Legislación
US (United States) Code. Title 50. Chapter 35: International emergency economic powers
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50 USC CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC
POWERS 01/06/03
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TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
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Sec.
1701. Unusual and extraordinary threat; declaration of
national emergency; exercise of Presidential
authorities.
1702. Presidential authorities.
(a) In general.
(b) Exceptions to grant of authority.
(c) Classified information.
1703. Consultation and reports.
(a) Consultation with Congress.
(b) Report to Congress upon exercise of
Presidential authorities.
(c) Periodic follow-up reports.
(d) Supplemental requirements.
1704. Authority to issue regulations.
1705. Penalties.
1706. Savings provisions.
(a) Termination of national emergencies pursuant to
National Emergencies Act.
(b) Congressional termination of national
emergencies by concurrent resolution.
(c) Supplemental savings provisions; supersedure of
inconsistent provisions.
(d) Periodic reports to Congress.
1707. Multinational economic embargoes against governments
in armed conflict with the United States.
(a) Policy on the establishment of embargoes.
(b) Reports to Congress.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 2332 of this title;
sections 2170, 2405, 2410 of the Appendix to this title; title 12
sections 635, 3409, 3413, 4407; title 18 section 983; title 19
sections 1583, 1675, 2581; title 21 section 1901; title 22 section
6004; title 26 section 911; title 30 section 185.
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50 USC Sec. 1701 01/06/03
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TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
Sec. 1701. Unusual and extraordinary threat; declaration of
national emergency; exercise of Presidential authorities
-STATUTE-
(a) Any authority granted to the President by section 1702 of
this title may be exercised to deal with any unusual and
extraordinary threat, which has its source in whole or substantial
part outside the United States, to the national security, foreign
policy, or economy of the United States, if the President declares
a national emergency with respect to such threat.
(b) The authorities granted to the President by section 1702 of
this title may only be exercised to deal with an unusual and
extraordinary threat with respect to which a national emergency has
been declared for purposes of this chapter and may not be exercised
for any other purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new declaration of national
emergency which must be with respect to such threat.
-SOURCE-
(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)
-MISC1-
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-24, Sec. 1, Aug. 3, 2001, 115 Stat. 199, provided
that: "This Act [enacting and amending provisions set out as notes
below] may be cited as the 'ILSA Extension Act of 2001'."
SHORT TITLE
Section 201 of title II of Pub. L. 95-223 provided that: "This
title [enacting this chapter] may be cited as the 'International
Emergency Economic Powers Act'."
SEPARABILITY
Section 208 of Pub. L. 95-223 provided that: "If any provision of
this Act [enacting this chapter] is held invalid, the remainder of
the Act shall not be affected thereby."
SUDAN PEACE
Pub. L. 107-245, Oct. 21, 2002, 116 Stat. 1504, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Sudan Peace Act'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) The Government of Sudan has intensified its prosecution of
the war against areas outside of its control, which has already
cost more than 2,000,000 lives and has displaced more than
4,000,000 people.
"(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of human
rights, and a self-sustaining Sudan.
"(3) Continued strengthening and reform of humanitarian relief
operations in Sudan is an essential element in the effort to
bring an end to the war.
"(4) Continued leadership by the United States is critical.
"(5) Regardless of the future political status of the areas of
Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people
and to meaningful progress toward a viable peace process. It is
critical that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
"(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing
human suffering and the effectiveness of this tactic.
"(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding and
enslaving parties in areas outside of the control of the
Government of Sudan in an effort to disrupt severely the ability
of the populations in those areas to sustain themselves. The
tactic helps minimize the Government of Sudan's accountability
internationally.
"(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside of its control.
"(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the Government
of Sudan to starve targeted groups and subdue areas of Sudan
outside of the Government's control.
"(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of
Genocide (78 U.N.T.S. 277).
"(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS
have played a critical role in addressing the deficiencies in OLS
and offset the Government of Sudan's manipulation of food
donations to advantage in the civil war in Sudan.
