[Congressional Record Volume 141, Number 122 (Wednesday, July 26, 1995)]
[Senate]
[Pages S10738-S10740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


            THE FOREIGN RELATIONS REVITALIZATION ACT OF 1995

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                   D'AMATO AMENDMENTS NOS. 1849-1850

  (Ordered to lie on the table.)
  Mr. D'AMATO submitted two amendments intended to be proposed by him 
to the bill (S. 908) to authorize appropriations for the Department of 
State for fiscal years 1996 through 1999 and to abolish the U.S. 
Information Agency, the U.S. Arms Control and Disarmament Agency, and 
the Agency for International Development, and for other purposes; as 
follows:

                           Amendment No. 1849

       At the appropriate place insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Iran Foreign Sanctions Act 
     of 1995''.

     SEC. 2. IMPOSITION OF SANCTIONS ON PERSONS ENGAGING IN TRADE 
                   WITH IRAN.

       (a) Determination by the President.--
       (1) In general.--The President shall impose the sanctions 
     described in subsection (b) if the President determines in 
     writing that, on or after the date of enactment of this Act, 
     a foreign person has, with requisite knowledge, engaged in 
     trade with Iran in any goods or technology (as defined in 
     section 16 of the Export Administration Act of 1979).
       (2) Persons against which the sanctions are to be 
     imposed.--The sanctions shall be imposed pursuant to 
     paragraph (1) on--
       (A) the foreign person with respect to which the President 
     makes the determination described in that paragraph;
       (B) any successor entity to that foreign person;
       (C) any foreign person that is a parent or subsidiary of 
     that person if that parent or subsidiary with requisite 
     knowledge engaged in the activities which were the basis of 
     that determination; and
       (D) any foreign person that is an affiliate of that person 
     if that affiliate with requisite 

[[Page S10739]]
     knowledge engaged in the activities which were the basis of that 
     determination and if that affiliate is controlled in fact by 
     that person.
       (b) Sanctions.--
       (1) Description of sanctions.--The sanctions to be imposed 
     pursuant to subsection (a)(1) are, except as provided in 
     paragraph (2) of this subsection, as follows:
       (A) Procurement sanction.--The United States Government 
     shall not procure, or enter into any contract for the 
     procurement of, any goods or services from any person 
     described in subsection (a)(2).
       (B) Export sanction.--The United States Government shall 
     not issue any license for any export by or to any person 
     described in subsection (a)(2).
       (2) Exceptions.--The President shall not be required to 
     apply or maintain the sanctions under this section--
       (A) in the case of procurement of defense articles or 
     defense services--
       (i) under existing contracts or subcontracts, including the 
     exercise of options for production quantities to satisfy 
     requirements essential to the national security of the United 
     States;
       (ii) if the President determines in writing that the person 
     or other entity to which the sanction would otherwise be 
     applied is a sole source supplier of the defense articles or 
     services, that the defense articles or services are 
     essential, and that alternative sources are not readily or 
     reasonably available; or
       (iii) if the President determines in writing that such 
     articles or services are essential to the national security 
     under defense coproduction agreements;
       (B) to products or services provided under contracts 
     entered into before the date on which the President publishes 
     his intention to impose the sanction;
       (C) to--
       (i) spare parts which are essential to United States 
     products or production;
       (ii) component parts, but not finished products, essential 
     to United States products or production; or
       (iii) routine servicing and maintenance of products, to the 
     extent that alternative sources are not readily or reasonably 
     available;
       (D) to information and technology essential to United 
     States products or production; or
       (E) to medical or other humanitarian items.
       (c) Supersedes Existing Law.--The provisions of this 
     section supersede the provisions of section 1604 of the Iran-
     Iraq Arms Non-Proliferation Act of 1992 (as contained in 
     Public Law 102-484) as such section applies to Iran.

     SEC. 3. WAIVER AUTHORITY.

       The provisions of section 2 shall not apply if the 
     President determines and certifies to the appropriate 
     congressional committees that Iran--
       (1) has substantially improved its adherence to 
     internationally recognized standards of human rights;
       (2) has ceased its efforts to acquire a nuclear explosive 
     device; and
       (3) has ceased support for acts of international terrorism.

     SEC. 4. REPORT REQUIRED.

       Beginning 60 days after the date of enactment of this Act, 
     and every 90 days thereafter, the President shall transmit to 
     the appropriate congressional committees a report 
     describing--
       (1) the nuclear and other military capabilities of Iran; 
     and
       (2) the support, if any, provided by Iran for acts of 
     international terrorism.

     SEC. 5. DEFINITIONS.

