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SEC. 536. SENSE OF CONGRESS CONCERNING UNITED STATES CITI.
ZENS VICTIMIZED BY GERMANY DURING WORLD WAR I. It is the sense of the Congress that United States citizens who were victims of war crimes and crimes against humanity committed by the Government of Germany during the period 1939 to 1945 should be compensated by the Government of Germany. SEC. 636.184 REPORTING REQUIREMENTS ON OCCUPIED TIBET.
(a) 135 REPORT ON UNITED STATES-TIBET RELATIONS.—Because Congress has determined that Tibet is an occupied sovereign country under international law and that its true representatives are the Dalai Lama and the Tibetan Government in exile
(1) it is the sense of the Congress that the United States should seek to establish a dialogue with those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in exile, concerning the situation in Tibet and the future of the Tibetan people and to expand and strengthen United StatesTibet cultural and educational relations, including promoting bilateral exchanges arranged directly with the Tibetan Government in exile; and
(2) not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Secretary of State shall transmit to the Chairman of the Committee on Foreign Relations and the Speaker of the House of Representatives a report on the state of relations between the United States and those recognized by Congress as the true representatives of the Tibetan people, the Dalai Lama, his representatives and the Tibetan Government in exile, and on conditions
in Tibet. (b) SEPARATE TIBET REPORTS.
(1) It is the sense of the Congress that whenever a report is transmitted to the Congress on a country-by-country basis there should be included in such report, where applicable, a separate report on Tibet listed alphabetically with its own state heading.
(2) The reports referred to in paragraph (1) include, but are not limited to, reports transmitted under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (relating to human rights).
PART B-SPOILS OF WAR ACT SEC. 551.136 SHORT TITLE.
This part may be cited as the “Spoils of War Act of 1994”. SEC. 552.137 TRANSFERS OF SPOILS OF WAR.
(a) ELIGIBILITY FOR TRANSFER.-Spoils of war in the possession, custody, or control of the United States may be transferred to any other party, including any government, group, or person, by sale, grant, loan or in any other manner, only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred.
134 22 U.S.C. 2656 note.
136 The Secretary of State delegated functions authorized under this section to the Under Secretary for Political Affairs (Department of State Public Notice 2086; sec. 1 of Delegation of Authority No. 214; 59 F.R. 50790).
13650 U.S.C. 2201 note. 13750 U.S.C. 2201.
(b) TERMS AND CONDITIONS.—Any transfer pursuant to subsection (a) shall be subject to all of the terms, conditions, and requirements applicable to the transfer of property of the same type otherwise owned by the United States. SEC. 653.138 PROHIBITION ON TRANSFERS TO COUNTRIES WHICH
SUPPORT TERRORISM. Spoils of war in the possession, custody, or control of the United States may not be transferred to any country determined by the Secretary of State, for purposes of section 40 of the Arms Export Control Act, to be a nation whose government has repeatedly provided support for acts of international terrorism. SEC. 554.139 REPORT ON PREVIOUS TRANSFERS.
Not later than 90 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report describing any spoils of war obtained subsequent to August 2, 1990 that were transferred to any party, including any government, group, or person, before the date of enactment of this Act. Such report shall be submitted in unclassified form to the extent possible. SEC. 555.140 DEFINITIONS. As used in this part
(1) the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs 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. 556.141 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
138 50 U.S.C. 2202. 139 50 U.S.C. 2203. 140 50 U.S.C. 2204. 14150 U.S.C. 2205.
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. 561.142 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) 143 * * *
(b) 144 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. 564.145 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
442 22 U.S.C. 2679c note.
143 Subsec. (a) amended sec. 322 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138).
144 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).
146 22 U.S.C. 2751 note.
On May 1, 1995, the President issued the following determination (Presidential Determination No. 95-20; 60 F.R. 22245): ** • * 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:
“Djibouti, Egypt, Morocco, Nigeria, Pakistan, Somalia, Sri Lanka, Tanzania, Tunisia, and Uganda. "(2) determine that suspension of the application of section 564(a) of the Act to the following countries until May 1, 1996, is in the national interest of the United States, and will promote the objectives of section 564 to eliminate the Arab boycott:
"Algeria, Bahrain, Bangladesh, Jordan, Kuwait, Mauritania, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.
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 146 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
(1) the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;
(2) the terms “defense article” and “defense service” have the meanings given to such terms by paragraphs (3) and (4), re
spectively, 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. 565.147 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
"43) determine that it is in the national security interest of the United States to suspend until May 1, 1996, the application of subsection (a) oft section 564 of the act with respect
to Lebanon." 146 Sec. i() of Public Law 103-415 (108 Stat. 4301) struck out primary or secondary" and inserted in lieu thereof "secondary or tertiary”.
147 22 U.S.C. 2679c.
(B) with any foreign or United States person that discriminates in the award of subcontracts on the basis of re
(A) a foreign person complies with the boycott of Israel
(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 U.S.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 if that person, or the Secretary of State or his designee on the basis of available information, certifies that the person violates or otherwise does not comply with the boycott of Israel by Arab League countries by taking any actions prohibited by section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)). Certification by the Secretary of State or his 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. (b) 148 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) 148 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 Unit
14* The Secretary of State delegated functions authorized under subsection (b) and (c) to the Under Secretary for Management (Department of State Public Notice 2006; sec. 4 of Delegation of Authority No. 214; 59 F.R. 50790; pursuant to Delegation of Authority No. 198, September 16, 1992)