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ed 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 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. 571.149 SHORT TITLE.
This part may be cited as the "Cambodian Genocide Justice Act”.
REVI: 2407(a)of the
149 22 U.S.C. 2656 note.
SEC. 572.140 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. 573.149 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.
(b) PURPOSE.-The purpose of the Office shall be to support, through organizations and individuals with whom the Secretary of State may contract to carry out the operations of the Office, as appropriate, 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, including
(1) to investigate crimes against humanity committed by national Khmer Rouge leaders during that period;
(2) to provide the people of Cambodia with access to documents, records, and other evidence held by the Office as a result of such investigation;
(3) to submit the relevant data to a national or international penal tribunal that may be convened to formally hear and judge the genocidal acts committed by the Khmer Rouge; and
(4) to develop the United States proposal for the establishment of an international criminal tribunal for the prosecution
of those accused of genocide in Cambodia. (c) 150 CONTRACTING AUTHORITY.—The Secretary of State shall, subject to the availability of appropriations, contract with approDi e s and orga-DDS TO carry out the purpose of the N ICATION TO CONGRESS-The Committee on Foreign ReEDIOS name Coco Appropriados o te Senate and the Consoc. Fires AES e Committee on AppropriaDie Iwe Fidge Foresenteras se de Dombed of any exerose me s ort o sarbia 54 de Sete Department Basic A rmas AI :350 respecte a se or any of its pro
180 The Secretary of State delegated functions authorized under this subsection to the Under Secretary for Management Department of State Public Notice 2086; sec. 4 of Delegation of Authonty No. 2:4, 59 FR 50790, pursuant to Delegation of Authority No. 198, September 16, Erse EET
i press or art des $1 jaast 15 days in acrence in accorda
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(3) Israel and the Palestine Liberation Organization signed a Declaration of Principles on Interim Self-Government Arrangements on September 13, 1993, at the White House;
(4) the United States has resumed a bilateral dialogue with the Palestine Liberation Organization; and
(5) in order to implement the Declaration of Principles on Interim Self-Government Arrangements and facilitate the Middle East peace process, the President has requested flexibility to suspend certain provisions of law pertaining to the Palestine
(a) IN GENERAL.-Subject to subsection (b), beginning July 1, 1994, the President may suspend for a period of not more than 6 months any provision of law specified in subsection (c). The President may continue the suspension for a period or periods of not more than 6 months until July 1, 1995, if, before each such period, the President satisfies the requirements of subsection (b). Any suspension shall cease to be effective after 6 months, or at such earlier date as the President may specify. (b) CONDITIONS.
(1) 152 CONSULTATION.—Prior to each exercise of the authority provided in subsection (a), the President shall consult with the relevant congressional committees. The President may not exercise that authority until 30 days after a written policy justification is submitted to the relevant congressional committees.
(2) PRESIDENTIAL CERTIFICATION.—The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees each time he exercises such authority that,
(A) it is in the national interest of the United States to exercise such authority; and
(B) the Palestine Liberation Organization continues to abide by all the commitments described in paragraph (4). (3) REQUIREMENT FOR CONTINUING PLO COMPLIANCE.-Any suspension under subsection (a) of a provision of law specified in subsection (c) shall cease to be effective if the President certifies to the relevant congressional committees that the Palestine Liberation Organization has not continued to abide by all the commitments described in paragraph (4).
(4) PLO COMMITMENTS DESCRIBED.—The commitments referred to in paragraphs (2) and (3) are the commitments made by the Palestine Liberation Organization
(A) in its letter of September 9, 1993, to the Prime Minister of Israel; in its letter of September 9, 1993, to the Foreign Minister of Norway to
(i) recognize the right of the State of Israel to exist in peace and security;
(ii) accept United Nations Security Council Resolutions 242 and 338;
162 Functions vested in the President in sec. 583(bX1) and (bX6) were delegated to the Secretary of State (Presidential memorandum of July 26, 1994; 59 F.R. 40205).
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B are s te mod himplementation of te Lecarezca o Proces ca Leten Sef-GoverRe: Tageses s ec sa Secteber 13. 1993. 5 EXPECTATION CO CONGRESS 206NG ANY EXTENSION OF PRESSET ATEITY.-The Cocess erpects that any exten cére azon provide is the President in subsection a, i de condiccai co the Palace Liberazon Organiza
A reacar.cisg the Arab Leace beyott of Israel;
Ci cooperating with e as uriertaken by the President of the United S:ares to end the Arab League boycott of Israel; and
Di conder.nir.g individual acts of terrorism and violence. 16:52 REPORTING REQUIREMENT.-As part of the President's written policy justification referred to in paragraph (1), the President will report on the PLO's response to individual acts of terrorism and violence, as well as its actions concerning the Arab League boycott of Israel as enumerated in paragraph (5) and on the status of the PLO office in the United States as
enumerated in subsection (cx3). (c) PROVISIONS THAT MAY BE SUSPENDED.-The provisions that may be suspended under the authority of subsection (a) are the following:
(1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) 153 as it applies with respect to the Palestine Liberation Organization or entities associated with it.
(2) Section 114 of the Department of State Authorization Act, Fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it applies with respect to the Palestine Liberation Organization or entities associated with it.
(3) Section 1003 of the Foreign Relations Authorization Act, Fiscal years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C. 286w) 154 as it applies to the granting to the Palestine Liberation Organization of observer status or other official sta
183 por tant, nee legislation on Foreign Relations through 1994, vol. 1-A. 114 Por tant, nee Legislation on Foreign Relations Through 1994, vol. III.