       As used in this Act:
       (1) Act of international terrorism.--The term ``act of 
     international terrorism'' means an act--
       (A) which is violent or dangerous to human life and that is 
     a violation of the criminal laws of the United States or of 
     any State or that would be a criminal violation if committed 
     within the jurisdiction of the United States or any State; 
     and
       (B) which appears to be intended--
       (i) to intimidate or coerce a civilian population;
       (ii) to influence the policy of a government by 
     intimidation or coercion; or
       (iii) to affect the conduct of a government by 
     assassination or kidnapping.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Banking, Housing and Urban Affairs and Foreign Relations 
     of the Senate and the Committees on Banking and Financial 
     Services and International Relations of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means--
       (A) an individual who is not a United States national or an 
     alien admitted for permanent residence to the United States; 
     or
       (B) a corporation, partnership, or other nongovernment 
     entity which is not a United States national.
       (4) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (5) Nuclear explosive device.--The term ``nuclear explosive 
     device'' means any device, whether assembled or disassembled, 
     that is designed to produce an instantaneous release of an 
     amount of nuclear energy from special nuclear material that 
     is greater than the amount of energy that would be released 
     from the detonation of one pound of trinitrotoluene (TNT).
       (6) Definition.--For purposes of this subsection, the term 
     ``requisite knowledge'' means situations in which a person 
     ``knows'', as ``knowing'' is defined in section 104 of the 
     Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2).
       (7) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, Guam, the United States Virgin 
     Islands, and any other territory or possession of the United 
     States.
       (8) United states national.--The term ``United States 
     national'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States;
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons who 
     are nationals of the United States own, directly or 
     indirectly, more than 50 percent of the outstanding capital 
     stock or other beneficial interest in such legal entity; and
       (C) any foreign subsidiary of a corporation or other legal 
     entity described in subparagraph (B).
                                                                    ____


                           Amendment No. 1850
       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Comprehensive Iran Sanctions 
     Act of 1995''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       (a) Iran's Violations of Human Rights.--The Congress makes 
     the following findings with respect to Iran's violations of 
     human rights:
       (1) As cited by the 1991 United Nations Special 
     Representative on Human Rights, Amnesty International, and 
     the United States Department of State, the Government of Iran 
     has conducted assassinations outside of Iran, such as that of 
     former Prime Minister Shahpour Bakhtiar for which the 
     Government of France issued arrest warrants for several 
     Iranian governmental officials.
       (2) As cited by the 1991 United Nations Special 
     Representative on Human Rights and by Amnesty International, 
     the Government of Iran has conducted revolutionary trials 
     which do not meet internationally recognized standards of 
     fairness or justice. These trials have included such 
     violations as a lack of procedural safeguards, trial times of 
     5 minutes or less, limited access to defense counsel, forced 
     confessions, and summary executions.
       (3) As cited by the 1991 United Nations Special 
     Representative on Human Rights, the Government of Iran 
     systematically represses its Baha'i population. Persecutions 
     of this small religious community include assassinations, 
     arbitrary arrests, electoral prohibitions, and denial of 
     applications for documents such as passports.
       (4) As cited by the 1991 United Nations Special 
     Representative on Human Rights, the Government of Iran 
     suppresses opposition to its government. Political 
     organizations such as the Freedom Movement are banned from 
     parliamentary elections, have their telephones tapped and 
     their mail opened, and are systematically harassed and 
     intimidated.
       (5) As cited by the 1991 United Nations Special 
     Representative on Human Rights and Amnesty International, the 
     Government of Iran has failed to recognize the importance of 
     international human rights. This includes suppression of 
     Iranian human rights movements such as the Freedom Movement, 
     lack of cooperation with international human rights 
     organizations such as the International Red Cross, and an 
     overall apathy toward human rights in general. This lack of 
     concern prompted the Special Representative to state in his 
     report that Iran had made ``no appreciable progress towards 
     improved compliance with human rights in accordance with the 
     current international instruments''.
       (6) As cited by Amnesty International, the Government of 
     Iran continues to torture its political prisoners. Torture 
     methods include burns, arbitrary blows, severe beatings, and 
     positions inducing pain.
       (b) Iran's Acts of International Terrorism.--The Congress 
     makes the following findings, based on the
      records of the Department of State, with respect to Iran's 
     acts of international terrorism:
       (1) As cited by the Department of State, the Government of 
     Iran was the greatest supporter of state terrorism in 1992, 
     supporting over 20 terrorist acts, including the bombing of 
     the Israeli Embassy in Buenos Aires that killed 29 people.
       (2) As cited by the Department of State, the Government of 
     Iran is a sponsor of radical religious groups that have used 
     terrorism as a tool. These include such groups as Hezballah, 
     HAMAS, the Turkish Islamic Jihad, and the Popular Front for 
     the Liberation of Palestine-General Command (PFLP-GC).
       (3) As cited by the Department of State, the Government of 
     Iran has resorted to international terrorism as a means of 
     obtaining political gain. These actions have included not 
     only the assassination of former Prime Minister Bakhitiar, 
     but the death sentence imposed on Salman Rushdie, and the 
     assassination of the leader of the Kurdish Democratic Party 
     of Iran.
       (4) As cited by the Department of State and the Vice 
     President's Task Force on Combatting Terrorism, the 
     Government of Iran has long been a proponent of terrorist 
     actions against the United States, beginning 

[[Page S10740]]
     with the takeover of the United States Embassy in Tehran in 1979. 
     Iranian support of extremist groups have led to the following 
     attacks upon the United States as well:
       (A) The car bomb attack on the United States Embassy in 
     Beirut killing 49 in 1983 by the Hezballah.
       (B) The car bomb attack on the United States Marine 
     Barracks in Beirut killing 241 in 1983 by the Hezballah.
       (C) The assassination of American University President in 
     1984 by the Hezballah.
       (D) The kidnapping of all American hostages in Lebanon from 
     1984-1986 by the Hezballah.

