SANCTIONS AGAINST IRAQ

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001400020007-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 27, 2016
• Document Release Date: September 9, 2013
• Sequence Number: 7
• Publication Date: September 29, 1988
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2013/09/09: CIA-RDP90M00005R001400020007-3
MEMORANDUM FOR:
FROM:
HARE_
29 September 1988
OCA 3258-88
ACIS/DI
Chief, Executive Staff, OSWR/DI
Chief, TTAC/OSWR/DI
Legislation Division
Office of Congressional Affairs
SUBJEC7: Sanctions Against Iraq
1. On 27 September 1988, the House passed the Sanctions
Against Iraqi Chemical Weapons Use Act, H.R. 5337. It
prohibits the United States Government from exporting to Iraq
any chemical the President determines may be used primarily in
the production of chemical weapons or from exporting goods or
technology on the control list, as well as imposing other
sanctions. The Senate passed a companion bill, the Prevention
of Genocide Act of 1988, S. 2763, on 9 September. Copies of
these measures are attached.
2. If you have any questions regarding the above, please
telephone me on
Attachments
as stated
OCA
29 Sep 88
DistribUtion:
Orig - aaaressee(s)
1 - D/OCA (w/o att.)
1 -DIrDOCA (w/o att.)
1 - Chrono (w/o att.)
,-_-_?----70CATRecards-(w/a
1 - OCA/Leg Subj. File (Arms Control
Export Adtninistrationirech Transfer) (w/att.)
OCARead
26262611EZZIVIOPZUMNIVI
Declassified in Part - Sanitized Copy Approved for Release 2013/09/09: CIA-RDP90M00005R001400020007-3
Declassified in Part - Sanitized Copy Approved for Release 2013/09/09: CIA-RDP90M00005R001400020007-3
100TH CONGRESS
2D SESSION
. 2763
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 1988
Referred jointy to the Committees on Banking, Finance and Urban Affairs,
Foreign Affairs, and Ways and Means
AN ACT
Entitled the "Prevention of Genocide Act of 1988".
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.?This Act may be cited as
4 the "Prevention of Genocide Act of 1988".
5 SEC. 2. FINDINGS.?The Congress finds-
6 (i) the Kurdish people constitute a distinct ethnic
7 group of some twenty million, with an ancient history
8 and a rich cultural heritage;
9 (ii) three to four million Kurds are citizens of
,
10 Iraq, residing in the northern part of that country;
11 (iii) the Iraqi Army has undertaken a campaign to
12 depopulate the Kurdish regions of Iraq by destroying,
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11777??
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September 341988 ' ? CONGRESSIONAL RECORD --;HOUSE ? 11-8341
the ID st order. 1 look hemmed to my toceibnesed he otherwise denoted -to chemical. warfare
asaticiation WM them hne mon and women Prisms-
end am Mel approcialive 9( the Job they do (5) This subsection takes effect on the
date of enactment of this Act..tor their Country aboard.
(b) Rsourannurr ma Aaarrimu. BARG-
Ur' OILMAN. Kr' Speaker. I have TIONA.?The President. after tionsultation
no further requests for time, And I with the congress, shall impose appropriate
yield back the Want* of My time. additional sanctions against Iraq unless the
Mr- FABCEJL. Mr. Speaker. I have President cerUfies In 'whine to the Speaker
no further requests for time, and I wt the Nouse of RePresentatives and the
yield back the balance of my time. chairman of the Committee an Foreign Re-
The SPEAKER pro tempore. The lations of the Senate?
question is On the motion offered by W that the Government of Iraq is not
the gentleman from Florida 111Jr. Fits- using chemical weapons in violation of
International law. including the 1925
CELL] that the House suspend the Mies Geneve protocol (relating to the use of
and agree to the concurrent resolution chemical weapons in war) and Common Ar-
ta Con. Res. 369). tick 3 of the 1949 Geneva Conventions (re-
The question was taken; and (two- tiling to the protection of victims of war);
thirds having voted In favor thereof) end
the roles were suspended and the eon- (2) that the Ciovernment of Iraq has pro-
Current resolution was agreed to. vided reliable assurances that it will not use
A motion to reconsider was laid On etheinica3 weaPc'ns in the illture violation
the table. of International law: and
(3) that?
