[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1786 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1786

      To impose sanctions against Nigeria, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 1997

  Mr. Payne (for himself, Mr. Houghton, Mr. Chabot, Ms. McKinney, Mr. 
 Smith of New Jersey, Mr. Faleomavaega, Mr. Lantos, Mr. Ackerman, Ms. 
  Norton, Mr. Porter, Ms. Pelosi, Ms. Waters, Mr. Brown of Ohio, Mr. 
 Olver, Mr. Manton, Mr. Shays, Ms. Eddie Bernice Johnson of Texas, Ms. 
DeLauro, Mr. Filner, and Mr. Clay) introduced the following bill; which 
   was referred to the Committee on International Relations, and in 
     addition to the Committees on Banking and Financial Services, 
 Transportation and Infrastructure, and the Judiciary, 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) The United Nations recommended in both March and April 
        of 1996 that the Government of Nigeria release the bodies of 
        the Ogoni Nine for proper burial and paid compensation to the 
        families of the deceased.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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.
            (8) 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.
            (9) 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.
            (10) 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.
            (11) General Sani Abacha took power on November 17, 1993, 
        appointing an unelected Provisional Ruling Council to govern 
        Nigeria.
            (12) 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.
            (13) The political and economic conditions in Nigeria have 
        continued to deteriorate in the months since Abacha took 
        control of the country.
            (14) 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.
            (15) 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.
            (16) 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.
            (17) 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.
            (18) 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.
            (19) 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.
            (20) 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.
            (21) 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.
            (22) 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) the President should work with the Government of 
        Australia prior to the opening of the 2000 Olympic Games to be 
        held in Sydney, Australia, to determine the appropriateness of 
        issuing visas for Nigerian participants in those 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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