Pan Am Flight 103 Witness to Justice Act (Introduced in the House)

HR 899 IH

106th CONGRESS
1st Session
H. R. 899

To provide for the liquidation of Libyan assets to pay for the costs of travel to and from the Hague of families of the victims of the crash of Pan Am flight 103 for the purpose of attending the trial of the terrorist suspects in the crash.

IN THE HOUSE OF REPRESENTATIVES
March 2, 1999

Mr. ANDREWS (for himself and Mr. LOBIONDO) introduced the following bill; which was referred to the Committee on International Relations

A BILL

To provide for the liquidation of Libyan assets to pay for the costs of travel to and from the Hague of families of the victims of the crash of Pan Am flight 103 for the purpose of attending the trial of the terrorist suspects in the crash.

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 `Pan Am Flight 103 Witness to Justice Act'.

SEC. 2. VESTING AND LIQUIDATION OF LIBYAN ASSETS FOR COSTS OF TRAVEL TO THE HAGUE.

The President shall vest and liquidate so much of blocked Libyan assets as is necessary to pay for the reasonable costs of travel to and from the Hague, Netherlands, by immediate family members of United States citizens who were victims of the crash of Pan American flight 103 in 1988, for the purpose of attending the trial of those individuals who are suspected of terrorist acts causing the crash.

SEC. 3. DEFINITIONS.

As used in this Act:

(1) BLOCKED LIBYAN ASSETS- The term `blocked Libyan assets' means property and interests in property of the Government of Libya, its agencies, instrumentalities, and controlled entities and the Bank of Libya that are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(2) IMMEDIATE FAMILY MEMBER- The term `immediate family member' of an individual means his or her parents, siblings, children, spouse, or a person who stood in loco parentis or to whom he or she stood in loco parentis.

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SEC. XX. SENSE OF CONGRESS REGARDING THE TRIAL IN THE NETHERLANDS OF THE SUSPECTS INDICTED IN THE BOMBING OF PAN AM FLIGHT 103.

(a) Findings: Congress makes the following findings:

(1) On December 21, 1988, 270 people, including 189 United States citizens, were killed in a terrorist bombing on Pan Am Flight 103 over Lockerbie, Scotland.

(2) Britain and the United States indicted 2 Libyan intelligence agents--Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah--in 1991 and sought their extradition from Libya to the United States or the United Kingdom to stand trial for this heinous terrorist act.

(3) The United Nations Security Council called for the extradition of the suspects in Security Council Resolution 731 and imposed sanctions on Libya in Security Council Resolutions 748 and 883 because Libyan leader, Colonel Muammar Qadaffi, refused to transfer the suspects to either the United States or the United Kingdom to stand trial.

(4) The sanctions in Security Council Resolutions 748 and 883 include a worldwide ban on Libya's national airline, a ban on flights into and out of Libya by other nations' airlines, a prohibition on supplying arms, airplane parts, and certain oil equipment to Libya, and a freeze on Libyan government funds in other countries.

(5) Colonel Qaddafi has continually refused to extradite the suspects to either the United States or the United Kingdom and has insisted that he will only transfer the suspects to a third and neutral country to stand trial.

(6) On August 24, 1998, the United States and the United Kingdom proposed that Colonel Qadaffi transfer the suspects to the Netherlands, where they would stand trial before a Scottish court, under Scottish law, and with a panel of Scottish judges.

(7) The United States-United Kingdom proposal is consistent with those previously endorsed by the Organization of African Unity, the League of Arab States, the Non-Aligned Movement, and the Islamic Conference.

(8) The United Nations Security Council endorsed the United States-United Kingdom proposal on August 27, 1998, in United Nations Security Council Resolution 1192.

(9) The United States Government has stated that this proposal is nonnegotiable and has called on Colonel Qadaffi to respond promptly, positively, and unequivocally to this proposal by ensuring the timely appearance of the two accused individuals in the Netherlands for trial before the Scottish court.

(10) The United States Government has called on Libya to ensure the production of evidence, including the presence of witnesses before the court, and to comply fully with all the requirements of the United Nations Security Council resolutions.

(11) Secretary of State Albright has said that the United States will urge a multilateral oil embargo against Libya in the United Nations Security Council if Colonel Muammar Qadaffi does not transfer the suspects to the Netherlands to stand trial.

(12) The United Nations Security Council will convene on October 30, 1998, to review sanctions imposed on Libya.

Sense of Congress: It is the sense of Congress that--

(1) Colonel Qadaffi should promptly transfer the indicted suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the Netherlands to stand trial before the Scottish court;

(2) the United States Government should remain firm in its commitment not to negotiate with Colonel Qadaffi on any of the details of the proposal approved by the United Nations in United Nations Security Council Resolution 1192; and

(3) if Colonel Qadaffi does not transfer the indicted suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the Netherlands by October 29, 1998, the United States Permanent Representative to the United Nations should--

(A) introduce a resolution in the United Nations Security Council to impose a multilateral oil embargo against Libya;

(B) actively promote adoption of the resolution by the United Nations Security Council; and

(C) assure that a vote will occur in the United Nations Security Council on such a resolution.

