(5) Iraq Sanctions Act of 1990 1 Partial text of Public Law 101-513 [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979 at 2047, approved November 5, 1990 AN ACT Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 1991, 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, 1991, and for other purposes, namely: Sections 586 through 586J of this Act may be cited as the "Iraq Sanctions Act of 1990". Presidential Determination No. 2003-23 of May 7, 2003 (68 F.R. 26459), stated the following: *** I hereby: "(1) suspend the application of all of the provisions, other than section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513, and "(2) make inapplicable with respect to Iraq section 620A of the Foreign Assistance Act of 1961, Public Law 87-195, as amended (the 'FAA'), and any other provision of law that applies to countries that have supported terrorism. "In addition, I delegate the functions and authorities conferred upon the President by: "(1) section 1503 of the Act to submit reports to the designated committees of the Congress to the Secretary of Commerce, or until such time as the principal licensing responsibility for the export to Iraq of items on the Commerce Control List has reverted to the Department of Commerce, to the Secretary of the Treasury; and, "(2) section 1504 of the Act to the Secretary of State.". Secs. 1503 and 1504 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 559), as amended, provided the following: "SEC. 1503. The President may suspend the application of any provision of the Iraq Sanctions Act of 1990: Provided, That nothing in this section shall affect the applicability of the Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law 102-484), except that such Act shall not apply to humanitarian assistance and supplies: Provided further, That the President may make inapplicable with respect to Iraq section 620A of the Foreign Assistance Act of 1961 or any other provision of law that applies to countries that have supported terrorism: Provided further, That military equipment, including equipment as defined by title XVI, section 1608(1)(A) of Public Law 102-484, shall not be exported under the authority of this section: Provided further, That section 307 of the Foreign Assistance Act of 1961 shall not apply with respect to programs of international organizations for Iraq: Provided further, That provisions of law that direct the United States Government to vote against or oppose loans or other uses of funds, including for financial or technical assistance, in international financial institutions for Iraq shall not be construed as applying to Iraq: Provided further, That the President shall submit a notification 5 days prior to exercising any of the authorities described in this section to the Committee on Appropriations of each House of the Congress, the Committee on Foreign Relations of the Senate, and the Committee on International Relations of the House of Representatives: Provided further, That not more than 60 days after enactment of this Act and every 90 days thereafter the President shall submit a report to the Committee on Appropriations of each House of the Congress, SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT. The Congress (1) condemns Iraq's invasion of Kuwait on August 2, 1990; (2) supports the actions that have been taken by the President in response to that invasion; (3) calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait; (4) supports the efforts of the United Nations Security Council to end this violation of international law and threat to international peace; (5) supports the imposition and enforcement of multilateral sanctions against Iraq; (6) calls on United States allies and other countries to support fully the efforts of the United Nations Security Council, and to take other appropriate actions, to bring about an end to Iraq's occupation of Kuwait; and (7) condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recognized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass extrajudicial killings. SEC. 586B. CONSULTATIONS WITH CONGRESS. The President shall keep the Congress fully informed, and shall consult with the Congress, with respect to current and anticipated events regarding the international crisis caused by Iraq's invasion of Kuwait, including with respect to United States actions. SEC. 586C. TRADE EMBARGO AGAINST IRAQ. (a) CONTINUATION OF EMBARGO.-Except as otherwise provided in this section, the President shall continue to impose the trade embargo and other economic sanctions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq's invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and 12725 (August 9, 1990) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 127232 (August 2, 1990). the Committee on Foreign Relations of the Senate, and the Committee on International Relations of the House of Representatives containing a summary of all licenses approved for export to Iraq of any item on the Commerce Control List contained in the Export Administration Regulations, 15 CFR Part 774, Supplement 1, including identification of end users of such items: Provided further, That the authorities contained in this section shall expire on September 30, 2004, or on the date of enactment of a subsequent Act authorizing assistance for Iraq and that specifically amends, repeals or otherwise makes inapplicable the authorities of this section, whichever occurs first. "SEC. 1504. Notwithstanding any other provision of law, the President may authorize the export to Iraq of any nonlethal military equipment controlled under the International Trafficking in Arms Regulations on the United States Munitions List established pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778), if the President determines and notifies within 5 days prior to export the Committee on Appropriations of each House of the Congress, the Committee on Foreign Relations of the Senate, and the Committee on International Relations of the House of Representatives that the export of such nonlethal military equipment in the national interest of the United States: Provided, That, subject to the notification requirements of this section, exports may be authorized of lethal military equipment designated by the Secretary of State for use by a reconstituted (or interim) Iraqi military or police force, and of small arms designated by the Secretary of State for use for private security purposes: Provided further, That the authorities contained in this section shall expire on September 30, 2004, or on the date of enactment of a subsequent Act authorizing assistance for Iraq and that specifically amends, repeals or otherwise makes inapplicable the authorities of this section, whichever occurs first.". 