     SEC. 3. TRADE EMBARGO.

       (a) In General.--Except as provided in subsection (c), 
     effective on the date of enactment of this Act, a total trade 
     embargo shall be in force between the United States and Iran.
       (b) Covered Transactions.--As part of such embargo the 
     following transactions are prohibited:
       (1) Any transaction in the currency exchange of Iran.
       (2) The transfer of credit or payments between, by, 
     through, or to any banking institution, to the extent that 
     such transfers or payments involve any interest of Iran or a 
     national thereof.
       (3) The importing from, or exporting to, Iran of currency 
     or securities.
       (4) Any acquisition, holding, withholding, use, transfer, 
     withdrawal, transportation, importation or exportation of, or 
     dealing in, or exercising any right, power, or privilege with 
     respect to, or any transaction involving, any property in 
     which Iran or any national thereof has any interest; by any 
     person, or with respect to any property, subject to the 
     jurisdiction of the United States.
       (5) The licensing for export to Iran, or for export to any 
     other country for reexport to Iran, by any person subject to 
     the jurisdiction of the United States of any item or 
     technology controlled under the Export Administration Act of 
     1979, the Arms Export Control Act, or the Atomic Energy Act 
     of 1954.
       (6) The importation into the United States of any good or 
     service which is, in whole or in part, grown, produced, 
     manufactured, extracted, or processed in Iran.
       (c) Extraterritorial Application.--In addition to the 
     transactions described in subsection (b), the trade embargo 
     imposed by this Act prohibits any transaction described in 
     paragraphs (1) through (4) of that subsection when engaged in 
     by a United States national abroad.
       (d) Exceptions.--This section shall not apply to any 
     transaction involving the furnishing, for humanitarian 
     purposes, of food, clothing, medicine, or medical supplies, 
     instruments, or equipment to Iran or to any national thereof.
       (e) Penalties.--Any person who violates this section or any 
     license, order, or regulation issued under this section shall 
     be subject to the same penalties as are applicable under 
     section 206 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1705) to violations of licenses, orders, or 
     regulations under that Act.
       (f) Application to Existing Law.--This section shall apply 
     notwithstanding any other provision of law or international 
     agreement.

     SEC. 4. OPPOSITION TO MULTILATERAL ASSISTANCE.

       (a) International Financial Institutions.--(1) The 
     Secretary of the Treasury shall instruct the United States 
     executive director of each international financial 
     institution described in paragraph (2) to oppose and vote 
     against any extension of credit or other financial assistance 
     by that institution to Iran.
       (2) The international financial institutions referred to in 
     paragraph (1) are the International Bank for Reconstruction 
     and Development, the International Development Association, 
     the Asian Development Bank, and the International Monetary 
     Fund.
       (b) United Nations.--It is the sense of the Congress that 
     the United States Permanent Representative to the United 
     Nations should oppose and vote against the provision of any 
     assistance by the United Nations or any of its specialized 
     agencies to Iran.

     SEC. 5. WAIVER AUTHORITY.

       The provisions of sections 3 and 4 shall not apply if the 
     President determines and certifies to the appropriate 
     congressional committees that Iran--
       (1) has substantially improved its adherence to 
     internationally recognized standards of human rights;
       (2) has ceased its efforts to acquire a nuclear explosive 
     device; and
       (3) has ceased support for acts of international terrorism.

     SEC. 6. REPORT REQUIRED.

       Beginning 60 days after the date of enactment of this Act, 
     and every 90 days thereafter, the President shall submit to 
     the appropriate congressional committees a report 
     describing--
       (1) the nuclear and other military capabilities of Iran; 
     and
       (2) the support, if any, provided by Iran for acts of 
     international terrorism.

     SEC. 7. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``act of international terrorism'' means an 
     act--
       (A) which is violent or dangerous to human life and that is 
     a violation of the criminal laws of the United States or of 
     any State or that would be a criminal violation if committed 
     within the jurisdiction of the United States or any State; 
     and
       (B) which appears to be intended--
       (i) to intimidate or coerce a civilian population;
       (ii) to influence the policy of a government by 
     intimidation or coercion; or
       (iii) to affect the conduct of a government by 
     assassination or kidnapping.
       (2) the term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives;
       (3) the term ``Iran'' includes any agency or 
     instrumentality of Iran;
       (4) the term ``United States'' means the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Commonwealth of the Northern Marianna Islands, American 
     Samoa, Guam, the Virgin Islands, and any other territory or 
     possession of the United States; and
       (5) the term ``United States national'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States;
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons who 
     are nationals of the United States own, directly or 
     indirectly, more than 50 percent of the outstanding capital 
     stock or other beneficial interest in such legal entity; and
       (C) any foreign subsidiary of a corporation or other legal 
     entity described in subparagraph (B).
     

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