[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2697 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 2697
To impose sanctions against Nigeria, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 30, 1995
Mr. Payne of New Jersey (for himself, Mr. Houghton, Mr. Rangel, Mr.
Porter, Mr. Lantos, Mr. Mfume, Mr. Frazer, Ms. McKinney, Mr. Ackerman,
Mr. Engel, Mr. Johnston of Florida, Mr. Smith of New Jersey, Ms.
Pelosi, Mr. Wynn, Mr. Chabot, Ms. Waters, and Mr. Salmon) introduced
the following bill; which was referred to the Committee on
International Relations, and in addition to the Committees on the
Judiciary, Banking and Financial Services, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions against Nigeria, 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 ``Nigeria Democracy Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The November 10, 1995, execution by hanging of Ken
Saro-Wiwa and eight other Ogoni environmental activists was
carried out by the Government of Nigeria after a trial that
ignored the fundamental standards of legal process, and despite
the pleas for clemency by the African and international
community, as well as the United States Administration, the
Chairman and ranking minority member of the Committee on
International Relations of the House of Representatives, and
the Chairman of the Congressional Black Caucus and the co-
chairs of the Human Rights Caucus of the House of
Representatives.
(2) This heinous action followed an October 1, 1995,
ambiguous statement by Nigerian military leader General Sani
Abacha, that the country would be returned to civilian
democratic rule in three years, and a lifting of the ban on
political parties while at the same time not repealing the
Treasonable Offenses Decree which allows the arrest of anyone
speaking against the government.
(3) General Abacha's announcement was pressured by the
outrage of the international community for his March 1995
arrest and conviction to long prison terms by secret trial of
some 43 persons for involvement in a so-called coup. Among
those convicted and still incarcerated are former President
General Olusegun Obasanjo, the only military leader in Nigeria
to return power to democratic civilian rule, General Shehu Musa
Yar-Adua, deputy to the President in Abaasanjo's
Administration, and later, human rights activist Beko Ransome-
Kuti.
(4) The people of Nigeria and the international community
had been led to believe that the presidential election held in
Nigeria on June 12, 1993, would result in a return to full
democratic civilian rule in Nigeria.
(5) General Ibrahim Babangida, the head of Nigeria's
military government at the time of the June 12, 1993, election
interrupted the release of the election results on June 23,
1993, and later annulled the election, thereby preventing a
return to civilian rule.
(6) The election process indicated that voters in Nigeria--
a country with a population of approximately 90,000,000 persons
comprising 250 ethnic groups and spread across 357,000 square
miles--were expressing a spirit of national unity that
transcended ethnic, religious, and regional allegiances.
(7) The reported returns suggested that Chief M.K.O. Abiola
of the Social Democratic Party was receiving a substantial
majority of the votes cast, leading the poll in 20 of the 30
States in Nigeria.
(8) The annulment of the presidential elections resulted in
various forms of civil unrest, which in turn led to the deaths
of more than 100 persons.
(9) An interim government established by General Babangida
on August 27, 1993, and headed by Ernest Shonekan, failed to
win the support of the Nigerian people.
(10) General Sani Abacha took power on November 17, 1993,
appointing an unelected Provisional Ruling Council to govern
Nigeria.
(11) Chief M.K.O. Abiola was imprisoned in solitary
confinement for over one year for pressing his claim as the
elected democratic leader of Nigeria, and still remains
incarcerated today.
(12) The political and economic conditions in Nigeria have
continued to deteriorate in the months since Abacha took
control of the country.
(13) The faith of the Nigerian people in the viability of
the nation as a unified whole must be preserved, and the
balkanization of Nigeria guarded against.
(14) The people of Nigeria have not accepted the
continuation of military rule and have courageously spoken out
in favor of the rapid return of democratic and civilian rule.
(15) On May 15, 1994, a broad coalition of Nigerian
democrats formed the National Democratic Coalition calling upon
the military government to step down in favor of the winner of
the June 12, 1993 election.
(16) The confidence of the Nigerian people and the
international community in the Provisional Ruling Council's
commitment to the restoration of democracy can only be
established by a sustained demonstration of a commitment to
human rights, due process, and the return of civilian rule.
(17) The United States would prefer to have a relationship
with Nigeria based upon cooperation and mutual support but
cannot, and will not, condone or overlook the denial of
democratic civilian rule, against the clear wishes of the
Nigerian people, by the Provisional Ruling Council or any other
body in Nigeria.
