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

National Association of Manufacturers, March 1997

Table 1
Recent U.S. Laws Imposing Economic Sanctions

RETURN TO Table of Contents

Date of
Passage
U.S. LawTarget
Countries
ReasonsFurther Description of the Law
Sept. 30, 1993 Foreign Operations, etc., Appropriations Act, FY 1994, Pub. L. No. 103-87, § 573 (1993).
Anti-terrorism Foreign assistance prohibited to foreign governments that export lethal military equipment to countries supporting international terrorism.
Sept. 30, 1993 Foreign Operations, etc., Appropriations Act, FY 1994 (see above), § 562. Nicaragua Anti-terrorism;
expropriation;
human rights
Economic assistance under act prohibited to Nicaragua until the U.S. Secretary of State determines and reports that (1) there had been an investigation of an explosion in Managua and that (2) there had been significant progress toward resolution of expropriation claims, toward timely implementation of recommendations regarding human rights, and toward reform of the Nicaraguan military and police and judicial system.
Sept. 30, 1993 Foreign Operations, etc., Appropriations Act, FY 1994 (see above), § 563. Haiti Democratization;
Human rights; anti-narcotics
Assistance under act limited for military or police training in Haiti, with conditions on a UN-sponsored initiative and on recipients who have been involved in drug trafficking or gross violations of human rights.
Nov. 30, 1993 National Defense Authorization Act for FY 1994, Pub. L. No. 103-160, § 1511 (1993). Yugoslavia Political stability;
democratization
Codifies existing sanctions against Serbia and Montenegro that had been imposed by Executive Order. Also prohibited any U.S. appropriated funds from being expended on behalf of the governments of Serbia or Montenegro and directed that the U.S. cast negative votes in the IFIs against any assistance to those two governments.
April 30, 1994 Nuclear Proliferation Prevention Act of 1994, Pub. L. No. 103-236, Title VIII, § 811-830 (1994).
Non-
proliferation
Law tightening the sanctions on nuclear proliferation. Sanctions include, among others, a ban on U.S. government procurement from persons who have knowingly contributed to any individual, group or non-nuclear-weapon state acquiring unsafeguarded special nuclear material or developing or acquiring any nuclear explosive device; a ban on arm sales to any country in material breach of its commitments to the United States under international non-proliferation agreements; a prohibition on financing nuclear proliferation activities; a prohibition on Ex-Im Bank programs for any country that has willfully aided any non-nuclear- weapon state to acquire a nuclear explosive device or unsafeguarded special nuclear material; a ban on U.S. assistance to any country that delivers to another country or exports from the U.S. certain nuclear reprocessing equipment or technology; and a variety of sanctions (including a ban on U.S. government financial assistance, negative U.S. votes in IFIs, a ban on U.S. private bank credits and a ban on exports) if a country transfers a nuclear-explosive device to a non- nuclear weapon state or, if it is such a state, receives or detonates a nuclear device.
April 30, 1994 An expansion led by Sen. Helms on the so-called Hickenlooper amendment. 22 U.S.C. § 2370a.
Expropriation Law broadening and toughening the sanctions against 1994 countries that have expropriated or otherwise seized ownership of the property of a U.S. citizen, without providing adequate and effective compensation or a satisfactory procedure to settle the dispute. Also applies to a government repudiating or nullifying any contract with a U.S. citizen. Sanctions include no foreign assistance and the U.S. voting against loans to these countries in IFIs.
Aug. 23, 1994 Law prohibiting the use of any of the funds appropriated under this act to provide foreign assistance to any country that is not in compliance with the UN Security Council sanctions against Iraq, Serbia or Montenegro. Also, the President can prohibit imports from any country not in compliance with the resolutions. Foreign Operations, etc., Appropriations Act, FY 1995, Pub. Law No. 103-306, § 538 (1994)
Human rights:
democratization
The provision prohibiting assistance does allow for a Presidential certification to Congress waiving the ban. This section in the Act was the first to include Serbia or Montenegro. The 1991 Foreign Assistance Appropriations Act included a similar provision just for the Iraqi sanctions.
Aug. 23, 1994 Foreign Operations, etc., Appropriations act, FY 1995 (see Russia, Title II. Russia, New
Independent
States
Political Stability;
Market Reforms
Law adding restrictions to assistance to the New Independent States (NIS) of the former Soviet Union. New restrictions include a ban on aid if an NIS government directs any action reforms in violation of the territorial integrity or national sovereignty of any other new independent state; and a ban on aid to Russia unless that government is making progress in implementing comprehensive economic reforms.
Aug. 23, 1994 Foreign Operations, etc., Appropriations Act, FY 1995 (see above), § 565. West Bank
and Gaza
Anti-terrorism;
political stability
Limit on assistance appropriated under Act for the Palestine Liberation Organization (PLO) for the West Bank or Gaza unless the President suspends the prohibition under Section 307 of the Foreign Assistance Act of 1961. Application of § 307 has been waived by the President until Feb. 12, 1997. E.g, 61 Fed. Reg. 43,137 (1996). This was authorized by the Middle East Peace Facilitation Act, first passed in 1994, Pub. L. No. 103-236, § 583(a) (1994), which allows suspensions in six-month increments.
Feb. 10, 1996 National Defense Authorization Act for FY 1996, Pub. Law No. 104-106, § 1341 (1996), amending 10 U.S.C. § 2249a. Presently Cuba,
Iran, Iraq, Libya
North,Korea,
Sudan,Syria
Anti-terrorism Law prohibits Defense Department funds from assisting any countries designated as supporting international terrorism.
Feb. 12, 1996 Foreign Operations, etc., Appropriations Act, FY 1996, Pub. L. No. 104-107, § 582 (1996). Not specific,
but possibly
Yugoslavia, Bosnia-
Herzegovina
Croatia, Zaire
Human Rights Law withholds foreign assistance funds and directs a U.S. vote in the international financial institutions (IFIs) against countries where the government knowingly grants sanctuary to indicted persons in its territory for the purpose of evading prosecution by the international war crimes tribunals of the former Yugoslavia and Rwanda.
Feb. 12, 1996 Foreign Operations, etc., Appropriations Act, FY 1996 (see above), § 563. Cuba indirectly Non-proliferation Foreign assistance to a country to be withheld in the amount equal to any assistance or credits that the country has provided for the Cuban nuclear facility at Juragua, Cuba.
Feb. 12, 1996 Foreign Operations, etc., Appropriations Act, FY 1996 (see above), § 564. Haiti Democratization;
human rights
Prohibits assistance under the act to Haiti when its government is controlled by a regime that obtains power other than through the democratic elections scheduled for 1995. Also prohibits some assistance under act until the President reports that the government of Haiti is conducting thorough investigations of political and extrajudicial killings.
Feb. 12, 1996 Foreign Operations, etc., Appropriations Act, FY 1996 (see above), § 567. Burma Anti-narcotics;
democratization
Prohibits funds under this act to be used for international narcotics control for Burma.
Feb 12, 1996 Foreign Operations, etc., Appropriations Act, FY 1996 (see above), § 578. Guatemala Human rights Limits assistance under act to the Guatemalan military or security forces, requiring the President to determine and certify that the Guatemalan military is cooperating with efforts to resolve human rights abuses.
March 12, 1996 Sanctions on Cuba codified and new sanctions added in a law generally known as the Helms-Burton Act. Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (aka Helms-Burton Act), Pub. L. No. 104- 114 (1996). Of the law's four parts, Title I generally codifies the unilateral economic sanctions against Cuba that the U.S. had maintained, mostly through regulations under Trading with the Enemy Act (TWEA), starting in 1963. It also added in some new sanctions, such as limiting U.S. aid to an NIS prohibited country if it provided assistance or special trading terms Cuba.

