106th CONGRESS
2d Session
H. R. 1064
AN ACT
To authorize a coordinated program to promote the development of
democracy in Serbia and Montenegro.
HR 1064 EH
106th CONGRESS
2d Session
H. R. 1064
AN ACT
To authorize a coordinated program to promote the development of
democracy in Serbia and Montenegro.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Serbia Democratization
Act of
2000'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SUPPORT FOR THE DEMOCRATIC FORCES
Sec. 101. Findings and policy.
Sec. 102. Assistance to promote democracy and civil society in
Yugoslavia.
Sec. 103. Authority for radio and television broadcasting.
Sec. 104. Development of political contacts relating to the Republic of
Serbia and the Republic of Montenegro.
TITLE II--ASSISTANCE TO THE VICTIMS OF OPPRESSION
Sec. 201. Findings.
Sec. 202. Sense of the Congress.
Sec. 203. Assistance.
TITLE III--`OUTER WALL' SANCTIONS
Sec. 301. `Outer Wall' sanctions.
Sec. 302. International financial institutions not in compliance with
`Outer
Wall' sanctions.
TITLE IV--OTHER MEASURES AGAINST YUGOSLAVIA
Sec. 401. Blocking assets in the United States.
Sec. 402. Suspension of entry into the United States.
Sec. 403. Prohibition on strategic exports to Yugoslavia.
Sec. 404. Prohibition on loans and investment.
Sec. 405. Prohibition of military-to-military cooperation.
Sec. 406. Multilateral sanctions.
Sec. 407. Exemptions.
Sec. 408. Waiver; termination of measures against Yugoslavia.
Sec. 409. Statutory construction.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. International Criminal Tribunal for the former Yugoslavia.
Sec. 502. Sense of the Congress with respect to ethnic Hungarians of
Vojvodina.
Sec. 503. Ownership and use of diplomatic and consular properties.
Sec. 504. Transition assistance.
SEC. 2. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign Relations of
the
Senate and the Committee on International Relations of the House of
Representatives.
(2) COMMERCIAL EXPORT- The term `commercial export' means the sale of an
agricultural commodity, medicine, or medical equipment by a United
States
seller to a foreign buyer in exchange for cash payment on market terms
without benefit of concessionary financing, export subsidies, government
or
government-backed credits or other nonmarket financing arrangements.
(3) INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA OR
TRIBUNAL-
The term `International Criminal Tribunal for the former Yugoslavia' or
the
`Tribunal' means the International Tribunal for the Prosecution of
Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia Since 1991, as
established by United Nations Security Council Resolution 827 of May 25,
1993.
(4) YUGOSLAVIA- The term `Yugoslavia' means the so-called Federal
Republic
of Yugoslavia (Serbia and Montenegro), and the term `Government of
Yugoslavia' means the central government of Yugoslavia.
TITLE I--SUPPORT FOR THE DEMOCRATIC FORCES
SEC. 101. FINDINGS AND POLICY.
(a) FINDINGS- Congress finds the following:
(1) The President of Yugoslavia, Slobodan Milosevic, has consistently
engaged in undemocratic methods of governing.
(2) Yugoslavia has passed and implemented a law strictly limiting
freedom of
the press and has acted to intimidate and prevent independent media from
operating inside Yugoslavia.
(3) Although the Yugoslav and Serbian constitutions provide for the
right of
citizens to change their government, citizens of Serbia in practice are
prevented from exercising that right by the Milosevic regime's
domination of
the mass media and manipulation of the electoral process.
(4) The Yugoslav and Serbian governments have orchestrated attacks on
academics at institutes and universities throughout the country in an
effort
to prevent the dissemination of opinions that differ from official state
propaganda.
(5) The Yugoslav and Serbian governments hinder the formation of
nonviolent,
democratic opposition through restrictions on freedom of assembly and
association.
(6) The Yugoslav and Serbian governments use control and intimidation to
control the judiciary and manipulate the country's legal framework to
suit
the regime's immediate political interests.
(7) The Government of Serbia and the Government of Yugoslavia, under the
direction of President Milosevic, have obstructed the efforts of the
Government of Montenegro to pursue democratic and free-market policies.
(8) At great risk, the Government of Montenegro has withstood efforts by
President Milosevic to interfere with its government.
(9) The people of Serbia who do not endorse the undemocratic actions of
the
Milosevic government should not be the target of criticism that is
rightly
directed at the Milosevic regime.
(b) POLICY; SENSE OF THE CONGRESS-
(1) POLICY- It is the policy of the United States to encourage the
development of a government in Yugoslavia based on democratic principles
and
the rule of law and that respects internationally recognized human
rights.
(2) SENSE OF THE CONGRESS- It is the sense of the Congress that--
(A) the United States should actively support the democratic forces in
Yugoslavia, including political parties and independent trade unions, to
develop a legitimate and viable alternative to the Milosevic regime;
(B) all United States Government officials, including individuals from
the
private sector acting on behalf of the United States Government, should
meet
regularly with representatives of democratic forces in Yugoslavia and
minimize to the extent practicable any direct contacts with officials of
the
Yugoslav or Serbian governments, and not meet with any individual
indicted
by the International Criminal Tribunal for the former Yugoslavia,
particularly President Slobodan Milosevic; and
(C) the United States should emphasize to all political leaders in
Yugoslavia the importance of respecting internationally recognized human
rights for all individuals residing in Yugoslavia.
SEC. 102. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN
YUGOSLAVIA.
(a) ASSISTANCE FOR THE SERBIAN DEMOCRATIC FORCES-
(1) PURPOSE OF ASSISTANCE- The purpose of assistance under this
subsection
is to promote and strengthen institutions of democratic government and
the
growth of an independent civil society in Serbia, including ethnic
tolerance
and respect for internationally recognized human rights.
(2) AUTHORIZATION FOR ASSISTANCE- To carry out the purpose of paragraph
(1),
the President is authorized to furnish assistance and other support for
the
activities described in paragraph (3).
(3) ACTIVITIES SUPPORTED- Activities that may be supported by assistance
under paragraph (2) include the following:
(A) Democracy building.
(B) The development of nongovernmental organizations.
(C) The development of independent Serbian media.
(D) The development of the rule of law, to include a strong, independent
judiciary, the impartial administration of justice, and transparency in
political practices.
(E) International exchanges and advanced professional training programs
in
skill areas central to the development of civil society and a market
economy.
(F) The development of all elements of the democratic process, including
political parties and the ability to administer free and fair elections.
(G) The development of local governance.
(H) The development of a free-market economy.
(4) AUTHORIZATION OF APPROPRIATIONS-
(A) IN GENERAL- There is authorized to be appropriated to the President
$50,000,000 for the period beginning October 1, 2000, and ending
September
30, 2001, to be made available for activities in support of the
democratization of the Republic of Serbia (excluding Kosovo) pursuant to
this subsection.
(B) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to subparagraph
(A)
are authorized to remain available until expended.
(b) PROHIBITION ON ASSISTANCE TO GOVERNMENT OF YUGOSLAVIA OR OF SERBIA-
In
carrying out subsection (a), the President should take all necessary
steps
to ensure that no funds or other assistance is provided to the
Government of
Yugoslavia or to the Government of Serbia, except for purposes permitted
under this title.
(c) ASSISTANCE TO GOVERNMENT OF MONTENEGRO-
(1) IN GENERAL- The President may provide assistance to the Government
of
Montenegro, unless the President determines, and so reports to the
appropriate congressional committees, that the leadership of the
Government
of Montenegro is not committed to, or is not taking steps to promote,
democratic principles, the rule of law, or respect for internationally
recognized human rights.
(2) AUTHORIZATION OF APPROPRIATIONS- Unless the President makes the
determination, and so reports to the appropriate congressional
committees,
under paragraph (1), there is authorized to be appropriated to the
President
$55,000,000 for the period beginning October 1, 2000, and ending
September
30, 2001, to be made available for activities for or in the Republic of
Montenegro for purposes described in subsection (a), as well as to
support
ongoing political and economic reforms, and economic stabilization in
support of democratization.
SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROADCASTING.
(a) IN GENERAL- The Broadcasting Board of Governors shall further the
open
communication of information and ideas through the increased use of
radio
and television broadcasting to Yugoslavia in both the Serbo-Croatian and
Albanian languages.
