Sidor som bilder
PDF
ePub

(1) the term "appropriate congressional committees" means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs 141 of the House of Representatives, or, where required by law for certain reporting purposes, the Select Committee on Intelligence of the Senate and the Select Committee on Intelligence of the House of Representatives; (2) the term "enemy" means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States;

(3) the term "person" means

(A) any natural person;

(B) any corporation, partnership, or other legal entity; and

(C) any organization, association, or group; and

(4) the term "spoils of war" means enemy movable property lawfully captured, seized, confiscated, or found which has become United States property in accordance with the laws of

war.

SEC. 556.148 CONSTRUCTION.

Nothing in this part shall apply to

(1) the abandonment or failure to take possession of spoils of war by troops in the field for valid military reasons related to the conduct of the immediate conflict, including the burden of transporting such property or a decision to allow allied forces to take immediate possession of certain property solely for use during an ongoing conflict;

(2) the abandonment or return of any property obtained, borrowed, or requisitioned for temporary use during military operations without intent to retain possession of such property;

(3) the destruction of spoils of war by troops in the field;

(4) the return of spoils of war to previous owners from whom such property had been seized by enemy forces; or

(5) minor articles of personal property which have lawfully become the property of individual members of the armed forces as war trophies pursuant to public written authorization from the Department of Defense.

PART C-ANTI-ECONOMIC DISCRIMINATION ACT

SEC. 561.149 SHORT TITLE.

This part may be cited as the "Anti-Economic Discrimination Act of 1994".

SEC. 562. ISRAEL'S DIPLOMATIC STATUS.

It is the sense of the Congress that the Secretary of State should make the issue of Israel's diplomatic status a priority and urge countries that receive United States assistance to immediately establish full diplomatic relations with the state of Israel.

SEC. 563. POLICY ON MIDDLE EAST ARMS SALES. (a) 150 *

1450 U.S.C. 2205.

14922 U.S.C. 2679c note.

60 Subsec. (a) amended sec. 322 of the Foreign Relations Author and: 1993 (Public Law 102–138).

1 Years 1992

(b) 151 REPORT TO CONGRESS.-Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report concerning steps taken to ensure that the goals of section 322 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 are being met.

SEC. 564.152 PROHIBITION ON CERTAIN SALES AND LEASES.

(a) PROHIBITION.-No defense article or defense service may be sold or leased by the United States Government to any country or international organization that, as a matter of policy or practice, is known to have sent letters to United States firms requesting compliance with, or soliciting information regarding compliance with, the Arab League secondary or tertiary 153 boycott of Israel, unless the President determines, and so certifies to the appropriate congressional committees, that that country or organization does not currently maintain a policy or practice of making such requests or solicitations.

(b) WAIVER.

(1) 1-YEAR WAIVER.-On or after the effective date of this section, the President may waive, for a period of 1 year, the application of subsection (a) with respect to any country or organization if the President determines, and reports to the appropriate congressional committees, that

(A) such waiver is in the national interest of the United States, and such waiver will promote the objectives of this section to eliminate the Arab boycott; or

(B) such waiver is in the national security interest of the United States.

(2) EXTENSION OF WAIVER.-If the President determines that the further extension of a waiver will promote the objectives of this section, the President, upon notification of the appropriate congressional committees, may grant further extensions of such waiver for successive 12-month periods.

(3) TERMINATION OF WAIVER.-The President may, at any time, terminate any waiver granted under this subsection. (c) DEFINITIONS.-As used in this section

151 The Secretary of State delegated functions authorized under this subsection to the Under Secretary for International Security Affairs (Department of State Public Notice 2086; sec. 2 of Delegation of Authority No. 214; 59 F.R. 50790).

152 22 U.S.C. 2751 note.

On April 30, 1996, the President issued the following determination (Presidential Determination No. 96-23; 61 F.R. 26029):

"Pursuant to the authority vested in me by Section 564 of the Foreign Relations Authorization Act ("the Act"), Fiscal Years 1994 and 1995, Public Law 103-236, as amended, I hereby:

"(1) determine and certify that the following countries do not currently maintain a policy or practice of sending letters to United States firms requesting compliance with, or soliciting information regarding compliance with, the Arab League secondary or tertiary boycott of Israel:

"Jordan and Mauritania;

"(2) determine that extension of suspension of the application of Section 564(a) of the Act to the following countries until May 1, 1997, will promote the objectives of Section 564: "Algeria, Bahrain, Bangladesh, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.".

Earlier Presidential Determination No. 95-20, May 1, 1995, may be found at 60 F.R. 22245. 153 Sec. 1(1) of Public Law 103-415 (108 Stat. 4301) struck out "primary or secondary" and inserted in lieu thereof "secondary or tertiary".

(1) the term "appropriate congressional committees" means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs 141 of the House of Representatives; and

(2) the terms "defense article" and "defense service" have the meanings given to such terms by paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act.

(d) EFFECTIVE DATE.-This section shall take effect 1 year after the date of enactment of this Act.

SEC. 565.154 PROHIBITION ON DISCRIMINATORY CONTRACTS. (a) PROHIBITION.

(1) Except for real estate leases and as provided in subsection (b), the Department of State may not enter into any contract that expends funds appropriated to the Department of State for an amount in excess of the small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403 11))

(A) with a foreign person that complies with the Arab League boycott of Israel, or

(B) with any foreign or United States person that discriminates in the award of subcontracts on the basis of religion.

