[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2042 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2042

   To authorize the Secretaries of State, Treasury, and Commerce to 
jointly conduct a comprehensive investigation of business practices by 
the State of Kuwait relating to the financial and commercial treatment 
of United States persons and of the Kuwait system for the resolution of 
                          commercial disputes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 1995

 Mr. McIntosh introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretaries of State, Treasury, and Commerce to 
jointly conduct a comprehensive investigation of business practices by 
the State of Kuwait relating to the financial and commercial treatment 
of United States persons and of the Kuwait system for the resolution of 
                          commercial disputes.
    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 ``Kuwait Business Practices Review Act 
of 1995''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress makes the following findings with respect to United 
States commercial relations with the State of Kuwait:
            (1) United States companies or companies operated or owned 
        in whole or in part by United States persons maintain a major 
        presence in the State of Kuwait, the result of projects 
        undertaken prior to the Gulf War as well as significant Kuwaiti 
        rebuilding projects resulting directly from the Gulf War.
            (2) The volume of United States business participation in 
        Kuwait at the present time is of sufficient magnitude to 
        require congressional oversight as part of Congress' overall 
        foreign policy responsibilities.
            (3) A number of United States persons have brought to 
        Congress' attention recent serious difficulties in their 
        financial and commercial relations with Kuwait, and in 
        resolving these disputes both within and without the State of 
        Kuwait.
            (4) As a result of the United States determination, 
        sacrifice, and support of the Kuwaiti State during operations 
        Desert Shield and Desert Storm, the Kuwaiti Government should 
        be particularly sensitive to provide fundamental fairness to 
        American persons involved in financial and commercial 
        transactions in or involving Kuwait, including with respect to 
        the settlement of disputes.
            (5) It is in the interests of both the United States and 
        the State of Kuwait that any financial and commercial practices 
        which threaten continued good relations be examined and 
        resolved as quickly as possible.

SEC. 3. INVESTIGATION AND REPORT.

    (a) Investigation.--The Secretaries of State, Commerce, and 
Treasury are hereby directed to conduct a joint investigation of 
financial and commercial practices by the State of Kuwait and its 
departments and agencies with respect to--
            (1) the commercial and financial treatment of entities 
        doing business in or with Kuwait which are operated or owned in 
        whole or in part by United States persons, with specific 
        reference to the nature of current disputes and the system now 
        in effect to resolve such disputes; and
            (2) whether the Government of Kuwait has engaged in conduct 
        which would be considered an abuse of established legal norms 
        in its own country or elsewhere as a means to conceal 
        inappropriate commercial and financial practices.
    (b) Report.--Not later than 180 days after the date of enactment, 
the Secretaries shall submit a joint report to the Congress with 
respect to the results of the investigation authorized under section 3 
of this Act, such report to include--
            (1) specific proposals on actions which the United States 
        should take to improve the treatment of entities doing business 
        in or with Kuwait which are operated or owned in whole or in 
        part by United States persons, and making recommendations to 
        improve whatever mechanisms are now in place for commercial 
        dispute resolution; and
            (2) recommendations regarding whether the financial and 
        commercial practices of the Government of Kuwait are so 
        violative of international and domestic law and generally 
        accepted principles of good faith and comity that the United 
        States should consider restrictive economic measures against 
        Kuwait, such measures to take into account Kuwaiti assets in 
        the United States.

SEC. 4. DIPLOMATIC REMEDIES.

    Not later than 180 days after the report which is mandated by this 
section has been submitted, the Secretary of State shall recommend to 
Congress appropriate modifications of the relationship between the 
United States and the State of Kuwait if such State has failed to 
remedy any improper financial, commercial, or legal practices found to 
exist under this Act.

SEC. 5. EFFECTIVE DATE.

    This Act shall become effective on the date of enactment.
                                 <all>