2 Executive Orders 12723 and 12725, relating to Kuwait, were revoked by Executive Order 12771 of July 25, 1991 (56 F.R. 35993; July 29, 1991). The national emergency with respect to Iraq detailed in Executive Orders 12722 and 12724 was extended by unnumbered notice on July 26, 1991 (56 F.R. 35995; July 29, 1991). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appropriated or otherwise made available by this or any other Act for fiscal year 1991 or any fiscal year thereafter shall be used to support or administer any financial or commercial operation of any United States Government department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Government of Iraq, contrary to the trade embargo and other economic sanctions imposed in accordance with this section. (b) HUMANITARIAN ASSISTANCE.-To the extent that transactions involving foodstuffs or payments for foodstuffs are exempted "in humanitarian circumstances" from the prohibitions established by the United States pursuant to United Nations Security Council Resolution 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions.3 (c) NOTICE TO CONGRESS OF EXCEPTIONS TO AND TERMINATION OF SANCTIONS. (1) NOTICE OF REGULATIONS.-Any regulations issued after the date of enactment of this Act with respect to the economic sanctions imposed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 (August 2, 1990) and Executive Orders Numbered 12724 and 12725 (August 9, 1990)2 shall be submitted to the Congress before those regulations take effect. (2) NOTICE OF TERMINATION OF SANCTIONS.-The President shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pursuant to those Executive orders. United Nations Security Council Resolution 678. adopted November 29, 1990, recalled and reaffirmed the intentions of earlier U.N. resolutions relating to Iraq's invasion of Kuwait on August 2, 1990. Earlier resolutions, in part: condemned the Iraqi invasion of Kuwait, demanded that Iraq withdraw immediately and unconditionally from Kuwait, called upon Iraq and Kuwait to begin negotiations for the resolution of their differences Resolution 660 adopted August 2, 1990 prevented trade relations between Iraq and UN Member States, or the import of any Iraqi or Kuwaiti products, and established a Committee of the Security Council to examine progress of this trade embargo Resolution 661 adopted August 6, 1990; determined that the annexation of Kuwait by Iraq had no legal vahdity Resolution 662 of August 9. 1990; demanded that Iraq facilitate and permit the immediate departure from Kuwait and Iraq of third country citizens Resolution 664 adopted August 18, 1990; called upon Member States to blockade maritime activity to the region Resolution 665 adopted August 25, 1990; considered an exemption of the trade embarge for foodstuffs to Iraq and Kuwait Resolution 666 adopted September 13, 1990; condemned Iraq's aggressions against international diplomatic premises and personnel in Kuwait Resolution 667 adopted September 16, 1990; expanded responsibilities of the Committee established under Resolution 661 Resolution 669 adopted September 14, 1990; further defined the trade embarge to include air traffic, and called upon Member States to detain Iraq: ships in port Resolution 670 adopted September 25, 1990 condemned the taking of third nation nationals hostage, and condemned the destruction of Kuwaiti property by Iraq Resolution 674 adopted October 29, 1990; and condemned Iraqi attempts to alter the demographic composition of the Kuwart population Resolution 677 adopted November S. 1990) Résolution 678. adopted by the UN Secanty Council on November 29, 1990, in part "Demands that Iraq comply fully with resolutions 660 1990 and all subsequent relevant reselutions, and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwill, to de sec Authorizes Member States cooperating with the Government of Kuwait, unless Iraq on or be fore 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolu Dons, to use all necessary means te uphold and implement resolution 660-1990 and at suber quent relevant resolutions and to restore international peace and security in the area.". (d) RELATION TO OTHER Laws.— (1) SANCTIONS LEGISLATION.-The sanctions that are described in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law. (2) NATIONAL EMERGENCIES AND UNITED NATIONS LEGISLATION. Nothing in this section supersedes any provision of the National Emergencies Act or any authority of the President under the International Emergency Economic Powers Act or section 5(a) of the United Nations Participation Act of 1945. SEC. 586D.4 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ. (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. SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO. Notwithstanding section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United Nations Participation Act of 19455 (22 U.S.C. 287c(b))— (1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enactment of this Act, violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 127252 or any license, 4 In Presidential Determination No. 91-46 of July 13, 1991, the President invoked the authority of this section when he determined and certified "that assistance for Jordan under chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, and under section 23 of the Arms Export Control Act, is in the national interest of the United States.". He further determined, by virtue of authority given in sec. 502(c) of Public Law 102-27, that such assistance "would be beneficial to the peace process in the Middle East" (56 F.R. 33839; July 24, 1991). In Presidential Determination No. 91-53 of September 16, 1991, the President made the same determinations regarding assistance for Jordan under chapter 5 of part II of the Foreign Assistance Act of 1961, as amended (56 F.R. 49837; October 2, 1991). 5 See Legislation on Foreign Relations Through 2004, vol. III; and Legislation on Foreign Relations Through 2004, vol. II, respectively. |