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(14) The military and other support and direction provided to Serbian-allied irregular forces in Bosnia and Herzegovina constitutes an armed attack on the Government of Bosnia and Herzegovina by the Government of Serbia within the meaning of Article 51 of the United Nations Charter.
(15) Under Article 51, the Government of Bosnia and Herzegovina, as a member of the United Nations, has an inherent right of individual or collective self-defense against the armed attack from the Government of Serbia until the United Nations Security Council has taken measures necessary to maintain international peace and security.
(16) The measures taken by the United Nations Security Council in response to the armed attack on Bosnia and Herzegovina have not been adequate to maintain international peace and security.
(17) Bosnia and Herzegovina have been unable successfully to resist the armed attack from Serbia because it lacks the means to counter heavy weaponry that Serbia obtained from the Yugoslav National Army upon the dissolution of Yugoslavia, and because the mandatory international arms embargo has prevented Bosnia and Herzegovina from obtaining from other countries the means to counter such heavy weaponry.
(18) On December 18, 1992, with the affirmative vote of the United States, the United Nations General Assembly adopted Resolution 47/121, which urged the United Nations Security Council to exempt Bosnia and Herzegovina from the mandatory arms embargo imposed by Resolution 713.
(19) In the absence of adequate measures to maintain international peace and security, continued application to the Government of Bosnia and Herzegovina of the mandatory international arms embargo imposed by the United Nations Security Council prior to the armed attack on Bosnia and Herzegovina undermines that government's right of individual or collective self-defense and therefore contravenes Article 51 of the United Nations Charter.
(20) Bosnia and Herzegovina's right of self-defense under Article 51 of the United Nations Charter includes the right to ask for military assistance from other countries and to receive such
assistance if offered. (b) POLICY ON TERMINATION OF ARMS EMBARGO.-(1) It is the sense of the Congress that the President should terminate the United States arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter.
(2) As used in this subsection, the term “United States arms embargo of the Government of Bosnia and Herzegovina" means the application to the Government of Bosnia and Herzegovina of
(A) the policy adopted July 10, 1991, and published in the Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under the heading "Suspension of Munitions Export Licenses to Yugoslavia"; and
(B) any similar policy being applied by the United States Government as of the date of receipt of the request described
(2) nited Natircisingipt from
cooperation american servise three yearses:
the fate significent of out tangible P
in subsection (a) pursuant to which approval is routinely denied for transfers of defense articles and defense services to the
former Yugoslavia. (c) POLICY ON MILITARY ASSISTANCE.-The President should provide appropriate military assistance to the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. SEC. 521. SENSE OF SENATE ON RELATIONS WITH VIETNAM. It is the sense of the Senate that,
(1) the Government of the United States is committed to seeking the fullest possible accounting of American servicemen unaccounted for during the war in Vietnam;
(2) cooperation by the Government of Vietnam on resolving the fate of those American servicemen unaccounted for has increased significantly over the last three years and is essential to the resolution of outstanding POW/MIA cases;
(3) substantial and tangible progress has been made in the POW/MIA accounting process;
(4) cooperative efforts between the United States and Vietnam should continue in order to resolve all outstanding questions concerning the fate of Americans missing-in-action;
(5) United States senior military commanders and United States personnel working in the field to account for United States POWMIAs in Vietnam believe that lifting the United States trade embargo against Vietnam will facilitate and accelerate the accounting efforts;
(6) therefore, in order to maintain and expand further United States and Vietnamese efforts to obtain the fullest possible accounting, the President should lift the United States trade embargo against Vietnam expeditiously; and
(7) moveover, 118 as the United States and Vietnam move toward normalization of relations, the Government of Vietnam should demonstrate further improvements in meeting inter
nationally recognized standards of human rights. SEC. 522. REPORT ON SANCTIONS ON VIETNAM.
Not later than 30 days after the date of enactment of this Act, the President shall submit a report, taking into account information available to the United States Government, to the Senate and the House of Representatives on achieving the fullest possible accounting of United States personnel unaccounted for from the Vietnam War, including
(1) progress on recovering and repatriating American remains from Vietnam;
(2) progress on resolution of discrepancy cases;
(3) the status of Vietnamese cooperation in implementing trilateral investigations with Laos; and
(4) progress on accelerated efforts to obtain all POW/MIA related documents from Vietnam.
118 As enrolled. Should read “moreover".
SEC. 523.110 REPORT ON PEOPLE'S MUJAHEDDIN OF IRAN.
(a) REPORT.-Not later than 180 days after the date of enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing the structure, current activities, external support, and history of the People's Mujaheddin of Iran. Such report shall include information on any current direct or indirect support by the People's Mujaheddin for acts of international terrorism.
(b) CONSULTATION.—In compiling the report required under subsection (a), the President shall consult with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Transportation, the intelligence community, and such law enforcement agencies as may be appropriate.
(c) CLASSIFICATION.—The President should, to the maximum extent possible, submit the report required under subsection (a) in an unclassified form. SEC. 524. AMENDMENTS TO THE PLO COMMITMENTS COMPLIANCE
ACT. • .
(a) SENSE OF CONGRESS.-It is the sense of the Congress that the President should not restrict travel or exchanges for informational, educational, religious, cultural, or humanitarian purposes or for public performances or exhibitions, between the United States and any other country.
(b) 120 * * *
(2) 121 The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to a country on July 1, 1977, as a result of a national emergency declared by the President before such date, and are being exercised on the date of the enactment of this Act, do not include the authority to regulate or prohibit, directly or indirectly, any activity which, under section 5(b)(4) of the Trading With the Enemy Act, as amended by paragraph (1) of this subsection, may not be regulated or prohibited.