Title II details the assistance that the United States would be ready to extend to Cuba, subject to appropriations, if there is a constructive change in government there toward a free and independent Cuba.

Title III is a complicated and controversial section that establishes a new cause of action in U.S. federal courts for present U.S. nationals (who might have been Cuban nationals in the early 1960s) who have had their property expropriated by the Cuban government. The law specifically bars the use of the act of state doctrine. Anyone who "traffics" in the confiscated property will be liable for damages of up to three times the value of the confiscated property (and not just the value of the business transaction). "Trafficking" is used broadly to include knowingly selling, transferring, distributing, managing or otherwise holding or acquiring an interest in the confiscated property. There are some exceptions to this broad definition, such as delivering international telecommunications signals to Cuba or some trading or holding of publicly traded securities.

Title IV provides that the U.S. Dept. of State must deny visas for any alien who has either confiscated property subject to a claim by a U.S. national or who traffics in such property. (The definition of trafficking is a little narrower in this title.) The ban extends to a spouse, a minor child or an agent of the alien.

Cuba and third
parties in Canada,
Mexico, European
Union, ect., who
engage in
prohibited
dealings
with Cuba
Democratization;
human rights;
anti-narcotics
Title III has an involved schedule for implementation. It could have come into effect at its earliest on Aug. 1, 1996. When it does come into force, only suits by U.S. persons whose claims were certified by the Foreign Claims Settlement Commission will be allowed. Other U.S. nationals will have to wait for two years, until March 1998, to bring a suit. The effective date of Aug. 1, 1996, for Title III may be suspended for six-month renewable periods if the President determines and reports to Congress that the suspension is necessary to U.S. national interests and will expedite a transition to democracy in Cuba.

