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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

Marian Nash
Marian Nash*
Affiliation:
Department of State
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Extract

By two circular notes, both dated December 22, 1993, the Secretary of State informed the Chiefs of Mission at Washington,,first, of recently enacted congressional legislation related to nonpayment of parking fines or penalties owed to the District of Columbia, and second, of a new policy with respect to payment of parking tickets, effective January 1, 1994, that the Department of State had initiated in response to congressional concerns about the problem and in cooperation with the District of Columbia.

Information

Type
Research Article
Information
American Journal of International Law , Volume 88 , Issue 2 , April 1994 , pp. 312 - 336
Copyright
Copyright © American Society of International Law 1994

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References

page 312 note 1 Note No. 93-536 (Dec. 22, 1993), Dept. of State File No. P94 0003-0386/0387.

page 313 note 2 Note No. 93-555 (Dec. 22, 1993), id., No. P94 0003-0388/0392.

page 315 note 1 Dept. of State File No. P94 0008-0386/0389. R. Richard Newcomb, Director of the Office of Foreign Assets Control, Department of the Treasury, also testified in support of the bill, H.R. 3221. His prepared statement may be found at id., No. P94 0008-0383/0385.

page 318 note 2 2H.R. Rep. No. 396, 103d Cong., 1st Sess. 4–5, 8–11, 13–15 (1993).

When transmitting the proposed legislation to Speaker of the House Thomas S. Foley on August 2, 1993, Wendy R. Sherman, Assistant Secretary of State for Legislative Affairs, noted:

The vesting of assets is not the approach generally favored for the resolution of claims against a foreign government. Normally, we strongly prefer to hold such assets until it is possible to negotiate a settlement with the government involved, which as a general matter is more conducive to the protection of foreign investment and the peaceful resolution of disputes. However, the U.N. Security Council has already decided that Iraq is responsible under international law both for claims arising from the war and for pre-existing obligations; it has directed Iraq to honor these obligations and Iraq has not done so. The war with Iraq and Iraq's continuing refusal to comply with the terms of the ceasefire and the decisions of the Security Council have removed any practical prospect of resolving these claims through negotiation with Iraq.

Id. at 25–26 (App. 1).

page 318 note 3 Id., App. 2.

page 319 note 4 Id. at 27–28.

Section 10 of H.R. 3221 expresses the sense of the Congress that individuals who served in the armed forces of Iraq during the Persian Gulf conflict should not be admitted to the United States as refugees under the Immigration and Nationality Act except in exceptional circumstances until all claims certified under section 2(b) (claims determined by the Secretary of State to be outside the jurisdiction of the UN Compensation Commission) are paid in full. In its report, the Committee on Foreign Affairs noted that approximately 533 former Iraqi soldiers had been admitted to the United States as refugees in fiscal year 1993, of whom 524 had provably never fought against U.S. forces; the other 9 were Kurds who had sought refuge in response to leaflets dropped by coalition forces during the ground offensive and who refused to return to Iraq for fear of execution. H.R. Rep. No. 396, supra note 2, at 15–16.

page 320 note 1 Pub. L. No. 100-418, §1103, 102 Stat. 1107, 1128.

page 322 note 2 58 Fed. Reg. 67,264–67 (1993). For the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Dec. 15, 1993, see 33 ILM 1 (1994). For the Agreement Establishing the Multilateral Trade Organization, see id. at 13; for Agreements on Trade in Goods, see id. at 28; for the General Agreement on Trade in Services, see id. at 44; for the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods, see id. at 81; for the Understanding on Rules and Procedures Governing the Settlement of Disputes, see id. at 112; for Ministerial Decisions and Declarations, see id. at 136.

page 323 note 1 S. Treaty Doc. No. 21, 103d Cong., 1st Sess. at HI (1993); 29 Weekly Comp. Pres. Doc. 2452 (1993).

page 336 note 2 S. Treaty Doc. No. 21, supra note 1, at VIII–XX. An article-by-article analysis of the Convention, including the annexes, accompanied Acting Secretary Tarnoffs report, id. at 1.

For the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, June 17, 1925, see 26 UST 571, 94 LNTS 65. For the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, Apr. 10, 1972, see 26 UST 583, 1015 UNTS 163.