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8 1641. Accountability and reporting requirements of

President

(a) Maintenance of file and index of Presidential

orders, rules and regulations during national

emergency When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.

(b) Each committee of the House of Representatives and the Senate having jurisdiction with respect to any provision of law referred to in subsection (a) of this section shall make a complete study and investigation concerning that provision of law and make a report, including any recommendations and proposed revisions such committee may have, to its respective House of Congress within two hundred and seventy days after September 14, 1976. (Pub. L. 94-412, title V, $ 502, Sept. 14, 1976, 90 Stat. 1258; Pub. L. 95-223, title I, § 101(d), Dec. 28, 1977, 91 Stat. 1625; Pub. L. 96-513, title V, $ 507(b), Dec. 12, 1980, 94 Stat. 2919.)

(b) Presidential orders, rules and regulations; trans

mittal to Congress All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate. (c) Expenditures during national emergency; Presi

dential reports to Congress When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures. (Pub. L. 94-412, title IV, $ 401, Sept. 14, 1976, 90 Stat. 1257.)

REFERENCES IN TEXT Act of April 28, 1942, referred to in subsec. (a)(2), is act Apr. 28, 1942, ch. 249, 56 Stat. 247, which was classified to section 278b of Title 40, Public Buildings, Property, and Works, and was omitted from the Code.

Act of June 30, 1949 (41 U.S.C. 252), referred to in subsec. (a)(3), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables.

Section 2304(a)(1) of title 10, referred to in subsec. (a)(7), originally authorized purchases or contracts without formal advertising when necessary in the public interest during a national emergency declared by Congress or the President, and as amended generally by Pub. L. 98-369 now sets forth the competition requirements for procurement of property or services.

CODIFICATION In subsec. (a)(4), “Section 3727(a)-(e)(1) of title 31" substituted for "Section 3477 of the Revised Statutes, as amended (31 U.S.C. 203)" on authority of Pub. L. 97-258, 8 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

AMENDMENTS

SUBCHAPTER V-APPLICATION TO

POWERS AND AUTHORITIES OF OTHER PROVISIONS OF LAW AND ACTIONS TAKEN THEREUNDER

1980-Subsec. (a)(8). Pub. L. 96-513 struck out par. (8) which made reference to sections 3313, 6386(c), and 8313 of title 10.

1977-Subsec. (a)(1). Pub. L. 95-223 struck out par. (1) which read as follows: "Section 5(b) of the Act of October 6, 1917, as amended (12 U.S.C. 95a; 50 U.S.C. App. 5(b));".

8 1651. Other laws, powers and authorities conferred

thereby, and actions taken thereunder; Congressional studies

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 701 of Pub. L. 96-513, set out as a note under section 101 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1622 of this title.

CHAPTER 35-INTERNATIONAL EMERGENCY

ECONOMIC POWERS

1

(a) The provisions of this chapter shall not apply to the following provisions of law, the powers and authorities conferred thereby, and actions taken thereunder:

(1) Repealed. Pub. L. 95-223, title I, $ 101(d), Dec. 28, 1977, 91 Stat. 1625.

(2) Act of April 28, 1942 (40 U.S.C. 278b);
(3) Act of June 30, 1949 (41 U.S.C. 252);
(4) Section 3727(a)-(e)(1) of title 31;

(5) Section 3737 of the Revised Statutes, as amended (41 U.S.C. 15);

(6) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431-1435);

(7) Section 2304(a)(1) " of title 10; 2

[blocks in formation]

See References in Text note below. ? So in original. The semicolon probably should be a period.

1704. 1705.

Sec.

"(6) Proclamation 6389 of December 5, 1991 (56 1706. Savings provisions.

Fed. Register 64467).
(a) Termination of national emergencies "(7) Department of Transportation Order 92-5-38

pursuant to National Emergencies of May 20, 1992.
Act.

"(8) Federal Aviation Administration action of (b) Congressional termination of nation- June 19, 1992 (14 C.F.R. Part 91).

al emergencies by concurrent reso- “(b) PROHIBITION ON ASSISTANCE.—No funds approlution.

priated or otherwise made available by law may be ob(c) Supplemental savings provisions; su- ligated or expended on behalf of the government of

persedure of inconsistent provi. Serbia or the government of Montenegro.
sions.

"(c) INTERNATIONAL FINANCIAL INSTITUTIONS.--The (d) Periodic reports to Congress.