(b) IMPLEMENTATION- Radio and television broadcasting under subsection
(a)
shall be carried out by the Voice of America and, in addition, radio
broadcasting under that subsection shall be carried out by RFE/RL,
Incorporated. Subsection (a) shall be carried out in accordance with all
the
respective Voice of America and RFE/RL, Incorporated, standards to
ensure
that radio and television broadcasting to Yugoslavia serves as a
consistently reliable and authoritative source of accurate, objective,
and
comprehensive news.
(c) STATUTORY CONSTRUCTION- The implementation of subsection (a) may not
be
construed as a replacement for the strengthening of indigenous
independent
media called for in section 102(a)(3)(C). To the maximum extent
practicable,
the two efforts (strengthening independent media and increasing
broadcasts
into Serbia) shall be carried out in such a way that they mutually
support
each other.
SEC. 104. DEVELOPMENT OF POLITICAL CONTACTS RELATING TO THE REPUBLIC OF
SERBIA AND THE REPUBLIC OF MONTENEGRO.
(a) SENSE OF THE CONGRESS- It is the sense of the Congress that
political
contacts between United States officials and those individuals who, in
an
official or unofficial capacity, represent a genuine desire for
democratic
governance in the Republic of Serbia and the Republic of Montenegro
should
be developed through regular and well publicized meetings.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated
to the Secretary of State $350,000 for fiscal year 2001 for a voluntary
contribution to the Organization for Security and Cooperation in Europe
(OSCE) and the OSCE Parliamentary Assembly--
(1) to facilitate contacts by those who, in an official or unofficial
capacity, represent a genuine desire for democratic governance in the
Republic of Serbia and the Republic of Montenegro, with their
counterparts
in other countries; and
(2) to encourage the development of a multilateral effort to promote
democracy in the Republic of Serbia and the Republic of Montenegro.
TITLE II--ASSISTANCE TO THE VICTIMS OF OPPRESSION
SEC. 201. FINDINGS.
Congress finds the following:
(1) Beginning in February 1998 and ending in June 1999, the armed forces
of
Yugoslavia and the Serbian Interior Ministry police force engaged in a
brutal crackdown against the ethnic Albanian population in Kosovo.
(2) As a result of the attack by Yugoslav and Serbian forces against the
Albanian population of Kosovo, more than 10,000 individuals were killed
and
1,500,000 individuals were displaced from their homes.
(3) The majority of the individuals displaced by the conflict in Kosovo
was
left homeless or was forced to find temporary shelter in Kosovo or
outside
the country.
(4) The activities of the Yugoslav armed forces and the police force of
the
Serbian Interior Ministry resulted in the widespread destruction of
agricultural crops, livestock, and property, as well as the poisoning of
wells and water supplies, and the looting of humanitarian goods provided
by
the international community.
SEC. 202. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the Government of Yugoslavia and the Government of Serbia bear
responsibility to the victims of the conflict in Kosovo, including
refugees
and internally displaced persons, and for property damage in Kosovo;
(2) under the direction of President Milosevic, neither the Government
of
Yugoslavia nor the Government of Serbia provided the resources to assist
innocent, civilian victims of oppression in Kosovo; and
(3) because neither the Government of Yugoslavia nor the Government of
Serbia fulfilled the responsibilities of a sovereign government toward
the
people in Kosovo, the international community offers the only recourse
for
humanitarian assistance to victims of oppression in Kosovo.
SEC. 203. ASSISTANCE.
(a) AUTHORITY- The President is authorized to furnish assistance under
section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and
the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.),
as
appropriate, for--
(1) relief, rehabilitation, and reconstruction in Kosovo; and
(2) refugees and persons displaced by the conflict in Kosovo.
(b) PROHIBITION- No assistance may be provided under this section to any
organization that has been designated as a foreign terrorist
organization
under section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(c) USE OF ECONOMIC SUPPORT FUNDS- Any funds that have been allocated
under
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346
et seq.) for assistance described in subsection (a) may be used in
accordance with the authority of that subsection.
TITLE III--`OUTER WALL' SANCTIONS
SEC. 301. `OUTER WALL' SANCTIONS.
(a) APPLICATION OF MEASURES- The sanctions described in subsections (c)
through (g) shall apply with respect to Yugoslavia until the President
determines and certifies to the appropriate congressional committees
that
the Government of Yugoslavia has made significant progress in meeting
the
conditions described in subsection (b).
(b) CONDITIONS- The conditions referred to in subsection (a) are the
following:
(1) Agreement on a lasting settlement in Kosovo.
(2) Compliance with the General Framework Agreement for Peace in Bosnia
and
Herzegovina.
(3) Implementation of internal democratic reform.
(4) Settlement of all succession issues with the other republics that
emerged from the break-up of the Socialist Federal Republic of
Yugoslavia.
(5) Cooperation with the International Criminal Tribunal for the former
Yugoslavia, including the transfer to The Hague of all individuals in
Yugoslavia indicted by the Tribunal.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS- The Secretary of the Treasury
shall instruct the United States executive directors of the
international
financial institutions to oppose, and vote against, any extension by
those
institutions of any financial assistance (including any technical
assistance
or grant) of any kind to the Government of Yugoslavia.
(d) ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE- The Secretary
of
State should instruct the United States Ambassador to the Organization
for
Security and Cooperation in Europe (OSCE) to oppose and block any
consensus
to allow the participation of Yugoslavia in the OSCE or any organization
affiliated with the OSCE.
(e) UNITED NATIONS- The Secretary of State should instruct the United
States
Permanent Representative to the United Nations--
(1) to oppose and vote against any resolution in the United Nations
Security
Council to admit Yugoslavia to the United Nations or any organization
affiliated with the United Nations; and
(2) to actively oppose and, if necessary, veto any proposal to allow
Yugoslavia to assume the membership of the former Socialist Federal
Republic
of Yugoslavia in the United Nations General Assembly or any other
organization affiliated with the United Nations.
(f) NATO- The Secretary of State should instruct the United States
Permanent
Representative to the North Atlantic Council to oppose and vote against
the
extension to Yugoslavia of membership or participation in the
Partnership
for Peace program or any other organization affiliated with NATO.
(g) SOUTHEAST EUROPEAN COOPERATION INITIATIVE- The Secretary of State
should
instruct the United States Representatives to the Southeast European
Cooperation Initiative (SECI) to actively oppose the participation of
Yugoslavia in SECI.
(h) SENSE OF THE CONGRESS- It is the sense of the Congress that--
(1) the President should not restore full diplomatic relations with
Yugoslavia until the President has determined and so reported to the
appropriate congressional committees that the Government of Yugoslavia
has
met the conditions described in subsection (b); and
(2) the President should encourage all other European countries to
diminish
their level of diplomatic relations with Yugoslavia.
(i) INTERNATIONAL FINANCIAL INSTITUTION DEFINED- In this section, the
term
`international financial institution' includes the International
Monetary
Fund, the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and the
European
Bank for Reconstruction and Development.
SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT IN COMPLIANCE WITH
`OUTER WALL' SANCTIONS.
It is the sense of the Congress that, if any international financial
institution (as defined in section 301(i)) approves a loan or other
financial assistance to the Government of Yugoslavia over the opposition
of
the United States, then the Secretary of the Treasury should withhold
from
payment of the United States share of any increase in the paid-in
capital of
such institution an amount equal to the amount of the loan or other
assistance.
TITLE IV--OTHER MEASURES AGAINST YUGOSLAVIA
SEC. 401. BLOCKING ASSETS IN THE UNITED STATES.
(a) BLOCKING OF ASSETS- All property and interests in property,
including
all commercial, industrial, or public utility undertakings or entities,
of
or in the name of the Government of Serbia or the Government of
Yugoslavia
that are in the United States, that come within the United States, or
that
are or come within the possession or control of United States persons,
including their overseas branches, are blocked.
(b) PROHIBITED TRANSFERS- Payments or transfers of any property or any
transactions involving the transfer of anything of economic value by any
United States person to the Government of Serbia, the Government of
Yugoslavia, or any person or entity acting for or on behalf of, or owned
or
controlled, directly or indirectly, by any of those governments,
persons, or
entities, are prohibited.
(c) EXERCISE OF AUTHORITIES- The Secretary of the Treasury, in
consultation
with the Secretary of State, shall take such actions, including the
promulgation of regulations, orders, directives, rulings, instructions,
and
licenses, and employ all powers granted to the President by the
International Emergency Economic Powers Act, as may be necessary to
carry
out the purposes of this section, including, but not limited to, taking
such
steps as may be necessary to continue in effect the measures contained
in
Executive Order No. 13088 of June 9, 1998, and Executive Order No. 13121
of
April 30, 1999, and any rule, regulation, license, or order issued
thereunder.