FOREIGN OPERATIONS, EXPORT FINANCING AND RELATED AGENCIES APPROPRIATIONS ACT, 1999 (Senate - September 01, 1998)

Mr. LAUTENBERG. Mr. President, today, Senator Kennedy and I join together, as we have in the past, in a ceaseless effort to provide some degree of justice for the families of the victims of the terrorist attack on Pan Am 103. This flight was brought down over Lockerbie, Scotland on December 21, 1988. 259 people on the plane and 11 others on the ground were killed. Most of the victims were Americans, making it the most fatal terrorist atrocity in American history.

Two Libyan security agents have been charged with this heinous crime. They must be held accountable before a United States or United Kingdom court. The United Nations Security Council has imposed sanctions in an effort to make this happen, but for years this has brought no results.

Recently, Secretary of State Albright proposed that the two suspects in the bombing of Pan Am 103 be tried in a Scottish court, under Scottish law, with a panel of Scottish judges, but physically located in the Netherlands. Libyan authorities have publicly accepted this proposal while calling for negotiations.

I remain skeptical of Libya's willingness to cooperate with the international community in bringing terrorists to justice. But I also remain hopeful that the families of the victims will soon be able to end their painful wait for justice. I therefore believe we should give this potential solution an opportunity to work, while remaining determined to see the indicted terrorists brought to trial.

The amendment we are introducing today therefore sets a reasonable time limit for action. It also calls for the imposition of additional multilateral sanctions measures, even including an embargo on oil exports, if Libya fails to turn over the bombing suspects for trial.

The families of the victims of the Pan Am 103 bombing understand that nothing will bring back their loved ones. Nothing we do here can change that. But by adopting this resolution today we send the clear message that we are determined to see justice served and we will continue to increase international pressure on Libya until that happens.

Mr. KENNEDY. Mr. President, I sent this amendment to the desk on behalf of myself and Senators Lautenberg, D'Amato, and Torricelli.

Mr. President, ten years ago, in December 1988, 270 people, including 189 Americans were killed in the terrorist bombing of Pan Am Flight 103 over Lockerbie, Scotland. As a result of the intense and skillful investigation that followed, Britain and the United States indicted 2 Libyan intelligence agents.

The leader of Libya, Colonel Muammar Qadafi, refused to extradite the suspects to either the United States or the United Kingdom to stand trial. As a result, the international community, acting through the United Nations Security Council, imposed economic sanctions on Libya. The sanctions include a worldwide ban on Libya's national airline and a ban on flights into and out of Libya by the airlines of other nations. They also include a prohibition on supplying arms, airplane parts, and certain oil equipment to Libya, and a freeze on Libyan Government funds in other countries.

Despite these sanctions, Colonel Qadafi has refused to turn over the suspects to either the United States or the United Kingdom. He has said, however, that he will transfer them to a third country to stand trial.

A week ago, in a major development in this case, the United States and the United Kingdom proposed that Colonel Qadafi transfer the suspects to the Netherlands to stand trial before a Scottish court, under Scottish law, and with a panel of Scottish judges. Last Thursday, the United Nations Security Council endorsed this proposal and called on Colonel Qadafi to transfer the suspects promptly.

The Administration has told Colonel Qadafi that this is a take-it-or-leave-it proposal and that it is non-negotiable. Secretary of State Albright has said that the United States will urge a worldwide oil embargo against Libya in the United Nations Security Council if Colonel Qadafi rejects this offer and refuses to transfer the suspects to the Netherlands to stand trial. The Security Council is scheduled to conduct the next periodic review of Libyan sanctions on October 30. All of us hope that Colonel Qadafi will accept this plan before that date.

To send a clear message to Colonel Qadafi, this resolution calls on him to transfer the indicted suspects to the Netherlands promptly, so that they can stand trial before the Scottish court in the Netherlands. The resolution supports the commitment by the United States Government not to negotiate with Colonel Qadafi on the details of the proposal. If Colonel Qadafi fails to transfer the suspects to the Netherlands before the end of October, the resolution calls on the United States Permanent Representative to the United Nations to introduce a resolution in the Security Council to impose a worldwide embargo against Libya and actively seeks its enactment.

The families of the victims of Pan Am 103 have waited too long for justice. The Administration's plan is a reasonable opportunity to end the long impasse over these suspects, and achieve a significant victory in the ongoing battle against international terrorism.