(18) The lack of support from the Nigerian authorities on
drug trafficking issues forced the United States for the last 2
years to place Nigeria on the list of countries penalized for
failure to seriously address the narcotics proliferation issue,
thus endangering vulnerable youth in our communities.
(19) Continuing credible reports of widespread corruption
and questionable business practices in the Nigerian Government
and ``scams'' in the United States, and the lack of cooperation
in addressing these problems by the Nigerian Government,
further undermines Nigeria's credibility in the international
community, and is a constant embarrassment to approximately
1,000,000 law-abiding Nigerian Americans.
(20) Nigeria's leadership role on the African continent,
especially in the area of peacekeeping, will be severely
compromised by its failure to rejoin the world community of
democratic nations.
(21) Nigeria was recently suspended from the Commonwealth,
a forum linking Britain and former colonies, and African
countries like South Africa have already called for diplomatic,
economic, and sports sanctions, since the limited sanctions
imposed by the United States Administration have had little
effect in safeguarding the lives of the people of Nigeria and
moving Nigeria toward democracy.
SEC. 3. DECLARATIONS OF POLICY.
(a) Commitment to Unity and Democracy by the Nigerian People.--The
Congress continues to support the Nigerian people in their commitment
to unity and democracy as evidenced by their participation in the June
12, 1993, presidential election in Nigeria, and in their subsequent
insistence on the return to full civilian and democratic rule.
(b) Actions Taken by the United States.--While the Congress
endorses the limited steps taken by the Administration to demonstrate
United States opposition to the annulment of the June 12, 1993,
presidential election in Nigeria, more needs to be accomplished to
encourage the restoration of fully democratic and civilian rule in
Nigeria.
(c) Sanctions to be Implemented in Coordination With International
Community.--The Congress declares that the sanctions against Nigeria
contained in this Act should be taken in concert with the international
community and the United Nations to the maximum extent possible.
(d) Increase in Democracy Building and Rule of Law Assistance.--The
Congress declares that the finite foreign assistance resources of the
United States Government provided to Nigeria should be re-prioritized
within present budget levels in order that more funds can be expended
for democracy building and the promotion of the rule of law through
nongovernmental organizations in Nigeria.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA.
(a) United States Measures To Promote Democracy and Human Rights.--
(1) No assistance.--
(A) In general.--Except as provided in subparagraph
(B), no assistance may be made available under the
Foreign Assistance Act of 1961 or the Arms Export
Control Act to the Government of Nigeria.
(B) Exceptions.--The prohibition in subparagraph
(A) shall not apply to assistance for democracy
building and the promotion of the rule of law through
nongovernmental organizations.
(2) International financial institutions.--The President
shall instruct the United States Executive Director of each
international financial institution to vote against any loan or
other utilization of the funds of the respective institution to
or from Nigeria.
(3) Air transportation.--Air transportation with Nigeria
shall be prohibited in accordance with subsection (b).
(4) Defense articles and services.--No defense article or
defense service may be sold or financed with respect to
Nigeria, and no license to export to Nigeria a defense article
or service may be issued.
(5) Exclusion of nigerians from admission to the united
states.--Except as required by United States treaty
obligations, any Nigerian national who formulates, implements,
or benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families shall be
ineligible to receive a visa and shall be excluded from
admission into the United States.
(6) Eximbank, opic, and tda.--No funds available to the
Export-Import Bank of the United States, the Overseas Private
Investment Corporation, or the Trade and Development Agency may
be used with respect to Nigeria.
(7) Prohibition of new investment.--
(A) In general.--No national of the United States
may, directly or through another person, make any new
investment in Nigeria, including new investments in the
energy sector.
(B) Effective date.--The prohibition contained in
subparagraph (A) shall take effect 45 days after the
date of enactment of this Act.
(8) Assets freeze.--The President, acting through the
Secretary of the Treasury, shall exercise the authority of the
International Emergency Economic Powers Act to block the assets
of any Nigerian national who formulates, implements, or
benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families.
(b) Prohibition of Air Transportation With Nigeria.--
(1) Prohibition on nigerian air carrier.--
(A) In general.--Not later than 10 days after the
date of the enactment of this Act, the President shall
direct the Secretary of Transportation to revoke the
right of any air carrier designated by the Government
of Nigeria under any air transport agreement between
the United States and Nigeria to service the routes
provided in the agreement.