"(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
"(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
"(14) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the immediate
food needs of the recipients, the current international relief
operations are neither sustainable nor desirable in the long
term.
"(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of Sudan
has been severely compromised by the disengagement of the
front-line states of Ethiopia, Eritrea, and Uganda, fostering the
belief among officials of the Government of Sudan that success on
the battlefield can be achieved.
"(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including -
"(A) the multilateralization of economic and diplomatic tools
to compel the Government of Sudan to enter into a good faith
peace process;
"(B) the support or creation of viable democratic civil
authority and institutions in areas of Sudan outside of
government control;
"(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside of
government control;
"(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
"(E) cooperation among the trading partners of the United
States and within multilateral institutions toward those ends.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
"(2) Government of sudan. - The term 'Government of Sudan'
means the National Islamic Front government in Khartoum, Sudan.
"(3) OLS. - The term 'OLS' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as 'Operation Lifeline
Sudan'.
"SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND
TACTICS OF THE GOVERNMENT OF SUDAN.
"The Congress hereby -
"(1) condemns -
"(A) violations of human rights on all sides of the conflict
in Sudan;
"(B) the Government of Sudan's overall human rights record,
with regard to both the prosecution of the war and the denial
of basic human and political rights to all Sudanese;
"(C) the ongoing slave trade in Sudan and the role of the
Government of Sudan in abetting and tolerating the practice;
"(D) the Government of Sudan's use and organization of
'murahalliin' or 'mujahadeen', Popular Defense Forces, and
regular Sudanese Army units into organized and coordinated
raiding and slaving parties in Bahr al Ghazal, the Nuba
Mountains, and the Upper Nile and the Blue Nile regions; and
"(E) aerial bombardment of civilian targets that is sponsored
by the Government of Sudan; and
"(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food shortages
and is used as a systematic means to destroy the societies,
culture, and economies of the Dinka, Nuer, and Nuba peoples in a
policy of low-intensity ethnic cleansing.
"SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
"(a) Assistance to Sudan. - The President is authorized to
provide increased assistance to the areas of Sudan that are not
controlled by the Government of Sudan to prepare the population for
peace and democratic governance, including support for civil
administration, communications infrastructure, education, health,
and agriculture.
"(b) Authorization of Appropriations. -
"(1) In general. - There are authorized to be appropriated to
the President to carry out the activities described in subsection
(a) of this section $100,000,000 for each of the fiscal years
2003, 2004, and 2005.
"(2) Availability. - Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
"SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
"(a) Findings. - Congress hereby -
"(1) recognizes that -
"(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
"(B) resolution to the conflict in Sudan is best made through
a peace process based on the Declaration of Principles reached
in Nairobi, Kenya, on July 20, 1994, and on the Machakos
Protocol in July 2002; and
"(2) commends the efforts of Special Presidential Envoy,
Senator Danforth and his team in working to assist the parties to
the conflict in Sudan in finding a just, permanent peace to the
conflict in Sudan.
"(b) Measures of Certain Conditions Not Met. -
"(1) Presidential determination. -
"(A) The President shall make a determination and certify in
writing to the appropriate congressional committees within 6
months after the date of enactment of this Act [Oct. 21, 2002],
and each 6 months thereafter, that the Government of Sudan and
the Sudan People's Liberation Movement are negotiating in good
faith and that negotiations should continue.
"(B) If, under subparagraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Government of Sudan has not engaged in good
faith negotiations to achieve a permanent, just, and equitable
peace agreement, or has unreasonably interfered with
humanitarian efforts, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
"(C) If, under paragraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a permanent,
just, and equitable peace agreement, then paragraph (2) shall
not apply to the Government of Sudan.
"(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is not in
compliance with the terms of a permanent peace agreement
between the Government of Sudan and the Sudan People's
Liberation Movement, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
"(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes a
determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan has
resumed good faith negotiations, or makes a determination and
certifies in writing to the appropriate congressional
committees that the Government of Sudan is in compliance with a
peace agreement, then paragraph (2) shall not apply to the
Government of Sudan.
