H.R. 1828 (107th): Unilateral Sanction Reporting Act

107th Congress, 2001–2002. Text as of May 14, 2001 (Introduced).

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HR 1828 IH

107th CONGRESS

1st Session

H. R. 1828

To require the President to report annually to the Congress on the effects of the imposition of unilateral economic sanctions by the United States.

IN THE HOUSE OF REPRESENTATIVES

May 14, 2001

Mr. SAWYER introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To require the President to report annually to the Congress on the effects of the imposition of unilateral economic sanctions by the United States.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Unilateral Sanction Reporting Act’.

SEC. 2. FINDINGS.

    The Congress finds that--

      (1) in the face of a more politically complicated and commercially integrated world in the post-cold war era, the unilateral economic sanctions policy of the United States must become a more sophisticated tool in order to better serve the national interests of the United States;

      (2) Members of Congress need more detailed and unbiased information that can be compared on a yearly basis in order to evaluate accurately the costs and benefits of unilateral economic sanctions; and

      (3) a comprehensive annual report to pertinent congressional committees from the executive branch on sanctions policy will allow the United States Government to view economic sanctions in a more effective, targeted, and flexible manner and better analyze the success of meeting foreign policy objectives.

SEC. 3. ANNUAL REPORT TO CONGRESS BY THE PRESIDENT.

    (a) IN GENERAL- The President shall, in consultation with the Secretaries of State, Commerce, Defense, Agriculture, Energy, and Transportation, and the United States Trade Representative, by not later than January 31 of each year, report to all committees of Congress with jurisdiction affected by United States policies on unilateral economic sanctions on--

      (1) the costs and benefits within the United States, and, to the extent possible, the economic implications for the targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States during the preceding calendar year; and

      (2) the policy goals intended to be achieved by such sanctions, and the extent to which such goals were achieved.

    (b) SPECIFIC REPORTS-

      (1) SECRETARY OF STATE- The Secretary of State shall prepare and submit to the President an annual report on the policy goals intended to be achieved by unilateral economic sanctions imposed by the United States, and the extent to which such goals were achieved. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President’s report under subsection (a).

      (2) ASSISTANT SECRETARY OF COMMERCE FOR INFORMATION AND TECHNOLOGY- The Assistant Secretary of Commerce for Information and Technology shall prepare and submit to the President an annual report on the costs and benefits on the information and technology sectors within the United States, and, to the extent possible, the implications for the information and technology sectors in targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President’s report under subsection (a).

      (3) SECURITIES AND EXCHANGE COMMISSION- The Securities and Exchange Commission shall prepare and submit to the President an annual report on the costs and benefits on securities markets within the United States, and, to the extent possible, the implications for the securities markets of targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President’s report under subsection (a).

      (4) SMALL BUSINESS ADMINISTRATION- The Administrator of the Small Business Administration shall prepare and submit to the President an annual report on the costs and benefits on small business concerns in the United States, and, to the extent possible, the implications for small businesses of targeted foreign countries or entities concerned, of the imposition of unilateral economic sanctions by the United States. The report shall cover the same period as the report by the President under subsection (a) and shall be included with the President’s report under subsection (a).

    (c) DETAILS OF REPORTS-

      (1) IN GENERAL- Each report under subsection (a) shall set forth the costs and benefits of unilateral economic sanctions to specific sectors of the United States economy, including the services sector, expressed in terms of economic indicators. Among other indicators, the report shall compare levels of imports and exports of domestic products and services with those of internationally competitive products and services. The analyses in the reports under subsection (a) shall be presented in a consistent fashion so as to ensure an accurate comparison of the costs and effects of unilateral economic sanctions from year to year. Each report shall, as well as stating current effects, project future effects of the unilateral economic sanctions at issue.

      (2) ECONOMIC EFFECTS ON TARGETED COUNTRIES OR ENTITIES- To the extent possible, each report shall address the economic effects of unilateral economic sanctions on the countries and entities on which the sanctions are imposed, and the extent to which the foreign policy goals of the United States have been achieved by the sanctions. The report shall also project the economic effects of the continued application of unilateral economic sanctions on each such country or entity and how this will further achieve the foreign policy goals of the United States.

      (3) RELATIONSHIP TO SPECIFIC SANCTIONS- The analyses in each report under subsection (a) and (b) shall be made with respect to the specific provision of law or Executive Order imposing the sanctions addressed in the report.

    (d) APPLICABILITY- The reports under this section shall apply to unilateral economic sanctions imposed before the enactment of this Act that are in effect during the period covered by the reports, and to unilateral economic sanctions imposed on or after the date of the enactment of this Act.

SEC. 4. DEFINITIONS.

    In this Act:

      (1) UNILATERAL ECONOMIC SANCTION-

        (A) IN GENERAL- The term ‘unilateral economic sanction’ means any prohibition, restriction, or condition on economic activity, including economic assistance, with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, including any of the measures described in subparagraph (B), except in a case in which the United States imposes the measure pursuant to a multilateral regime and the other members of that regime have agreed to impose substantially equivalent measures.

        (B) PARTICULAR MEASURES- The measures referred to in subparagraph (A) are the following:

          (i) The suspension, restriction, or prohibition of exports or imports of any product, technology, or service to or from a foreign country or entity.

          (ii) The suspension of, or any restriction or prohibition on, financial transactions with a foreign country or entity.