(d) PAYMENT OF EXPENSES- All expenses incident to the blocking and
maintenance of property blocked under subsection (a) shall be charged to
the
owners or operators of such property, and expenses shall not be paid for
from blocked funds.
(e) PROHIBITIONS- The following are prohibited:
(1) Any transaction within the United States or by a United States
person
relating to any vessel in which a majority or controlling interest is
held
by a person or entity in, or operating from, Serbia, regardless of the
flag
under which the vessel sails.
(2)(A) The exportation to Serbia or to any entity operated from Serbia
or
owned and controlled by the Government of Serbia or the Government of
Yugoslavia, directly or indirectly, of any goods, software technology,
or
services, either--
(i) from the United States;
(ii) requiring the issuance of a license by a Federal agency; or
(iii) involving the use of United States registered vessels or aircraft.
(B) Any activity that promotes or is intended to promote exportation
described in subparagraph (A).
(3)(A) Any dealing by a United States person in--
(i) property exported from Serbia; or
(ii) property intended for exportation from Serbia to any country or
exportation to Serbia from any country.
(B) Any activity of any kind that promotes or is intended to promote any
dealing described in subparagraph (A).
(4) The performance by any United States person of any contract,
including a
financing contract, in support of an industrial, commercial, public
utility,
or governmental project in Serbia.
(f) EXCEPTIONS- Nothing in this section shall apply to--
(1) assistance provided under section 102 or section 203 of this Act; or
(2) information or informational materials described in section
203(b)(3) of
the International Emergency Economic Powers Act.
(g) DEFINITION- In this section, the term `United States person' means
any
United States citizen, any alien lawfully admitted for permanent
residence
within the United States, any entity organized under the laws of the
United
States (including foreign branches), or any person in the United States.
SEC. 402. SUSPENSION OF ENTRY INTO THE UNITED STATES.
(a) PROHIBITION- The President shall use his authority under section
212(f)
of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to suspend the
entry into the United States of any alien who--
(1) holds a position in the senior leadership of the Government of
Yugoslavia or the Government of Serbia; or
(2) is a spouse, minor child, or agent of a person inadmissible under
paragraph (1).
(b) SENIOR LEADERSHIP DEFINED- In subsection (a)(1), the term `senior
leadership'--
(1) includes--
(A) the President, Prime Minister, Deputy Prime Ministers, and
government
ministers of Yugoslavia;
(B) the Governor of the National Bank of Yugoslavia; and
(C) the President, Prime Minister, Deputy Prime Ministers, and
government
ministers of the Republic of Serbia; and
(2) does not include the President, Prime Minister, Deputy Prime
Ministers,
and government ministers of the Republic of Montenegro.
SEC. 403. PROHIBITION ON STRATEGIC EXPORTS TO YUGOSLAVIA.
(a) PROHIBITION- No computers, computer software, or goods or technology
intended to manufacture or service computers may be exported to or for
use
by the Government of Yugoslavia or by the Government of Serbia, or by
any of
the following entities of either government:
(1) The military.
(2) The police.
(3) The prison system.
(4) The national security agencies.
(b) STATUTORY CONSTRUCTION- Nothing in this section shall prevent the
issuance of licenses to ensure the safety of civil aviation and safe
operation of United States-origin commercial passenger aircraft and to
ensure the safety of ocean-going maritime traffic in international
waters.
SEC. 404. PROHIBITION ON LOANS AND INVESTMENT.
(a) UNITED STATES GOVERNMENT FINANCING- No loan, credit guarantee,
insurance, financing, or other similar financial assistance may be
extended
by any agency of the United States Government (including the
Export-Import
Bank and the Overseas Private Investment Corporation) to the Government
of
Yugoslavia or the Government of Serbia.
(b) TRADE AND DEVELOPMENT AGENCY- No funds made available by law may be
available for activities of the Trade and Development Agency in or for
Serbia.
(c) THIRD COUNTRY ACTION- The Secretary of State is urged to encourage
all
other countries, particularly European countries, to suspend any of
their
own programs providing support similar to that described in subsection
(a)
or (b) to the Government of Yugoslavia or the Government of Serbia,
including by rescheduling repayment of the indebtedness of either
government
under more favorable conditions.
(d) PROHIBITION ON PRIVATE CREDITS-
(1) IN GENERAL- Except as provided in paragraph (2), no national of the
United States may make or approve any loan or other extension of credit,
directly or indirectly, to the Government of Yugoslavia or to the
Government
of Serbia or to any corporation, partnership, or other organization that
is
owned or controlled by either the Government of Yugoslavia or the
Government
of Serbia.
(2) EXCEPTION- Paragraph (1) shall not apply to a loan or extension of
credit for any housing, education, or humanitarian benefit to assist the
victims of oppression in Kosovo.
SEC. 405. PROHIBITION OF MILITARY-TO-MILITARY COOPERATION.
The United States Government (including any agency or entity of the
United
States) shall not provide assistance under the Foreign Assistance Act of
1961 or the Arms Export Control Act (including the provision of Foreign
Military Financing under section 23 of the Arms Export Control Act or
international military education and training under chapter 5 of part II
of
the Foreign Assistance Act of 1961) or provide any defense articles or
defense services under those Acts, to the armed forces of the Government
of
Yugoslavia or of the Government of Serbia.
SEC. 406. MULTILATERAL SANCTIONS.
It is the sense of the Congress that the President should continue to
seek
to coordinate with other countries, particularly European countries, a
comprehensive, multilateral strategy to further the purposes of this
title,
including, as appropriate, encouraging other countries to take measures
similar to those described in this title.
SEC. 407. EXEMPTIONS.
(a) EXEMPTION FOR KOSOVO- None of the restrictions imposed by this Act
shall
apply with respect to Kosovo, including with respect to governmental
entities or administering authorities or the people of Kosovo.
(b) EXEMPTION FOR MONTENEGRO- None of the restrictions imposed by this
Act
shall apply with respect to Montenegro, including with respect to
governmental entities of Montenegro, unless the President determines and
so
certifies to the appropriate congressional committees that the
leadership of
the Government of Montenegro is not committed to, or is not taking steps
to
promote, democratic principles, the rule of law, or respect for
internationally recognized human rights.
SEC. 408. WAIVER; TERMINATION OF MEASURES AGAINST YUGOSLAVIA.
(a) GENERAL WAIVER AUTHORITY- Except as provided in subsection (b), the
requirement to impose any measure under this Act may be waived for
successive periods not to exceed 12 months each, and the President may
provide assistance in furtherance of this Act notwithstanding any other
provision of law, if the President determines and so certifies to the
appropriate congressional committees in writing 15 days in advance of
the
implementation of any such waiver that--
(1) it is important to the national interest of the United States; or
(2) significant progress has been made in Yugoslavia in establishing a
government based on democratic principles and the rule of law, and that
respects internationally recognized human rights.
(b) EXCEPTION- The President may implement the waiver under subsection
(a)
for successive periods not to exceed 3 months each without the 15 day
advance notification under that subsection--
(1) if the President determines that exceptional circumstances require
the
implementation of such waiver; and
(2) the President immediately notifies the appropriate congressional
committees of his determination.
(c) TERMINATION OF RESTRICTIONS- The restrictions imposed by this title
shall be terminated if the President determines and so certifies to the
appropriate congressional committees that the Government of Yugoslavia
is a
government that is committed to democratic principles and the rule of
law,
and that respects internationally recognized human rights.
SEC. 409. STATUTORY CONSTRUCTION.
(a) IN GENERAL- None of the restrictions or prohibitions contained in
this
Act shall be construed to limit humanitarian assistance (including the
provision of food and medicine), or the commercial export of
agricultural
commodities or medicine and medical equipment, to Yugoslavia.
(b) SPECIAL RULE- Nothing in subsection (a) shall be construed to permit
the
export of an agricultural commodity or medicine that could contribute to
the
development of a chemical or biological weapon.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA.
(a) FINDINGS- Congress finds the following:
(1) United Nations Security Council Resolution 827, which was adopted
May
25, 1993, established the International Criminal Tribunal for the former
Yugoslavia to prosecute persons responsible for serious violations of
international humanitarian law committed in the territory of the former
Yugoslavia since January 1, 1991.
