[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1067 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1067

  To prohibit United States military assistance and arms transfers to 
 foreign governments that are undemocratic, do not adequately protect 
human rights, are engaged in acts of armed aggression, or are not fully 
   participating in the United Nations Register of Conventional Arms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 1997

   Mr. Kerry (for himself, Mr. Dorgan, Mr. Feingold, Mr. Leahy, Ms. 
   Moseley-Braun, Mr. Wellstone, Ms. Landrieu, Mr. Kennedy, and Mr. 
    Harkin) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To prohibit United States military assistance and arms transfers to 
 foreign governments that are undemocratic, do not adequately protect 
human rights, are engaged in acts of armed aggression, or are not fully 
   participating in the United Nations Register of Conventional Arms.

    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 ``Code of Conduct on Arms Transfers 
Act of 1997''.

SEC. 2. PURPOSE.

    The purpose of this Act is to provide clear policy guidelines and 
congressional responsibility for determining the eligibility of foreign 
governments to be considered for United States military assistance and 
arms transfers.

SEC. 3. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND ARMS 
              TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS.

    (a) Prohibition.--Except as provided in subsections (b) and (c), 
beginning on and after October 1, 1998, United States military 
assistance and arms transfers may not be provided to a foreign 
government for a fiscal year unless the President certifies to Congress 
for that fiscal year that such government meets the following 
requirements:
            (1) Promotes democracy.--Such government--
                    (A) was chosen by and permits free and fair 
                elections;
                    (B) promotes civilian control of the military and 
                security forces and has civilian institutions 
                controlling the policy, operation, and spending of all 
                law enforcement and security institutions, as well as 
                the armed forces;
                    (C) promotes the rule of law, equality before the 
                law, and respect for individual and minority rights, 
                including freedom to speak, publish, associate, and 
                organize; and
                    (D) promotes the strengthening of political, 
                legislative, and civil institutions of democracy, as 
                well as autonomous institutions to monitor the conduct 
                of public officials and to combat corruption.
            (2) Respects human rights.--Such government--
                    (A) does not engage in gross violations of 
                internationally recognized human rights, including--
                            (i) extrajudicial or arbitrary executions;
                            (ii) disappearances;
                            (iii) torture or severe mistreatment;
                            (iv) prolonged arbitrary imprisonment;
                            (v) systematic official discrimination on 
                        the basis of race, ethnicity, religion, gender, 
                        national origin, or political affiliation; and
                            (vi) grave breaches of international laws 
                        of war or equivalent violations of the laws of 
                        war in internal conflicts;
                    (B) vigorously investigates, disciplines, and 
                prosecutes those responsible for gross violations of 
                internationally recognized human rights;
                    (C) permits access on a regular basis to political 
                prisoners by international humanitarian organizations 
                such as the International Committee of the Red Cross;
                    (D) promotes the independence of the judiciary and 
                other official bodies that oversee the protection of 
                human rights;
                    (E) does not impede the free functioning of 
                domestic and international human rights organizations; 
                and
                    (F) provides access on a regular basis to 
                humanitarian organizations in situations of conflict or 
                famine.
            (3) Not engaged in certain acts of armed aggression.--Such 
        government is not currently engaged in acts of armed aggression 
        in violation of international law.
            (4) Full participation in united nations register of 
        conventional arms.--Such government is fully participating in 
        the United Nations Register of Conventional Arms.
    (b) Requirement for Continuing Compliance.--Any certification with 
respect to a foreign government for a fiscal year under subsection (a) 
shall cease to be effective for that fiscal year if the President 
certifies to Congress that such government has not continued to comply 
with the requirements contained in paragraphs (1) through (4) of such 
subsection.
    (c) Exemptions.--
            (1) In general.--The prohibition contained in subsection 
        (a) shall not apply with respect to a foreign government for a 
        fiscal year if--
                    (A) subject to paragraph (2), the President submits 
                a request for an exemption to Congress containing a 
                determination that it is in the national security 
                interest of the United States to provide military 
                assistance and arms transfers to such government; or
                    (B) the President determines that an emergency 
                exists under which it is vital to the interest of the 
                United States to provide military assistance and arms 
                transfers to such government.
            (2) Disapproval.--A request for an exemption to provide 
        military assistance and arms transfers to a foreign government 
        shall not take effect, or shall cease to be effective, if a law 
        is enacted disapproving such request.
    (d) Notifications to Congress.--
            (1) In general.--The President shall submit to Congress 
        initial certifications under subsection (a) and requests for 
        exemptions under subsection (c)(1)(A) in conjunction with the 
        submission of the annual congressional presentation documents 
        for foreign assistance programs for a fiscal year and shall, 
        where appropriate, submit additional or amended certifications 
        and requests for exemptions at any time thereafter in the 
        fiscal year.
            (2) Determination with respect to emergency situations.--
        Whenever the President determines that it would not be contrary 
        to the national interest to do so, he shall submit to Congress 
        at the earliest possible date reports containing determinations 
        with respect to emergencies under subsection (c)(1)(B). Each 
        such report shall contain a description of--
                    (A) the nature of the emergency;
                    (B) the type of military assistance and arms 
                transfers provided to the foreign government; and
                    (C) the cost to the United States of such 
                assistance and arms transfers.

