[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 681 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 681

   To provide for the imposition of sanctions against Colombia with 
             respect to illegal drugs and drug trafficking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 1995

  Mr. Helms (for himself and Mr. Mack) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To provide for the imposition of sanctions against Colombia with 
             respect to illegal drugs and drug trafficking.

    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 ``Narcotics National Emergency 
Sanctions Act of 1995''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Cocaine is the primary drug threat to the United 
        States, and heroin poses an increasingly serious drug threat to 
        the United States.
            (2) Colombia is the ``corporate headquarters'' for the 
        international cartels responsible for the production and 
        distribution of at least 80 percent of the cocaine that enters 
        the United States.
            (3) Colombia is the primary producer of heroin in the 
        Western Hemisphere and is a significant cultivator of 
        marijuana.
            (4) Courageous and dedicated Colombians risk their lives 
        every day in order to fight drug traffickers, and these 
        Colombians deserve the support of the United States and of the 
        Government of Colombia.
            (5) The Government of Colombia did not take significant 
        actions in 1994 to dismantle drug cartels in Colombia, capture 
        drug kingpins, or reverse the influence of drug-related 
        corruption on the political system of Colombia.
            (6) The lack of achievement of the Government of Colombia 
        in 1994 in its efforts against drugs raises significant 
        questions as to whether the Colombian people presently receive 
        the support of that government in such efforts.
            (7) The political and judicial systems of Colombia are 
        plagued by drug-related corruption, including an ineffective 
        plea-bargaining system that leaves law-abiding citizens 
        virtually unprotected against crime.
            (8) The plea-bargaining system in Colombia is so 
        ineffective that at least 33 percent of the convictions for 
        drug-related crimes do not result in imprisonment.
            (9) The Prosecutor General of Colombia has stated that the 
        judicial process in Colombia system ``results in virtual 
        impunity [for drug traffickers]''.
            (10) Colombia is a significant center for money-laundering 
        activities, and, as a result, the financial system of Colombia 
        is inundated with illegal monies.
            (11) Despite repeated assurances it considers the war 
        against drugs to be a ``moral imperative'' and a ``matter of 
        national security'' requiring ``an all out effort, without 
        limits,'' the Government of Colombia has failed to keep 
        specific commitments made on July 15, 1994 by President-elect 
        Samper that Colombia would--
                    (A) devote law enforcement resources, including 
                creating an elite corps of investigators, to the 
                investigation, apprehension, arrest, prosecution, and 
                imprisonment of major drug traffickers and their 
                accomplices, including political allies;
                    (B) rapidly reform the penal code of Colombia, 
                including increasing penalties for drug traffickers, 
                closing loopholes in the plea bargain system, and 
                strengthening anti-corruption and money-laundering 
                laws; and
                    (C) participate in the creation of an anti-
                narcotics force for Caribbean Basin countries and the 
                implementation of a global export monitoring system for 
                precursor chemicals.
            (12) Evidence suggests that the influence of drug kingpins 
        reaches the Congress of Colombia and the Office of the 
        President of Colombia.
            (13) The Government of Colombia has not taken any 
        significant steps to investigate or prosecute cases of drug-
        related corruption, nor has that government undertaken a 
        meaningful investigation into allegations that the campaign 
        treasury of President Samper received millions of dollars from 
        the Cali cartel or into allegations of extensive corruption in 
        the Congress of Colombia.
            (14) The Government of Colombia has not demonstrated the 
        political will to move against major drug traffickers in 
        Colombia, and President Samper has not used his considerable 
        public influence to build political support for direct, 
        effective action against drug kingpins and the scourge of drugs 
        in Colombia.
            (15) The Government of Colombia has not arrested or 
        imprisoned any significant member of the Cali drug cartel, a 
        cartel which accounts for at least 80 percent of the cocaine 
        that is shipped into the United States.
            (16) Colombia has in effect laws to address drugs and drug-
        related corruption in a meaningful manner, but the Government 
        of Colombia does not enforce such laws.
            (17) The democratically-elected Government of Colombia is 
        being subjugated to the interests of drug traffickers in 
        Colombia.
            (18) On February 6, 1995, the President of Colombia 
        outlined a program of the Government of Colombia called the 
        ``Program of the War Against Illicit Drugs''.
            (19) In promising to pursue the program, the President of 
        Colombia stated that Colombia ``will continue fighting 
        [narcotics] because we are convinced that the struggle against 
        this serious scourge is a moral imperative, a response to a 
        public health problem, and, most of all, an issue of national 
        security.''

SEC. 3. SANCTIONS.