(2) United Nations Security Council Resolution 827 requires full
cooperation
by all countries with the Tribunal, including the obligation of
countries to
comply with requests of the Tribunal for assistance or orders.
(3) The Government of Yugoslavia has disregarded its international
obligations with regard to the Tribunal, including its obligation to
transfer or facilitate the transfer to the Tribunal of any person on the
territory of Yugoslavia who has been indicted for war crimes or other
crimes
against humanity under the jurisdiction of the Tribunal.
(4) The Government of Yugoslavia publicly rejected the Tribunal's
jurisdiction over events in Kosovo and has impeded the investigation of
representatives from the Tribunal, including denying those
representatives
visas for entry into Yugoslavia, in their efforts to gather information
about alleged crimes against humanity in Kosovo under the jurisdiction
of
the Tribunal.
(5) The Tribunal has indicted President Slobodan Milosevic for--
(A) crimes against humanity, specifically murder, deportations, and
persecutions; and
(B) violations of the laws and customs of war.
(b) POLICY- It shall be the policy of the United States to support fully
and
completely the investigation of President Slobodan Milosevic by the
International Criminal Tribunal for the former Yugoslavia for genocide,
crimes against humanity, war crimes, and grave breaches of the Geneva
Convention.
(c) SENSE OF THE CONGRESS- Subject to subsection (b), it is the sense of
the
Congress that the United States Government should gather all information
that the intelligence community (as defined in section 3(4) of the
National
Security Act of 1947 (50 U.S.C. 401a(4)) collects or has collected to
support an investigation of President Slobodan Milosevic for genocide,
crimes against humanity, war crimes, and grave breaches of the Geneva
Convention by the International Criminal Tribunal for the former
Yugoslavia
(ICTY) and that the Department of State should provide all appropriate
information to the Office of the Prosecutor of the ICTY under procedures
established by the Director of Central Intelligence that are necessary
to
ensure adequate protection of intelligence sources and methods.
(d) REPORT TO CONGRESS- Not less than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for the succeeding
5-year period, the President shall submit a report, in classified form
if
necessary, to the appropriate congressional committees that describes
the
information that was provided by the Department of State to the Office
of
the Prosecutor of the International Criminal Tribunal for the former
Yugoslavia for the purposes of subsection (c).
SEC. 502. SENSE OF THE CONGRESS WITH RESPECT TO ETHNIC HUNGARIANS OF
VOJVODINA.
(a) FINDINGS- Congress finds that--
(1) approximately 350,000 ethnic Hungarians, as well as several other
minority populations, reside in the province of Vojvodina, part of
Serbia,
in traditional settlements in existence for centuries;
(2) this community has taken no side in any of the Balkan conflicts
since
1990, but has maintained a consistent position of nonviolence, while
seeking
to protect its existence through the meager opportunities afforded under
the
existing political system;
(3) the Serbian leadership deprived Vojvodina of its autonomous status
at
the same time as it did the same to the province of Kosovo;
(4) this population is subject to continuous harassment, intimidation,
and
threatening suggestions that they leave the land of their ancestors; and
(5) during the past 10 years this form of ethnic cleansing has already
driven 50,000 ethnic Hungarians and members of other minority
communities
out of the province of Vojvodina.
(b) SENSE OF THE CONGRESS- It is the sense of the Congress that the
President should--
(1) condemn harassment, threats, and intimidation against any ethnic
group
in Yugoslavia as the usual precursor of violent ethnic cleansing;
(2) express deep concern over the reports on recent threats,
intimidation,
and even violent incidents against the ethnic Hungarian inhabitants of
the
province of Vojvodina;
(3) call on the Secretary of State to regularly monitor the situation of
the
Hungarian ethnic group in Vojvodina; and
(4) call on the NATO allies of the United States, during any negotiation
on
the future status of Kosovo, also to pay substantial attention to
establishing satisfactory guarantees for the rights of the people of
Vojvodina, and, in particular, of the ethnic minorities in the province.
SEC. 503. OWNERSHIP AND USE OF DIPLOMATIC AND CONSULAR PROPERTIES.
(a) FINDINGS- Congress finds the following:
(1) The international judicial system, as currently structured, lacks
fully
effective remedies for the wrongful confiscation of property and for
unjust
enrichment from the use of wrongfully confiscated property by
governments
and private entities at the expense of the rightful owners of the
property.
(2) Since the dissolution of the Socialist Federal Republic of
Yugoslavia
until March and June 1999, when the United States Government took
custody,
the Government of Yugoslavia exclusively used, and benefited from the
use
of, properties located in the United States that were owned by the
Socialist
Federal Republic of Yugoslavia.
(3) Until the United States Government took custody, the Governments of
Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of
Macedonia,
and Slovenia were blocked by the Government of Yugoslavia from using, or
benefiting from the use of, any property located in the United States
that
was previously owned by the Socialist Federal Republic of Yugoslavia.
(4) The occupation and use by officials of Yugoslavia of that property
without prompt, adequate, and effective compensation under the
applicable
principles of international law to the Governments of Bosnia and
Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, and
Slovenia is unjust and unreasonable.
(b) POLICY ON NEGOTIATIONS REGARDING PROPERTIES- It is the policy of the
United States to insist that the Government of Yugoslavia has a
responsibility to, and should, actively and cooperatively engage in good
faith negotiations with the Governments of Bosnia and Herzegovina,
Croatia,
the Former Yugoslav Republic of Macedonia, and Slovenia for resolution
of
the outstanding property issues resulting from the dissolution of the
Socialist Federal Republic of Yugoslavia, including the disposition of
the
following properties located in the United States:
(1) 2222 Decatur Street, NW, Washington, DC.
(2) 2410 California Street, NW, Washington, DC.
(3) 1907 Quincy Street, NW, Washington, DC.
(4) 3600 Edmonds Street, NW, Washington, DC.
(5) 2221 R Street, NW, Washington, DC.
(6) 854 Fifth Avenue, New York, NY.
(7) 730 Park Avenue, New York, NY.
(c) SENSE OF THE CONGRESS ON RETURN OF PROPERTIES- It is the sense of
the
Congress that, if the Government of Yugoslavia refuses to engage in good
faith negotiations on the status of the properties listed in subsection
(b),
the President should take steps to ensure that the interests of the
Governments of Bosnia and Herzegovina, Croatia, the Former Yugoslav
Republic
of Macedonia, and Slovenia are protected in accordance with
international
law.
SEC. 504. TRANSITION ASSISTANCE.
(a) SENSE OF THE CONGRESS- It is the sense of the Congress that once the
regime of President Slobodan Milosevic has been replaced by a government
that is committed to democratic principles and the rule of law, and that
respects internationally recognized human rights, the President of the
United States should support the transition to democracy in Yugoslavia
by
providing immediate and substantial assistance, including facilitating
its
integration into international organizations.
(b) AUTHORIZATION OF ASSISTANCE- The President is authorized to furnish
assistance to Yugoslavia if he determines, and so certifies to the
appropriate congressional committees that the Government of Yugoslavia
is
committed to democratic principles and the rule of law and respects
internationally recognized human rights.
(c) REPORT TO CONGRESS-
(1) DEVELOPMENT OF PLAN- The President shall develop a plan for
providing
assistance to Yugoslavia in accordance with this section. Such
assistance
would be provided at such time as the President determines that the
Government of Yugoslavia is committed to democratic principles and the
rule
of law and respects internationally recognized human rights.
(2) STRATEGY- The plan developed under paragraph (1) shall include a
strategy for distributing assistance to Yugoslavia under the plan.
(3) DIPLOMATIC EFFORTS- The President shall take the necessary steps--
(A) to seek to obtain the agreement of other countries and international
financial institutions and other multilateral organizations to provide
assistance to Yugoslavia after the President determines that the
Government
of Yugoslavia is committed to democratic principles, the rule of law,
and
that respects internationally recognized human rights; and
(B) to work with such countries, institutions, and organizations to
coordinate all such assistance programs.
(4) COMMUNICATION OF PLAN- The President shall take the necessary steps
to
communicate to the people of Yugoslavia the plan for assistance
developed
under this section.
(5) REPORT- Not later than 120 days after the date of the enactment of
this
Act, the President shall transmit to the appropriate congressional
committees a report describing in detail the plan required to be
developed
by paragraph (1).
Passed the House of Representatives September 25, 2000.
Attest:
Clerk.
END
2d Session
H. R. 1064
AN ACT
To authorize a coordinated program to promote the development of
democracy in Serbia and Montenegro.