(A) the Government of Imo is willing to
allow on-site Inspections by United Nations
observers or other Internationally-recog-
nized. impartial observers. or
(13) other reliable enemas edit to ensure
that the Government of Iraq As not using
chemical weapons.
(c) Anurroneac SANCTION& ?MIT1OOS the
additional sanctions to be considered by the
President in implementing subsection (b)
shell be the following sanctions, which are
hereby authorised to be imposed to the
extent such sanctions are not otherwise au-
thorized:
(1) Rarrarcrions oa tarroirm.?Prolaibiting
or otherwise restricting the Importation
into the United States of petroleum. petro-
856. a FINDING& leum products, or any other article. which is
The Congress fbads that? the growth, Product, or manufacture of
(1) the Kurdish people constitute a die- Iraq.
Unct ethnic group of some twenty million, (2) ADerrromu. aarraicrunes coi 10EIVRTS.?
with an ancient history and a rich cultural Prohibiting or otherwise restricting, using
heritage; the authorities of section 8 of the Export
(2) three to four million Kurds are citizens Administration Act of 1979, the export to
of Iraq. residing hi the northern part of Iraq of agricultural commodities and prod-
that country ucts and other goods and technology.
(3) the Iraqi Army has undertaken a milt- (3) DENIAL or caanres, setwarnms, aen
tary campaign against iewelisla region of arms ASSISTANCL?Denying United States
Iraq and has destroyed Kurdish villages in Government credits. guarantees of credits,
northern Iraq; and other assistance with respect to Iraq.
(4) substantial evidence exists that the (4) OPPOSITION TO IIITILTELATERAL rcoeminc
Iraqi Army has been using chemical weep- assiseatica?Oppose any loan or financial
one against Kurdish insurgents and un- or technical assistance to Iraq by Interne-
armed Kurdish civilise= lions) financial institutions tei accordance
(5) by these and other actions against the with section 701 of the International Finan-
Kurds. Iraq has violated their international- chi Institutions Act.
Ii' recognized human rights; (5) Dowriceaurric DTPLOILATIC RELATIONS.?
(6) tens of thousands of Kurdish survivors Downgrading or suspending diplomatic tele-
of the Iraqi Anny assaults have taken hens between the United States and Iraq.
refuge in 'furter (d) Cowraacr Sancrrre.?Por purposes of
(7) several United Nations teams have con- export controls imposed in accordance with
firmed that Iraq has used chemical weapons subsection (a)(3) of this section, theflate de-
in its war with Irate and scribed in section &met) of the Export Ad-
(8) Iraq's use of chemical weapons is a ministration Act of 1979 shall- be deemed to
gross violation of international law. be September 15. 1988. In Imposing any &d-
ime- 3. imposrrioa or SANCTIONS AGAIMT IRAQ. ditional sanction under subsection (c) of
(a) Unreal. Saricrxriwc _41) The united this section, the President may not prohibit
States Government may not sell to /me any or curtail the execution of any contract or
Item on the United States Munitiops use c. agreement entered into before the earlier of
(2) Licenses may not be issad for the the date on which notice of intent to impose
export eo.frao of any item on the united the additional sanction is printed in the
States Munitions List. .Federal Register or the date on which the
(3) The authorities of section (I of the President notifies the Congress of such an
Export Administration Act of 1979 shall be Intent.
usedto prohibit the export to Iraq of any (e) Rascals to Comics& ?The President
goods or technology on the control list es- shall report to the Congress periodically on
tablished pursuant to section 5(c)(1) of that the actions taken Pursuant to this section.
Act. C t coNornms FOR LIFTING itatecTemes.
