COSTA RICA SEC. 593. The Department of State shall select an independent factfinder to investigate the legal and financial issues related to the case involving the Government of Costa Rica and an American citizen concerning property and businesses in the vicinity of Limon Province, Costa Rica. The Department of State shall report, no later than March 1, 1989, the findings made by the factfinder to the parties involved and to the Committees on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. The costs of the factfinder shall be paid from unearmarked funds provided under the heading "Economic Support Fund". This Act may be cited as the "Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989". 1. International Security Assistance and Arms Export LIMITATIONS ON ECONOMIC ASSISTANCE, MILITARY ASSISTANCE, SEC. 406.7 (a)(1) No military assistance, no assistance under chapter 4 of part II, no assistance under chapter 6 of part II, and no military education and training may be furnished under the Foreign Assistance Act of 1961 for Chile; and no credits (including participations in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act 10 with respect to Chile. No deliveries of any such assistance, credits, or guaranties may be made to Chile on or after the date of enactment of this section. (2) No sales (including cash sales) may be made and no export license may be issued under the Arms Export Control Act 10 with respect to Chile on or after the date of enactment of this section. (6X1) Notwithstanding any other provision of law, the total amount of economic assistance which may be made available for Chile during the period beginning July 1, 1976, and ending September 30, 1977, may not exceed $27,500,000. For purposes of this subsection, economic assistance includes any assistance of any kind which is provided, directly or indirectly, to or for the benefit of Chile by any department, agency, or other instrumentality of the United States Government (other than assistance provided under chapter 2, 4, or 5 of part II of the Foreign Assistance Act of 1961 "1 or credits or guaranties extended under the Arms Export Control Act), 12 but does not include commodities furnished under title II of the Agricultural Trade Development and Assistance Act of 1954.15 This subsection shall not be construed to authorize the furnishing of any assistance which is prohibited under any other provision of law. 13 (2) The $27,500,000 limit set forth in paragraph (1) of this subsection may be increased by not to exceed $27,500,000 if the President certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Chile (A) does not engage in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges or trial, or other flagrant denials of the right to life, liberty, or the security of person; '22 U.S.C. 2370 note. The references to chapters 4 and 6 were substituted in lieu of a reference to security supporting assistance by sections 10(b)(5) and 12(cX5) of the International Security Assistance Act of 1978 (92 Stat. 735, 737). (B) has permitted the unimpeded investigation, by internationally recognized commissions on human rights (including the United Nations Commission on Human Rights and the Inter-American Commission on Human Rights of the Organization of American States) of alleged violations of internationally recognized human rights (as described in subparagraph (A) of this paragraph); and (C) has taken steps to inform the families of prisoners of the condition of and charges against such prisoners. 2. International Security and Development Cooperation Act of 1981 (Public Law 97-113, December 29, 1981) Sec. 726 REPEAL OF LIMITATIONS ON ASSISTANCE, SALES, AND SALES CREDITS FOR CHILE Sec. 726. (a) Section 406 of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2370 note) is repealed. (b) 20 Notwithstanding any other provision of law (1) no assistance may be furnished under chapter 2, 4, 5, or 6 of part II of the Foreign Assistance Act of 1961 to Chile; (2) no sale of defense articles or services may be made under the Arms Export Control Act to Chile: (3) no credits (including participation in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act with respect to Chile; and (4) no export licenses may be issued under section 38 of the Arms Export Control Act to or for the Government of Chile; unless and until the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report certifying (A) that the Government of Chile has made significant progress in complying with internationally recognized principles of human rights; (B) that the provision of such assistance, articles or services is in the national interest of the United States; and (C) that the Government of Chile is not aiding or abetting international terrorism and has taken appropriate steps to cooperate to bring to justice by all legal means available in the United States or Chile those indicted by a United States grand jury in connection with the murders of Orlando Letelier and Ronni Moffitt. 