"(2) Measures in support of the peace process. - Subject to the
provisions of paragraph (1), the President -
"(A) shall, through the Secretary of the Treasury, instruct
the United States executive directors to each international
financial institution to continue to vote against and actively
oppose any extension by the respective institution of any loan,
credit, or guarantee to the Government of Sudan;
"(B) should consider downgrading or suspending diplomatic
relations between the United States and the Government of
Sudan;
"(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Government
of Sudan access to oil revenues to ensure that the Government
of Sudan neither directly nor indirectly utilizes any oil
revenues to purchase or acquire military equipment or to
finance any military activities; and
"(D) shall seek a United Nations Security Council Resolution
to impose an arms embargo on the Government of Sudan.
"(c) Report on the Status of Negotiations. - If, at any time
after the President has made a certification under subsection
(b)(1)(A), the Government of Sudan discontinues negotiations with
the Sudan People's Liberation Movement for a 14-day period, then
the President shall submit a quarterly report to the appropriate
congressional committees on the status of the peace process until
negotiations resume.
"(d) Report on United States Opposition To Financing by
International Financial Institutions. - The Secretary of the
Treasury shall submit a semiannual report to the appropriate
congressional committees describing the steps taken by the United
States to oppose the extension of a loan, credit, or guarantee if,
after the Secretary of the Treasury gives the instructions
described in subsection (b)(2)(A), such financing is extended.
"(e) Report on Efforts To Deny Oil Revenues. - Not later than 45
days after the President takes an action under subsection
(b)(2)(C), the President shall submit to the appropriate
congressional committees a comprehensive plan for implementing the
actions described in such subsection.
"(f) Definition. - In this section, the term 'international
financial institution' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Monetary Fund, the African
Development Bank, and the African Development Fund.
"SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
"It is the sense of Congress that -
"(1) the United Nations should help facilitate peace and
recovery in Sudan;
"(2) the President, acting through the United States Permanent
Representative to the United Nations, should seek to end the veto
power of the Government of Sudan over the plans by OLS for air
transport relief flights and, by doing so, to end the
manipulation of the delivery of relief supplies to the advantage
of the Government of Sudan on the battlefield; and
"(3) the President should take appropriate measures, including
the implementation of recommendations of the International
Eminent Persons Commission contained in the report issued on May
22, 2002, to end slavery and aerial bombardment of civilians by
the Government of Sudan.
"SEC. 8. REPORTING REQUIREMENT.
"Not later than 6 months after the date of the enactment of this
Act [Oct. 21, 2002], and annually thereafter, the Secretary of
State shall prepare and submit to the appropriate congressional
committees a report regarding the conflict in Sudan. Such report
shall include -
"(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for
oil exploitation, the effects of such financing and construction
on the inhabitants of the regions in which the oil fields are
located, and the ability of the Government of Sudan to finance
the war in Sudan with the proceeds of the oil exploitation;
"(2) a description of the extent to which that financing was
secured in the United States or with involvement of United States
citizens;
"(3) the best estimates of the extent of aerial bombardment by
the Government of Sudan, including targets, frequency, and best
estimates of damage; and
"(4) a description of the extent to which humanitarian relief
has been obstructed or manipulated by the Government of Sudan or
other forces.
"SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF
EFFORTS.
"(a) Sense of Congress. - It is the sense of the Congress that
the President should continue to increase the use of non-OLS
agencies in the distribution of relief supplies in southern Sudan.
"(b) Report. - Not later than 90 days after the date of enactment
of this Act [Oct. 21, 2002], the President shall submit to the
appropriate congressional committees a detailed report describing
the progress made toward carrying out subsection (a).
"SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF
FLIGHTS.
"(a) Plan. - The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary,
the greatest possible amount of United States Government and
privately donated relief to all affected areas in Sudan, including
the Nuba Mountains and the Upper Nile and the Blue Nile regions, in
the event that the Government of Sudan imposes a total, partial, or
incremental ban on OLS air transport relief flights.
