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H.R. 1746 (95th): A bill to amend the United Nations Participation Act of 1945 to halt the importation of Rhodesian chrome.

The text of the bill below is as of Mar 18, 1977 (Passed Congress).


91 STAT. 22                       PUBLIC LAW 95-12—MAR. 18, 1977

                 Public Law 95-12
                 95th Congress
                                                  An Act
 Mar. 18, 1977
                 To amend the United Nations Participation Act of 1945 to halt the importation
  [H.R. 1746]
                                              of Rhodesian chrome.
                    Be it enacted hy the Senate and House of Repveserdatives of the
Rhodesian        United States of America in Congress assembled., That section 5 of
chrome.          the LTnited Nations Participation Act of 1945 (22 U.S.C. 287c) is
Importation      amended—
prohibition.
                         (1) by addintj at tlie end of subsection (a) the following
                      new sentences: "Any Executive order which is issued under this
                      subsection and which applies measures against Southern Rhodesia
                      pursuant to any United Nations Security Council Resolution may
                      be enforced, notwithstanding the provisions of any other law.
                      The President may exempt from such Executive order any ship-
                      ment of chromium in any form which is in transit to the United
                      States on the date of enactment of this sentence."; and
                         (2) by adding at the end thereof the following new subsection :
 Steel mill         "(c) (1) During the period in which measures are applied against
 products,       Southern Rhodesia under subsection (a) pursuant to any United
 certificate of  Nations Security Council Resolution, a shipment of any steel mill
 origin.
                 pi'oduct (as such product may be defined by the Secretary) containing
                 chromium in any form may not be released from customs custody for
                 entry into the United States if—
                         "(A) a certificate of origin with respect to such shipment has
                      not Ix^en filed with the Secretary; or
                         "(B) in the case of a shipment with respect to which a certifi-
                      cate of origin has been filed with the Secretary, the Secretary
                      determines that the information contained in such certificate does
                      not adequately establish that the steel mill product in such ship-
                      ment docs not contain chromium in any form which is of Southern
                      Rhodesian origin;
                 unless such release is authorized by the Secretary under paragraph
Infra.            (3) ( B ) o r ( C ) .
Regulations.        "(2) The Secretary shall prescribe regulations for carrying out
                 this subsection.
Subpenas.           "(3) (A) In cairying out this subsection, the Secietary may issue
                 subpenas requiring the attendance and testimony of w^itnesscs and
                 the production of evidence. Any such subpena may, upon application
                 by the Secretary, be enforced in a civil action in an appropriate
                 United States district court.
Certification       "(B) The Secretary may exempt from the certification require-
requirement,     ments of this subsection any shipment of a steel mill product con-
 exemption.      taining chromium in any form which is in transit to the United States
                 on the date of enactment of this subsection.
Release from        "(C) Under such circumstances as he deems appropriate, the Sec-
customs custody. retary may release from customs custody for entry into the United
                 States, under such bond as he may require, any shipment of a steel
                 mill product containing chromium in any form.

PUBLIC LAW 95-12—MAR. 18, 1977 91 STAT. 23 "(4) As used in this subsection— Definitions. "(A) the term 'certificate of origin' means such certificate as the Secretary may require, with respect to a shipment of any steel mill product containing chromium in any form, issued by the government (or by a designee of such government if the Secretary is satisfied that such designee is the highest available certifying authority) of the country in which such steel mill product was produced certifying that the steel mill product in such shipment contains no chromium in any form which is of Southern Rhode- sian origin; and "(B) the term 'Secretary' means the Secretary of the Treasury.". SEC. 2. (a) Upon the enactment of this Act, the President may Operation of suspend the operation of the amendments contained in this Act if amendments, he determines that such suspension would encourage meaningful nego- suspension. tiations and further the peaceful transfer of governing power from 22 u s e 287c note. minority rule to majority rule in Southern Rhodesia. Such suspension shall remain in effect for such duration as deemed necessary by the President. (b) If the President suspends the operation of the amendments Report to contained in this Act, he shall so report to the Congress. In addition, Congress. the President shall report to the Congress when he terminates such suspension. (c) If the President suspends the operation of the amendments contained in this Act, any reference in those amendments to date of enactment shall be deemed to be a reference to the date on which such suspension is terminated by the President. Approved March 18, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-59 (Comm. on International Relations). SENATE REPORT No. 95-37 accompanying S. 174 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 123 (1977): Mar. 11, S. 174 considered in Senate. Mar. 14, considered and passed House; S. 174 considered in Senate. Mar. 15, considered and passed Senate, in lieu of S. 174. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 12: Mar. 18, Presidential statement.