This Survey sets forth in summary fashion the current U.S. laws and regulations that authorize or mandate U.S. unilateral economic sanctions in order to achieve certain foreign policy objectives. This includes the deliberate imposition or threatened imposition of unilateral economic sanctions to change the behavior of a foreign nation with respect to its own conduct, or the conduct of its nationals. The foreign policy objectives can be far reaching and include the transition to democracy, opposing terrorism or support of terrorist activities, sanctioning drug producing and drug-transit countries, supporting human rights, opposing the acquisition of weapons of mass destruction, and protecting the environment. The sanctions that may be imposed include blocking of assets and a prohibition on all dealings with a foreign country and its nationals, restrictions on exports to or imports from a particular country or foreign person, the withholding of financial assistance or trade benefits from a foreign country, a ban on participation in U.S. government procurement, and opposition by U.S. representatives in international financial institutions to loans or financial assistance to a particular country.

This Survey does not incorporate standard export controls undertaken pursuant to multilateral agreements, such as the Nuclear Suppliers Group, the Australia Group, or the Missile Technologies Control Regime. However, where U.S. economic sanctions exceed the agreed upon level of multilateral sanctions, such sanctions would be identified and included herein. The Survey also does not include unilateral export controls imposed on the sale of defense articles or specified dual-use items which facilitate the proliferation of conventional or non-conventional weapons, violations of human rights, and terrorism¹. While these controls are unilaterally imposed for foreign policy purposes, they are intended more to avoid diversion of these items to a targeted activity rather than to affect the policy or behavior of certain States.

On the other hand, we have included in this Survey the imposition or threatened imposition of unilateral economic sanctions to encourage foreign governments and their nationals to modify their environmental practices, including fishery conservation practices and the preservation of sea turtles. Such sanctions are intended to achieve foreign policy goals, and not commercial or trade objectives.

Finally, we have excluded from this Survey sanctions that are imposed or threatened to be imposed to attain trade or commercial objectives. For example, the use or threatened use of trade sanctions under Section 301 of the Trade Act of 1974, as amended, to encourage foreign governments to provide market access for U.S. goods, is not included.

Section 507 prohibits the use of funds under this Act for direct assistance to Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria²⁶.

Section 523 prohibits the use of funds under this Act for indirect assistance to Cuba, Iran, Iraq, Libya, North Korea, Syria, or the People's Republic of China. This prohibition may be waived by the President upon certification that this would be in the national interest.

Section 567 restricts funding under this Act for military assistance to Guatemala unless the President certifies that the Guatemalan military is cooperating in the investigation and resolution of human rights abuses in which the military allegedly participated.

Section 569 restricts funding for assistance to Haiti until the President reports that the Government of Haiti is conducting investigations, and participating with U.S. investigation efforts, of political killings. The President may waive this prohibition if it would be in the national interest.

Section 579 requires U.S. representatives in international financial institutions to vote against loans, other than for basic human needs, to any country which the Secretary of the Treasury determines to have, as a cultural custom, a history in the practice of female genital mutilation, and which government has not taken steps to implement educational programs to prevent such practice.

Section 508 prohibits funds available under this Act, including Overseas Private Investment Corporation ("OPIC") funds, from being used to assist any country whose duly elected Head of Government is deposed by military coup or decree, until a democratically elected government takes office.

This Act also prohibits the use of funds under the Foreign Assistance Act (discussed at section I.V.) for assistance to any New Independent States of the former Soviet Union that take action violating the territorial integrity or national sovereignty of any other New Independent State. Such funds also may not be used to assist Russia unless the Russian Government is making progress in implementing comprehensive economic reforms.

• The President waived the application of this provision with respect to violations of territorial integrity and national sovereignty. 62 Fed. Reg. 1381 (12/26/96).

The prohibitions will be lifted when the President: (1) certifies that China has provided certain assurances that it is not assisting any non-nuclear weapon state in acquiring certain nuclear materials or devices, and reports that certain political reform progress has been made; (2) certifies that China has not used a nuclear explosive device or violated international nuclear safeguards (see Congressional Joint Resolution at II.E.4.); and (3) makes a report regarding China's progress in human rights and political reform.

Under Section 901, this Act also states that the President "should" urge the Export-Import Bank to postpone approval of financing related to China, and that the U.S. executive directors of international financial institutions "should" oppose the extension of assistance to China. The Act also states that the President "should" review certain trade agreements with respect to satellite launches and the use of atomic energy if systematic repression in China deepens.