[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2315 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2315
Terminating the United States arms embargo of the Government of Bosnia-
Hercegovina.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 27, 1993
Mr. Hyde (for himself, Mr. Smith of New Jersey, Mr. Hunter, Mr. Gilman,
Mr. Fish, Mr. Wilson, and Mr. Gingrich) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
Terminating the United States arms embargo of the Government of Bosnia-
Hercegovina.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bosnia-Hercegovina Self-Defense Act
of 1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) On July 10, 1991, the United States adopted a policy
suspending all licenses and other approvals to export or
otherwise transfer defense articles and defense services to
Yugoslavia.
(2) On September 25, 1991, the United Nations Security
Council adopted Resolution 713, which imposed a mandatory
international embargo on all deliveries of weapons and military
equipment to Yugoslavia.
(3) The United States considered the policy adopted July
10, 1991, to comply fully with Resolution 713 and therefore
took no additional action in response to that resolution.
(4) On January 8, 1992, the United Nations Security Council
adopted Resolution 727, which decided that the mandatory arms
embargo imposed by Resolution 713 should apply to any
independent states that might thereafter emerge on the
territory of Yugoslavia.
(5) On February 29 and March 1, 1992, the people of Bosnia-
Hercegovina voted in a referendum to declare independence from
Yugoslavia.
(6) On April 7, 1992, the United States recognized the
Government of Bosnia-Hercegovina.
(7) On May 22, 1992, the Government of Bosnia-Hercegovina
was admitted to full membership in the United Nations.
(8) Consistent with Resolution 727, the United States has
continued to apply the policy adopted July 10, 1991, to
independent states that have emerged on the territory of the
former Yugoslavia, including Bosnia-Hercegovina.
(9) Subsequent to the adoption of Resolution 727 and
Bosnia-Hercegovina's independence referendum, the siege of
Sarajevo began and fighting spread to other areas of Bosnia-
Hercegovina.
(10) The Government of Serbia intervened directly in the
fighting by providing significant military, financial, and
political support and direction to Serbian-allied irregular
forces in Bosnia-Hercegovina.
(11) In statements dated May 1 and May 12, 1992, the
Conference on Security and Cooperation in Europe declared that
the Government of Serbia and the Serbian-controlled Yugoslav
National Army were committing aggression against the Government
of Bosnia-Hercegovina and assigned to them prime responsibility
for the escalation of bloodshed and destruction.
(12) On May 30, 1992, the United Nations Security Council
adopted Resolution 757, which condemned the Government of
Serbia for its continued failure to respect the territorial
integrity of Bosnia-Hercegovina.
(13) Serbian-allied irregular forces have, over the last
year, occupied approximately 70 percent of the territory of
Bosnia-Hercegovina, committed gross violations of human rights
in the areas they have occupied, and established a secessionist
government committed to eventual unification with Serbia.
(14) The military and other support and direction provided
to Serbian-allied irregular forces in Bosnia-Hercegovina
constitutes an armed attack on the Government of Bosnia-
Hercegovina by the Government of Serbia within the meaning of
Article 51 of the United Nations Charter.
(15) Under Article 51, the Government of Bosnia-
Hercegovina, as a member of the United Nations, has an inherent
right of individual or collective self-defense against the
armed attack from the Government of Serbia until the United
Nations Security Council has taken measures necessary to
maintain international peace and security.
(16) The measures taken by the United Nations Security
Council in response to the armed attack on Bosnia-Hercegovina
have not been adequate to maintain international peace and
security.
(17) Bosnia-Hercegovina has been unable successfully to
resist the armed attack from Serbia because it lacks the means
to counter heavy weaponry that Serbia obtained from the
Yugoslav National Army upon the dissolution of Yugoslavia, and
because the mandatory international arms embargo has prevented
Bosnia-Hercegovina from obtaining from other countries the
means to counter such heavy weaponry.
(18) On December 18, 1992, with the affirmative vote of the
United States, the United Nations General Assembly adopted
Resolution 47/121, which urged the United Nations Security
Council to exempt Bosnia-Hercegovina from the mandatory arms
embargo imposed by Resolution 713.
(19) In the absence of adequate measures to maintain
international peace and security, continued application to the
Government of Bosnia-Hercegovina of the mandatory international
arms embargo imposed by the United Nations Security Council
prior to the armed attack on Bosnia-Hercegovina undermines that
government's right of individual or collective self-defense and
therefore contravenes Article 51 of the United Nations Charter.
(20) Bosnia-Hercegovina's right of self-defense under
Article 51 of the United Nations Charter includes the right to
ask for military assistance from other countries and to receive
such assistance if offered.
SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA-
HERCEGOVINA.
(a) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia-Hercegovina upon receipt from
that government of a request for assistance in exercising its right of
self-defense under Article 51 of the United Nations Charter.
(b) Definition.--As used in this section, the term ``United States
arms embargo of the Government of Bosnia-Hercegovina'' means the
application to the Government of Bosnia-Hercegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under
the heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely
denied for transfers of defense articles and defense services
to the former Yugoslavia.
SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR BOSNIA-HERCEGOVINA.
(a) Policy.--The President should provide appropriate military
assistance to the Government of Bosnia-Hercegovina upon receipt from
that government of a request for assistance in exercising its right of
self-defense under Article 51 of the United Nations Charter.
(b) Authorization of Military Assistance.--
(1) Drawdown authority.--If the Government of Bosnia-
Hercegovina requests United States assistance in exercising its
right of self-defense under Article 51 of the United Nations
Charter, the President is authorized to direct the drawdown of
defense articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training in order to provide assistance to the
Government of Bosnia-Hercegovina. Such assistance shall be
provided on such terms and conditions as the President may
determine.
(2) Limitation on value of transfers.--The aggregate value
(as defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, and military
education and training provided under this subsection may not
exceed $200,000,000.
(3) Expiration of authorization.--The authority provided to
the President in paragraph (1) expires at the end of fiscal
year 1994.
(4) Limitation on activities.--Members of the United States
Armed Forces who perform defense services or provide military
education and training outside the United States under this
subsection may not perform any duties of a combatant nature,
including any duties related to training and advising that may
engage them in combat activities.
(5) Reports to congress.--Within 60 days after any exercise
of the authority of paragraph (1) and every 60 days thereafter,
the President shall report in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate concerning the defense articles, defense services, and
military education and training being provided and the use made
of such articles, services, and education and training.
(6) Reimbursement.--(A) Defense articles, defense services,
and military education and training provided under this
subsection shall be made available without reimbursement to the
Department of Defense except to the extent that funds are
appropriated pursuant to subparagraph (B).
(B) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, or military
education and training provided under this subsection.
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