    Subject to sections 4 and 6, the following sanctions shall apply 
against Colombia as of February 6, 1996:
            (1) Bilateral assistance.--Funds available under the 
        following programs of assistance may not be obligated or 
        expended to provide assistance with respect to Colombia:
                    (A) Development assistance.--assistance to carry 
                out chapter 1 of part I of the Foreign Assistance Act 
                of 1961.
                    (B) Economic support fund assistance.--Assistance 
                to carry out chapter 4 of part II of the Foreign 
                Assistance Act of 1961.
                    (C) Foreign military financing.--Financing under 
                section 23 of the Arms Export Control Act.
                    (D) IMET Assistance.--Assistance to carry out 
                chapter 5 of part II of the Foreign Assistance Act of 
                1961.
                    (E) Overseas private investment corporation.--
                Activities of the Overseas Private Investment 
                Corporation under title IV of chapter 2 of part I of 
                the Foreign Assistance Act of 1961.
                    (F) Export-import bank.--Financing by the Export-
                Import Bank of the United States under the Export-
                Import Bank Act of 1945.
            (2) Multilateral development banks.--The Secretary of the 
        Treasury shall instruct each United States executive director 
        of a multilateral development bank to vote against any loan or 
        other utilization of the funds of the respective bank to or for 
        Colombia.
            (3) Licenses for commercial arms exports.--Appropriated 
        funds may not be obligated or expended to license the 
        commercial export of items on the United States Munitions List 
        under section 38 of the Arms Export Control Act to Colombia.
            (4) Military activities.--Appropriated funds may not be 
        obligated or expended for purposes of carrying out military 
        activities in Colombia or that benefit Colombia, including 
        joint military activities involving the Armed Forces of the 
        United States and the Armed Forces of Colombia.
            (5) Trade preferences.--
                    (A) Andean trade preference act.--The President 
                shall withdraw the designation of Colombia as a 
                beneficiary country under section 203 of the Andean 
Trade Preference Act (19 U.S.C. 3202). The President shall make such 
withdrawal without regard to the procedures set forth in subsection (e) 
of that section. Such withdrawal shall apply to goods entered, or 
withdrawn from warehouse for consumption, after the date that is 45 
days after the date sanctions under this section first apply to 
Colombia and such goods shall be subject to duty at the rates of duty 
specified for such goods under the general subcolumn of column 1 of the 
Harmonized Tariff Schedule of the United States.
                    (B) Trade act of 1974.--The President shall 
                terminate the designation of Colombia as a beneficiary 
                developing country under section 502 of the Trade Act 
                of 1974 (19 U.S.C. 2462). The President shall terminate 
                such designation without regard to the procedures set 
                forth in subsection (a)(2) of that section. Such 
                withdrawal shall apply to goods entered, or withdrawn 
                from warehouse for consumption, after the date that is 
                45 days after the date sanctions under this section 
                first apply to Colombia and such goods shall be subject 
                to duty at the rates of duty specified for such goods 
                under the general subcolumn of column 1 of the 
                Harmonized Tariff Schedule of the United States.
                    (C) Other trade preference programs.--Colombia may 
                not be designated as eligible to receive preferential 
                trade treatment under any other program.
                    (D) Free trade agreements.--Colombia shall not be--
                            (i) extended tariff or quota treatment 
                        equivalent to that accorded to members of the 
                        North American Free Trade Agreement; or
                            (ii) allowed to participate in the 
                        discussion or implementation of a free trade 
                        agreement involving Western Hemisphere 
                        countries.
                    (E) Superseding existing law.--The sanctions 
                described in this paragraph shall apply notwithstanding 
                any other provision of law.
            (6) Exclusion from entry into united states.--
                    (A) In general.--The President shall take all 
                reasonable steps provided by law to ensure that public 
                officials in Colombia, regardless of rank, who are 
                implicated in drug-related corruption, their immediate 
                relatives, and business partners are not permitted 
                entry into the United States, consistent with the 
                provisions of the Immigration and Nationality Act (8 
                U.S.C. 1101 et seq.).
                    (B) Applicability.--Subparagraph (A) shall apply in 
                the case of a public official in Colombia, and the 
                relatives and business partners of such official, until 
                the completion by the Government of Colombia of an 
                investigation into the drug-related corruption of the 
                official that is satisfactory to the Secretary of State 
                and the Attorney General of the United States and is so 
                certified to the President.

SEC. 4. DETERMINATION AND CERTIFICATION.