"(b) Reprogramming Authority. - Notwithstanding any other
provision of law, in carrying out the plan developed under
subsection (a), the President may reprogram up to 100 percent of
the funds available for support of OLS operations for the purposes
of the plan.
"SEC. 11. INVESTIGATION OF WAR CRIMES.
"(a) In General. - The Secretary of State shall collect
information about incidents which may constitute crimes against
humanity, genocide, war crimes, and other violations of
international humanitarian law by all parties to the conflict in
Sudan, including slavery, rape, and aerial bombardment of civilian
targets.
"(b) Report. - Not later than 6 months after the date of the
enactment of this Act [Oct. 21, 2002] and annually thereafter, the
Secretary of State shall prepare and submit to the appropriate
congressional committees a detailed report on the information that
the Secretary of State has collected under subsection (a) and any
findings or determinations made by the Secretary on the basis of
that information. The report under this subsection may be submitted
as part of the report required under section 8.
"(c) Consultations With Other Departments. - In preparing the
report required by this section, the Secretary of State shall
consult and coordinate with all other Government officials who have
information necessary to complete the report. Nothing contained in
this section shall require the disclosure, on a classified or
unclassified basis, of information that would jeopardize sensitive
sources and methods or other vital national security interests."
ASSISTANCE EFFORTS IN SUDAN
Pub. L. 106-570, title V, Sec. 501, Dec. 27, 2000, 114 Stat.
3050, provided that:
"(a) Additional Authorities. - Notwithstanding any other
provision of law, the President is authorized to undertake
appropriate programs using Federal agencies, contractual
arrangements, or direct support of indigenous groups, agencies, or
organizations in areas outside of control of the Government of
Sudan in an effort to provide emergency relief, promote economic
self-sufficiency, build civil authority, provide education, enhance
rule of law and the development of judicial and legal frameworks,
support people-to-people reconciliation efforts, or implement any
program in support of any viable peace agreement at the local,
regional, or national level in Sudan.
"(b) Exception to Export Prohibitions. - Notwithstanding any
other provision of law, the prohibitions set forth with respect to
Sudan in Executive Order No. 13067 of November 3, 1997 (62 Fed.
Register 59989) [set out below] shall not apply to any export from
an area in Sudan outside of control of the Government of Sudan, or
to any necessary transaction directly related to that export, if
the President determines that the export or related transaction, as
the case may be, would directly benefit the economic development of
that area and its people."
IRAN NONPROLIFERATION
Pub. L. 106-178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub.
L. 107-228, div. B, title XIII, Sec. 1306, Sept. 30, 2002, 116
Stat. 1438, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iran Nonproliferation Act of
2000'.
"SEC. 2. REPORTS ON PROLIFERATION TO IRAN.
"(a) Reports. - The President shall, at the times specified in
subsection (b), submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report identifying every foreign person
with respect to whom there is credible information indicating that
that person, on or after January 1, 1999, transferred to Iran -
"(1) goods, services, or technology listed on -
"(A) the Nuclear Suppliers Group Guidelines for the Export of
Nuclear Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and
Guidelines for Transfers of Nuclear-Related Dual-Use Equipment,
Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions);
"(B) the Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent revisions;
"(C) the lists of items and substances relating to biological
and chemical weapons the export of which is controlled by the
Australia Group;
"(D) the Schedule One or Schedule Two list of toxic chemicals
and precursors the export of which is controlled pursuant to
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction; or
"(E) the Wassenaar Arrangement list of Dual Use Goods and
Technologies and Munitions list of July 12, 1996, and
subsequent revisions; or
"(2) goods, services, or technology not listed on any list
identified in paragraph (1) but which nevertheless would be, if
they were United States goods, services, or technology,
prohibited for export to Iran because of their potential to make
a material contribution to the development of nuclear,
biological, or chemical weapons, or of ballistic or cruise
missile systems.
"(b) Timing of Reports. - The reports under subsection (a) shall
be submitted not later than 90 days after the date of the enactment
of this Act [Mar. 14, 2000], not later than 6 months after such
date of enactment, and not later than the end of each 6-month
period thereafter.
