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2014-06-07

Israel’s Ambassador: Move the U.S. Embassy to Jerusalem○The Washington Free Beacon (2014.06.05)

Comment
特別是耶路撒冷,這個置於聯合國下的「耶路撒冷市特別國際政權」(the Special International Regime for the City of Jerusalem),更非以色列所能染指。
 因此,當歐巴馬說「耶路撒冷的地位應由以色列與巴勒斯坦雙方人民和平對話決定」,實際上是不完整甚或是錯誤的認識。
至於以色列駐美大使說耶路撒冷是「承認猶太人與猶太土地的連結」,還強調此事是 trutheternal connection,他說的是宗教與古代歷史。但 truth 是真理還是事實?
前者講法律與政治,後者講歷史與宗教。絕對逗不起來的。
雖然以色列聲稱首都在耶路撒冷,美國大使館依然在合法首都特拉維夫 (Tel Aviv) 不動如山。即便國會有立法要求行政部門限期實施,但法案卻偷偷授權總統以「國家安全利益」為由,得延期實施(每次延期半年,至今)。美國參議員也是在忽攏。
因此,以色列大使罕見的呼籲也沒用。

Presidential Memorandum -- Suspension of Limitations under the Jerusalem Embassy Act   20140602
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT: Suspension of Limitations under the Jerusalem Embassy Act
Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Embassy Act of 1995 (Public Law 104-45)(the "Act"), I hereby determine that it is necessary, in order to protect the national security interests of the United States, to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act.
You are authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register.
This suspension shall take effect after the transmission of this determination and report to the Congress.
BARACK OBAMA

Obama Extends Waiver in Moving U.S. Embassy to Jerusalem    2013.12.04

the Jerusalem Embassy Act of 1995
Section 3  TIMETABLE.
(b)  OPENING DETERMINATION- Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 1999 for ‘Acquisition and Maintenance of Buildings Abroad’ may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened.

Section 7  PRESIDENTIAL WAIVER.
(a)  WAIVER AUTHORITY-
  (1) Beginning on October 1, 1998, the President may suspend the limitation set forth in section 3(b) for a period of six months if he determines and reports to Congress in advance that such suspension is necessary to protect the national security interests of the United States.
  (2)  The President may suspend such limitation for an additional six month period at the end of any period during which the suspension is in effect under this subsection if the President determines and reports to Congress in advance of the additional suspension that the additional suspension is necessary to protect the national security interests of the United States.
  (3)  A report under paragraph (1) or (2) shall include--
        (A)  a statement of the interests affected by the limitation that the President seeks to suspend; and
        (B)  a discussion of the manner in which the limitation affects the interests.
(b)  APPLICABILITY OF WAIVER TO AVAILABILITY OF FUNDS- If the President exercises the authority set forth in subsection (a) in a fiscal year, the limitation set forth in section 3(b) shall apply to funds appropriated in the following fiscal year for the purpose set forth in such section 3(b) except to the extent that the limitation is suspended in such following fiscal year by reason of the exercise of the authority in subsection (a).