    (a) Certification Procedures for Initial Period.--Subject to 
section 7(a)(1), the sanctions described in section 3 shall not apply 
to Colombia during the period beginning February 6, 1996, and ending 
February 5, 1997, if the President determines and certifies to the 
appropriate congressional committees on February 6, 1996, the matters 
set forth in subsection (b).
    (b) Determination.--The determination referred to in subsection 
(a)(1) is the following:
            (1) That the Government of Colombia has made substantial 
        progress in the following matters:
                    (A) Investigating contributions by drug traffickers 
                to political parties in Colombia.
                    (B) Providing funding for a sustainable alternative 
                development program to encourage Colombia farmers to 
                grow legal crops.
                    (C) Utilizing the law enforcement resources of 
                Colombia to investigate, capture, convict, and imprison 
                major drug lords in Colombia and their accomplices.
                    (D) Implementing and funding fully a proposed plan 
                for the improvement of the administration of the 
                Ministry of Justice of Colombia.
                    (E) Acting effectively to confiscate profits from 
                activities relating to illegal drugs.
                    (F) Enacting legislation to implement the United 
                Nations Convention Against Illicit Traffic in Narcotic 
                Drugs and Psychotropic Substances.
                    (G) Dismantling the infrastructure in Colombia that 
                is used for processing illegal drugs, interdicting the 
                chemicals used for such processing, and seizing or 
                disabling vehicles (including airplanes and ships) used 
                to transport processed illegal drugs.
                    (H) Investing in technology to improve surveillance 
                of airports, waterways, and seaports in Colombia.
                    (I) Constructing an installation for the Colombia 
                Coast Guard on San Andres Island, Colombia, in order to 
                provide effective surveillance of airplane and ship 
                traffic that departs from the island.
                    (J) Improving the aircraft detection and 
                interception systems of Colombia, including the 
                purchase of aircraft detectors.
                    (K) Encouraging and participating in the adoption 
                of an Inter-American convention to ban the 
                establishment of a financial safe haven in any country 
                in the Western Hemisphere.
            (2) That the Government of Colombia has accomplished the 
        following:
                    (A) The reform of the penal code of Colombia in 
                order to increase penalties for drug traffickers and to 
                remove opportunities for such traffickers to enter into 
                plea bargains.
                    (B) The creation of an effective investigation unit 
                to detect and bring to prosecution individuals in 
                Colombia who engage in corrupt activities related to 
                drugs.
                    (C) The enactment of legislation to implement the 
                statute prohibiting money laundering that was enacted 
                by the Colombia legislature in 1994.
                    (D) The destruction of 44,000 hectares of coca and 
                poppy plants in Colombia by January 1, 1996.
    (c) Certification Procedures for Subsequent Period.--Subject to 
section 7(a)(1), the sanctions described in section 3 shall not apply 
to Colombia, and any trade designations withdrawn or terminated under 
section 3(5) shall be reinstated with respect to Colombia, if the 
President determines and certifies to the appropriate congressional 
committees on February 6, 1997, the matters set forth in subsection 
6(b).

SEC. 5. DISCRETIONARY SANCTIONS.

    (a) Authority.--The President may impose on Colombia the sanctions 
described in section 4, or such other sanctions as the President 
considers appropriate, if the President determines that the Government 
of Colombia is not cooperating with the United States in counter-drug 
activities in and with respect to Colombia.
    (b) Requirements for Imposition.--The President shall impose 
sanctions under this section by transmitting to the appropriate 
congressional committees a notice of the imposition of the sanctions. 
The notice shall set forth the sanctions imposed and the effective date 
of the sanctions.
    (c) Termination of Sanctions.--(1) Subject to section 7(a)(2), 
sanctions imposed under this section shall terminate 45 days after the 
date on which the President transmits to the appropriate congressional 
committees the determination and certification referred to in section 
6(a).
    (2) Upon the termination of sanctions under this section, any trade 
designation withdrawn or terminated under section 3(5) shall be 
reinstated with respect to Colombia.
    (d) Expiration of Authority.--The authority of the President to 
impose sanctions under this section shall expire on February 5, 1996.

SEC. 6. TERMINATION OF SANCTIONS.