"(c) Exceptions. - Any foreign person who -
"(1) was identified in a previous report submitted under
subsection (a) on account of a particular transfer; or
"(2) has engaged in a transfer on behalf of, or in concert
with, the Government of the United States,
is not required to be identified on account of that same transfer
in any report submitted thereafter under this section, except to
the degree that new information has emerged indicating that the
particular transfer may have continued, or been larger, more
significant, or different in nature than previously reported under
this section.
"(d) Submission in Classified Form. - When the President
considers it appropriate, reports submitted under subsection (a),
or appropriate parts thereof, may be submitted in classified form.
"(e) Content of Reports. - Each report under subsection (a) shall
contain, with respect to each foreign person identified in such
report, a brief description of the type and quantity of the goods,
services, or technology transferred by that person to Iran, the
circumstances surrounding the transfer, the usefulness of the
transfer to Iranian weapons programs, and the probable awareness or
lack thereof of the transfer on the part of the government with
primary jurisdiction over the person.
"SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
"(a) Application of Measures. - Subject to sections 4 and 5, the
President is authorized to apply with respect to each foreign
person identified in a report submitted pursuant to section 2(a),
for such period of time as he may determine, any or all of the
measures described in subsection (b).
"(b) Description of Measures. - The measures referred to in
subsection (a) are the following:
"(1) Executive order no. 12938 prohibitions. - The measures set
forth in subsections (b) and (c) of section 4 of Executive Order
No. 12938.
"(2) Arms export prohibition. - Prohibition on United States
Government sales to that foreign person of any item on the United
States Munitions List as in effect on August 8, 1995, and
termination of sales to that person of any defense articles,
defense services, or design and construction services under the
Arms Export Control Act [22 U.S.C. 2751 et seq.].
"(3) Dual use export prohibition. - Denial of licenses and
suspension of existing licenses for the transfer to that person
of items the export of which is controlled under the Export
Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] or the
Export Administration Regulations.
"(c) Effective Date of Measures. - Measures applied pursuant to
subsection (a) shall be effective with respect to a foreign person
no later than -
"(1) 90 days after the report identifying the foreign person is
submitted, if the report is submitted on or before the date
required by section 2(b);
"(2) 90 days after the date required by section 2(b) for
submitting the report, if the report identifying the foreign
person is submitted within 60 days after that date; or
"(3) on the date that the report identifying the foreign person
is submitted, if that report is submitted more than 60 days after
the date required by section 2(b).
"(d) Publication in Federal Register. - The application of
measures to a foreign person pursuant to subsection (a) shall be
announced by notice published in the Federal Register.
"SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
"(a) Requirement To Notify Congress. - Should the President not
exercise the authority of section 3(a) to apply any or all of the
measures described in section 3(b) with respect to a foreign person
identified in a report submitted pursuant to section 2(a), he shall
so notify the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate no later than the effective date under section 3(c) for
measures with respect to that person.
"(b) Written Justification. - Any notification submitted by the
President under subsection (a) shall include a written
justification describing in detail the facts and circumstances
relating specifically to the foreign person identified in a report
submitted pursuant to section 2(a) that support the President's
decision not to exercise the authority of section 3(a) with respect
to that person.
"(c) Submission in Classified Form. - When the President
considers it appropriate, the notification of the President under
subsection (a), and the written justification under subsection (b),
or appropriate parts thereof, may be submitted in classified form.
"SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3
AND 4.
