STATEMENTS SUBMITTED FOR THE RECORD Statement of Hon. Harold R. Collier, a Representative in Congress from the State of Illinois, in support of H.R. 5817. F Statement of Hon. William L. Dickinson, a Representative in Congress F Statement of Hon. O. C. Fisher, a Representative in Congress from the 113 114 115 F Statement of Hon. J. Kenneth Robinson, a Representative in Congress from the State of Virginia. 116 A Statement of Hon. William F. Ryan, a Representative in Congress from the State of New York.. 117 F Statement of Hon. Bob Sikes, a Representative in Congress from the 118 Statement of Michael D. Jaffe, chairman, American-Southern Africa 119 ECONOMIC SANCTIONS AGAINST RHODESIA THURSDAY, JUNE 17, 1971 HOUSE OF REPRESENTATIVES, ORGANIZATIONS AND MOVEMENTS, The subcommittee met pursuant to call, at 2 p.m. in room H-227, the Capitol, Hon. Donald M. Fraser (chairman of the subcommittee). presiding. Mr. FRASER. The subcommittee will come to order. The purpose of today's hearing is to take testimony on current legislation and resolutions relating to economic and political sanctions against Rhodesia. We are honored to have joining our panel the distinguished chairman of the Subcommittee on Africa, the Honorable Charles C. Diggs, Jr. Congressman Diggs' subcommittee conducted hearings on the subject of U.S. policy toward Rhodesia during the first session of the 91st Congress in October and November of 1969. It is that policy and, more specifically, our Nation's participation in the United Nations program of sanctions against the regime of Jan Smith which have elicited the legislation and resolutions referred to this subcommittee. Before we hear from our witnesses, I think that it would be useful to describe briefly the nature of the legislation in question. The bills introduced in this Congress fall into five general categories. In the first category are the joint resolutions which would (1) direct the President to notify the U.N. that the United States will no longer honor U.N. sanctions against Rhodesia; and (2) rescind the Executive orders which set forth prohibitions against imports from and exports to Rhodesia-H.J. Res. 172. Secondly, there are concurrent resolutions which would express the sense of Congress that the United States should cease its role in the program of sanctions, resume normal trade relations with Rhodesia, and grant that government full diplomatic recognitionH. Con. Res. 5, 6, and 12. The third category of resolutions simply state that the President should take the necessary steps to bring about the revocation of U.N. sanctions against Rhodesia-H. Con. Res. 6 and 12. The fourth category of resolutions departs from the general intent of the others by affirming the House of Representatives' support of U.S. participation in the program of U.N. sanctions and affirms House support for the principle of majority rule in Rhodesia-House Resolution 45. In the final category is a group of bills which would amend the United Nations Participation Act of 1945 so as to prevent the prohibition of imports into the United States of any strategic material from any free world country so long as the importation of like materail from any Communist country is not prohibited by law-H.R. 5445. Companion legislation, S. 1404, has been introduced in the other body by Senator Harry Byrd. Without objection, the texts of these bills and resolutions together with the departmental reports will be entered into the record at this point. (The bills, resolutions and departmental reports referred to follow:) [H.J. Res. 172, 92d Cong., first sess. ] JOINT RESOLUTION To provide for the resumption of trade with Rhodesia Whereas the United Nations has acted illegally and in contravention of chapter 1 of its own charter, which prohibits interference in the domestic affairs of sovereign nations, in ordering economic sanctions against Rhodesia; and Whereas the United States is involved in a bloody and interminable war in Vietnam against an enemy that is being supplied by Great Britain, which has refused our requests that it cease doing business with the enemy that is killing American boys every day; and Whereas the United States has never sought economic sanctions from the United Nations against its enemy in Vietnam, and Rhodesia has refrained from engaging in trade with North Vietnam; and Whereas United States trade with Rhodesia is in the best interests of this Nation, particularly in view of the fact that such trade in the past has been two to one in our favor; and Whereas the Rhodesian Declaration of Independence is in the same honored tradition as our own such Declaration, and deserves the full support of every American who is proud of our great national heritage; and Whereas the continuation of the United Nations illegal sanctions can lead only to a bloody struggle in southern Africa from which our enemies alone can benefit; and Whereas the Congress of the United States is vested with sole authority to regulate foreign commerce under article I, section 8, paragraph 3 of the Constitution, while the only authority delegated by Congress to the executive branch to restrict trade concerns the control of trading with the enemy; and Whereas the executive branch of the United States Government has undertaken to honor the illegal United Nations sanctions without seeking the advice and consent of the Congress; and Whereas the United Nations sanctions against Rhodesia, in addition to being illegal under the Charter of the United Nations and in contravention of the United States Constitution, since they have not been approved by the United States Congress, are clearly against the best interests of the United States of America: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized and directed to notify the United Nations and all other interested parties that the United States will not honor the United Nations sanctions against Rhodesia. SEC. 2. The provisions of Executive Order Numbered 11322, of January 5, 1967, relating to prohibitions against imports of certain commodities from Rhodesia, are hereby rescinded. All orders, regulations, and other directives and all decisions promulgated or made under such Executive Order Numbered 11322 are hereby rescinded. SEC. 3. All Executive orders, Presidential proclamations, or other orders, regulations, or directives promulgated or made under the authority of the Export Control Act of 1949, which relate to the export of commodities to Rhodesia, are hereby rescinded. [H. Con. Res. 5, 92d Cong., first sess.] CONCURRENT RESOLUTION Whereas the constitutionally elected Government of Rhodesia, with the full support of the Council of Chiefs, declared Rhodesia's independence on November 11, 1965; and Whereas on November 11, 1969, the Government of Rhodesia observed