found that continued application of an 
    international arms embargo to the Government of Bosnia and 
    Herzegovina contravenes that Government's inherent right of 
    individual or collective self-defense under Article 51 of the 
    United National Charter and therefore is inconsistent with 
    international law.
        (2) The United States has not formally sought multilateral 
    support for terminating the arms embargo against Bosnia and 
    Herzegovina through a vote on a United Nations Security Council 
    resolution since the enactment of section 1404 of the National 
    Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
    337).
        (3) The United Nations Security Council has not taken measures 
    necessary to maintain international peace and security in Bosnia 
    and Herzegovina since the aggression against that country began in 
    April 1992.
        (4) The Contact Group, composed of representatives of the 
    United States, Russia, France, Great Britain, and Germany, has 
    since July 1994 maintained that in the event of continuing 
    rejection by the Bosnian Serbs of the Contact Group's proposal for 
    Bosnia and Herzegovina, a decision in the United Nations Security 
    Council to lift the Bosnian arms embargo as a last resort would be 
    unavoidable.

SEC. 3. STATEMENT OF SUPPORT.

    The Congress supports the efforts of the Government of the Republic 
of Bosnia and Herzegovina--
        (1) to defend its people and the territory of the Republic;
        (2) to preserve the sovereignty, independence, and territorial 
    integrity of the Republic; and
        (3) to bring about a peaceful, just, fair, viable, and 
    sustainable settlement of the conflict in Bosnia and Herzegovina.

SEC. 4. TERMINATION OF ARMS EMBARGO.

    (a) Termination.--The President shall terminate the United States 
arms embargo of the Government of Bosnia and Herzegovina, as provided 
in subsection (b), following--
        (1) receipt by the United States Government of a request from 
    the Government of Bosnia and Herzegovina for termination of the 
    United States arms embargo and submission by the Government of 
    Bosnia and Herzegovina, in exercise of its sovereign rights as a 
    nation, of a request to the United Nations Security Council for the 
    departure of UNPROFOR from Bosnia and Herzegovina; or
        (2) a decision by the United Nations Security Council, or 
    decisions by countries contributing forces to UNPROFOR, to withdraw 
    UNPROFOR from Bosnia and Herzegovina.
    (b) Implementation of Termination.--The President may implement 
termination of the United States arms embargo of the Government of 
Bosnia and Herzegovina pursuant to subsection (a) prior to the date of 
completion of the withdrawal of UNPROFOR personnel from Bosnia and 
Herzegovina, but shall, subject to subsection (c), implement 
termination of the embargo pursuant to that subsection no later than 
the earlier of--
        (1) the date of completion of the withdrawal of UNPROFOR 
    personnel from Bosnia and Herzegovina; or
        (2) the date which is 12 weeks after the date of submission by 
    the Government of Bosnia and Herzegovina of a request to the United 
    Nations Security Council for the departure of UNPROFOR from Bosnia 
    and Herzegovina.
    (c) Presidential Waiver Authority.--If the President determines and 
reports in advance to Congress that the safety, security, and 
successful completion of the withdrawal of UNPROFOR personnel from 
Bosnia and Herzegovina in accordance with subsection (b)(2) requires 
more time than the period provided for in that subsection, the 
President may extend the time period available under subsection (b)(2) 
for implementing termination of the United States arms embargo of the 
Government of Bosnia and Herzegovina for a period of up to 30 days. The 
authority in this subsection may be exercised to extend the time period 
available under subsection (b)(2) for more than one 30-day period.
    (d) Presidential Reports.--Within 7 days of the commencement of the 
withdrawal of UNPROFOR from Bosnia and Herzegovina, and every 14 days 
thereafter, the President shall report in writing to the President pro 
tempore of the Senate and the Speaker of the House of Representatives 
on the status and estimated date of completion of the withdrawal 
operation. If any such report includes an estimated date of completion 
of the withdrawal which is later than 12 weeks after commencement of 
the withdrawal operation, the report shall include the operational 
reasons which prevent the completion of the withdrawal within 12 weeks 
of commencement.
    (e) International Policy.--If the Government of Bosnia and 
Herzegovina submits a request to the United Nations Security Council 
for the departure of UNPROFOR from Bosnia and Herzegovina or if the 
United Nations Security Council or the countries contributing forces to 
UNPROFOR decide to withdraw from Bosnia and Herzegovina, as provided in 
subsection (a), the President (or his representative) shall immediately 
introduce and support in the United Nations Security Council a 
resolution to terminate the application of United Nations Security 
Council resolution 713 to the Government of Bosnia and Herzegovina. The 
United States shall insist on a vote on the resolution by the Security 
Council. The resolution shall, at a minimum, provide for the 
termination of the applicability of United Nations Security Council 
resolution 713 to the Government of Bosnia and Herzegovina no later 
than the completion of the withdrawal of UNPROFOR personnel from Bosnia 
and Herzegovina. In the event the United Nations Security Council fails 
to adopt the resolution to terminate the application of United Nations 
Security Council resolution 713 to the Government of Bosnia and 
Herzegovina because of a lack of unanimity of the permanent members, 
thereby failing to exercise its primary responsibility for the 
maintenance of international peace and security, the United States 
shall promptly endeavor to bring the issue before the General Assembly 
for decision as provided for in the Assembly's Uniting for Peace 
Resolution of 1950.
    (f) Rule of Construction.--Nothing in this section shall be 
interpreted as authorization for deployment of United States forces in 
the territory of Bosnia and Herzegovina for any purpose, including 
training, support, or delivery of military equipment.
    (g) Definitions.--As used in this section--
        (1) the term ``United States arms embargo of the Government of 
    Bosnia and Herzegovina'' means the application to the Government of 
    Bosnia and Herzegovina of--
            (A) the policy adopted July 10, 1991, and published in the 
        Federal Register of July 19, 1991 (58 FR 33322) under the 
        heading ``Suspension of Munitions Export Licenses to 
        Yugoslavia''; and
            (B) any similar policy being applied by the United States 
        Government as of the date of completion of withdrawal of 
        UNPROFOR personnel from Bosnia and Herzegovina, pursuant to 
        which approval is denied for transfers of defense articles and 
        defense services to the former Yugoslavia; and
        (2) the term ``completion of the withdrawal of UNPROFOR 
    personnel from Bosnia and Herzegovina'' means the departure from 
    the territory of Bosnia and Herzegovina of substantially all 
    personnel participating in UNPROFOR and substantially all other 
    personnel assisting in their withdrawal, within a reasonable period 
    of time, without regard to whether the withdrawal was initiated 
    pursuant to a request by the Government of Bosnia and Herzegovina, 
    a decision by the United Nations Security Council, or decisions by 
    countries contributing forces
    to UNPROFOR, but the term does not include such personnel as may 
    remain in Bosnia and Herzegovina pursuant to an agreement between 
    the Government of Bosnia and Herzegovina and the government of any 
    country providing such personnel.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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