[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 346 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 346
To require that the United States Government hold certain discussions
and report to the Congress with respect to the secondary boycott of
Israel by Arab countries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Schumer introduced the following bill; which was referred jointly
to the Committees on Ways and Means and Foreign Affairs
_______________________________________________________________________
A BILL
To require that the United States Government hold certain discussions
and report to the Congress with respect to the secondary boycott of
Israel by Arab countries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Procompetitiveness and Antiboycott
Act of 1993''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the boycott of Israel by Arab countries has distorted
international trade and investment;
(2) the secondary boycott of Israel by Arab countries has
put at a competitive disadvantage those United States business
enterprises that refuse to comply with the Arab boycott of
Israel;
(3) the secondary boycott has stifled foreign investment in
Israel;
(4) business enterprises that comply with the boycott of
Israel by Arab countries contribute to the distortion of
international commerce and investment; and
(5) it is in the interest of all countries to have free
trade and a liberal climate for investment.
SEC. 3. OECD REPORT.
(a) Discussions at the OECD.--The United States Ambassador to the
Organization for Economic Cooperation and Development (OECD) shall
enter into discussions with representatives from other countries that
are members of OECD concerning--
(1) the extent to which business enterprises, both public
and private, comply with the boycott of Israel by Arab
countries;
(2) the effectiveness, with respect to the secondary
boycott, of antiboycott laws of those countries that currently
have or have had such laws;
(3) the extent to which the secondary boycott has skewed
global trade and investment, as well as regional trade and
investment in the Middle East;
(4) the extent to which business enterprises not complying
with the boycott of Israel by Arab countries are placed at a
competitive disadvantage as a result of the secondary boycott;
(5) the extent to which the secondary boycott contradicts
OECD trade and investment policy; and
(6) the development of a set of guidelines, comparable to
the prohibitions set forth in section 8(a) of the Export
Administration Act of 1979 on actions taken to comply with,
further, or support a boycott imposed by a foreign country,
that countries that are members of OECD can agree on as a way
to eliminate compliance with the boycott of Israel by Arab
countries.
(b) Report to Congress.--The United States Ambassador to the OECD
shall submit to the Congress, not later than 6 months after the date of
the enactment of this Act, a report on the progress of the discussions
described in subsection (a).
SEC. 4. GATT REPORT.
(a) In General.--The United States Trade Representative shall enter
into discussions with representatives from countries that are members
of the General Agreement on Tariffs and Trade (GATT) to determine the
extent to which--
(1) the secondary boycott has distorted trade;
(2) members of and observers to the GATT encourage actions,
including the furnishing of information or entering into
implementing agreements, which have the effect of furthering or
supporting the boycott of Israel by Arab countries;
(3) the GATT can and should work to eliminate the secondary
boycott; and
(4) provisions of the GATT, specifically Articles I and XI,
can be used to eliminate compliance with the boycott of Israel
by Arab countries and what additional measures, including
penalties, can be applied to countries imposing and complying
with the boycott of Israel by Arab countries.
(b) Report to Congress.--The United States Trade Representative
shall submit to the Congress, not later than 6 months after the date of
the enactment of this Act, a report on the discussions described in
subsection (a).
SEC. 5. PRESIDENTIAL REPORT.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit a report to the Congress on--
(1) what progress has been made in terminating the
secondary boycott, and
(2) what progress has been made in terminating the
compliance by countries other than Arab countries with the
boycott of Israel by Arab countries.
SEC. 6. BOYCOTT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Commerce, in consultation with the Secretary of State
and the Secretary of the Treasury, shall submit to the Congress a
report on those OECD member countries that encourage or fail to
discourage compliance with the boycott of Israel by Arab countries.
Such report shall include--
(1) a list of foreign countries which encourage or fail to
discourage compliance with the boycott of Israel by Arab
countries; and
(2) for each foreign country included in the list under
paragraph (1), a description of the policies, regulations,
practices, and laws of the government of that country which
encourage or fail to discourage compliance with the boycott of
Israel by Arab countries.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) the term ``secondary boycott'' means the boycott by the
governments of Arab countries of--
(A) business enterprises which--
(i) provide goods or services to Israeli
nationals or business enterprises organized
under the laws of Israel or owned or controlled
by Israeli nationals, or
(ii) invest in Israel or business
enterprises described in clause (i);
(B) ships that call at Israeli ports; or
(C) goods and services of people or entities which
support the State of Israel; and
(2) a business enterprise complies with the boycott of
Israel by Arab countries when, as a condition of doing business
directly or indirectly within a country or with the government
of, a national of, or a business enterprise organized under the
laws of, a country, that business enterprise--
(A) agrees to refrain from doing business with or
in Israel or with the government or nationals of Israel
or business enterprises organized under the laws of
Israel or owned or controlled by Israeli nationals; or
(B) agrees to furnish information about its past,
present, or future business relationships with Israel
or with the government or nationals of Israel or
business enterprises described in subparagraph (A).
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