On July 16, 1996, President Clinton announced that he would allow Title III to come into force, but that he was suspending (as provided for in the law) the right to file suit for six months. He said that his Administration would use the time to build support in the international community on steps to promote democracy in Cuba.

April 24, 1996 Law prohibits U.S. persons from (1) engaging in financial transactions with the governments of countries designated as supporting international terrorism and (2) providing material support or resources to designated foreign terrorist organizations. Amending earlier laws, it also prohibited person knows or has a reasonable cause to believe poses a foreign assistance to those countries that aid terrorist states or provide them with military equipment, and it directed the U.S. to vote in the IFIs against loans or for funds for a country designated as supporting terrorism. Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104 132, §§ 301-03 (organizations) and 321-30 (states) (1996). Currently
Cuba, Iran
Iraq, Libya,
North
Korea,
Sudan,
Syria
Anti-terrorism Regulations implementing Section 321 were issued on Aug. 23, 1996, to help define what are prohibited financial transactions. The regulations prohibit, among other activities, U.S. persons engaging in financial transactions that the U.S. risk to furthering terrorist acts in the United States. The rules, however, did not target legitimate business deals in Syria or Sudan. 61 Fed. Reg. 43,462 and 43,459 (1996).
Aug. 5, 1996 Iran and Libya Sanctions Act of 1996, Pub. L. No. 104-172 (1996) Iran,Libya,
and third
parties in
the European
Union, etc.
who trade
or invest
with Iran
or Libya
Anti-
terrorism;
Non-
proliferation
New sanctions were imposed on investment in Iran or Libya and on trade with Libya in the Iran and Libyan Sanctions Act of 1996. New investment of $40 million in any 12-month period in the development of Iran's or Libya's petroleum resources by any person would require the President to impose against the sanctioned person at least two sanctions from a list of possible sanctions for a period of two years. (The requisite amount drops to $20 million in Iran after one year.) Similarly, any trade with Libya in items prohibited by two UN resolutions regarding aircraft and defense items and petroleum equipment would require the minimum two sanctions. The list of possible sanctions include: denial of Ex-Im Bank assistance; denial of export licenses; a ban on U.S. private bank loans; a ban on sanctioned banks serving as a primary dealer of U.S. government bonds or as a repository of U.S. government funds; a prohibition on entering into U.S. government procurement contracts; and a restriction on imports (using IEEPA) (see Table 3). The President may waive the imposition of sanctions if he determines it is important to the U.S. national interest to grant a waiver.
Sept. 30, 1996 Law imposing a variety of sanctions on Burma (Myanmar), including a possible prohibition on new U.S. investment there. Foreign Operations, etc., Appropriations Act, FY 1997, Pub. L. No. 104-208, § 570 (1996). Burma
(Myanmar)
Human rights
democratization
Unless the President certifies that Burma has made substantial 1996 progress in improving human rights and implementing democratic government, the law limits U.S. foreign aid to humanitarian assistance and anti-narcotics aid, directs U.S. to vote against loans by IFIs, and bars entry visas to Burmese government officials unless obligated by treaty. Further, if the President certifies that Burma has taken harmful actions against the opposition leader or has committed large- scale repression against the democratic opposition, the President shall prohibit new investment in Burma by U.S. persons.
Sept. 30, 1996 Foreign Operations, etc., Appropriations Act, FY 1997 (see above), § 579. No specific
targets, but
possibly
could affect
several
African
countries
Human rights Law directs that, one year from date of its enactment, U.S. shall vote in the IFIs against loans (other than for basic human needs) to any government that the U.S. Secretary of Treasury has determined: (1) has, as a cultural custom, a known history of the practice of female genital mutilation; and (2) has not taken steps to implement educational programs to prevent the practice of female genital mutilation.

