Page images
PDF
EPUB

(C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and

(D) financing under the Export-Import Bank Act.

(2) Foreign Assistance Appropriations Act, 1994-Provisions Relating to Iraq

Partial text of Public Law 103–87 [H.R. 2295], 107 Stat. 931, approved September 30, 1993

AN ACT Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1994, and making supple mental appropriations for such programs for the fiscal year ending September 30, 1993, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1994, and for other purposes, namely:

TITLE V-GENERAL PROVISIONS

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507.1 None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Iraq, Libya, the Socialist Republic of Vietnam, Iran, Serbia, Sudan, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.

PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

SEC. 523.2 None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance indirectly any assistance or reparations to Cuba, Iraq, Libya, the Socialist Republic of Vietnam, Iran, Syria, North Korea, People's Re

Similar language was first enacted as sec. 111 of the Foreign Assistance Appropriations Act, 1974. The Foreign Operations, Export Financing, and Related Programs Act, 1990 (Public Law 101-167; 103 Stat. 2268), added two provisos, the first of which has been continued in subsequent years.

2 In a November 19, 1993, memorandum for the Secretary of State, the President stated: "Pursuant to section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1994 (Public Law 103-87), I hereby certify that withholding funds from international financial institutions and other international organizations and programs during FY 1994, pursuant to the limitation contained therein prohibiting the obligation of funds appropriated by that Act to finance indirectly any assistance or reparations to certain specific countries, is contrary to the national interest." (Presidential Determination No. 94-4 of November 19, 1993; 58 F.R. 63519; December 2, 1993).

public of China, or Laos unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States.

COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ

SEC. 539. (a) DENIAL OF ASSISTANCE.-None of the funds appropriated or otherwise made available pursuant to this Act to carry out the Foreign Assistance Act of 1961 (including title IV of chapter 2 of part I, relating to the Overseas Private Investment Corporation) or the Arms Export Control Act may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that

(1) such assistance is in the national interest of the United States;

(2) such assistance will directly benefit the needy people in that country; or

(3) the assistance to be provided will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (b) IMPORT SANCTIONS.-If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited

(1) the importation of products of Iraq into its customs territory, and

(2) the export of its products to Iraq.

350 U.S.C. 1701 note. First enacted as sec. 586D of the Foreign Assistance Appropriations Act, 1991 (part of the Iraq Sanctions Act of 1990 secs. 586-586J of the Foreign Assistance Appropriations Act, 1991).

(2) Foreign Assistance Appropriations Act, 1994-Provisions Relating to Iraq

Partial text of Public Law 103–87 (H.R. 2295], 107 Stat. 931, approved September 30, 1993

AN ACT Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1994, and making supplemental appropriations for such programs for the fiscal year ending September 30, 1993, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1994, and for other purposes, namely:

TITLE V-GENERAL PROVISIONS

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Iraq, Libya, the Socialist Republic of Vietnam, Iran, Serbia, Sudan, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.

PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

SEC. 523.2 None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance indirectly any assistance or reparations to Cuba, Iraq, Libya, the Socialist Republic of Vietnam, Iran, Syria, North Korea, People's Re

Similar language was first enacted as sec. 111 of the Foreign Assistance Appropriations Act, 1974. The Foreign Operations, Export Financing, and Related Programs Act, 1990 (Public Law 101-167; 103 Stat. 2268), added two provisos, the first of which has been continued in subsequent years. 2 In a November 19, 1993, memorandum for the Secretary of State, the President stated: "Pursuant to section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1994 (Public Law 103-87), I hereby certify that withholding funds from international financial institutions and other international organizations and programs during FY 1994, pursuant to the limitation contained therein prohibiting the obligation of funds appropriated by that Act to finance indirectly any assistance or reparations to certain specific countries, is contrary to the national interest." (Presidential Determination No. 94-4 of November 19, 1993; 58 F.R. 63519; December 2, 1993).

public of China, or Laos unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States.

COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ SEC. 539. (a) DENIAL OF ASSISTANCE.-None of the funds appropriated or otherwise made available pursuant to this Act to carry out the Foreign Assistance Act of 1961 (including title IV of chapter 2 of part I, relating to the Overseas Private Investment Corporation) or the Arms Export Control Act may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that

(1) such assistance is in the national interest of the United States;

(2) such assistance will directly benefit the needy people in that country; or

(3) the assistance to be provided will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (b) IMPORT SANCTIONS.-If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited—

(1) the importation of products of Iraq into its customs territory, and

(2) the export of its products to Iraq.

50 U.S.C. 1701 note. First enacted as sec. 586D of the Foreign Assistance Appropriations Act, 1991 (part of the Iraq Sanctions Act of 1990secs. 586-586J of the Foreign Assistance Appropriations Act, 1991).

« PreviousContinue »