A Catalog of New US Unilateral Economic Sanctions For Foreign Policy Purposes--free trade, unilateral and economic trade sanctions

A Catalog of New US Unilateral Economic Sanctions
For Foreign Policy Purposes 1993-96

National Association of Manufacturers, March 1997

Table Of Contents

Foreword

Executive Summary

Unilateral Sanctions From 1993-96
Human Rights and Democratization
Anti-Terrorism
Nuclear Non-Proliferation
Political Stability
Anti-Narcotics
Worker Rights/Use of Prison Labor
Environmental Protection

Why Manufacturers Oppose Unilateral Sanctions
Loss of U.S. Exports and Jobs
Foreign Availability
Ineffectiveness
Beneficial Social Impact of American Trade and Investment
Violation of Domestic and International Law
U.S. Companies as Unreliable Business Partners

Recommendations

Appendix: Unilateral Sanctions Catalog
Introduction: Scope of Sanctions Catalog
Table 1: Recent U.S. Laws Imposing Economic Sanctions
Table 2: Recent Executive Actions Imposing Economic Sanctions
Table 3: Some Major U.S. Laws Prior to 1993
That Could Be Used To Impose Economic Sanctions

Foreword
A Catalog of New U.S. Unilateral Economic Sanctions for Foreign Policy Purposes 1993-96 (with analysis and recommendations) is the first NAM report on the subject in more than a decade, underscoring not only the dramatic increase in the use of unilateral economic sanctions in recent years, but also the cumulative economic effect such measures are having on exports and jobs. The catalog is a comprehensive summary of all new U.S. unilateral economic sanctions measures adopted from 1993 to 1996. It outlines the reasons why American manufacturers generally oppose unilateral economic sanctions, and offers recommendations for future policy reforms.
The grain embargo in 1980 and the abortive oil pipeline sanctions against the Soviet Union in 1982 failed dramatically and should serve as reminders that unilateral economic sanctions seldom, if ever, have their desired impact on the targeted regimes. Under clearly defined cases of national or international emergency, the proscribed use of unilateral economic sanctions may, indeed, be justified, provided a determination is made that the sanctions are likely to achieve the intended foreign-policy objective and that the goods, services or investment in question are not available, nor are likely to be provided by other countries so as to undercut the effectiveness of the measure. We doubt that many of the unilateral sanctions could meet this test.
This catalog was produced under the direction of Professor Barry Carter of Georgetown University Law School. The analysis and recommendations were prepared by Marino Marcich of the NAM Trade and Technology Policy Department. Professor Carter's 1988 book, International Economic Sanctions: Improving the Haphazard U.S. Legal Regime, is essential reading for anyone who wants a better understanding of this sensitive and complex issue. Though Professor Carter prepared the catalog (see Appendix), the analysis, views and recommendations contained in the report are strictly those of the NAM.
Jerry Jasinowski
President
National Association of Manufacturers
Executive Summary

In just a four-year period (from 1993-96), 61 U.S. laws and executive actions were enacted authorizing unilateral economic sanctions for foreign-policy purposes. Thirty-five countries were targeted.

The sanctioned countries represent 2.3 billion potential consumers of U.S. (42 percent of the world's population), and $790 billion worth of export markets (19 percent of the world's total).

In only a handful of the 35 cases could an arguable claim be made that the sanctions changed the behavior of the targeted government.

All proposed sanctions should satisfy specific criteria relating to effectiveness, availability from foreign suppliers and enforceability. Provision should also be made for such measures to lapse absent re-authorization by Congress, or be waived if the President determines that it is in the national interest.

An annual report should be produced by the U.S. government on all unilateral economic sanctions. The report should analyze both the impact of the sanctions on the targeted government and the impact on U.S. companies.

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