Israel’s Ambassador: Move the U.S. Embassy to JerusalemThe Washington Free Beacon (2014.06.05)
Obama administration continues to say Jerusalem not part of Israel
Israel’s ambassador to the United States has called on Congress to “finally” and “very soon” move the U.S. embassy in Israel from Tel Aviv to Jerusalem, drawing praise from those who have pushed the sensitive issue for years on Capitol Hill.
Israel’s Ambassador Ron Dermer made the call last week on Capitol Hill during an event marking Jerusalem Day, when the city was unified by Israel.
Dermer’s public call for Congress to move the U.S. embassy from Tel Aviv to Jerusalem is relatively unprecedented for a high level Israeli official and underscores the political controversy over the Obama administration’s refusal to formally acknowledge Jerusalem as Israel’s capital.
Lawmakers have for years tried to move the U.S. embassy in Israel from its location in Tel Aviv to Jerusalem.  However, successive administrations have been reluctant to formalize the move, with the Obama administration going so far as to deny that Jerusalem is even in Israel.
Dermer told U.S. lawmakers in attendance at the May 29 event organized by the Israel Allies Foundation that it is “finally” time for the United States to acknowledge Jerusalem as Israel’s “undivided” capitol and to relocate the U.S. embassy there.
Who knows, maybe one day very soon you will decide to move your embassy, finally, to Israel’s capital, Jerusalem,” Dermer said, according to video of his remarks obtained by the Washington Free Beacon.  “In doing so you will not undermine the prospects for peace, you will strengthen the chances for peace because for peace to hold in our region it has to be based on truth.”
While Obama administration officials have argued that the status of Jerusalem is an issue that needs to be decided in peace talks between the Israelis and Palestinians, Dermer maintained that the issue is about acknowledging “the connection of the Jewish people to the Jewish land.”
“The decision in the United States, the decision to move the embassy to Jerusalem, would be a statement in favor of truth and if we have that type of truth, if we make clear to the world the connection of the Jewish people to the Jewish land, the connection of the Jewish people to its capitol in Jerusalem, we will be laying a very, very strong, powerful cornerstone for peace,” Dermer said.
“We all want to see peace happen,” he continued.  “The best way we can do that is by beginning to speak the truth, by defending Jerusalem and defending the eternal connection that we have to our ancient capital.”
Willem Griffioen, the executive director of the Israel Allies Foundation, called Dermer’s comments “historic.”
“It was a historic occasion for Ambassador Dermer to come to Capitol Hill and call on Congress and the U.S. government to move the American Embassy,” Griffioen told the Free Beacon.  “I very much second what the ambassador said when he emphasized that for the U.S. to move it’s embassy to Jerusalem would not hinder peace but would strengthen the chances for peace as peace must be rooted in truth.”
Dermer’s public call to move the embassy takes direct aim at the Obama administration’s policy on the issue.  The White House on Monday reissued an executive waiver to skirt the law and ensure that the embassy is not relocated.
Despite multiple U.S. laws effectively labeling Jerusalem as Israel’s capital and mandating the embassy be moved, the Obama administration has made it a policy to deny that the ancient city is Israeli territory.
State Department releases have dubbed Jerusalem as its own entity and labeled Israel separately.
Former State Department spokeswoman Victoria Nuland went on record in 2012 to state that the administration considers Jerusalem a topic for peace talks.
“With regard to our Jerusalem policy, it’s a permanent-status issue,” she told reporters in 2012 after the State Department came under fire for altering communications that labeled Jerusalem and Israel as separate entities.  “It’s got to be resolved through the negotiations between the parties.
Democrats additionally came under fire in 2012 when party leaders removed language from the Democratic National Committee’s platform acknowledging Jerusalem as Israel’s capitol.
Lawmakers at last week’s event—including Reps. Brad Sherman (D., Calif.), Eliot Engel (D., N.Y.), and Doug Lamborn (R., Colo.)—reiterated their support for moving the embassy as well.
“I look forward to visiting with you in the new U.S. embassy in Jerusalem,” Sherman told the audience, which included members of Israel’s Knesset and officials from the embassy.
Dermer maintained in his remarks that Jerusalem should not be made into a politically divisive issue.
“Jerusalem is the heart and soul of the Jewish people,” he said, adding that Jerusalem will never again be divided. “It is the center of our national life and the center of our religious life and a divided Jerusalem means that your heart is torn.”


Text of the Jerusalem Embassy Act of 1995
This bill became enacted on November 8, 1995 after ten days elapsed after being presented to the President.  The text of the bill below is as of Dec 15, 1995 (Referred to House Committee).

S 1322 RFH
104th CONGRESS
1st Session
S. 1322
IN THE HOUSE OF REPRESENTATIVES
December 15, 1995
Referred to the Committee on the Judiciary

AN ACT
To provide for the relocation of the United States Embassy in Israel to Jerusalem, and for other purposes.
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 ‘Jerusalem Embassy Act of 1995’.