Secretary of the Treasury shall instruct the United CHASTER REFERRED TO IN OTHER SECTIONS

States executive director of each international finan.

cial institution to use the voice and vote of the United This chapter is referred to in sections 2170, 2405, States to oppose any assistance from that institution 2410 of the Appendix to this title; title 12 sections to the government of Serbia or the government of 3409, 3413, 4407; title 19 section 2581; title 22 section Montenegro, except for basic human needs. 6004; title 26 section 911.

"(d) EXCEPTION.-Notwithstanding any other provi.

sion of law, the President is authorized and encour$ 1701. Unusual and extraordinary threat; declaration aged to exempt from sanctions imposed against Serbia

of national emergency; exercise of Presidential and Montenegro that are described in subsection (a) authorities

those United States-supported programs, projects, or

activities that involve reform of the electoral process, (a) Any authority granted to the President by the development of democratic institutions or demosection 1702 of this title may be exercised to cratic political parties, or humanitarian assistance (indeal with any unusual and extraordinary cluding refugee care and human rights observation), threat, which has its source in whole or sub

“(e) WAIVER AUTHORITY.-(1) The President may stantial part outside the United States, to the

waive or modify the application, in whole or in part, of national security, foreign policy, or economy of

any sanction described in subsection (a), the prohibi

tion in subsection (b), or the requirement in subsecthe United States, if the President declares a

tion (c). national emergency with respect to such threat. "(2) Such a waiver or modification may only be ef

(b) The authorities granted to the President fective upon certification by the President to Congress by section 1702 of this title may only be exer- that the President has determined that the waiver or cised to deal with an unusual and extraordinary modification is necessary (A) to meet emergency huthreat with respect to which a national emer

manitarian needs, or (B) to achieve a negotiated settlegency has been declared for purposes of this

ment of the conflict in Bosnia-Herzegovina that is acchapter and may not be exercised for any other

ceptable to the parties.” purpose. Any exercise of such authorities to

IRAN-İRAQ ARMS NON-PROLIFERATION deal with any new threat shall be based on a new declaration of national emergency which

Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106

Stat. 2571, provided that: must be with respect to such threat. (Pub. L. 95-223, title II, $ 202, Dec. 28, 1977, 91

"SEC. 1601. SHORT TITLE. Stat. 1626.)

"This title may be cited as the 'Iran-Iraq Arms Non

Proliferation Act of 1992'.
SHORT TITLE

"SEC. 1602. UNITED STATES POLICY. Section 201 of title II of Pub. L. 95-223 provided

"(a) IN GENERAL.-It shall be the policy of the that: “This title (enacting this chapter) may be cited

United States to oppose, and urgently to seek the as the 'International Emergency Economic Powers

agreement of other nations also to oppose, any transAct'."

fer to Iran or Iraq of any goods or technology, includSEPARABILITY

ing dual-use goods or technology, wherever that trans

fer could materially contribute to either country's acSection 208 of Pub. L. 95-223 provided that: “If any quiring chemical, biological, nuclear, or destabilizing provision of this Act (enacting this chapter) is held in- numbers and types of advanced conventional weapons. valid, the remainder of the Act shall not be affected "(b) SANCTIONS.-(1) In the furtherance of this thereby."

policy, the President shall apply sanctions and conSANCTIONS AGAINST SERBIA AND MONTENEGRO

trols with respect to Iran, Iraq, and those nations and

persons who assist them in acquiring weapons of mass Pub. L. 103-160, div. A, title XV, $ 1511, Nov. 30, destruction in accordance with the Foreign Assistance 1993, 107 Stat. 1839, provided that:

Act of 1961 (22 U.S.C. 2151 et seq.), the Nuclear Non"(a) CODIFICATION OF EXECUTIVE BRANCH SANC- Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), the TIONS.—The sanctions imposed on Serbia and Monte- Chemical and Biological Weapons Control and Warnegro, as in effect on the date of the enactment of this fare Elimination Act of 1991 (22 U.S.C. 5601 et seq.), Act (Nov. 30, 1993), that were imposed by or pursuant chapter 7 of the Arms Export Control Act (22 U.S.C. to the following directives of the executive branch 2797 et seq.), and other relevant statutes, regarding shall (except as provided under subsections (d) and the non-proliferation of weapons of mass destruction (e)) remain in effect until changed by law:

and the means of their delivery. (1) Executive Order 12808 of May 30, 1992 (set “(2) The President should also urgently seek the out below), as continued in effect on May 25, 1993. agreement of other nations to adopt and institute, at

"(2) Executive Order 12810 of June 5, 1992 (set out the earliest practicable date, sanctions and controls below).

comparable to those the United States is obligated to “(3) Executive Order 12831 of January 15, 1993 apply under this subsection. (set out below).

