mandate by full deployment to Lebanon's internationally recognized borders in southern Lebanon.

We also recognize that member states can contribute to the fulfillment of UNIFIL's mandate in several ways. One can assist UNIFIL in fulfilling its mandate by encouraging the removal of obstacles in the path of complete UNIFIL deployment. One can also assist UNIFIL by helping to create conditions in Lebanon generally which encourage moderation, the relaxation of paralyzing tensions and the extension of Lebanese authority throughout the country. To resolve the crisis of Lebanon, we all need to move together in parallel steps that reinforce one another and that encourage growing confidence.

Ibid., pp. 11–12; Press Release USUN-81 (78), Sept. 18, 1978.

South Africa

86

Military Sanctions

Arms Embargo

A note from the United Nations Secretariat to the United States Mission to the United Nations, dated August 31, 1978, transmitted a press report from the Chairman of the Arms Embargo Committee, which implied that the sale to South Africa of six civilian light aircraft by a United States supplier violated Security Council Resolution 418 (1977).

The United States rejected the implication, in a note from the Mission to the Secretariat, dated September 12, 1978, the substantive portion of which read:

The United States rejects the implications in the 15 December 1977 article from the Johannesburg Star that the sale of six civilian light aircraft to South Africa is somehow a violation of the terms of Security Council Resolution 418 (1977). This sale was carefully reviewed by the Department of State to determine whether, and under what conditions, we would continue to recommend to the Department of Commerce approval of applications for the export of such aircraft to South Africa.

In reaching a decision on this issue, the Department of State considered on the one hand our commitment to prohibit the export of all military goods to South Africa and any items whatsoever to the South African military and police and the interests of the United States manufacturers of light aircraft. We decided, for the time being, to continue light aircraft exports provided the end-user is acceptable but to adopt more rigorous conditions which allow us to verify in advance that the intending purchaser is not a member of the air commandos. We have adopted additional conditions for export which enable us to monitor subsequent sales and determine that the aircraft have not been sold to the police, military or members of a paramilitary unit, such as the air commandos.

The Committee may note that published sources, such as the International Institute for Strategic Studies, list 22 Cessna aircraft in the South African Air Force. These are old aircraft purchased before the voluntary arms embargo instituted by the United States in 1963. In fact, the South African Air Force sought to replace them in 1977 with new United States aircraft, but the export license was denied.

There can be no question of the commitment of the United States to ensure the complete and total compliance of the United States with the terms of the United Nations mandatory arms embargo against South Africa. The State Department has made sure that other nations which formerly exported arms to South Africa are fully aware of our position. At the same time, we feel we should continue to allow normal commercial trade, as in the case of light aircraft, whenever such sales are not to or for the use of South Africa's military and police forces. We feel that if we were to go any further than our existing regulations we would either create a set of unenforceable regulations, or we would end much of our normal commercial trade with South Africa.

U.N. Doc. A/AC.20/3, Sept. 20, 1978.

The Arms Embargo Committee is the Security Council Committee Established by Res. 421 (1977) Concerning the Question of South Africa. For Res. 421, adopted at the 2052d meeting of the Security Council, Dec. 9, 1977, see Resolutions and Decisions of the Security Council, U.N.S.C. Off. Rec., 32d year (1977) (S/ INF/33), p. 6.

See further, the 1977 Digest, pp. 934-936.

Turkey

The limited arms embargo against Turkey (suspension of all military assistance and a ceiling on the annual amount of foreign military sales, required by section 620 (x) of the Foreign Assistance Act of 1961, as added by section 22 of the Foreign Assistance Act of 1974 (Public Law 93-559; 88 Stat. 1801; 22 U.S.C. 2370(x)), as amended and modified by Public Law 94-104, section 2(c), October 6, 1975, 89 Stat. 509, and as further amended and modified by Public Law 94-329, section 403, June 30, 1976, 90 Stat. 757, was repealed de facto by Presidential action taken pursuant to section 13, "United States Policy Regarding the Eastern Mediterranean," of the International Security Assistance Act of 1978 (Public Law 95-384, September 26, 1978; 92 Stat. 730. 737; 22 U.S.C. 2370 (x), 2372), which provides:

UNITED STATES POLICY REGARDING THE EASTERN MEDITERRANEAN

Sec. 13. (a) Section 620 (x) of the Foreign Assistance Act of 1961 shall be of no further force and effect upon the President's determination and certification to the Congress that the resumption of full military cooperation with Turkey is in the national interest of the

United States and in the interest of the North Atlantic Treaty Organization and that the Government of Turkey is acting in good faith to achieve a just and peaceful settlement of the Cyprus problem, the early peaceable return of refugees to their homes and properties, and continued removal of Turkish military troops from Cyprus in the context of a solution to the Cyprus problem, and the early serious resumption of inter-communal talks aimed at a just, negotiated settlement.