HR 1064 EH
106th CONGRESS
2d Session
H. R. 1064
AN ACT
To authorize a coordinated program to promote the development of
democracy in Serbia and Montenegro.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Serbia Democratization
Act of
2000'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SUPPORT FOR THE DEMOCRATIC FORCES
Sec. 101. Findings and policy.
Sec. 102. Assistance to promote democracy and civil society in
Yugoslavia.
Sec. 103. Authority for radio and television broadcasting.
Sec. 104. Development of political contacts relating to the Republic of
Serbia and the Republic of Montenegro.
TITLE II--ASSISTANCE TO THE VICTIMS OF OPPRESSION
Sec. 201. Findings.
Sec. 202. Sense of the Congress.
Sec. 203. Assistance.
TITLE III--`OUTER WALL' SANCTIONS
Sec. 301. `Outer Wall' sanctions.
Sec. 302. International financial institutions not in compliance with
`Outer
Wall' sanctions.
TITLE IV--OTHER MEASURES AGAINST YUGOSLAVIA
Sec. 401. Blocking assets in the United States.
Sec. 402. Suspension of entry into the United States.
Sec. 403. Prohibition on strategic exports to Yugoslavia.
Sec. 404. Prohibition on loans and investment.
Sec. 405. Prohibition of military-to-military cooperation.
Sec. 406. Multilateral sanctions.
Sec. 407. Exemptions.
Sec. 408. Waiver; termination of measures against Yugoslavia.
Sec. 409. Statutory construction.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. International Criminal Tribunal for the former Yugoslavia.
Sec. 502. Sense of the Congress with respect to ethnic Hungarians of
Vojvodina.
Sec. 503. Ownership and use of diplomatic and consular properties.
Sec. 504. Transition assistance.
SEC. 2. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign Relations of
the
Senate and the Committee on International Relations of the House of
Representatives.
(2) COMMERCIAL EXPORT- The term `commercial export' means the sale of an
agricultural commodity, medicine, or medical equipment by a United
States
seller to a foreign buyer in exchange for cash payment on market terms
without benefit of concessionary financing, export subsidies, government
or
government-backed credits or other nonmarket financing arrangements.
(3) INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA OR
TRIBUNAL-
The term `International Criminal Tribunal for the former Yugoslavia' or
the
`Tribunal' means the International Tribunal for the Prosecution of
Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia Since 1991, as
established by United Nations Security Council Resolution 827 of May 25,
1993.
(4) YUGOSLAVIA- The term `Yugoslavia' means the so-called Federal
Republic
of Yugoslavia (Serbia and Montenegro), and the term `Government of
Yugoslavia' means the central government of Yugoslavia.
TITLE I--SUPPORT FOR THE DEMOCRATIC FORCES
SEC. 101. FINDINGS AND POLICY.
(a) FINDINGS- Congress finds the following:
(1) The President of Yugoslavia, Slobodan Milosevic, has consistently
engaged in undemocratic methods of governing.
(2) Yugoslavia has passed and implemented a law strictly limiting
freedom of
the press and has acted to intimidate and prevent independent media from
operating inside Yugoslavia.
(3) Although the Yugoslav and Serbian constitutions provide for the
right of
citizens to change their government, citizens of Serbia in practice are
prevented from exercising that right by the Milosevic regime's
domination of
the mass media and manipulation of the electoral process.
(4) The Yugoslav and Serbian governments have orchestrated attacks on
academics at institutes and universities throughout the country in an
effort
to prevent the dissemination of opinions that differ from official state
propaganda.
(5) The Yugoslav and Serbian governments hinder the formation of
nonviolent,
democratic opposition through restrictions on freedom of assembly and
association.
(6) The Yugoslav and Serbian governments use control and intimidation to
control the judiciary and manipulate the country's legal framework to
suit
the regime's immediate political interests.
(7) The Government of Serbia and the Government of Yugoslavia, under the
direction of President Milosevic, have obstructed the efforts of the
Government of Montenegro to pursue democratic and free-market policies.
(8) At great risk, the Government of Montenegro has withstood efforts by
President Milosevic to interfere with its government.
(9) The people of Serbia who do not endorse the undemocratic actions of
the
Milosevic government should not be the target of criticism that is
rightly
directed at the Milosevic regime.
(b) POLICY; SENSE OF THE CONGRESS-
(1) POLICY- It is the policy of the United States to encourage the
development of a government in Yugoslavia based on democratic principles
and
the rule of law and that respects internationally recognized human
rights.
(2) SENSE OF THE CONGRESS- It is the sense of the Congress that--
(A) the United States should actively support the democratic forces in
Yugoslavia, including political parties and independent trade unions, to
develop a legitimate and viable alternative to the Milosevic regime;
(B) all United States Government officials, including individuals from
the
private sector acting on behalf of the United States Government, should
meet
regularly with representatives of democratic forces in Yugoslavia and
minimize to the extent practicable any direct contacts with officials of
the
Yugoslav or Serbian governments, and not meet with any individual
indicted
by the International Criminal Tribunal for the former Yugoslavia,
particularly President Slobodan Milosevic; and
(C) the United States should emphasize to all political leaders in
Yugoslavia the importance of respecting internationally recognized human
rights for all individuals residing in Yugoslavia.
SEC. 102. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN
YUGOSLAVIA.
(a) ASSISTANCE FOR THE SERBIAN DEMOCRATIC FORCES-
(1) PURPOSE OF ASSISTANCE- The purpose of assistance under this
subsection
is to promote and strengthen institutions of democratic government and
the
growth of an independent civil society in Serbia, including ethnic
tolerance
and respect for internationally recognized human rights.
(2) AUTHORIZATION FOR ASSISTANCE- To carry out the purpose of paragraph
(1),
the President is authorized to furnish assistance and other support for
the
activities described in paragraph (3).
(3) ACTIVITIES SUPPORTED- Activities that may be supported by assistance
under paragraph (2) include the following:
(A) Democracy building.
(B) The development of nongovernmental organizations.
(C) The development of independent Serbian media.
(D) The development of the rule of law, to include a strong, independent
judiciary, the impartial administration of justice, and transparency in
political practices.
(E) International exchanges and advanced professional training programs
in
skill areas central to the development of civil society and a market
economy.
(F) The development of all elements of the democratic process, including
political parties and the ability to administer free and fair elections.
(G) The development of local governance.
(H) The development of a free-market economy.
(4) AUTHORIZATION OF APPROPRIATIONS-
(A) IN GENERAL- There is authorized to be appropriated to the President
$50,000,000 for the period beginning October 1, 2000, and ending
September
30, 2001, to be made available for activities in support of the
democratization of the Republic of Serbia (excluding Kosovo) pursuant to
this subsection.
(B) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to subparagraph
(A)
are authorized to remain available until expended.
(b) PROHIBITION ON ASSISTANCE TO GOVERNMENT OF YUGOSLAVIA OR OF SERBIA-
In
carrying out subsection (a), the President should take all necessary
steps
to ensure that no funds or other assistance is provided to the
Government of
Yugoslavia or to the Government of Serbia, except for purposes permitted
under this title.
(c) ASSISTANCE TO GOVERNMENT OF MONTENEGRO-
(1) IN GENERAL- The President may provide assistance to the Government
of
Montenegro, unless the President determines, and so reports to the
appropriate congressional committees, that the leadership of the
Government
of Montenegro is not committed to, or is not taking steps to promote,
democratic principles, the rule of law, or respect for internationally
recognized human rights.
(2) AUTHORIZATION OF APPROPRIATIONS- Unless the President makes the
determination, and so reports to the appropriate congressional
committees,
under paragraph (1), there is authorized to be appropriated to the
President
$55,000,000 for the period beginning October 1, 2000, and ending
September
30, 2001, to be made available for activities for or in the Republic of
Montenegro for purposes described in subsection (a), as well as to
support
ongoing political and economic reforms, and economic stabilization in
support of democratization.
SEC. 103. AUTHORITY FOR RADIO AND TELEVISION BROADCASTING.
(a) IN GENERAL- The Broadcasting Board of Governors shall further the
open
communication of information and ideas through the increased use of
radio
and television broadcasting to Yugoslavia in both the Serbo-Croatian and
Albanian languages.