"(c) PUBLIC IDENTIFICATION.—The Congress calls on "(4) Executive Order 12846 of April 25, 1993 (set the President to identify publicly (in the report reout below).

quired by section 1607) any country or person that “(5) Department of State Public Notice 1427, effec- transfers goods or technology to Iran or Iraq contrary tive July 11, 1991.

to the policy set forth in subsection (a).

re

“(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 ferred 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 (now Committee on National Security) and Foreign Affairs (now Committee on International Relations) 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. 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 PER

SONS. “(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 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 li

cense for any export by or to the sanctioned person. "SEC. 1605. SANCTIONS AGAINST CERTAIN FOR

EIGN 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 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]), includ. ing 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.

"SEC. 1607. REPORTING REQUIREMENT.

“(a) ANNUAL REPORT.-Beginning one year after the date of the enactment of this Act (Oct. 23, 1992), and every 12 months thereafter, the President shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services (now Committee on National Security) and Foreign Affairs (now Committee on International Relations) of the House of Representatives a report detailing

“(1) all transfers or retransfers made by any person or foreign government during the preceding 12-month period which are subject to any sanction under this title; and

“(2) the actions the President intends to undertake or has undertaken pursuant to this title with respect to each such transfer.

"(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 (now Committee on National Security) and Foreign Affairs (now Committee on International Relations] 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;

“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 recog. nized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass ex

trajudicial 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.

"(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

"(i) urgent humanitarian assistance or medicine, and

"(ii) assistance under chapter 11 of part I (22 U.S.C. 2295 et seq.) (as enacted by the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (see Short Title note set out under section 5801 of Title 22, Foreign Relations and Intercourse));

"(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, $ 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 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, $ 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L. 102-136, $ 126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5, 1990.

IRAQ SANCTIONS Pub. L. 101-513, title V, 88 586-586J, 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. 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 (set out below] (August 9, 1990) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 12723 (set out 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 "SEC. 586F. DECLARATIONS REGARDING IRAQ'S sanction imposed with respect to Iraq or Kuwait LONG-STANDING VIOLATIONS OF INTERNApursuant to those Executive orders.

TIONAL LAW. "(d) RELATION TO OTHER LAWS.

"(a) IRAQ'S VIOLATIONS OF INTERNATIONAL LAW.-The "(1) SANCTIONS LEGISLATION.–The sanctions that

Congress determines thatare described in subsection (a) are in addition to, and

"(1) the Government of Iraq has demonstrated renot in lieu of the sanctions provided for in section

peated and blatant disregard for its obligations 586G of this Act or any other provision of law.

under international law by violating the Charter of “(2) NATIONAL EMERGENCIES AND UNITED NATIONS the United Nations, the Protocol for the Prohibition LEGISLATION.-Nothing in this section supersedes any

of the Use in War of Asphyxiating, Poisonous or provision of the National Emergencies Act (50 U.S.C.

Other Gases, and of Bacteriological Methods of 1601 et seq.) or any authority of the President under

Warfare (done at Geneva, June 17, 1925), as well as the International Emergency Economic Powers Act

other international treaties; (50 U.S.C. 1701 et seq.) or section 5(a) of the United

(2) the Government of Iraq is a party to the Nations Participation Act of 1945 (22 U.S.C.

International Covenant on Civil and Political Rights 287c(a)).

and the International Covenant on Economic, "SEC. 586D. COMPLIANCE WITH UNITED NA. Social, and Cultural Rights and is obligated under TIONS SANCTIONS AGAINST IRAQ.

the Covenants, as well as the Universal Declaration "(a) DENIAL OF ASSISTANCE.—None of the funds ap

of Human Rights, to respect internationally recogpropriated or otherwise made available pursuant to

nized human rights; this Act (see Tables for classification) to carry out the

"(3) the State Department's Country Reports on Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)

Human Rights Practices for 1989 again characterizes (including title IV of chapter 2 of part I [22 U.S.C.