(c) 122 AMENDMENTS TO INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT._* * *
(2) 123 The amendments made by paragraph (1) to section 203(b)(3) of the International Emergency Economic Powers Act apply to actions taken by the President under section 203 of such Act before the date of enactment of this Act which are in effect on such date and to actions taken under such section on or after such date.
(3) 123 Section 203bX4) of the International Emergency Economic Powers Act (as added by paragraph (1)) shall not apply
119 Functions rested in the President in sec. 523 were delegated to the Secretary of State (Presidential memorandum of July 26, 1994, 59 P.R 40205), and further delegated to the Under Secretary for Pohucal Affairs Department o Slate Public Notice 2086, sec. I of Delegation of Authority No. 214, 59 F R 50790
120 Subsec. bi arrended sec. 51014, of the Trading With the Enemy Act (50 LS.C. App. 5(X4).
12150 LS.C. apo 5 me.
122 Subsec. (c) amended sea 2030, of the International Emergency Economic Powers Act (50 U.S.C. 17020
123 50 US.C. 1702 more
to restrictions on the transactions and activities described in section 203(b)(4) in force on the date of enactment of this Act, with respect to countries embargoed under the International Emergency Economic Powers Act on the date of enactment of
this Act. SEC. 526. EMBARGO AGAINST CUBA.
It is the sense of the Congress that the President should advocate and seek a mandatory international United Nations Security Council embargo against the dictatorship of Cuba. SEC. 527.124 EXPROPRIATION OF UNITED STATES PROPERTY.
(a) PROHIBITION.-None of the funds made available to carry out this Act, the Foreign Assistance Act of 1961, or the Arms Export Control Act may be provided to a government or any agency or instrumentality thereof, if the government of such country (other than a country described if subsection (d))
(1) has on or after January 1, 1956—
(A) nationalized or expropriated the property of any United States person,
(B) repudiated or nullified any contract with any United States person, or
(C) taken any other action (such as the imposition of discriminatory taxes or other exactions) which has the effect of seizing ownership or control of the property of any Unit
ed States person, and (2) has not, within the period specified in subsection (c), ei
(A) returned the property,
(B) provided adequate and effective compensation for such property in convertible foreign exchange or other mutually acceptable compensation equivalent to the full value thereof, as required by international law,
(C) offered a domestic procedure providing prompt, adequate and effective compensation in accordance with international law, or
(D) submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes or other mutually agreeable binding international
arbitration procedure. (b) 125 OTHER ACTIONS.—The President shall instruct the United States Executive Directors of each multilateral development bank and international financial institution to vote against any loan or other utilization of the funds of such bank or institution for the benefit of any country to which assistance is prohibited under subsection (a), unless such assistance is directed specifically to programs which serve the basic human needs of the citizens of that country.
(c) PERIOD FOR SETTLEMENT OF CLAIMS.—The period of time described in subsection (a)(2) is the latest of the following
(1) 3 years after the date on which a claim was filed,
124 22 U.S.C. 2370a.
126 In a memorandum of January 4, 1995, for the Secretary of the Treasury, the President delegated to the Secretary of the Treasury the functions under sec. 527(b) (60 F.R. 3335).
governmetions or abolished CORES:
(2) in the case of a country that has a totalitarian or authoritarian government at the time of the action described in subsection (a)(1), 3 years after the date of installation of a democratically elected government, or
(3) 90 days after the date of enactment of this Act. (d) EXCEPTED COUNTRIES AND TERRITORES.—This section shall not apply to any country established by international mandate through the United Nations or to any territory recognized by the United States Government to be in dispute.
(e) 126 RESUMPTION OF ASSISTANCE.-A prohibition or termination of assistance under subsection (a) and an instruction to vote against loans under subsection (b) shall cease to be effective when the President certifies in writing to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate that such government has taken one of the steps described in subsection (a)(2).
(f) 127 REPORTING REQUIREMENT.—Not later than 90 days after the date of enactment of this Act and at the beginning of each fiscal year thereafter, the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, a report containing the following:
(1) A list of every country in which the United States Government is aware that a United States person has an outstanding expropriation claim.
(2) The total number of such outstanding expropriation claims made by United States persons against each such country.
(3) The period of time in which each such claim has been outstanding.
(4) The status of each case and efforts made by the United States Government and the government of the country in which such claim has been made, to take one or more of the steps described in subsection (a)(2).
(5) Each project a United States Executive Director voted against as a result of the action described in subsection (b). (g) 128 WAIVER.–The President may waive the prohibitions in subsections (a) and (b) for a country, on an annual basis, if the President determines and so notifies Congress that it is in the national interest to do so.
(h) DEFINITIONS.—For the purpose of this section, the term “United States person” means a United States citizen or corporation, partnership, or association at least 50 percent beneficially owned by United States citizens.
126 Functions vested in the President in sec. 527(e) were delegated to the Secretary of State, in consultation with the Secretary of the Treasury and the heads of other departments and agencies, as appropriate (Presidential memorandum of July 26, 1994; 59 F.R. 40205), and further delegated to the Under Secretary for Economic, Business and Agricultural Affairs (Department of State Public Notice 2086; sec. 3 of Delegation of Authority No. 214; 59 F.R. 50790).
127 The Secretary of State delegated functions authorized under this subsection to the Under Secretary for Economic, Business and Agricultural Affairs (Department of State Public Notice 2086; sec. 3 of Delegation of Authority No. 214; 59 F.R. 50790).
128 Functions vested in the President in sec. 527(g) were delegated to the Secretary of State, in consultation with the Secretary of the Treasury and the heads of other departments and agencies, as appropriate (Presidential memorandum of July 26, 1994; 59 F.R. 40205).