(b) IMPLEMENTATION- Radio and television broadcasting under subsection
(a)
shall be carried out by the Voice of America and, in addition, radio
broadcasting under that subsection shall be carried out by RFE/RL,
Incorporated. Subsection (a) shall be carried out in accordance with all
the
respective Voice of America and RFE/RL, Incorporated, standards to
ensure
that radio and television broadcasting to Yugoslavia serves as a
consistently reliable and authoritative source of accurate, objective,
and
comprehensive news.
(c) STATUTORY CONSTRUCTION- The implementation of subsection (a) may not
be
construed as a replacement for the strengthening of indigenous
independent
media called for in section 102(a)(3)(C). To the maximum extent
practicable,
the two efforts (strengthening independent media and increasing
broadcasts
into Serbia) shall be carried out in such a way that they mutually
support
each other.
SEC. 104. DEVELOPMENT OF POLITICAL CONTACTS RELATING TO THE REPUBLIC OF
SERBIA AND THE REPUBLIC OF MONTENEGRO.
(a) SENSE OF THE CONGRESS- It is the sense of the Congress that
political
contacts between United States officials and those individuals who, in
an
official or unofficial capacity, represent a genuine desire for
democratic
governance in the Republic of Serbia and the Republic of Montenegro
should
be developed through regular and well publicized meetings.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated
to the Secretary of State $350,000 for fiscal year 2001 for a voluntary
contribution to the Organization for Security and Cooperation in Europe
(OSCE) and the OSCE Parliamentary Assembly--
(1) to facilitate contacts by those who, in an official or unofficial
capacity, represent a genuine desire for democratic governance in the
Republic of Serbia and the Republic of Montenegro, with their
counterparts
in other countries; and
(2) to encourage the development of a multilateral effort to promote
democracy in the Republic of Serbia and the Republic of Montenegro.
TITLE II--ASSISTANCE TO THE VICTIMS OF OPPRESSION
SEC. 201. FINDINGS.
Congress finds the following:
(1) Beginning in February 1998 and ending in June 1999, the armed forces
of
Yugoslavia and the Serbian Interior Ministry police force engaged in a
brutal crackdown against the ethnic Albanian population in Kosovo.
(2) As a result of the attack by Yugoslav and Serbian forces against the
Albanian population of Kosovo, more than 10,000 individuals were killed
and
1,500,000 individuals were displaced from their homes.
(3) The majority of the individuals displaced by the conflict in Kosovo
was
left homeless or was forced to find temporary shelter in Kosovo or
outside
the country.
(4) The activities of the Yugoslav armed forces and the police force of
the
Serbian Interior Ministry resulted in the widespread destruction of
agricultural crops, livestock, and property, as well as the poisoning of
wells and water supplies, and the looting of humanitarian goods provided
by
the international community.
SEC. 202. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the Government of Yugoslavia and the Government of Serbia bear
responsibility to the victims of the conflict in Kosovo, including
refugees
and internally displaced persons, and for property damage in Kosovo;
(2) under the direction of President Milosevic, neither the Government
of
Yugoslavia nor the Government of Serbia provided the resources to assist
innocent, civilian victims of oppression in Kosovo; and
(3) because neither the Government of Yugoslavia nor the Government of
Serbia fulfilled the responsibilities of a sovereign government toward
the
people in Kosovo, the international community offers the only recourse
for
humanitarian assistance to victims of oppression in Kosovo.
SEC. 203. ASSISTANCE.
(a) AUTHORITY- The President is authorized to furnish assistance under
section 491 of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and
the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.),
as
appropriate, for--
(1) relief, rehabilitation, and reconstruction in Kosovo; and
(2) refugees and persons displaced by the conflict in Kosovo.
(b) PROHIBITION- No assistance may be provided under this section to any
organization that has been designated as a foreign terrorist
organization
under section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(c) USE OF ECONOMIC SUPPORT FUNDS- Any funds that have been allocated
under
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346
et seq.) for assistance described in subsection (a) may be used in
accordance with the authority of that subsection.
TITLE III--`OUTER WALL' SANCTIONS
SEC. 301. `OUTER WALL' SANCTIONS.
(a) APPLICATION OF MEASURES- The sanctions described in subsections (c)
through (g) shall apply with respect to Yugoslavia until the President
determines and certifies to the appropriate congressional committees
that
the Government of Yugoslavia has made significant progress in meeting
the
conditions described in subsection (b).
(b) CONDITIONS- The conditions referred to in subsection (a) are the
following:
(1) Agreement on a lasting settlement in Kosovo.
(2) Compliance with the General Framework Agreement for Peace in Bosnia
and
Herzegovina.
(3) Implementation of internal democratic reform.
(4) Settlement of all succession issues with the other republics that
emerged from the break-up of the Socialist Federal Republic of
Yugoslavia.
(5) Cooperation with the International Criminal Tribunal for the former
Yugoslavia, including the transfer to The Hague of all individuals in
Yugoslavia indicted by the Tribunal.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS- The Secretary of the Treasury
shall instruct the United States executive directors of the
international
financial institutions to oppose, and vote against, any extension by
those
institutions of any financial assistance (including any technical
assistance
or grant) of any kind to the Government of Yugoslavia.
(d) ORGANIZATION FOR SECURITY AND COOPERATION IN EUROPE- The Secretary
of
State should instruct the United States Ambassador to the Organization
for
Security and Cooperation in Europe (OSCE) to oppose and block any
consensus
to allow the participation of Yugoslavia in the OSCE or any organization
affiliated with the OSCE.
(e) UNITED NATIONS- The Secretary of State should instruct the United
States
Permanent Representative to the United Nations--
(1) to oppose and vote against any resolution in the United Nations
Security
Council to admit Yugoslavia to the United Nations or any organization
affiliated with the United Nations; and
(2) to actively oppose and, if necessary, veto any proposal to allow
Yugoslavia to assume the membership of the former Socialist Federal
Republic
of Yugoslavia in the United Nations General Assembly or any other
organization affiliated with the United Nations.
(f) NATO- The Secretary of State should instruct the United States
Permanent
Representative to the North Atlantic Council to oppose and vote against
the
extension to Yugoslavia of membership or participation in the
Partnership
for Peace program or any other organization affiliated with NATO.
(g) SOUTHEAST EUROPEAN COOPERATION INITIATIVE- The Secretary of State
should
instruct the United States Representatives to the Southeast European
Cooperation Initiative (SECI) to actively oppose the participation of
Yugoslavia in SECI.
(h) SENSE OF THE CONGRESS- It is the sense of the Congress that--
(1) the President should not restore full diplomatic relations with
Yugoslavia until the President has determined and so reported to the
appropriate congressional committees that the Government of Yugoslavia
has
met the conditions described in subsection (b); and
(2) the President should encourage all other European countries to
diminish
their level of diplomatic relations with Yugoslavia.
(i) INTERNATIONAL FINANCIAL INSTITUTION DEFINED- In this section, the
term
`international financial institution' includes the International
Monetary
Fund, the International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and the
European
Bank for Reconstruction and Development.
SEC. 302. INTERNATIONAL FINANCIAL INSTITUTIONS NOT IN COMPLIANCE WITH
`OUTER WALL' SANCTIONS.
It is the sense of the Congress that, if any international financial
institution (as defined in section 301(i)) approves a loan or other
financial assistance to the Government of Yugoslavia over the opposition
of
the United States, then the Secretary of the Treasury should withhold
from
payment of the United States share of any increase in the paid-in
capital of
such institution an amount equal to the amount of the loan or other
assistance.
TITLE IV--OTHER MEASURES AGAINST YUGOSLAVIA
SEC. 401. BLOCKING ASSETS IN THE UNITED STATES.
(a) BLOCKING OF ASSETS- All property and interests in property,
including
all commercial, industrial, or public utility undertakings or entities,
of
or in the name of the Government of Serbia or the Government of
Yugoslavia
that are in the United States, that come within the United States, or
that
are or come within the possession or control of United States persons,
including their overseas branches, are blocked.
(b) PROHIBITED TRANSFERS- Payments or transfers of any property or any
transactions involving the transfer of anything of economic value by any
United States person to the Government of Serbia, the Government of
Yugoslavia, or any person or entity acting for or on behalf of, or owned
or
controlled, directly or indirectly, by any of those governments,
persons, or
entities, are prohibited.
(c) EXERCISE OF AUTHORITIES- The Secretary of the Treasury, in
consultation
with the Secretary of State, shall take such actions, including the
promulgation of regulations, orders, directives, rulings, instructions,
and
licenses, and employ all powers granted to the President by the
International Emergency Economic Powers Act, as may be necessary to
carry
out the purposes of this section, including, but not limited to, taking
such
steps as may be necessary to continue in effect the measures contained
in
Executive Order No. 13088 of June 9, 1998, and Executive Order No. 13121
of
April 30, 1999, and any rule, regulation, license, or order issued
thereunder.