    (a) In General.--(1) Subject to subsection (c) and section 7(a)(2), 
the sanctions described in section 3 shall terminate 45 days after the 
date on which the President determines and certifies to the appropriate 
congressional committees the matters set forth in subsection (b).
    (2) Upon the termination of sanctions under this subsection, any 
trade designation withdrawn or terminated under section 3(5) shall be 
reinstated with respect to Colombia.
    (b) Determination.--The determination referred to in subsection 
(a)(1) is the following:
            (1) That the Government of Colombia continues to make 
        substantial progress with respect to the following matters:
                    (A) Investigating contributions by drug traffickers 
                to political parties in Colombia.
                    (B) Prosecuting the persons responsible for illegal 
                contributions to political parties and campaigns.
                    (C) Providing funding for a sustainable alternative 
                development program to encourage Colombia farmers to 
                grow legal crops.
                    (D) Utilizing the law enforcement resources of 
                Colombia to investigate, capture, convict, and imprison 
                major drug lords in Colombia and their accomplices.
                    (E) Implementing a reform of the penal code of 
                Colombia so as to punish and incarcerate drug 
                traffickers and to terminate the availability of 
                lenient plea bargains.
                    (F) Deploying an effective investigation unit to 
                detect and bring to prosecution individuals in Colombia 
                who engage in corrupt activities related to drugs.
                    (G) Implementing and funding fully a proposed plan 
                for the improvement of the administration of the 
                Ministry of Justice of Colombia.
                    (H) Acting effectively to confiscate profits from 
                activities relating to illegal drugs.
                    (I) Enforcing effectively the statute prohibiting 
                money laundering that was enacted by the Colombia 
                legislature in 1994.
                    (J) Investing in technology to improve surveillance 
                of airports, waterways, and seaports in Colombia and 
                utilizing such technology.
                    (K) Improving the aircraft detection and 
                interception systems of Colombia and utilizing such 
                systems.
                    (L) Encouraging and participating in the adoption 
                of an Inter-American convention to ban the 
                establishment of a financial safe haven in any country 
                in the Western Hemisphere.
            (2) That the Government of Colombia has accomplished the 
        following:
                    (A) The enactment of legislation to implement the 
                United Nations Convention Against Illicit Traffic in 
                Narcotic Drugs and Psychotropic Substances.
                    (B) The destruction of all remaining hectares of 
                illicit crops in Colombia.
                    (C) The construction of an installation for the 
                Colombia Coast Guard on San Andres Island, Colombia, 
                and in order to provide effective surveillance of 
                airplane and ship traffic that departs from the island.
    (c) Date of Transmittal.--The President shall transmit the 
determination and certification described in this section, if at all, 
not earlier than February 6, 1997.

SEC. 7. CONGRESSIONAL REVIEW.

    (a) In General.--
            (1) Review of applicability.--The sanctions described in 
        section 3 shall apply to Colombia notwithstanding a 
        determination of the President under subsection (a) or (c) of 
        section 4 if, within 45 days after receipt of a certification 
        under such subsection (a) or (c), respectively, Congress enacts 
        a joint resolution disapproving the determination contained 
in such certification. The effective date of such sanctions shall be 
the date on which Congress enacts a joint resolution disapproving the 
determination concerned.
            (2) Review of termination.--The sanctions described in 
        section 3, and the sanctions authorized by section 5, shall not 
        terminate notwithstanding a determination of the President 
        under section 6(a) or 5(c), respectively, if, within 45 days 
        after receipt of a certification under such section 6(a) or 
        5(c), respectively, Congress enacts a joint resolution 
        disapproving the determination contained in such certification.
    (b) Procedures.--The procedures for the consideration of a joint 
resolution disapproving a determination under this section shall be 
governed by the procedures set forth in section 490A(f)(2) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2291k(f)(2)).

SEC. 8. RELATIONSHIP TO OTHER CERTIFICATION REQUIREMENTS WITH RESPECT 
              TO COLOMBIA.

    In fiscal year 1996 and in any other fiscal year in which sanctions 
are imposed on Colombia under this Act, the President shall transmit 
the applicable determination and certification under this Act in lieu 
of the determination and certification, if any, required with respect 
to Colombia in such fiscal year under section 490A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291k).

SEC. 9. REPORTS.

    (a) Requirement.--Subject to subsection (b), the Secretary of State 
shall submit to the appropriate congressional committees a report on--
            (1) the progress made by the Government of Colombia in the 
        matters set forth in paragraph (1) of section 4(b); and
            (2) the accomplishments of that government with respect to 
        the matters set forth in paragraph (2) of that section.
    (b) Dates of Submittal.--The Secretary shall submit a report under 
this subsection not later than--
            (1) September 1, 1995; and
            (2) September 1 of each year thereafter until the year 
        following the year in which sanctions, if any, on Colombia 
        under this Act terminate.

SEC. 10. DEFINITIONS.

    As used in this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Foreign Relations of the Senate and the Committee on 
        International Relations of the House of Representatives.
            (2) Drug.--The term ``drug'' refers to any substance that, 
        if subject to the jurisdiction of the United States, would be a 
        controlled substance within the meaning of section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(6)).
            (3) Drug trafficker.--The term ``drug trafficker'' means 
        any person who transports, transfers, or otherwise disposes of 
        illegal drugs, to another, as consideration for anything of 
        value, or makes or obtains control of illegal drugs with the 
        intent to so transport, transfer, or dispose of.
            (4) Multilateral development banks.--The term 
        ``multilateral development banks'' includes the International 
        Bank for Reconstruction and Development, the International 
        Development Association, and the Inter-American Development 
        Bank.
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