(B) Notification.--The President shall immediately
notify the Government of Nigeria of his intention to
suspend, in accordance with subparagraph (A), the
rights of any air carrier designated by the Government
of Nigeria under any such air transport agreement.
(2) Prohibition on united states air carrier.--Not later
than 10 days after the date of the enactment of this Act, the
President shall direct the Secretary of Transportation not to
permit or otherwise designate any United States air carrier to
provide service between the United States and Nigeria pursuant
to any air transport agreement between the United States and
Nigeria.
(3) Termination of air transport agreements.--
(A) In general.--Not later than 10 days after the
date of the enactment of this Act, the Secretary of
State shall terminate any air transport agreement
between the Government of the United States and the
Government of Nigeria in accordance with the provisions
of that agreement.
(B) Prohibition on nigerian aircraft.--Upon
termination of such agreement, the Secretary of
Transportation shall prohibit any aircraft of a foreign
air carrier owned, directly or indirectly, by the
Government of Nigeria or by Nigerian nationals from
engaging in air transportation with respect to the
United States.
(C) Prohibition on united states aircraft.--The
Secretary of Transportation shall prohibit the takeoff
and landing in Nigeria of any aircraft by an air
carrier owned, directly or indirectly, or controlled by
a national of the United States or by any corporation
or other entity organized under the laws of the United
States or of any State.
(4) Waivers.--The President may waive the prohibitions
contained in paragraph (1), (2), or (3) if the President
determines and certifies to the Congress that the air
transportation prohibited under either such paragraph is
important to the national interest of the United States,
including emergencies in which the safety of an aircraft or its
crew or passengers is threatened.
(5) Definitions.--For the purposes of this subsection, the
terms ``aircraft'', ``air transportation'', and ``foreign air
carrier'' have the meanings given those terms in section 101 of
the Federal Aviation Act of 1958 (49 U.S.C. 1301).
(c) Multilateral Measures To Promote Democracy and Human Rights.--
The President shall instruct the United States Permanent Representative
to the United Nations to actively pursue the passage of any resolution
by the United Nations Security Council that enhances the cooperation of
other nations in the application of the spirit and intent of the
sanctions contained in this section.
(d) Waiver of Sanctions.--The President may waive any of the
sanctions contained in this section if the President determines and
certifies to the Congress that such a waiver is important to the
national interest of the United States.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the United States should follow the precedent of the
Federation of International Football Associations which
withdrew its invitation for Nigeria to host the World Youth
Soccer Championships in 1995 by excluding Nigerian sporting
teams from participating in any sporting event in the United
States; and
(2) not later than 60 days prior to the opening of the 1996
Olympic Games to be held in the United States, the President
should make a determination as to the appropriateness of
issuing visas for Nigerian participants in the Olympic Games
based upon the progress made by Nigeria toward democracy.
SEC. 6. REPORT.
Not later than 3 months after the date of the enactment of this
Act, and every 6 months thereafter, the President shall prepare and
transmit to the Congress a report on the extent to which Nigeria has
made progress toward democracy, civilian rule, and respect for
internationally recognized human rights.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) International financial institution.--The term
``international financial institutions'' includes the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Mutual Investment Guarantee Agency,
the African Development Bank, the African Development Fund, and
the International Monetary Fund.
(2) National of the united states.--The term ``national of
the United States'' means--
(A) a natural person who is a citizen of the United
States or is an alien lawfully admitted for permanent
residence in the United States, as defined by section
101(a)(20) of the Immigration and Nationality Act; or
(B) a corporation, partnership, or other business
association which is organized under the law of the
United States, any State or territory thereof, or the
District of Columbia.
(3) New investment.--The term ``new investment''--
(A) means--
(i) a commitment or contribution of funds
or other assets, and
(ii) a loan or other extension of credit,
and
(B) does not include--
(i) the reinvestment of profits generated
by a controlled Nigerian entity into that same
controlled Nigerian entity or the investment of
such profits in a Nigerian entity; and
(ii) contributions of money or other assets
where such contributions are necessary to
enable a controlled Nigerian entity to operate
in an economically sound manner, without
expanding its operations.
(4) Nigerian entity.--The term ``Nigerian entity'' means--
(A) a corporation, partnership, or other business
association or entity organized in Nigeria; or
(B) a branch, office, agency, or sole
proprietorship in Nigeria of a person that resides or
is organized outside Nigeria.
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