Table 2
Recent Executive Actions Imposing Economic Sanctions

RETURN TO Table of Contents

Date of
Executive
Action
Executive Action Target
Countries
Reasons Additional Description of the Sanctions Renewal
Date (if
Applicable)
Jan. 21, 1993 Sanctions expanded against the Federal Republic of Yugoslavia (Serbia and Montenegro) to include a ban on trans-shipment through the Federal Republic by U.S. persons. The U.S. restrictions are in Executive Orders 12,831 (Jan. 15, 1993), 12,846 (April 25, 1993) and 12,934 (Oct. 25, 1994). Statutory authority is found in IEEPA and the UN Participation Act (see Table 3). Federal
Republic
of Yugo-
slavia
(Servia and
Monte-
negro),
Bosnia-
Herze-
govina
Political
stability
On April 25, new limits were imposed on Annual dealings by U.S. persons that involve exports or under trans-shipments through the Bosnian Serb-held IEEPA areas of Bosnia-Herzegovina. These restrictions were designed to help implement UN Security Council Resolutions 757 (May 30, 1992), 787 (Nov. 16, 1992), 820 (April 17, 1993) and 942 (Sept. 23, 1994). Annual
under
IEEPA
April 29, 1993 58 Fed. Reg. 26,024 (1993), under the authority of the Arms Export Control Act (see Table 3), 22 U.S.C. §§ 2752, 2778, and 2791. Zaire Political
stability
Ban on the sale of defense items and services to Zaire.
May 27, 1993 Suspension of U.S. aid programs to Guatemala, except for humanitarian assistance, and U.S. opposition in the international financial institutions (IFIs) for loans to Guatemala. 29 Weekly Comp. Pres. Doc. 1029 (1993). Guatemala Opposition to
military coup
The U.S. also threatened to suspend trade preferences under the Generalized System of Preferences (GSP) and the Caribbean Basin Initiative (CBI). Instead, when a new President was selected in Guatemala, the U.S. on June 7, 1993, resumed the full range of assistance programs.
June 4, 1993 Actions taken pursuant to the Immigration and Nationality Act, § 212(f), and IEEPA. See 29 Weekly Comp. Pres. Doc. 1029 (June 4, 1993). Haiti Democratiza-
tion
Sanctions against Haiti, which date back to October 1991, are strengthened to include limits on entry into U.S. and freezing the personal assets of specially designated nationals who act for or on behalf of the Haitian military junta or make material contributions to that regime. Annual
under
IEEPA
June 16, 1993 Prohibition on imports of sheepskin and leather products. 19 U.S.C. § 1307; 58 Fed. Reg. 32,746 (1993). China Use of prison
labor
Prohibition takes effect on imports of certain products by the Qinghai Hide and Garment Factory after U.S. Customs Service determined that the products were being manufactured with the use of convict, forced and/or indentured labor. Determination made on Dec. 30, 1992.
June 24, 1993 U.S. cuts off military training assistance to Nigeria Nigeria Democratiza-
tion
Steps taken in reaction to the military blocking a return to civilian government. On July 30, 1993, the U.S. announces that there will be a presumption of denial on all proposed sales of defense goods and services to Nigeria. The July action is at 58 Fed. Reg. 40,845 (1993).
June 25, 1993 Suspension of GSP eligibility of Mauritania as a beneficiary developing country. 58 Fed. Reg. 34,861 (1993). Mauritania Worker rights Decision to suspend benefits for imports under the Generalized System of Preferences (GSP) for Mauritania because it was not taking steps to afford internationally recognized worker rights.
Aug. 12, 1993 Secretary of State designates Sudan as supporting acts of international terrorism. This affects its status under the export-control laws. (See Dec. 29, 1993 entry.) 58 Fed. Reg. 52,523 (1993). Sudan Anti-
terrorism
Stiffens the export licensing requirements for Sudan by making several categories of exports subject to a general policy of denial. (See entry for Dec. 29, 1993.) Annual
Aug. 24, 1993 Imposition of sanctions against two Chinese entities, all their subsidiaries and certain Chinese government agencies for engaging in missile technology proliferation activities to Pakistan, as well as against the Ministry of Defense of Pakistan. 22 U.S.C. § 2797(b)(2)(A) and 50 U.S.C. App. § 2410 (b)(l)(B)(i); 58 F.R. 45,408 (1993). The sanctions were waived on Nov. 1, 1994. China and
Pakistan
Non-
proliferation
Sanctions include denying U.S. export licenses for items covered by the Missile Technology Control Regime (MTCR) Annex for two years and the denial of U.S. government contracts relating to these same items.
Sept. 26, 1993 Prohibition on the sale of arms, military vehicles and petroleum products to UNITA or to Angola, except through designated points of entry. Designed to help implement UN Security Council Resolution 864 (Sept. 15, 1993). Executive Order No. 12,865 (1993). Angola
(UNITA)
Political
stability;
democratiza-
tion
Statutory authority based on IEEPA and the UN Participation Act. The domestic arms embargo against Angola had been terminated on June 2, 1993. 58 Fed. Reg. 35,864 (1993). Annual
under
IEEPA
Dec. 3, 1993 President announces tightened economic sanctions against Libya in accordance with UN Security Council Resolution 883 (Nov. 11, 1993). The resolution imposes a limited freeze on Libyan government assets; expanded trade prohibitions to include materials for the construction, improvement or maintenance of Libyan airfields as well as certain refining and oil terminal equipment. It closed the foreign offices and cut off ties with Libyan Arab Airlines. Libya
Anti-
terrorism
The expanded U.S. sanctions included denial of authorizations for re-exports to Libya of U.S.- origin equipment covered by Resolution 883.
Dec. 29, 1993 Dept. of State determines that nearly all items subject to national security or non-proliferation export controls are to be controlled under § 6(j) of the Export Administration Act (EAA), if they are destined to military, police, intelligence entities or Report to other sensitive end-users in terrorist-supporting countries. State and Commerce will notify the Congress when the Administration intends to approve such exports to such end-users.