Iraq's human rights record as 'abysmal'; 2191 et seq.), relating to the Overseas Private Invest

“(4) Amnesty International, Middle East Watch, ment Corporation) or the Arms Export Control Act

and other independent human rights organizations (22 U.S.C. 2751 et seq.) may be used to provide assist

have documented extensive, systematic, and continuance to any country that is not in compliance with the

ing human rights abuses by the Government of Iraq, United Nations Security Council sanctions against

including summary executions, mass political killIraq unless the President determines and so certifies

ings, disappearances, widespread use of torture, arbito the Congress that

trary arrests and prolonged detention without trial "(1) such assistance is in the national interest of

of thousands of political opponents, forced relocathe United States;

tion and deportation, denial of nearly all civil and "(2) such assistance will directly benefit the needy

political rights such as freedom of association, aspeople in that country; or

sembly, speech, and the press, and the imprison"(3) the assistance to be provided will be humani.

ment, torture, and execution of children; tarian assistance for foreign nationals who have fled

"(5) since 1987, the Government of Iraq has intenIraq and Kuwait.

sified its severe repression of the Kurdish minority “(b) IMPORT SANCTIONS.-If the President considers

of Iraq, deliberately destroyed more than 3,000 vilthat the taking of such action would promote the ef

lages and towns in the Kurdish regions, and forcibly fectiveness of the economic sanctions of the United

expelled more than 500,000 people, thus effectively Nations and the United States imposed with respect to

depopulating the rural areas of Iraqi Kurdistan; Iraq, and is consistent with the national interest, the

"(6) Iraq has blatantly violated international law President may prohibit, for such a period of time as he

by initiating use of chemical weapons in the Iranconsiders appropriate, the importation into the United

Iraq war; States of any or all products of any foreign country

"(7) Iraq has also violated international law by that has not prohibited

using chemical weapons against its own Kurdish citi. "(1) the importation of products of Iraq into its zens, resulting in tens of thousands of deaths and customs territory, and

more than 65,000 refugees; "(2) the export of its products to Iraq.

“(8) Iraq continues to expand its chemical weapons

capability, and President Saddam Hussein has "SEC. 586E. PENALTIES FOR VIOLATIONS OF threatened to use chemical weapons against other EMBARGO.

nations; “Notwithstanding section 206 of the International “(9) persuasive evidence exists that Iraq is developEmergency Economic Powers Act (50 U.S.C. 1705) and ing biological weapons in violation of international section 5(b) of the United Nations Participation Act of law; 1945 (22 U.S.C. 287c(b))

"(10) there are strong indications that Iraq has (1) a civil penalty of not to exceed $250,000 may taken steps to produce nuclear weapons and has atbe imposed on any person who, after the date of en- tempted to smuggle from the United States, in violaactment of this Act (Nov. 5, 1990), violates or evades tion of United States law, components for triggering or attempts to violate or evade Executive Order devices used in nuclear warheads whose manufacNumbered 12722, 12723, 12724, or 12725 (set out ture would contravene the Treaty on the Non-Prolifbelow) or any license, order, or regulation issued eration of Nuclear Weapons, to which Iraq is a under any such Executive order; and

party; and “(2) whoever, after the date of enactment of this "(11) Iraqi President Saddam Hussein has threatAct, willfully violates or evades or attempts to vio- ened to use terrorism against other nations in violalate or evade Executive Order Numbered 12722, tion of international law and has increased Iraq's 12723, 12724, or 12725 or any license, order, or regu- support for the Palestine Liberation Organization lation issued under any such Executive order

and other Palestinian groups that have conducted (A) shall, upon conviction, be fined not more terrorist acts. than $1,000,000, if a person other than a natural "(b) HUMAN RIGHTS VIOLATIONS.—The Congress deperson; or

termines that the Government of Iraq is engaged in a "(B) if a natural person, shall, upon conviction, consistent pattern of gross violations of internationalbe fined not more than $1,000,000, be imprisoned ly recognized human rights. All provisions of law that for not more than 12 years, or both.

impose sanctions against a country whose government Any officer, director, or agent of any corporation who is engaged in a consistent pattern of gross violations of knowingly participates in a violation, evasion, or at- internationally recognized human rights shall be fully tempt described in paragraph (2) may be punished by enforced against Iraq. imposition of the fine or imprisonment (or both) speci- "(c) SUPPORT FOR INTERNATIONAL TERRORISM.--(1) fied in subparagraph (B) of that paragraph.

The Congress determines that Iraq is a country which

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