AMENDMENT NO. 3516

Mr. TORRICELLI. Mr. President, I rise today in support of the amendment offered by Senator Kennedy regarding the tragedy of Pan Am Flight 103. This year marks the tenth anniversary of the bombing over Lockerbie, Scotland which killed 270 people. The memory of the 189 American citizens on board that doomed flight has not faded with the passage of time, but those who want to see justice done have become increasingly frustrated with the amount of time it has taken to try and bring the perpetrators to justice.

Expressing the sense of the House denouncing and rejecting a resolution adopted by Foreign Ministers of the Arab League urging the easing of United Nations sanctions against Libya which... (Introduced in the House)

HRES 246 IH

105th CONGRESS
1st Session

H. RES. 246

Expressing the sense of the House denouncing and rejecting a resolution adopted by Foreign Ministers of the Arab League urging the easing of United Nations sanctions against Libya which were imposed because of Libya's refusal to surrender individuals on its territory who are wanted in connection with the 1988 terrorist bombing of Pan Am flight 103.

IN THE HOUSE OF REPRESENTATIVES

September 26, 1997

Mr. LANTOS (for himself, Mr. GILMAN, Mr. SMITH of New Jersey, Mr. ACKERMAN, Mr. BERMAN, Mr. CARDIN, Mr. DEUTSCH, Mr. FRANK of Massachusetts, Mr. FROST, Mr. GEJDENSON, Mr. LEVIN, Mr. ROTHMAN, Mr. SCHUMER, Mr. SHERMAN, and Mr. WEXLER) submitted the following resolution; which was referred to the Committee on International Relations

RESOLUTION

Expressing the sense of the House denouncing and rejecting a resolution adopted by Foreign Ministers of the Arab League urging the easing of United Nations sanctions against Libya which were imposed because of Libya's refusal to surrender individuals on its territory who are wanted in connection with the 1988 terrorist bombing of Pan Am flight 103.

Whereas the United Nations Security Council adopted Resolution 748 on March 31, 1992, imposing an embargo on the sale of arms and on international flights against the state of Libya and in Security Council Resolution 883 on November 11, 1993, further tightened economic sanctions against Libya for its refusal to surrender individuals suspected in connection with the terrorist bombing in 1988 of Pan Am flight 103 over Lockerbie, Scotland, in which 270 individuals were killed and the terrorist bombing in 1989 of the French ATA flight 772 over Niger, in which 160 individuals were killed;

Whereas the Security Council had repeatedly voted to maintain these international sanctions against Libya in view of the persistent refusal of the Government of Libya to hand over for trial the two individuals currently in Libya who are accused of involvement in the terrorist bombing of Pan Am flight 103 and ATA flight 772;

Whereas the United Nations sanctions provide for legitimate humanitarian flights to and from Libya for medical and other reasons, and flights of a religious nature to permit Libyan residents to participate in the Hadj have been approved routinely under the United Nations sanctions;

Whereas Libya has repeatedly violated the United Nations sanctions, most egregiously when an aircraft carrying Libyan leader, Colonel Muammar el-Kaddafi, landed in Cairo, Egypt, in July 1996 in order for the Libyan leader to participate in an Arab summit meeting; and

Whereas the Foreign Ministers of the Arab League meeting in Cairo on September 21, 1997, adopted a resolution in which the Ministers invited `Arab countries to undertake measures to ease the severity of the embargo imposed on Libya until a final, peaceful, and just solution to the crisis is reached', `to lift measures freezing Libyan accounts involving money, the source of which is other than the selling or exporting of oil', `to support Libya's right to obtain suitable compensation for human and material damages and losses it sustains as a result of pertinent United Nations Security Council resolutions', and to exempt from sanctions Libyan `flights related to participation of the Libyan political leadership and official delegations in regional and international meetings': Now therefore, be it

Resolved, That the House of Representatives--

(1) denounces and rejects in the strongest terms the resolution adopted on September 21, 1997, by the Foreign Ministers of the Arab League in their conference in Cairo which invites Arab states to take action to ease United Nations sanctions against Libya;

(2) reaffirms the commitment of the United States to support United Nations sanctions against Libya until the two individuals suspected in connection with the terrorist bombing of Pam Am flight 103 and UTA flight 772 are turned over to appropriate judicial authorities in the United States or the United Kingdom and France as required by United Nations Security Council resolutions;

(3) calls upon the President to suspend all United States assistance to all countries which violate United Nations Security Council sanctions against Libya; and

(4) requests that the Secretary of State transmit a copy of this resolution to the government of each country which is a member of the Arab League and express to each government the profound concern of the United States about efforts to undermine the international fight against terrorism by weakening or violating sanctions imposed by the United Nations Security Council.

H.R. 899. A bill to provide for the liquidation of Libyan assets to pay for the costs of travel to and from the Hague of families of the victims of the crash of Pan Am flight 103 for the purpose of attending the trial of the terrorist suspects in the crash; to the Committee on International Relations.