Also, State will continue to review the proposed export of any controlled item under EAA § 6(a) to any terrorist-supporting country to determine if it could significantly contribute to the military potential or could enhance the terrorist-supporting capability of a 6(j) country. State and Commerce will notify Congress of any intended approval of an item that meets these tests.

The Secretary of State has identified Cuba, Libya, Iran, Iraq, North Korea, Sudan and Syria as countries that have repeatedly supported acts of international terrorism.

Cuba,
Libya,
Iran,Iraq,
North
Korea,
Sudan,
Syria
Anti-
terrorism
This is a restructuring of export controls and did not result in the imposition of new controls, except on Sudan. (See BXA, 1994 Annual Controls, at 17.) Annual
April 1, 1994 President Clinton decertifies Nigeria for its inadequate anti-narcotics efforts, under the existing Foreign Assistance Act. Authority: 59 Fed. Reg. 17,231 (1994), 22 U.S.C. § 229 lj. Nigeria Anti-
narcotics
Ineligible for most U.S. foreign aid; disqualified for loans, insurance or other programs from Ex-Im Bank or OPIC; directs U.S. to vote against loans to Nigeria in multilateral development banks (MDBs).
April 4, 1994 59 Fed. Reg. 15,624 (1994). Sudan,
Haiti,
Angola
Anti-
terrorism (for
Sudan);
democratiza-
tion
Dept. of State adds Sudan to the International Traffic in Arms Regulations (ITAR) as a country to which it is U.S. policy to deny exports and imports of defense articles and defense services. The regulations are also amended to add Haiti, as a result of the UN arms embargo against it, and to reflect the qualified embargo of Angola, also in line with UN multilateral sanctions.
May 26, 1994 Executive Order No. 12,918 (1994). The statutory authority is from IEPPA, the UN Participation Act, and the Arms Export Control Act. See 59 Fed. Reg. 42,158 (1994). Rwanda Political
stability
Prohibition on sales of arms and related material to Rwanda. Designed to help implement UN Security Council Resolution 918 (May 17, 1994).
May 26, 1994 President announces a ban on the importation into U.S. of munitions and ammunition from China. Arms Export Control Act, 22 CFR § 126.1 and 27 CFR § 47.52. China Human rights While saying that he would renew MFN status for China, President used this import ban on munitions to help indicate that China fell short in five of the seven human-rights areas set out in his 1993 Executive Order.
Aug. 9, 1994 Ban on importation of certain fish and wildlife products from Taiwan. 59 Fed. Reg. 40,463 (1994); 22 U.S.C. § 1978. The sanctions were lifted in June 1995. Taiwan Environ-
mental
protection
The sanctions are imposed because of Taiwan's trade in tiger and rhinoceros products. The applicable law authorizes import restrictions on a country that, by fishing practice or trade, undermines international programs for fishery conservation or for endangered or threatened species.
Aug.-Oct.
1994
Suspension of new OPIC activities in Gambia and cut off of all U.S. economic and military aid because of a military coup in July against the duly elected head of state. Authority: § 508 of the Foreign Assistance Appropriations Act for FY 1995 (Pub. L. No. 103-306) and predecessor statutes dating back to the F.A. Appropriations Act of 1986, § 513. Gambia Democratiza-
tion
OPIC discontinues offering its programs (e.g., insurance, guarantees and financing) to U.S. investors in Gambia. The U.S. Department of State announced on Oct. 28, 1996, that it has cut off all aid, pending the return of democratic rule to Gambia.
Aug. 20, 1994 President Clinton announces tightened sanctions against Cuba to limit its ability to accumulate foreign exchange. 59 Fed. Reg. 44,884 (1994). Cuba Human rights
(to stop
refugee flow)
Sanctions include new limits on travel-related transactions, cash remittances and the shipment of gift parcels to Cuba.
Nov. 14, 1994 President Clinton issues an Executive Order declaring a national emergency and setting up a policy and administrative framework to combat the proliferation of nuclear, biological and chemical weapons ("weapons of mass destruction") and of the means to deliver the same. Exec. Order 12,938 (1994).
Non-
proliferation
The Executive Order establishes some policies and bureaucratic responsibilities within the U.S. government for dealing with the proliferation of weapons of mass destruction. It did not impose any specific new sanctions on any countries. Annual
November 1994 U.S. bans the sale of military goods to Nigeria. Nigeria Human rights In reaction to Nigeria's hanging of nine environmental activists, the U.S. adds to sanctions already imposed on Nigeria (see April 1994). Besides the ban on military sales, the U.S. also extended a ban on visas for top Nigerian leaders.
Jan. 23, 1995 President declares a national emergency and invokes his broad powers under IEEPA (see Table 3) to block assets and prohibit transactions. Exec. Order 12,947, 60 Fed. Reg. 5079 (1995). Regulations implementing the Executive Order were issued on Feb. 2, 1996. 61 Fed. Reg. 3,805 (1996).
Anti-
terrorism
President blocks within the U.S. the assets of Annual persons determined to have committed or present a significant risk of committing acts of violence that would disrupt the Middle East peace process, and he blocks transactions by U.S. persons with these foreign persons. Annual
Feb. 28, 1995 President decertifies Afghanistan for its inadequate counternarcotics efforts. 60 Fed. Reg. 12,859 (1995). Afghani-
stan

