The Dismantling of US Code

...With Liberty and Justice For All...

Words spoken over and over again, by hundreds of millions of people. A concept embraced so dearly, it is the very substance of what we are. Beautiful words, a noble concept, that has been denied to those who have been Prisoner and Missing all these long years. The truth is they are more than mere words and a concept. They are the foundation upon which our laws... our code is written. Not only do we determine that all Americans should live within the embrace of Democracy and under the protection of basic human rights, but our United States Code states that those with whom we do business, trade and have relations must respect them as well.

In February 1994, the US trade embargo against the Socialist Republic of Vietnam was lifted. Within a year, President Clinton announced that finally there would be normalization of relations bewteen the US and the SRV, and the fate of hundreds perhaps thousands of American Service personnel may have been determined when President Clinton decided to lift it. What is truly significant though is what comprised the embargo.

UNITED STATES CODE, Title 22, Foreign Relations and Intercourse, explains the law 'of a general and permanent nature' by which the embargo has been kept in place. Chapter 32 Foreign Assistance, ¤ 2370, states:

" (f)Prohibition against assistance to Communist countries; conditions for waiver of restriction by President; ... removal from application of provisions; preconditions.

(1) No assistance shall be furnished under this chapter, to any Communist country. This restriction may not be waived pursuant to any authority contained in this chapter unless the President finds and promptly reports to Congress that: (A) such assistance is vital to the security of the United States; (B) the recipient county is not controlled by the international Communist conspiracy; and (c) such assistance will further promote independence of the recipient country from international communism. For the purposes of this subsection, the phrase "Communist country" includes specifically, but is not limited to, the following countries:
Democratic People's Republic of Korea,
Mongolian People's Republic,
People's Republic of China,
Republic of Cuba,
Socialist Republic of Vietnam,
Tibet,
Iraq,

(2) Notwithstanding the provisions of paragraph (1) of this subsection, the President may remove a country, for such period as the President determines, from the application of this subsection, and other provisions which reference this subsection, if the President determines and reports to Congress that such action is important to the national interest of the United States. It is the sense of the Congress that when consideration is given to authorizing assistance to a country removed from the application of this subsection, one of the factors weighed, among others, is whether the country is giving evidence of fostering the establishment of a genuinely democratic system, with respect fore internationally recognized human rights.

We are witnessing the dismantling of a US Code in the interests of big business, foreign countries and special interest parties. So far the SRV's outstanding balance to the IMF has been met by Japan and France who stand to gain enormously by the embargo lift. Our President, who never was in a hurry to go to Vietnam 26 years previous, now seemed hell bent to get there before the end of 1994...And even sent 3 diplomats to sit in residence in Hanoi. All these were requirements to be met within the aforementioned code before the US could do business with Vietnam. With the extreme manipulation by outside parties, the SRV is meeting the requirements one by one. But to imagine that this brutal, criminal regime would even consider the introduction of true democracy is ridiculous. Human Rights Watch and its subdivision Asia Watch, Freedom House and Amnesty International have not been impressed with their track record to date.

The terms are specific. Genuine democracy and human rights. With the aid of France, Japan and John Kerry, the lobbying for assisting the SRV to meet code in other areas such as loan arrears, diplomatic relations and financial defaults, the slate is being wiped clean, with the exception of democracy and human rights.... and then there are our Live Prisoners and Missing.

It would be a travesty to think that a select few could manipulate and undermine our Nation's laws and code. If the greed and avarice are allowed to prevail, then the suffering and continued service of our Nations finest servicemen, our POWs, will be in vain. They served their country when called to protect the substance of our heritage. And they continue to do so. What's next... Most Favored Nation? Stay tuned.



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