[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1001 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1001

To strengthen United States laws to enforce economic embargoes against 
 foreign countries pursuant to a declaration of national emergency or 
   United Nations Security Council measures, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 20 (legislative day, April 19), 1993

 Mr. Lieberman introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To strengthen United States laws to enforce economic embargoes against 
 foreign countries pursuant to a declaration of national emergency or 
   United Nations Security Council measures, and for other purposes.

    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 ``International Sanctions Enforcement 
Act of 1993''.

SEC. 2. IMPOSITION OF SANCTIONS.

    (a) Determination by the President.--
            (1) In general.--If the President determines that a foreign 
        person, on or after the date of the enactment of this section, 
        has knowingly violated United Nations Security Council 
        Resolution 748 imposing sanctions against Libya, he is 
        authorized to impose the sanctions described in subsection (c).
            (2) Persons against which sanctions are to be imposed.--
        Sanctions may be imposed pursuant to paragraph (1) on--
                    (A) the foreign person with respect to which the 
                President makes the determination described in that 
                paragraph;
                    (B) any successor entity to that foreign person;
                    (C) any foreign person that is a parent, 
                subsidiary, or co-venture of that person if that 
                parent, subsidiary, or co-venture knowingly and 
                materially assisted in the activities which were the 
                basis of that determination; and
                    (D) any foreign person that is an affiliate of that 
                person if that affiliate knowingly and materially 
                assisted in the activities which were the basis of that 
                determination and if that affiliate is controlled in 
                fact by that foreign person.
            (3) Other sanctions available.--The sanctions which may be 
        imposed for activities described in this subsection are in 
        addition to any other sanction which may be imposed for the 
        same activities under any other provision of law.
    (b) Consultation With and Actions by Foreign Government of 
Jurisdiction.--
            (1) Consultations.--If the President makes a determination 
        described in subsection (a)(1) with respect to a foreign 
        person, the Congress urges the President to initiate 
        consultations immediately with the government with primary 
        jurisdiction over that foreign person with respect to the 
        imposition of sanctions pursuant to this section.
            (2) Actions by government of jurisdiction.--In order to 
        pursue such consultations with that government, the President 
        may delay imposition of a sanction pursuant to this section for 
        up to 90 days. Following these consultations, the President 
        shall impose a sanction unless the President determines and 
        certifies to the Congress that that government has taken 
        specific and effective actions, including appropriate 
        penalties, to terminate the involvement of the foreign person 
        in the activities described in subsection (a)(1). The President 
        may delay the imposition of a sanction for up to an additional 
        90 days if the President determines and certifies to the 
        Congress that that government is in the process of taking the 
        actions described in the previous sentence.
            (3) Report to congress.--Not later than 90 days after 
        making a determination under subsection (a)(1), the President 
        shall submit to the Committee on Foreign Relations of the 
        Senate and the Committee on Foreign Affairs of the House of 
        Representatives a report on the status of consultations with 
        the appropriate government under this subsection, and the basis 
        for any determination under paragraph (2) of this subsection 
        that such government has taken specific corrective actions.
    (c) Sanctions.--The sanctions to be imposed pursuant to subsection 
(a)(1) are, except as provided in subsection (d), that no United States 
person shall, either directly or indirectly, procure, import, sell, 
export, or otherwise provide or enter into any contract to procure, 
import, sell, export, or otherwise provide any goods, technology, or 
services to or from any person described in subsection (a)(2).
    (d) Exceptions.--(1) The sanctions of subsection (c) shall not 
apply--
            (A) in the case of procurement by the United States 
        Government of vital defense articles or defense services which 
        cannot readily and reasonably be acquired in sufficient 
        quantities from other nonsanctioned foreign persons and which 
        are essential to satisfy current United States operational 
        military needs; or
            (B) with respect to medical or other humanitarian items.
    (2) Whenever the President makes a determination under this 
subsection to exempt certain goods, technology, or services from the 
sanctions of subsection (c), the President shall submit a report to the 
Speaker of the House of Representatives and the Committee on Foreign 
Relations of the Senate stating the reasons for such exemption.
    (e) Termination of Sanctions.--Sanctions imposed pursuant to this 
section shall apply for a period of at least 12 months following the 
imposition of the sanctions and shall cease to apply thereafter only if 
the President determines and certifies to the Congress that--
            (1) reliable information indicates that the foreign person 
        with respect to which the determination was made under 
        subsection (a)(1) has ceased to violate United Nations Security 
        Council Resolution 748 with respect to Libya; and
            (2) the President has received reliable assurances from the 
        foreign person that such person will not, in the future, 
        violate United Nations Security Council Resolution 748 with 
        respect to Libya.
    (f) Waiver.--
            (1) Criterion for waiver.--The President may waive the 
        application of any sanction imposed on any person pursuant to 
        this section, after the end of the 12-month period beginning on 
        the date on which that sanction was imposed on that person, if 
        the President determines and certifies to the Congress that the 
        continued imposition of the sanction would have a serious 
        adverse effect on vital United States interests.
            (2) Notification of and report to congress.--If the 
        President decides to exercise the waiver authority provided in 
        paragraph (1), the President shall so notify the Congress not 
        less than 20 days before the waiver takes effect. Such 
        notification shall include a report fully articulating the 
        rationale and circumstances which led the President to exercise 
        the waiver authority.
    (g) Administration and Enforcement.--(1) The President may delegate 
his authority under this section to the Secretary of the Treasury.
    (2) Consistent with the provisions of this section, the authorities 
of the International Emergency Economic Powers Act which relate to the 
administration and enforcement of that Act shall apply to the 
administration and enforcement of sanctions imposed under this section.
    (3) Section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705), relating to civil and criminal penalties, shall apply 
to violations of sanctions imposed under this section to the same 
extent and in the same manner as such penalties apply to violations of 
licenses, orders, or regulations under that Act.
    (h) Definitions.--For the purposes of this section--
            (1) the term ``foreign person'' includes--
                    (A) any individual who is neither a citizen of the 
                United States nor an alien lawfully admitted for 
                permanent residence to the United States;
                    (B) any corporation, partnership, association, 
                organization or other entity which is created or 
                organized under the laws of a foreign country or which 
                has its principal place of business outside the United 
                States; or
                    (C) any agency or instrumentality of a foreign 
                government; and
            (2) the term ``United States person'' means--
                    (A) any United States citizen or permanent resident 
                alien;
                    (B) juridical person organized under the laws of 
                the United States or any jurisdiction within the United 
                States, including any foreign branch;
                    (C) any person in the United States; or
                    (D) the United States Government or any agency or 
                instrumentality thereof.