Ineligible for most U.S. foreign aid; disqualified for loans, insurance or other programs from Ex-Im Bank or OPIC; directs U.S. to vote against loans to Afghanistan in multilateral development banks (MDBs).
March 15,1995 President Clinton issues an Executive Order prohibiting certain transactions with respect to the development of Iranian petroleum resources.Exec. Order 12,957, 60 Fed. Reg. 14,615 (1995). Iran Anti-
terrorism;
non-
proliferation
Limits U.S. persons from contracts for performing, guaranteeing or financing the development of Iranian petroleum resources. On Nov. 15, 1993, the reporting requirements were clarified to indicate that their scope extends beyond transactions involving crude oil or natural gas. The requirements also include the provision of goods and services related to the financing, lifting, transporting, insuring, refining or processing of crude oil, natural gas and petrochemicals, including the sale to Iran of oil field supplies or equipment. 61 Fed. Reg. 58,480 (1996). Annual
May 6, 1995 The President issues an Executive Order that imposes comprehensive U.S. sanctions against Iran. Exec. Order No. 12,959, 60 Fed. Reg. 24,757 (1995). Iran Anti-
terrorism;
non-
proliferation
The new sanctions include broad export controls on U.S. exports to Iran and on many re-exports of U.S.- origin goods or technology to Iran, a ban on new investments by U.S. interests in Iran, and a ban on the importation of goods or services of Iranian origin. Annual
July 28, 1995 Suspension of designation as a beneficiary developing country under the GSP. 60 Fed. Reg. 39,095 (1995). the
Maldives
Worker rights Announcement of suspension of the GSP preferential treatment of imports for Maldives because it is not taking steps to afford internationally recognized worker rights.
Aug.-Sept.
1995
OPIC discontinues its programs to U.S. investors in these three countries. Authority: 22 U.S.C. § 2191a. Saudi
Arabia,
Qatar,
United
Arab
Emirates
Worker rights Suspension of new OPIC activities in Saudi Arabia, Qatar and United Arab Emirates because they did not take adequate steps to afford internationally recognized worker rights.
Oct. 21, 1995 Executive Branch blocked the property subject to U.S. jurisdiction of important foreign narcotics traffickers, pursuant to IEEPA (See Table 3). Original list of four traffickers expanded to 80 entities and individuals on October 24 and more added in November 1995 (4) and March 1996 (198). Exec. Order 12,978, 60 Fed. Reg. 54,579 (1995). Colombia Anti-
narcotics
Blocks all property subject to U.S. jurisdiction of the designated entities and individuals, and it prohibits any transaction by a U.S. person or within the U.S. in property interests of the designated traffickers. Annual
Dec. 21, 1995 60 Fed. Reg. 66,334 (1995). Nigeria Democratiza-
tion; human
rights
Suspension of all licenses to export commercial defense articles or services to Nigeria.
Feb. 28, 1996 New Ex-Im Bank financing for U.S. exports to China delayed. Authority: 12 U.S.C. § 635(b)(2). China Non-
proliferation
Secretary of State asks Ex-Im Bank to postpone any financing for U.S. companies planning to export to China until March 23, 1996, because of reports that China had shipped ring magnets to Pakistan and was otherwise supporting Pakistan's nuclear weapons program. Secretary makes a second request on April 24, 1996. (Sanction lifted on May 10, 1996.)
March 1, 1996 President Clinton decertifies Colombia for its inadequate antidrug efforts, under the existing Foreign Assistance Act. 61 Fed. Reg. 9,891 (1996); 22 U.S.C. § 2291j. Colombia Anti-
narcotics
Ineligible for most U.S. foreign aid; disqualified for loans, insurance or other programs from Ex Im Bank or OPIC; directs U.S. to vote against loans to Colombia in multilateral development banks (MDBs). Annual
March 25, 1996 Departments of State and Commerce announce new anti-terrorism export controls on Sudan, imposing foreign-policy controls. 61 Fed. Reg. 12,714, 12,721, and 12, 791 (15 C.F.R. § 742.10) (1996). Sudan Anti-
terrorism
New export controls are imposed against Sudan. They are nearly identical to the controls maintained on Iran for anti-terrorism purposes under the Export Administration Regulations. Annual
March 25,1996 61 Fed. Reg. 12,714, 12, 721, 12,790-92 (1996). Iran, Syria,