(d) PAYMENT OF EXPENSES- All expenses incident to the blocking and
maintenance of property blocked under subsection (a) shall be charged to
the
owners or operators of such property, and expenses shall not be paid for
from blocked funds.
(e) PROHIBITIONS- The following are prohibited:
(1) Any transaction within the United States or by a United States
person
relating to any vessel in which a majority or controlling interest is
held
by a person or entity in, or operating from, Serbia, regardless of the
flag
under which the vessel sails.
(2)(A) The exportation to Serbia or to any entity operated from Serbia
or
owned and controlled by the Government of Serbia or the Government of
Yugoslavia, directly or indirectly, of any goods, software technology,
or
services, either--
(i) from the United States;
(ii) requiring the issuance of a license by a Federal agency; or
(iii) involving the use of United States registered vessels or aircraft.
(B) Any activity that promotes or is intended to promote exportation
described in subparagraph (A).
(3)(A) Any dealing by a United States person in--
(i) property exported from Serbia; or
(ii) property intended for exportation from Serbia to any country or
exportation to Serbia from any country.
(B) Any activity of any kind that promotes or is intended to promote any
dealing described in subparagraph (A).
(4) The performance by any United States person of any contract,
including a
financing contract, in support of an industrial, commercial, public
utility,
or governmental project in Serbia.
(f) EXCEPTIONS- Nothing in this section shall apply to--
(1) assistance provided under section 102 or section 203 of this Act; or
(2) information or informational materials described in section
203(b)(3) of
the International Emergency Economic Powers Act.
(g) DEFINITION- In this section, the term `United States person' means
any
United States citizen, any alien lawfully admitted for permanent
residence
within the United States, any entity organized under the laws of the
United
States (including foreign branches), or any person in the United States.
SEC. 402. SUSPENSION OF ENTRY INTO THE UNITED STATES.
(a) PROHIBITION- The President shall use his authority under section
212(f)
of the Immigration and Nationality Act (8 U.S.C. 1182(f)) to suspend the
entry into the United States of any alien who--
(1) holds a position in the senior leadership of the Government of
Yugoslavia or the Government of Serbia; or
(2) is a spouse, minor child, or agent of a person inadmissible under
paragraph (1).
(b) SENIOR LEADERSHIP DEFINED- In subsection (a)(1), the term `senior
leadership'--
(1) includes--
(A) the President, Prime Minister, Deputy Prime Ministers, and
government
ministers of Yugoslavia;
(B) the Governor of the National Bank of Yugoslavia; and
(C) the President, Prime Minister, Deputy Prime Ministers, and
government
ministers of the Republic of Serbia; and
(2) does not include the President, Prime Minister, Deputy Prime
Ministers,
and government ministers of the Republic of Montenegro.
SEC. 403. PROHIBITION ON STRATEGIC EXPORTS TO YUGOSLAVIA.
(a) PROHIBITION- No computers, computer software, or goods or technology
intended to manufacture or service computers may be exported to or for
use
by the Government of Yugoslavia or by the Government of Serbia, or by
any of
the following entities of either government:
(1) The military.
(2) The police.
(3) The prison system.
(4) The national security agencies.
(b) STATUTORY CONSTRUCTION- Nothing in this section shall prevent the
issuance of licenses to ensure the safety of civil aviation and safe
operation of United States-origin commercial passenger aircraft and to
ensure the safety of ocean-going maritime traffic in international
waters.
SEC. 404. PROHIBITION ON LOANS AND INVESTMENT.
(a) UNITED STATES GOVERNMENT FINANCING- No loan, credit guarantee,
insurance, financing, or other similar financial assistance may be
extended
by any agency of the United States Government (including the
Export-Import
Bank and the Overseas Private Investment Corporation) to the Government
of
Yugoslavia or the Government of Serbia.
(b) TRADE AND DEVELOPMENT AGENCY- No funds made available by law may be
available for activities of the Trade and Development Agency in or for
Serbia.
(c) THIRD COUNTRY ACTION- The Secretary of State is urged to encourage
all
other countries, particularly European countries, to suspend any of
their
own programs providing support similar to that described in subsection
(a)
or (b) to the Government of Yugoslavia or the Government of Serbia,
including by rescheduling repayment of the indebtedness of either
government
under more favorable conditions.
(d) PROHIBITION ON PRIVATE CREDITS-
(1) IN GENERAL- Except as provided in paragraph (2), no national of the
United States may make or approve any loan or other extension of credit,
directly or indirectly, to the Government of Yugoslavia or to the
Government
of Serbia or to any corporation, partnership, or other organization that
is
owned or controlled by either the Government of Yugoslavia or the
Government
of Serbia.
(2) EXCEPTION- Paragraph (1) shall not apply to a loan or extension of
credit for any housing, education, or humanitarian benefit to assist the
victims of oppression in Kosovo.
SEC. 405. PROHIBITION OF MILITARY-TO-MILITARY COOPERATION.
The United States Government (including any agency or entity of the
United
States) shall not provide assistance under the Foreign Assistance Act of
1961 or the Arms Export Control Act (including the provision of Foreign
Military Financing under section 23 of the Arms Export Control Act or
international military education and training under chapter 5 of part II
of
the Foreign Assistance Act of 1961) or provide any defense articles or
defense services under those Acts, to the armed forces of the Government
of
Yugoslavia or of the Government of Serbia.
SEC. 406. MULTILATERAL SANCTIONS.
It is the sense of the Congress that the President should continue to
seek
to coordinate with other countries, particularly European countries, a
comprehensive, multilateral strategy to further the purposes of this
title,
including, as appropriate, encouraging other countries to take measures
similar to those described in this title.
SEC. 407. EXEMPTIONS.
(a) EXEMPTION FOR KOSOVO- None of the restrictions imposed by this Act
shall
apply with respect to Kosovo, including with respect to governmental
entities or administering authorities or the people of Kosovo.
(b) EXEMPTION FOR MONTENEGRO- None of the restrictions imposed by this
Act
shall apply with respect to Montenegro, including with respect to
governmental entities of Montenegro, unless the President determines and
so
certifies to the appropriate congressional committees that the
leadership of
the Government of Montenegro is not committed to, or is not taking steps
to
promote, democratic principles, the rule of law, or respect for
internationally recognized human rights.
SEC. 408. WAIVER; TERMINATION OF MEASURES AGAINST YUGOSLAVIA.
(a) GENERAL WAIVER AUTHORITY- Except as provided in subsection (b), the
requirement to impose any measure under this Act may be waived for
successive periods not to exceed 12 months each, and the President may
provide assistance in furtherance of this Act notwithstanding any other
provision of law, if the President determines and so certifies to the
appropriate congressional committees in writing 15 days in advance of
the
implementation of any such waiver that--
(1) it is important to the national interest of the United States; or
(2) significant progress has been made in Yugoslavia in establishing a
government based on democratic principles and the rule of law, and that
respects internationally recognized human rights.
(b) EXCEPTION- The President may implement the waiver under subsection
(a)
for successive periods not to exceed 3 months each without the 15 day
advance notification under that subsection--
(1) if the President determines that exceptional circumstances require
the
implementation of such waiver; and
(2) the President immediately notifies the appropriate congressional
committees of his determination.
(c) TERMINATION OF RESTRICTIONS- The restrictions imposed by this title
shall be terminated if the President determines and so certifies to the
appropriate congressional committees that the Government of Yugoslavia
is a
government that is committed to democratic principles and the rule of
law,
and that respects internationally recognized human rights.
SEC. 409. STATUTORY CONSTRUCTION.
(a) IN GENERAL- None of the restrictions or prohibitions contained in
this
Act shall be construed to limit humanitarian assistance (including the
provision of food and medicine), or the commercial export of
agricultural
commodities or medicine and medical equipment, to Yugoslavia.
(b) SPECIAL RULE- Nothing in subsection (a) shall be construed to permit
the
export of an agricultural commodity or medicine that could contribute to
the
development of a chemical or biological weapon.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA.
(a) FINDINGS- Congress finds the following:
(1) United Nations Security Council Resolution 827, which was adopted
May
25, 1993, established the International Criminal Tribunal for the former
Yugoslavia to prosecute persons responsible for serious violations of
international humanitarian law committed in the territory of the former
Yugoslavia since January 1, 1991.