(4) Licensees any not be issued for the ex- The President may waive any sanctions
ports to Iraq of any chemical that the Presi- imposed pursuant to section Vat or (b). in-
dent determines may be used primarily in eluding sanctions described in section 3(c), tf
the production of chemical weapons or may the President determines and so certifies in
SANCTIONS AGAINST IRAQI
CHEMICAL WEAPONS USE ACT
Mr. PASCELL.'Mr. Speaker, I more
to suspend the rules and pass the bill
5331) to provide for the imposi-
tion of sanctions on Iraq. as amended.
The Clerk read as follows:
R.R.5.131
Be it enacted by nee Senate and Row of
Representatives of Vie Visited States of
Appierteen in Compress' assembled,
ssenort I. SNORT IITLE.
This Act may be cited as the "Sanctions
Against Iraqi Chemical Weapons Use Act".
-writingto the Smith= Of Use House of Rep-
amentathas and the chairman of the Com-
mittee on 'bream Ilitelations of the Senate?
(1) that the Government of Iraq is not
using chemical weapons In violation .of
international law. Including the 1925
Geneva Protocol (relating to the use of
chemical weapons In war) and Common Ar-
ticle 3 of the 1949 Geneva Conventions (re-
lating to the protection of victims of war);
and
(2) that the Government of Iraq has pro-
vided reliable aseurances that it will not use
chemical weapons in the future in violation
of international Ian: and
(3) that?
(A) the Government of Iraq is willing to
allow cm-site Inspections by the United Na-
tions observers or her international/Y-11x
(yenned, impartial observers. or
(3) other reliable means exist, to ensure
that the Government of free is not using
chemical weapons.
856. 5. ACTIONS ST TEE GOVERNMENT OF TURKEY.
The Congress?
(1) urges the Government of Turkey to co-
operate with any United Nations or other
appropriate Investigation of Iraqi me of
chemical weapons; and
(2) commends the Government of Turkey
Sot Its humanitarian decision to host thou-
sands of Kurdish people fleeing Iraq.
856. 1. IffuLTILATEKAL ACTIONS.
(a) therm Nanotia.?Tbe Congress calks
upon the President?
(1) to bring immediately to the attention
of the Secretary General of the United Na-
tions, and to pursue before the Security
Council of the tinned Nations, the matter
of Iraq's use of pinion gas against its own
nationals. most of whom are defenseless ci-
vilise= and
(2) to demand that, In accordance with
United Nations Security Council Resolution
620, appropriate and effective measures be
taken against Iraq for its repeated use of
chemical weapons.
(b) Orem Sfutenarmat. Erroars.?(1)
The Congress calls upon the President to
met multination cooperation in imposing
sanctions and otherwise bringing pressure
on Inut In order to obtain a cessation of
Iraq's use of chemical weapons.
(2) The Congress also call upon the Presi-
dent to seek multilateral cooperation in
order to obtain Irate respect for the interna-
tionally recognized human rights of the
Kurdish minority in Iraq.
-(3) It is the sense of the Congress that the
United States should cooperate with and, as
appropriate, participate in multilateral ef-
forts to assist Kurdish refugees who are in
need of medical treatment and other hu-
manitarian aid.
ASC. T. CERTAIN Warm MAIMS REPORTS.
It is the policy of the United States to
prohibit the export to Iraq of goods and
technology that would significantly contrib-
ute to the military potential of Iraq. The
President should review, under section ft of
the Export Administration Act of 1979, any
proposed export to Iraq of goods or technol-
ogy valued at over $60,000,000.
SEC- & TERIEDIATION OF ACL
No provision of this Act, and no sanction
Imposed by or under the authority of this
Act. has force and effect after June 30, 1991.
The SPEAKER pro tempore. Is a
second demanded?
Air. OILMAN Mr. Speaker. . I
-demand a second.
The SPEAKER pro tempore. With-
out objection, a second will be consid-
ered as ordered.
- There was no ?Wootton.
Declassified in Part - Sanitized Copy Approved for Release 2013/09/09: CIA-RDP90M00005R001400020007-3