Sudan
Anti-terrorism Dep'ts. of State and Commerce impose new export controls on explosive device detectors to Iran, Syria and Sudan. Annual
April 29, 1996 Prohibition on imports of certain iron pipe fittings. 19 U.S.C. § 1307; 61 Fed. Reg. 17,956 (1996). China Prison labor U.S. Customs Service prohibits importation of certain products made by the Tianjin Malleable Iron Factory because they were being manufactured with the use of convict, forced and/or indentured labor.
April 30, 1996 Wild shrimp imports to United States are barred unless the exporting country has established sea turtle conservation programs comparable with the U.S. program or the fishing environment of the other nation does not pose a threat to sea turtles. 61 Fed. Reg. 24,998 (1996); Section 609 of Pub. Law No. 101-162 (1989); see 16 U.S.C. § 1537. The State Dep't. was able to certify on Aug. 1, 1996, that Honduras met the law's requirements and the ban against it was lifted. 61 Fed. Reg. 43,395 (1996). Brazil and
24 other
countries
Environmental
protection
United States Department of State certifies 36 countries as either (1) having programs reducing the incidental capture of sea turtles in shrimp fisheries comparable with the United States or (2) having a fishing environment that does not pose a threat to the sea turtles. For countries not certified, wild shrimp imports were prohibited effective May 1, 1996. The ban included imports from Thailand, India, Malaysia, Pakistan and Honduras, among other countries. The U.S. claims that only exports from Brazil are impacted.
May 30, 1996 U.S. Ex-Im Bank turns down three requests for financing for projects related to China's Three Gorges Dam. Authority: 12 U.S.C. § 635i-5. China Environmental
protection
Ex-Im's board of directors declined, because of environmental concerns, to issue letters of interest to three U.S. exporters. The National Security Council had recommended in September 1995 against Ex-Im support because of the environmental issues.
June 12, 1996 Sanctions imposed on three entities in Iran and North Korea that have engaged in missile technology proliferation activities. 61 Fed. Reg. 29,785 (1996). Iranian and
North
Korean
entities
Non-
proliferation
One North Korean and two Iranian entities are identified. The following sanctions, among others, are imposed on these entities and their sub-units and successors: export licenses for controlled MTCR equipment or technology will be denied for two years and no U.S. government contracts relating to MTCR equipment or technology will be entered into for two years. For North Korea, because it is a non-market economy, the sanction extends to all activities of the North Korean government relating to the development or production of missile equipment or technology, electronics, space systems or military aircraft.
June 27, 1996 61 Fed. Reg. 33,3313 (1996). Afghanistan
Political
stability
U.S. announces policy to ban exports or imports of defense articles and services destined for or originating in Afghanistan.
July 1, 1996 Effective date of suspension of GSP preferential treatment on certain imports from Pakistan for its insufficient progress in affording workers internationally recognized worker rights. 61 Fed. Reg. 54,719 (1996); 61 Fed. Reg. 30,645 (1996). Pakistan Worker rights Suspension of Pakistan as a beneficiary developing country under GSP for imports of surgical instruments, leather gloves, certain sporting goods and carpets.
July 16, 1996 President Clinton announces that he would allow Title III of the Helms-Burton law to come into force on August 1, but that he was suspending (as provided for in the law) the right to file suit for six months. Cuba and
third
parties in
Canada,
Mexico,
European
Union, etc.,
who
engage in
prohibited
dealings
with Cuba
Democratiza-
tion; human
rights; anti-
narcotics
The President said that his Administration would use the time to build support in the international community on steps to promote democracy in Cuba.
August 1996 Suspension of new OPIC activities in Burundi because of a military coup against the duly elected head of state. (See discussion for Gambia, August 1994). Burundi Democratiza-
tion
OPIC discontinues offering its insurance, guarantees and financing programs to U.S. investors in Burundi.