SEC. 4. PROMOTING AN INTERNATIONAL ARMS TRANSFERS REGIME.

    (a) International Cooperation.--Prior to the beginning of each 
fiscal year, the President shall compile a list of countries that do 
not meet the requirements in section 3(a) and for which the President 
has not requested an exemption under section 3(c). The President 
shall--
            (1) notify the governments participating in the Wassenaar 
        Arrangement on Export Controls for Conventional Arms and Dual 
        Use Goods and Technologies, done at Vienna, July 11 and 12, 
        1996 (in this section referred to as the ``Wassenaar 
        Arrangement''), and such other foreign governments as the 
        President deems appropriate, that the countries so listed are 
        ineligible to receive United States arms sales and military 
        assistance under this Act; and
            (2) request that the countries so notified also declare the 
        listed countries as ineligible for arms sales and military 
        assistance.
    (b) Multilateral Efforts.--The President shall continue and expand 
efforts through the United Nations and other international fora, such 
as the Wassenaar Arrangement, to limit arms transfers worldwide, 
particularly transfers to countries that do not meet the criteria 
established in section 3, for the purpose of establishing a permanent 
multilateral regime to govern the transfer of conventional arms.
    (c) Report.--
            (1) In general.--Beginning one year after the date of 
        enactment of this Act, and annually thereafter, the President 
        shall submit a report to Congress--
                    (A) describing efforts he has undertaken during the 
                preceding year to gain international acceptance of the 
                principles contained in section 3; and
                    (B) evaluating the progress made toward 
                establishing a multilateral regime to control the 
                transfer of conventional arms.
            (2) Submission of the report.--This report shall be 
        submitted in conjunction with the submission of the annual 
        congressional presentation documents for foreign assistance 
        programs for a fiscal year.

SEC. 5. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED.

    For purposes of this Act, the terms ``United States military 
assistance and arms transfers'' and ``military assistance and arms 
transfers'' mean--
            (1) assistance under chapter 2 of part II of the Foreign 
        Assistance Act of 1961 (relating to military assistance), 
        including the transfer of excess defense articles under section 
        516 of that Act;
            (2) assistance under chapter 5 of part II of the Foreign 
        Assistance Act of 1961 (relating to international military 
        education and training); or
            (3) the transfer of defense articles, defense services, or 
        design and construction services under the Arms Export Control 
        Act (excluding any transfer or other assistance under section 
        23 of such Act), including defense articles and defense 
        services licensed or approved for export under section 38 of 
        that Act.
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