(2) For purposes of this section—

(A) a foreign person complies with the boycott of Israel by Arab League countries when that foreign person takes or knowingly agrees to take any action, with respect to the boycott of Israel by Arab League countries, which section 8 a) of the Export Administration Act of 1979 (50 US.C. App. 2407 a., probibits a United States person from taking, except that for purposes of this paragraph, the term "United States person" as used in subparagraphs (B) and (C) of section 8 a 1, of such Act shall be deemed to mean "person"; and

(B) the term "foreign person" means any person other than a United States person as defined in section 16'2, of the Export Administration Act of 1979 50 US.C. App. 2415.

(3) For purposes of paragraph (1) a foreign person shall be deemed not to comply with the boycott of Israel by Arab League countries of that person, or the Serretary of State or his designee on the bass of available information, certifies that the person viclates or otherwise does not comply with the boycott of Israel by Arab League countries by taking any actions prohibited by section & a of the Expon Administration Act of 1979 50 USC App 2407 a Cem floation by the Secretary of State or his designee may our only 30 days after notice has been given to the Congress that this serification prosedure will be utilized at a specific overseas m.BBIOT

1422 U.S.C 2679

36-063 9

(b) 155 WAIVER BY SECRETARY OF STATE.-The Secretary of State may waive the requirements of this section on a country-by-country basis for a period not to exceed one year upon certification to the Congress by the Secretary that such waiver is in the national interest and is necessary to carry on diplomatic functions of the United States. Each such certification shall include a detailed justification for the waiver with respect to each such country.

(c) 155 RESPONSES TO CONTRACT SOLICITATIONS. (1) Except as provided in paragraph (2) of this subsection, the Secretary of State shall ensure that any response to a solicitation for a bid or a request for a proposal, with respect to a contract covered by subsection (a), includes the following clause, in substantially the following form:

"ARAB LEAGUE BOYCOTT OF ISRAEL

"(a) DEFINITIONS.-As used in this clause

"(1) the term 'foreign person' means any person other than a United States person as defined in paragraph (2); and

"(2) the term 'United States person' means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.

"(b) CERTIFICATION.-By submitting this offer, the Offeror certifies that it is not

"(1) taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)) prohibits a United States person from taking; or

"(2) discriminating in the award of subcontracts on the basis of religion.".

(2) An Offeror would not be required to include the certification required by paragraph (1), if the Offeror is deemed not to comply with the Arab League boycott of Israel by the Secretary of State or a designee on the basis of available information. Certification by the Secretary of State or a designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.

(3) The Secretary of State shall ensure that all State Department contract solicitations include a detailed explanation of the requirements of section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)).

(d) REVIEW AND TERMINATION. (1) The Department of State shall conduct reviews of the certifications submitted pursuant to

155 The Secretary of State delegated functions authorized under subsection (b) and (c) to the Under Secretary for Management (Department of State Public Notice 2086; sec. 4 of Delegation of Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 1992).

this section for the purpose of assessing the accuracy of the certifications.

(2) Upon complaint of any foreign or United States person of a violation of the certification as required by this section, filed with the Secretary of State, the Department of State shall investigate such complaint, and if such complaint is found to be correct and a violation of the certification has been found, all contracts with such violator shall be terminated for default as soon as practicable, and, for a period of two years thereafter, the State Department shall not enter into any contracts with such a violator.

(e) UNITED STATES INFORMATION AGENCY.-The provisions of this section shall apply to the United States Information Agency in the same manner and extent to which such provisions apply to the Department of State. In the application of this section to the United States Information Agency, the Director of the United States Information Agency or a designee shall have the authorities and responsibilities of the Secretary of State.

PART D-THE CAMBODIAN GENOCIDE JUSTICE ACT

SEC. 571.156 SHORT TITLE.

This part may be cited as the "Cambodian Genocide Justice Act". SEC. 572.156 POLICY.

(a) IN GENERAL.-Consistent with international law, it is the policy of the United States to support efforts to bring to justice members of the Khmer Rouge for their crimes against humanity committed in Cambodia between April 17, 1975, and January 7, 1979. (b) SPECIFIC ACTIONS URGED.-To that end, the Congress urges the President

(1) to collect, or assist appropriate organizations and individuals to collect relevant data on crimes of genocide committed in Cambodia;

(2) in circumstances which the President deems appropriate, to encourage the establishment of a national or international criminal tribunal for the prosecution of those accused of genocide in Cambodia; and

(3) as necessary, to provide such national or international tribunal with information collected pursuant to paragraph (1).

SEC. 573.156 ESTABLISHMENT OF STATE DEPARTMENT OFFICE.

(a) ESTABLISHMENT.-(1) None of the funds authorized to be appropriated by this Act for "Diplomatic and Consular Programs" shall be available for obligation or expenditure during fiscal years 1994 and 1995 unless, not later than 90 days after the date of enactment of this Act, the Secretary of State has established within the Department of State under the Assistant Secretary for East Asia and Pacific Affairs (or any successor Assistant Secretary) the Office of Cambodian Genocide Investigation (hereafter in this part referred to as the "Office").

(2) The Office may carry out its activities inside or outside of Cambodia, except that not less than 75 percent of the funds made available for the Office and its activities shall be used to carry out activities within Cambodia.

156 22 U.S.C. 2656 note.

« FöregåendeFortsätt »