SEC. 2.  FINDINGS.
The Congress makes the following findings:
(1)  Each sovereign nation, under international law and custom, may designate its own capital.
(2)  Since 1950, the city of Jerusalem has been the capital of the State of Israel.
(3)  The city of Jerusalem is the seat of Israel’s President, Parliament, and Supreme Court, and the site of numerous government ministries and social and cultural institutions.
(4)  The city of Jerusalem is the spiritual center of Judaism, and is also considered a holy city by the members of other religious faiths.
(5)  From 1948-1967, Jerusalem was a divided city and Israeli citizens of all faiths as well as Jewish citizens of all states were denied access to holy sites in the area controlled by Jordan.
(6)  In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War.
(7)  Since 1967, Jerusalem has been a united city administered by Israel, and persons of all religious faiths have been guaranteed full access to holy sites within the city.
(8)  This year marks the 28th consecutive year that Jerusalem has been administered as a unified city in which the rights of all faiths have been respected and protected.
(9)  In 1990, the Congress unanimously adopted Senate Concurrent Resolution 106, which declares that the Congress ‘strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected’.
(10)  In 1992, the United States Senate and House of Representatives unanimously adopted Senate Concurrent Resolution 113 of the One Hundred Second Congress to commemorate the 25th anniversary of the reunification of Jerusalem, and reaffirming congressional sentiment that Jerusalem must remain an undivided city.
(11)  The September 13, 1993, Declaration of Principles on Interim Self-Government Arrangements lays out a timetable for the resolution of ‘final status’ issues, including Jerusalem.
(12)  The Agreement on the Gaza Strip and the Jericho Area was signed May 4, 1994, beginning the five-year transitional period laid out in the Declaration of Principles.
(13)  In March of 1995, 93 members of the United States Senate signed a letter to Secretary of State Warren Christopher encouraging ‘planning to begin now’ for relocation of the United States Embassy to the city of Jerusalem.
(14)  In June of 1993, 257 members of the United States House of Representatives signed a letter to the Secretary of State Warren Christopher stating that the relocation of the United States Embassy to Jerusalem ‘should take place no later than . . . 1999.
(15)  The United States maintains its embassy in the functioning capital of every country except in the case of our democratic friend and strategic ally, the State of Israel.
(16)  The United States conducts official meetings and other business in the city of Jerusalem in de facto recognition of its status as the capital of Israel.
(17)  In 1996, the State of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David’s entry.

SEC. 3.  TIMETABLE.
(a)  STATEMENT OF THE POLICY OF THE UNITED STATES-
(1)  Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected;
(2)  Jerusalem should be recognized as the capital of the State of Israel; and
(3)  the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.
(b)  OPENING DETERMINATION- Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 1999 for ‘Acquisition and Maintenance of Buildings Abroad’ may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened.

SEC. 4.  FISCAL YEARS 1996 AND 1997 FUNDING.
(a)  FISCAL YEAR 1996- Of the funds authorized to be appropriated for ‘Acquisition and Maintenance of Buildings Abroad’ for the Department of State in fiscal year 1996, not less than $25,000,000 should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem.
(b)  FISCAL YEAR 1997- Of the funds authorized to be appropriated for ‘Acquisition and Maintenance of Buildings Abroad’ for the Department of State in fiscal year 1997, not less than $75,000,000 should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem.

SEC. 5.  REPORT ON IMPLEMENTATION.
Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate detailing the Department of State’s plan to implement this Act. Such report shall include--
(1)  estimated dates of completion for each phase of the establishment of the United States Embassy, including site identification, land acquisition, architectural, engineering and construction surveys, site preparation, and construction; and
(2)  an estimate of the funding necessary to implement this Act, including all costs associated with establishing the United States Embassy in Israel in the capital of Jerusalem.

SEC. 6.  SEMIANNUAL REPORTS.
At the time of the submission of the President’s fiscal year 1997 budget request, and every six months thereafter, the Secretary of State shall report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on the progress made toward opening the United States Embassy in Jerusalem.

SEC. 7.  PRESIDENTIAL WAIVER.
(a)  WAIVER AUTHORITY- (1) Beginning on October 1, 1998, the President may suspend the limitation set forth in section 3(b) for a period of six months if he determines and reports to Congress in advance that such suspension is necessary to protect the national security interests of the United States.
(2)  The President may suspend such limitation for an additional six month period at the end of any period during which the suspension is in effect under this subsection if the President determines and reports to Congress in advance of the additional suspension that the additional suspension is necessary to protect the national security interests of the United States.
(3)  A report under paragraph (1) or (2) shall include--
(A)  a statement of the interests affected by the limitation that the President seeks to suspend; and
(B)  a discussion of the manner in which the limitation affects the interests.
(b)  APPLICABILITY OF WAIVER TO AVAILABILITY OF FUNDS- If the President exercises the authority set forth in subsection (a) in a fiscal year, the limitation set forth in section 3(b) shall apply to funds appropriated in the following fiscal year for the purpose set forth in such section 3(b) except to the extent that the limitation is suspended in such following fiscal year by reason of the exercise of the authority in subsection (a).

SEC. 8.  DEFINITION.
As used in this Act, the term ‘United States Embassy’ means the offices of the United States diplomatic mission and the residence of the United States chief of mission.
Passed the Senate October 24, 1995.
Attest:
KELLY D. JOHNSTON.

Secretary.

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