          (iii) The suspension of, or any restriction or prohibition on, direct or indirect investment in or from a foreign country or entity.

          (iv) The imposition of increased tariffs on, or other restrictions on imports of, products of a foreign country or entity, including the denial, revocation, or conditioning of nondiscriminatory trade treatment (normal trade relations treatment).

          (v) The suspension of, or any restriction or prohibition on--

            (I) the authority of the Export-Import Bank of the United States to give approval to the issuance of any guarantee, insurance, or extension of credit in connection with the export of goods or services to a foreign country or entity;

            (II) the authority of the Trade and Development Agency to provide assistance in connection with projects in a foreign country or in which a particular foreign entity participates; or

            (III) the authority of the Overseas Private Investment Corporation to provide insurance, reinsurance, or financing, or conduct other activities in connection with projects in a foreign country or in which a particular foreign entity participates.

          (vi) Any prohibition or restriction on the sale, export, lease, or other transfer of any defense article, defense service, or design and construction service under the Arms Export Control Act, or on any financing provided under that Act.

          (vii) A requirement that the United States representative to an international financial institution vote against any loan or other utilization of funds to, for, or in a foreign country or particular foreign entity.

          (viii) A measure imposing any restriction or condition on economic activity on any foreign government or entity on the grounds that such government or entity does business in or with a foreign country.

          (ix) A measure imposing any restriction or condition on economic activity on any person that is a national of a foreign country, or on any government or other entity of a foreign country, on the grounds that the government of that country has not taken measures in cooperation with, or similar to, sanctions imposed by the United States on a third country.

          (x) The suspension of, or any restriction or prohibition on, travel rights or air transportation to or from a foreign country.

          (xi) Any restriction on the filing or maintenance in a foreign country of any proprietary interest in intellectual property rights (including patents, copyrights, and trademarks), including payment of patent maintenance fees.

        (C) MULTILATERAL REGIME- In this paragraph, the term ‘multilateral regime’ means an agreement, arrangement, or obligation under which the United States cooperates with other countries in restricting commerce for reasons of foreign policy or national security, including--

          (i) obligations under resolutions of the United Nations;

          (ii) nonproliferation and export control arrangements, such as the Australia Group, the Nuclear Supplier’s Group, the Missile Technology Control Regime, and the Wassenaar Arrangement;

          (iii) treaty obligations, such as under the Chemical Weapons Convention, the Treaty on the Non-Proliferation of Nuclear Weapons, and the Biological Weapons Convention; and

          (iv) agreements concerning protection of the environment, such as the International Convention for the Conservation of Atlantic Tunas, the Declaration of Panama referred to in section 2(a)(1) of the International Dolphin Conservation Act (16 U.S.C. 1361 note), the Convention on International Trade in Endangered Species, the Montreal Protocol on Substances that Deplete the Ozone Layer, and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes.

        (D) ECONOMIC ASSISTANCE- In this paragraph, the term ‘economic assistance’ means--

          (i) any assistance under part I or chapter 2, 4, 5, or 8 of part II of the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation), any benefits under part IV of that Act (relating to the Enterprise for the Americas Initiative), or any benefits under part V of that Act, relating to tropical forest preservation;

          (ii) the provision of agricultural commodities, or other assistance or benefits, under the Agricultural Trade Development and Assistance Act of 1954, including the Enterprise for the Americas Initiative; and

          (iii) any assistance under the FREEDOM Support Act or the Support for East European Democracy (SEED) Act of 1989.

        (E) FINANCIAL TRANSACTION- In this paragraph, the term ‘financial transaction’ has the meaning given that term in section 1956(c)(4) of title 18, United States Code.

        (F) INVESTMENT- In this paragraph, the term ‘investment’ means any contribution or commitment of funds, commodities, services, patents, or other forms of intellectual property, processes, or techniques, including--

          (i) a loan or loans;

          (ii) the purchase of a share of ownership;

          (iii) participation in royalties, earnings, or profits; and

          (iv) the furnishing or commodities or services pursuant to a lease or other contract.

        (G) EXCLUSIONS- The term ‘unilateral economic sanction’ does not include--

          (i) any measure imposed to remedy unfair trade practices or to enforce United States rights under a trade agreement, including under section 337 of the Tariff Act of 1930, title VII of that Act, title III of the Trade Act of 1974, and sections 1374, 1376, and 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3103, 3106, and 3107);

          (ii) any measure imposed to remedy market disruption or to respond to injury to a domestic industry for which increased imports are a substantial cause or threat thereof, including remedies under sections 201, 406, 421, and 422 of the Trade Act of 1974, and textile import restrictions (including those imposed under section 204 of the Agricultural Act of 1956 (7 U.S.C. 1784));

          (iii) any measure imposed to restrict imports of agricultural commodities to protect food safety or to ensure the orderly marketing of commodities in the United States, including actions taken under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624);

          (iv) any measure imposed to restrict imports of any other products in order to protect domestic health or safety; and

          (v) any measure authorized by, or imposed under, a multilateral or bilateral trade agreement to which the United States is a signatory, including the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)), the North American Free Trade Agreement, the United States-Israel Free Trade Agreement, and the United States-Canada Free Trade Agreement.

      (2) AGRICULTURAL COMMODITY- The term ‘agricultural commodity’ has the meaning given that term in section 102(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)).