(2) United Nations Security Council Resolution 827 requires full
cooperation
by all countries with the Tribunal, including the obligation of
countries to
comply with requests of the Tribunal for assistance or orders.
(3) The Government of Yugoslavia has disregarded its international
obligations with regard to the Tribunal, including its obligation to
transfer or facilitate the transfer to the Tribunal of any person on the
territory of Yugoslavia who has been indicted for war crimes or other
crimes
against humanity under the jurisdiction of the Tribunal.
(4) The Government of Yugoslavia publicly rejected the Tribunal's
jurisdiction over events in Kosovo and has impeded the investigation of
representatives from the Tribunal, including denying those
representatives
visas for entry into Yugoslavia, in their efforts to gather information
about alleged crimes against humanity in Kosovo under the jurisdiction
of
the Tribunal.
(5) The Tribunal has indicted President Slobodan Milosevic for--
(A) crimes against humanity, specifically murder, deportations, and
persecutions; and
(B) violations of the laws and customs of war.
(b) POLICY- It shall be the policy of the United States to support fully
and
completely the investigation of President Slobodan Milosevic by the
International Criminal Tribunal for the former Yugoslavia for genocide,
crimes against humanity, war crimes, and grave breaches of the Geneva
Convention.
(c) SENSE OF THE CONGRESS- Subject to subsection (b), it is the sense of
the
Congress that the United States Government should gather all information
that the intelligence community (as defined in section 3(4) of the
National
Security Act of 1947 (50 U.S.C. 401a(4)) collects or has collected to
support an investigation of President Slobodan Milosevic for genocide,
crimes against humanity, war crimes, and grave breaches of the Geneva
Convention by the International Criminal Tribunal for the former
Yugoslavia
(ICTY) and that the Department of State should provide all appropriate
information to the Office of the Prosecutor of the ICTY under procedures
established by the Director of Central Intelligence that are necessary
to
ensure adequate protection of intelligence sources and methods.
(d) REPORT TO CONGRESS- Not less than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for the succeeding
5-year period, the President shall submit a report, in classified form
if
necessary, to the appropriate congressional committees that describes
the
information that was provided by the Department of State to the Office
of
the Prosecutor of the International Criminal Tribunal for the former
Yugoslavia for the purposes of subsection (c).
SEC. 502. SENSE OF THE CONGRESS WITH RESPECT TO ETHNIC HUNGARIANS OF
VOJVODINA.
(a) FINDINGS- Congress finds that--
(1) approximately 350,000 ethnic Hungarians, as well as several other
minority populations, reside in the province of Vojvodina, part of
Serbia,
in traditional settlements in existence for centuries;
(2) this community has taken no side in any of the Balkan conflicts
since
1990, but has maintained a consistent position of nonviolence, while
seeking
to protect its existence through the meager opportunities afforded under
the
existing political system;
(3) the Serbian leadership deprived Vojvodina of its autonomous status
at
the same time as it did the same to the province of Kosovo;
(4) this population is subject to continuous harassment, intimidation,
and
threatening suggestions that they leave the land of their ancestors; and
(5) during the past 10 years this form of ethnic cleansing has already
driven 50,000 ethnic Hungarians and members of other minority
communities
out of the province of Vojvodina.
(b) SENSE OF THE CONGRESS- It is the sense of the Congress that the
President should--
(1) condemn harassment, threats, and intimidation against any ethnic
group
in Yugoslavia as the usual precursor of violent ethnic cleansing;
(2) express deep concern over the reports on recent threats,
intimidation,
and even violent incidents against the ethnic Hungarian inhabitants of
the
province of Vojvodina;
(3) call on the Secretary of State to regularly monitor the situation of
the
Hungarian ethnic group in Vojvodina; and
(4) call on the NATO allies of the United States, during any negotiation
on
the future status of Kosovo, also to pay substantial attention to
establishing satisfactory guarantees for the rights of the people of
Vojvodina, and, in particular, of the ethnic minorities in the province.
SEC. 503. OWNERSHIP AND USE OF DIPLOMATIC AND CONSULAR PROPERTIES.
(a) FINDINGS- Congress finds the following:
(1) The international judicial system, as currently structured, lacks
fully
effective remedies for the wrongful confiscation of property and for
unjust
enrichment from the use of wrongfully confiscated property by
governments
and private entities at the expense of the rightful owners of the
property.
(2) Since the dissolution of the Socialist Federal Republic of
Yugoslavia
until March and June 1999, when the United States Government took
custody,
the Government of Yugoslavia exclusively used, and benefited from the
use
of, properties located in the United States that were owned by the
Socialist
Federal Republic of Yugoslavia.
(3) Until the United States Government took custody, the Governments of
Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of
Macedonia,
and Slovenia were blocked by the Government of Yugoslavia from using, or
benefiting from the use of, any property located in the United States
that
was previously owned by the Socialist Federal Republic of Yugoslavia.
(4) The occupation and use by officials of Yugoslavia of that property
without prompt, adequate, and effective compensation under the
applicable
principles of international law to the Governments of Bosnia and
Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, and
Slovenia is unjust and unreasonable.
(b) POLICY ON NEGOTIATIONS REGARDING PROPERTIES- It is the policy of the
United States to insist that the Government of Yugoslavia has a
responsibility to, and should, actively and cooperatively engage in good
faith negotiations with the Governments of Bosnia and Herzegovina,
Croatia,
the Former Yugoslav Republic of Macedonia, and Slovenia for resolution
of
the outstanding property issues resulting from the dissolution of the
Socialist Federal Republic of Yugoslavia, including the disposition of
the
following properties located in the United States:
(1) 2222 Decatur Street, NW, Washington, DC.
(2) 2410 California Street, NW, Washington, DC.
(3) 1907 Quincy Street, NW, Washington, DC.
(4) 3600 Edmonds Street, NW, Washington, DC.
(5) 2221 R Street, NW, Washington, DC.
(6) 854 Fifth Avenue, New York, NY.
(7) 730 Park Avenue, New York, NY.
(c) SENSE OF THE CONGRESS ON RETURN OF PROPERTIES- It is the sense of
the
Congress that, if the Government of Yugoslavia refuses to engage in good
faith negotiations on the status of the properties listed in subsection
(b),
the President should take steps to ensure that the interests of the
Governments of Bosnia and Herzegovina, Croatia, the Former Yugoslav
Republic
of Macedonia, and Slovenia are protected in accordance with
international
law.
SEC. 504. TRANSITION ASSISTANCE.
(a) SENSE OF THE CONGRESS- It is the sense of the Congress that once the
regime of President Slobodan Milosevic has been replaced by a government
that is committed to democratic principles and the rule of law, and that
respects internationally recognized human rights, the President of the
United States should support the transition to democracy in Yugoslavia
by
providing immediate and substantial assistance, including facilitating
its
integration into international organizations.
(b) AUTHORIZATION OF ASSISTANCE- The President is authorized to furnish
assistance to Yugoslavia if he determines, and so certifies to the
appropriate congressional committees that the Government of Yugoslavia
is
committed to democratic principles and the rule of law and respects
internationally recognized human rights.
(c) REPORT TO CONGRESS-
(1) DEVELOPMENT OF PLAN- The President shall develop a plan for
providing
assistance to Yugoslavia in accordance with this section. Such
assistance
would be provided at such time as the President determines that the
Government of Yugoslavia is committed to democratic principles and the
rule
of law and respects internationally recognized human rights.
(2) STRATEGY- The plan developed under paragraph (1) shall include a
strategy for distributing assistance to Yugoslavia under the plan.
(3) DIPLOMATIC EFFORTS- The President shall take the necessary steps--
(A) to seek to obtain the agreement of other countries and international
financial institutions and other multilateral organizations to provide
assistance to Yugoslavia after the President determines that the
Government
of Yugoslavia is committed to democratic principles, the rule of law,
and
that respects internationally recognized human rights; and
(B) to work with such countries, institutions, and organizations to
coordinate all such assistance programs.
(4) COMMUNICATION OF PLAN- The President shall take the necessary steps
to
communicate to the people of Yugoslavia the plan for assistance
developed
under this section.
(5) REPORT- Not later than 120 days after the date of the enactment of
this
Act, the President shall transmit to the appropriate congressional
committees a report describing in detail the plan required to be
developed
by paragraph (1).
Passed the House of Representatives September 25, 2000.
Attest:
Clerk.
END