SEC. 3. PROTECTION OF PARTICIPANTS IN THE REWARDS PROGRAM.

    Subsection 36(e) of the State Department Basic Authorities Act (22 
U.S.C. 2708) is amended by inserting ``(1)'' immediately following 
``(e)'' and adding the following new paragraph:
    ``(2)(A) Whenever the information which would justify a reward 
under subsection (a) is furnished by an alien and the Secretary of 
State and the Attorney General jointly determine that the protection of 
such alien or the alien's immediate family requires the admission of 
such alien or aliens to the United States, then such alien, and the 
alien's immediate relatives, if necessary, may be issued visas and 
admitted to the United States for permanent residence, without regard 
to the requirements of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.).
    ``(B) The total number of aliens admitted to the United States 
under subparagraph (A) shall not exceed 25 in any one fiscal year.
    ``(C) For purposes of this paragraph, the term `immediate relative' 
has the same meaning given to such term in section 201(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)).''.

SEC. 4. INCREASE IN CRIMINAL PENALTIES FOR THE MISUSE OF PASSPORTS.

    Section 1544 of title 18, United States Code, is amended--
            (1) by striking ``$2,000'' and inserting in lieu thereof 
        ``$50,000''; and
            (2) by striking ``five years'' and inserting in lieu 
        thereof ``ten years''.

SEC. 5. SANCTION ON FOREIGN AIR TRANSPORTATION.

    (a) Determination.--Whenever the President determines that a 
country is not complying with United Nations Security Council 
Resolution 748 with respect to Libya, he shall so certify to the 
Congress.
    (b) Notification of Foreign Government.--(1) The President is 
authorized to notify the government of a country with respect to which 
the President has made a determination pursuant to subsection (a) of 
his intention to suspend the authority of foreign air carriers owned or 
controlled by the government of that country to engage in foreign air 
transportation to or from the United States.
    (2) Within 10 days after the date of notification of a government 
under paragraph (1), the Secretary of Transportation shall take all 
steps necessary to suspend at the earliest possible date the authority 
of any foreign air carrier owned or controlled, directly or indirectly, 
by that government to engage in foreign air transportation to or from 
the United States, notwithstanding any agreement relating to air 
services.
    (c) Termination of Air Service Agreements.--(1) The President may 
direct the Secretary of State to terminate any air service agreement 
between the United States and a country with respect to which the 
President has made a determination pursuant to subsection (a), in 
accordance with the provisions of that agreement.
    (2) Upon termination of an agreement under this subsection, the 
Secretary of Transportation shall take such steps as may be necessary 
to revoke at the earliest possible date the right of any foreign air 
carrier owned, or controlled, directly or indirectly, by the government 
of that country to engage in foreign air transportation to or from the 
United States.
    (d) Exceptions.--The Secretary of Transportation may provide for 
such exceptions from subsections (b) and (c) as the Secretary considers 
necessary to provide for emergencies in which the safety of an aircraft 
or its crew or passengers is threatened.
    (e) Definitions.--For purposes of this section, the terms ``air 
transportation'', ``air carrier'', ``foreign air carrier'', and 
``foreign air transportation'' have the meanings such terms have under 
section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301).

SEC. 6. LIMITATION ON TRANSFERS OF INFORMATIONAL MATERIALS.

    (a) Amendment to the International Emergency Economic Powers Act.--
Section 203(b)(3) of the International Emergency Economic Powers Act 
(50 U.S.C. 1702(b)(3)) is amended by inserting before the period at the 
end thereof the following: ``, except that informational materials do 
not include materials containing technical or commercial data of value 
to the economy of a foreign country whose transactions are otherwise 
regulated or prohibited under this section''.
    (b) Amendment to the Trading With the Enemy Act.--Section 5(b)(4) 
of the Trading With the Enemy Act (50 U.S.C. App. 5(b)(4)) is amended 
by inserting before the period at the end thereof the following: ``, 
except that informational materials do not include materials containing 
technical or commercial data of value to the economy of a foreign 
country whose transactions are otherwise regulated or prohibited under 
this section''.

SEC. 7. INCREASE IN CIVIL PENALTIES.

    Section 206(a) of the International Emergency Economic Powers Act 
(50 U.S.C. 1705(a)) is amended by striking out ``$10,000'' and 
inserting in lieu thereof ``$100,000''.

SEC. 8. STATEMENT OF CONSTRUCTION.

    Nothing in this Act restricts or limits any authority contained in 
or actions taken pursuant to the International Emergency Economic 
Powers Act (50 U.S.C. 1701-1706), the Trading With the Enemy Act (50 
U.S.C. App. 5(b)), or any other authority under which economic 
sanctions have been or may be imposed and enforced.

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