RESTRICTIONS ON MILITARY ASSISTANCE AND SALES TO EL SALVADOR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86T00303R000400470016-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 20, 2016
• Document Release Date: March 20, 2008
• Sequence Number: 16
• Content Type: MISC

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antees to private United States banks willing to give credits to the
Salvadoran private sector.
RESTRICTIONS ON MILITARY ASSISTANCE AND SALES TO EL SALVADOR
Sec. 728.20 (a)(1) The Congress finds that peaceful and democratic
development in Central America is in the interest of the United
States and of the community of American States generally, that
the recent civil strife in El Salvador has caused great human suf-
fering and disruption to the economy of that country, and that sub-
stantial assistance to El Salvador is necessary to help alleviate that
suffering and to promote economic recovery within a peaceful and
democratic process. Moreover, the Congress recognizes that the ef-
forts of the Government of El Salvador to achieve these goals are
affected by the activities of forces beyond its control.
(2) Taking note of the substantial progress made by the Govern-
ment of El Salvador in land and banking reforms, the Congress de-
clares it should be the policy of the United States to encourage and
support the Government of El Salvador in the implementation of
these reforms.
(3) The United States also welcomes the continuing efforts of
President Duarte and his supporters in the Government of El
Salvador to establish greater control over the activities of members
of the armed forces and government security forces. The Congress
finds that it is in the interest of the United States to cooperate
with the Duarte government in putting an end to violence in El
Salvador by extremist elements among both the insurgents and the
security forces, and in establishing a unified command and control
of all government forces.
(4) The United States supports the holding of free, fair, and open
elections in El Salvador at the earliest date. The Congress notes
the progress being made by the Duarte government in this area, as
evidenced by the appointment of an electoral commission.
(b) In fiscal years 1982 and 1983, funds may be obligated for as-
sistance for El Salvador under chapter 2 or 5 of part II of the For-
eign Assistance Act of 1961, letters of offer may be issued and cred-
its and guarantees may be extended for El Salvador under the
Arms Export Control Act, and members of the Armed Forces may
be assigned or detailed to El Salvador to carry out functions under
the Foreign Assistance Act of 1961 or the Arms Export Control
Act, only if not later than thirty days after the date of enactment
of this Act and every one hundred and eighty days thereafter, the
President makes a certification in accordance with subsection (d).
(c) If the President does not make such a certification at any of
the specified times then the President shall immediately-
(1) suspend all expenditures of funds and other deliveries of
assistance for El Salvador which were obligated under chapters
2 and 5 of part II of the Foreign Assistance Act of 1961 after
the date of enactment of this Act;
(2) withhold all approvals for use of credits and guarantees
for El Salvador which were extended under the Arms Export
Control Act after the date of enactment of this Act;
(3) suspend all deliveries of defense articles, defense services.
and design and construction services to El Salvador which
enactment of this Act; and
(4) order the prompt withdrawal from El Salvador of all
members of the Armed Forces performing defense services,
conducting international military education and training activ-
ities, or performing management functions under section 515
of the Foreign Assistance Act of 1961.
Any suspension of assistance pursuant to paragraphs (1) through
(4) of this subsection shall remain in effect during fiscal year 1982
and during fiscal year 1983 until such time as the President makes
a certification in accordance with subsection (d).
(d) The certification required by subsection (b) is a certification
by the President to the Speaker of the House of Representatives
and to the chairman of the Committee on Foreign Relations of the
Senate of a determination that the Government of El Salvador-
(1) is making a concerted and significant effort to comply
with internationally recognized human rights;
(2) is achieving substantial control over all elements of its
own armed forces, so as to bring to an end the indiscriminate
torture and murder of Salvadoran citizens by these forces:
(3) is making continued progress in implementing essential
economic and political reforms, including the land reform pro-
gram;
(4) is committed to the holding of free elections at an early
date and to that end has demonstrated its good faith efforts to
begin discussions with all major political factions in El
Salvador which have declared their willingness to find and im-
plement an equitable political solution to the conflict, with
such solution to involve a commitment to-
(A) a renouncement of further military or paramilitary
activity; and
(B) the electoral process with internationally recognized
observers.
Each such certification shall discuss fully and completely the justi-
fication for making each of the determinations required by para-
graphs (1) through (4).
(021 On making the first certification under subsection (b) of this
section, the President shall also certify to the Speaker of the House
of Representatives and the chairman of the Committee on Foreign
Relations of the Senate that he has determined that the Govern-
ment of El Salvador has made good faith efforts both to investigate
the murders of the six United States citizens in El Salvador in De-
cember 1980 and January 1981 and to bring to justice those respon-
sible for those murders. The second certification required under
this section may be made or y if it includes a determination by the
President that the Government of El Salvador (1) has made good
faith efforts since the first such certification was made to investi-
gate the murders of those six United States citizens and to bring to
justice those responsible for those murders, and (2) has taken all
reasonable steps to investigate the disappearance of journalist John
Sullivan in El Salvador in January 1981.22
u"Bi subsec. of Aug. 10, 1982, the President delegated the functions conferred upon him
bsec. (e) to the Secretary of State (47 F.R. 38099, Aug. 30, 1982).
"This sentence was added by Public Law 97-233 (96 Stat. 260).
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