Table 3
Some Major U.S. Laws Prior to 1993 That Could Be Used To Impose Economic Sanctions

RETURN TO Table of Contents

Date of
Passage
U.S. Law Target
Countries
Reasons Further Description of the Law Renewal
Date (if
Applicable)
Oct. 28, 1977,
and amended
since
The law is found at Pub. L. No. 95-223 (1977), codified (as amended) at 50 U.S.C. §§ 1701-6.

International Emergency Economic Powers Act (IEEPA)
It is designed to deal with "any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the [U.S.] national security, foreign policy, or economy." If the President determines that such a threat exists, he can declare a national emergency under the National Emergencies Act (NEA), Pub. L. No. 94-412 (1976), codified at 50 U.S.C. §§ 1601-1651.

IEEPA then authorizes the President to impose any or all of a wide range of economic sanctions, such as cutting off exports or imports or restricting private financial transactions.

Before exercising these authorities, the President is directed "in every possible instance" to consult Congress. If the President does use IEEPA, there must be an immediate report to Congress. The President can continue IEEPA sanctions until he decides to terminate the emergency, unless Congress acts to terminate it by joint resolution. There is a requirement that the President renew the emergency on an annual basis, but this is easily met with a notice in the Federal Register and notification to Congress.

Annual
renewals
required of
use of IEEPA
authorities
Oct. 16, 1917,
and amended
since
TWEA is found at 50 U.S.C. app. §§ 1-5.

Trading with the Enemy Act (TWEA)
The present version of TWEA dates from 1977 and limits new uses to "during the time of war." It includes all the authorities of IEEPA, plus a few others. Rather than requiring the President to declare a national emergency in order to continue then-existing TWEA sanctions, Congress included a grandfather provision. Consequently, economic sanctions today against Cuba and North Korea are imposed in part pursuant to TWEA.

Sept. 4, 1961
,and amended
since
Pub. L. No. 67-195 (1961), codified (as amended) at 22 U.S.C. § 2151 et seq.

Foreign Assistance Act of 1961
This act includes a host of provisions that prohibit assistance to specific countries or condition other assistance. The act deals not only with foreign and military assistance, but also with the programs of the Overseas Private Investment Corporation (OPIC), U.S. Ex-Im Bank (Ex-Im Bank) and the Trade Development Administration (TDA), and it includes provisions regarding U.S. votes in international financial institutions (IFIs).





Export Administration Act (lapsed)
Before this Act lapsed in August 1994, it provided the legislative basis for a comprehensive system of U.S. export controls for dual-use goods and technology.

In the absence of a new law, the export-control system continues in effect under the authority of Executive Order 12,924 (Aug. 19, 1994), with a policy of conforming actions under the Executive Order with those under the old act. IEEPA provides the legislative authority for the Executive Order.

Annual under
IEEPA
Oct. 22, 1968
,and amended
since
Pub. L. No. 90-629 (1968), codified (as amended) in scattered sections of 22 U.S.C.

The Arms Export Control Act (AECA) The AECA is the principal statute governing foreign military sales. It authorizes the President to "control the import and export of defense articles and defense services."
1954
,and amended
since
68 Stat. 921 (1954) and Pub. L. No. 95-242 (1978), codified (as amended) at 22 U.S.C. §§ 3201-82 and scattered sections of 42 U.S.C.

The Atomic Energy Act, as amended by the Nuclear Non Proliferation Act of 1978 and later statutes, deals with exports or nuclear materials, equipment, and technology.
Dec. 20, 1945 Pub. L. No. 79-264, codified at 22 U.S.C. § 287 et seq.

UN Participation Act of 1945 Section 287c of the UN Participation Act gives the President broad powers to impose the full range of economic sanctions. The President may "regulate, or prohibit, in whole or in part, economic relations or... communication" between any foreign country or national and anyone subject to U.S. jurisdiction. A critical precondition, however, is that these powers are triggered only when they are mandated by the UN Security Council.



RETURN TO Table of Contents

Return to Top  Return to Top

Home |  About Us |  Resources |  Press Releases |  Federal Activity & Legislation
State & Local Activity |  NFTC Lawsuit |  Contact Us |  Site Index