20 22 U.S.C. 2370 note. (c) 21 The prohibition contained in subsection (b) does not prohibit the sale, or the licensing for export, of cartridge actuated devices, propellant actuated devices, and technical manuals for aircraft of the F-5E/F or A/T-37 type which were sold to the Chilean Air Force by the United States before January 1, 1976, so long as the items are provided only for purposes of enhancing the safety of the aircraft crew. 3. Foreign Assistance and Related Programs Appropriations Act, 1987, Sec. 101 (f) of The Continuing Appropriations Act, 1987 (Public Law 99-591, October 30, 1986) Sec. 557 SEC. 557. (a) It is the sense of Congress that pursuant to Section 701 of the International Institutions Act of 1977, the United States Government should oppose all loans to Chile from multilateral development institutions, except for those for basic human needs, until (1) the Government of Chile has ended its practice and pattern of gross abuse of internationally recognized human rights; (2) significant steps have been taken by the Government of Chile to restore democracy, including— (A) the implementation of political reforms which are essential to the development of democracy, such as the legalization of political parties, the enactment of election laws, the establishment of freedom of speech and the press, and the fair and prompt administration of justice; and (B) a precise and reasonable timetable has been established for the transition to democracy. (b) None of the funds made available by this Act for the "Economic support fund" or for Title III shall be obligated or expended for Chile. 4. Foreign Assistance Act of 1973 (P.L. 93-189, Dec. 17, 1973), as amended, Sec. 35 RIGHTS IN CHILE Sec. 35. It is the sense of the Congress that (1) the President should request the Government of Chile to protect the human rights of all individuals, Chilean and foreign, as provided in the Universal Declaration of Human Rights, the Convention and Protocol Relating the Status of Refugees, and other relevant international legal instruments guaranteeing the granting of asylum, safe conduct, and the humane treatment or release of prisoners; (2) the President should support international humanitarian initiatives by the United Nations High Commissioner for Refugees and the Inter 22 U.S.C. 2151 note. 21 Subsec. (c) was added by sec. 715 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 247). national Committee of the Red Cross to insure the protection and safe conduct and resettlement of political refugees, the humane treatment of political prisoners, and the full inspection of detention facilities under international auspices; (3) the President should support and facilitate efforts by voluntary agencies to meet emergency relief needs; and (4) the President should request of the InterAmerican Commission on Human Rights to undertake an immediate inquiry into recent events occurring in Chile. 5. Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Sec. 101 (e) of the Continuing Appropriations for 1988 (P.L. 100-202, Dec. 22, 1987) UNITED STATES POLICY TOWARD CHILE SEC. 577. (a) The Congress finds that (1) genuine democracy and internal stability best guarantee the long-term security and economic well-being of Chile; (2) the 14-year period of military rule under General Augusto Pinochet has been a deviation from the traditional, apolitical role of the Chilean Armed Forces which had proudly carried out its security responsibilities as an arm of democratic governments for approximately 150 years, thus fundamentally assisting Chile to be a Latin American model of democracy; (3) continued rule by a military leader after 1989 will be likely to bolster the position of the Communists, enhance the appeal of the Communist opposition's more radical and violent approach to political activity, and further the growing political polarization in Chile; (4) the United States Government has actively supported a democratic transition in Chile, condemned violence from all sides, urged dialog between the government and democratic opposition leaders leading to a broad consensus on a transition to full democracy, and has also promoted increased respect for human rights in Chile; (5) the United States has voiced legitimate concern regarding the failure of the Chilean Government to cooperate with the prosecution of those indicted for the 1976 assassination of former Chilean diplomat Orlando Letelier and American citizen Ronni Moffitt, and to bring to justice those members of government security forces reported to have beaten and set on fire Carmen Gloria Quintana and Rodrigo Rojas de Negri; (6) on August 1, 1978, a United States Federal grand jury indicted three members of the Chilean intelligence service, General Manuel Contreras, Captain Armando Fernandez Larios, and Colonel Pedro Espinoza, for conspiracy in the September 21, 1976, murders of Orlando Letelier and Ronni Karpen Moffitt; Armando Fernandez Larios affirmed the grand jury indictment in his February 4, 1987, testimony before the United States District Court in Washington, District of Columbia; |