its fourth anniversary of continuous, effective, and peaceful control over its legal territory and population; and Whereas Rhodesia has shown continuous economic growth and stability during almost five years while being subjected to unprecedented economic sanctions; and Whereas the Government of Rhodesia has clearly established itself as the de jure sovereign over the legal territory and population of Rhodesia; and Whereas Rhodesia is not hostile to the United States nor an enemy of the United States either under international law or under the laws of the United States, but rather has established a tradition of warm friendship between the people of Rhodesia and the people of the United States as evidenced by the fact that Rhodesia has fought beside the United States through two wars and the fact that there have been no wanton acts of violence against American lives or property; and Whereas United States citizens continue to be warmly welcomed in Rhodesia as would our Government representatives; and Whereas Rhodesia is one of the very few countries in Africa which pays her own way and receives no United States aid and that trade between our two countries before sanctions had been running two to one in our favor, all on a commercial basis with no subsidies, thereby assisting our balance of payments; and Whereas, according to the Constitution (article I, section 8, paragraph 3), only the Congress has power to regulate commerce with foreign nations and the Executive has no legal authority to block trade except under laws which control with the enemy; and Whereas the United States Government, without any authority from the Congress or the American people, has adopted and encouraged a stringent policy of economic sanctions and has broken all diplomatic and consular contacts with Rhodesia; and Whereas these sanctions have caused the United States to lose a major source of high grade metallurgical chromite ore which is militarily and industrially vital to the security of the United States; and Whereas the United States has become almost wholly dependent on the Soviet Union for its supply of this high grade metallurgical chromite ore; and Whereas the United States and firms doing business therein are forced to purchase high grade metallurgical chromite ore from the Soviet Union at prices ranging as high as 100 per centum greater than that at which high grade metallurgical chromite ore produced in Rhodesia can be purchased; and Whereas United States citizens have extensive commercial interests in Rhodesia which have been severely damaged by the arbitrary application of economic sanctions; and Whereas such United States citizens have even been prevented from performance of valid contracts and other legal and moral obligations, to their present and future great loss; and Whereas the economic sanctions have deprived Africans in Rhodesia and from neighboring countries of employment in occupations directly affected by the sanctions: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that the United States Government immediately cease its inhumane, imprudent, and economically and militarily disastrous policy of economic sanctions against Rhodesia; take necessary steps to restore normal trading relations; and accord full recognition and all diplomatic and consular rights attached thereto to the legal Government of Rhodesia. [H. Con. Res. 6, 92d Cong., first sess.] CONCURRENT RESOLUTION Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that the President, acting through the United States delegation to the United Nations, should take such steps as may be necessary to bring about the revocation of the United Nations economic sanctions against Southern Rhodesia. [H. Con. Res. 12, 92d Cong., first sess.] CONCURRENT RESOLUTION Whereas the overthrow of the Government of Rhodesia could result in chaos similar to that which occurred in the Congo; and Whereas the dispute between the Government of Great Britain and the Government of Rhodesia is essentially an internal matter in which neither the United Nations nor the Government of the United States should interfere; and Whereas article I, section 8, paragraph 3 of the Constitution of the United States vests in the Congress authority to regulate commerce with foreign nations: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that the President should take such steps as may be necessary to notify the United Nations and all interested parties that the United States will not honor the United Nations sanctions against Rhodesia and that the President should take such further steps as may be necessary to rescind all orders, regulations, or other directives heretofore issued in connection with the implementation of the United Nations sanctions against Rhodesia. [H. Res. 45, 92d Cong. first sess.] Whereas the President of the United States has said, "As a basic part of our national tradition we support self-determination and an orderly transition to majority rule in every quarter of the globe. These principles. . . guide our policy today toward Rhodesia"; and Whereas the Security Council of the United Nations on December 16, 1966, having voted without dissent to apply economic sanctions against the present minority regime in Rhodesia; and Whereas the United States supported this action in the Security Council and the President promulgated Executive Order No. 11322 to initiate United States participation in the United Nations sanctions; and Whereas the success of the sanctions program would greatly enhance the future effectiveness of the United Nations in the maintenance of international peace and security: Now, therefore, be it Resolved, That it is the sense of the House of Representatives (1) that it affirms its support for United States participation in the program of sanctions voted by the Security Council of the United Nations; and (2) that it affirms its support for the principle of majority rule by all the people of Rhodesia. [H.R. 5445, 92d Cong., first sess.] A BILL To amend the United Nations Participation Act of 1945 to prevent the imposition thereunder of any prohibition on the importation into the United States of any strategic and critical material from any free world country for so long as the importation of like material from any Communist country is not prohibited by law Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(a) of the United Nations Participation Act of 1945 (22 U.S.C. 287c (a)) is amended by adding at the end thereof the following new sentence: "On or after the effective date of this sentence, the President may not prohibit or regulate the importation into the United States (or continue any such prohibition or regulation which may be in effect on such date) pursuant to this section of any material determined to be |