(b) The Foreign Assistance Act of 1961 is amended by inserting immediately after section 620B the following new section:

"Sec. 620C. United States Policy Regarding the Eastern Mediterranean. (a) The Congress declares that the achievement of a just and lasting Cyprus settlement is and will remain a central objective of United States foreign policy. The Congress further declares that any action of the United States with respect to section 620 (x) of this Act shall not signify a lessening of the United States commitment to a just solution to the conflict on Cyprus but is authorized in the expectation that this action will be conducive to achievement of a Cyprus solution and a general improvement in relations among Greece, Turkey, and Cyprus and between those countries and the United States. The Congress finds that—

"(1) a just settlement on Cyprus must involve the establishment of a free and independent government on Cyprus and must guarantee that the human rights of all of the people of Cyprus are fully protected:

"(2) a just settlement on Cyprus must include the withdrawal of Turkish military forces from Cyprus;

"(3) the guidelines for inter-communal talks agreed to in Nicosia in February 1977 and the United Nations resolutions regarding Cyprus provide a sound basis for negotiation of a just settlement on Cyprus;

"(4) serious negotiations, under United Nations auspices, will be necessary to achieve agreement on, and implementation of, constitutional and territorial terms within such guidelines; and

"(5) the recent proposals by both Cypriot communities regarding the return of the refugees to the city of New Famagusta (Varosha) constitute a positive step and the United States should actively support the efforts of the Secretary-General of the United Nations with respect to this issue.

"(b) United States policy regarding Cyprus, Greece, and Turkey shall be directed toward the restoration of a stable and peaceful atmosphere in the Eastern Mediterranean region and shall therefore be governed by the following principles:

"(1) The United States shall actively support the resolution of differences through negotiations and internationally established peaceful procedures, shall encourage all parties to avoid provocative actions, and shall strongly oppose any attempt to resolve disputes through force or threat of force.

"(2) The United States will accord full support and high priority to efforts, particularly those of the United Nations, to bring about a prompt, peaceful settlement on Cyprus.

"(3) All defense articles furnished by the United States to countries in the Eastern Mediterranean region will be used only in accordance with the requirements of this Act, the Arms Export Control Act, and the agreements under which those defense articles were furnished.

"(4) The United States will furnish security assistance for Greece and Turkey only when furnishing that assistance is intended solely for defensive purposes, including when necessary to enable the recipient country to fulfill its responsibilities as a member of the North Atlantic Treaty Organization, and shall be designed to ensure that the present balance of military strength among countries of the region, including between Greece and Turkey, is preserved. Nothing in this paragraph shall be construed to prohibit the transfer of defense articles to Greece or Turkey for legitimate self defense or to enable Greece or Turkey to fulfill their North Atlantic Treaty Organization obligations.

"(5) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached.

"(6) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus in the context of a solution to the Cyprus problem.

"(c) Because progress toward a Cyprus settlement is a high priority of United States policy in the Eastern Mediterranean, the President and the Congress shall continually review that progress and shall determine United States policy in the region accordingly. To facilitate such a review the President shall, within 60 days after the date of enactment of this section and at the end of each succeeding 60-day period, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on progress made toward the conclusion of a negotiated solution of the Cyprus problem. Such transmissions shall include any relevant reports prepared by the Secretary-General of the United Nations for the Security Council.

"(d) In order to ensure that United States assistance is furnished consistent with the policies established in this section, the President shall, whenever requesting any funds for security assistance under this Act or the Arms Export Control Act for Greece and Turkey, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate his certification, with a full explanation thereof, that the furnishing of such assistance will be consistent with the principles set forth in subsection (b). The President shall also submit such a certification with any notification to the Congress, pursuant to section 36(b) of the Arms Export Control Act, of a proposed sale of defense articles or services to Greece or Turkey."

The conference report on S. 3075 stated, regarding the Turkish arms embargo, in part:

TURKEY ARMS EMBARGO

The Senate bill repealed section 620 (x) of the Foreign Assistance Act of 1961. It further made policy statements regarding Cyprus, Greece, and Turkey. Finally, it required that any request for economic or military assistance for Greece, Cyprus, or Turkey must include a Presidential certification that the goals specified in the policy statements had been substantially achieved or that such assistance would contribute to their achievement.

The House amendment provided that section 620 (x) would be of no further force and effect if the President determined and certified to Congress that resumption of military cooperation with Turkey was in U.S. national and NATO interests and that Turkey was acting in good faith to achieve a just and peaceful settlement of the Cyprus problem, the early peaceable return of refugees to their homes and properties, continued removal of Turkish military troops from Cyprus, and the early serious resumption of intercommunal talks aimed at a just negotiated settlement. The House amendment also made policy statements different from those of the Senate bill. Finally, the House amendment required that a Presidential certification accompany any request for security assistance for Greece and Turkey stating that such assistance is intended solely for defensive purposes, including the fulfillment of their NATO responsibilities, and that furnishing security assistance is not inconsistent with the objectives of a peaceful settlement among all concerned parties to the Cyprus problem.

The committee of conference adopted the House provision with an amendment. This action clearly constitutes a de facto repeal of section 620 (x) of the Foreign Assistance Act of 1961 although it is the intention of the committee of conference that removal of the prohibitions be contingent upon a Presidential determination and certification to the Congress that resumption of full military cooperation with Turkey is in the national interest of the United States and in the interest of the North Atlantic Treaty Organization and that the Government of Turkey is acting in good faith to achieve a just and peaceful settlement of the Cyprus problem.

The committee of conference recognizes the extreme volatility of the situation in the Eastern Mediterranean. In recognizing the need to maintain close relationships with two key NATO allies, Turkey and Greece, the committee of conference nevertheless regrets the lack of progress toward a Cyprus settlement. In the course of ensuing deliberations over these issues, the Congress will continue to assess and examine how it can best promote political and military stability in the Eastern Mediterranean, reduce tensions between Greece and Turkey, and help promote progress toward a Cyprus settlement while at the same time trying to bolster U.S. relations with all states in the region.

H.R. Rept. 1546, 95th Cong., 2d sess. (1978), p. 34.