"(a) In General. - Sections 3 and 4 shall not apply to a foreign
person 15 days after the President reports to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that the President has
determined, on the basis of information provided by that person, or
otherwise obtained by the President, that -
"(1) the person did not, on or after January 1, 1999, knowingly
transfer to Iran the goods, services, or technology the apparent
transfer of which caused that person to be identified in a report
submitted pursuant to section 2(a);
"(2) the goods, services, or technology the transfer of which
caused that person to be identified in a report submitted
pursuant to section 2(a) did not materially contribute to Iran's
efforts to develop nuclear, biological, or chemical weapons, or
ballistic or cruise missile systems, or weapons listed on the
Wassenaar Arrangement Munitions List of July 12, 1996, or any
subsequent revision of that list;
"(3) the person is subject to the primary jurisdiction of a
government that is an adherent to one or more relevant
nonproliferation regimes, the person was identified in a report
submitted pursuant to section 2(a) with respect to a transfer of
goods, services, or technology described in section 2(a)(1), and
such transfer was made consistent with the guidelines and
parameters of all such relevant regimes of which such government
is an adherent; or
"(4) the government with primary jurisdiction over the person
has imposed meaningful penalties on that person on account of the
transfer of the goods, services, or technology which caused that
person to be identified in a report submitted pursuant to section
2(a).
"(b) Opportunity To Provide Information. - Congress urges the
President -
"(1) in every appropriate case, to contact in a timely fashion
each foreign person identified in each report submitted pursuant
to section 2(a), or the government with primary jurisdiction over
such person, in order to afford such person, or governments, the
opportunity to provide explanatory, exculpatory, or other
additional information with respect to the transfer that caused
such person to be identified in a report submitted pursuant to
section 2(a); and
"(2) to exercise the authority in subsection (a) in all cases
where information obtained from a foreign person identified in a
report submitted pursuant to section 2(a), or from the government
with primary jurisdiction over such person, establishes that the
exercise of such authority is warranted.
"(c) Submission in Classified Form. - When the President
considers it appropriate, the determination and report of the
President under subsection (a), or appropriate parts thereof, may
be submitted in classified form.
"SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH
THE INTERNATIONAL SPACE STATION.
"(a) Restriction on Extraordinary Payments in Connection With the
International Space Station. - Notwithstanding any other provision
of law, no agency of the United States Government may make
extraordinary payments in connection with the International Space
Station to the Russian Aviation and Space Agency, any organization
or entity under the jurisdiction or control of the Russian Aviation
and Space Agency, or any other organization, entity, or element of
the Government of the Russian Federation, unless, during the fiscal
year in which the extraordinary payments in connection with the
International Space Station are to be made, the President has made
the determination described in subsection (b), and reported such
determination to the Committee on International Relations and the
Committee on Science of the House of Representatives and the
Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate.
"(b) Determination Regarding Russian Cooperation in Preventing
Proliferation to Iran. - The determination referred to in
subsection (a) is a determination by the President that -
"(1) it is the policy of the Government of the Russian
Federation to oppose the proliferation to Iran of weapons of mass
destruction and missile systems capable of delivering such
weapons;
"(2) the Government of the Russian Federation (including the
law enforcement, export promotion, export control, and
intelligence agencies of such government) has demonstrated and
continues to demonstrate a sustained commitment to seek out and
prevent the transfer to Iran of goods, services, and technology
that could make a material contribution to the development of
nuclear, biological, or chemical weapons, or of ballistic or
cruise missile systems; and
"(3) neither the Russian Aviation and Space Agency, nor any
organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency, has, during the 1-year period
prior to the date of the determination pursuant to this
subsection, made transfers to Iran reportable under section 2(a)
of this Act (other than transfers with respect to which a
determination pursuant to section 5 has been or will be made).
"(c) Prior Notification. - Not less than 5 days before making a
determination under subsection (b), the President shall notify the
Committee on International Relations and the Committee on Science
of the House of Representatives and the Committee on Foreign
Relations and the Committee on Commerce, Science, and
Transportation of the Senate of his intention to make such
determination.
"(d) Written Justification. - A determination of the President
under subsection (b) shall include a written justification
describing in detail the facts and circumstances supporting the
President's conclusion.
"(e) Submission in Classified Form. - When the President
considers it appropriate, a determination of the President under
subsection (b), a prior notification under subsection (c), and a
written justification under subsection (d), or appropriate parts
thereof, may be submitted in classified form.
"(f) Exception for Crew Safety. -
"(1) Exception. - The National Aeronautics and Space
Administration may make extraordinary payments that would
otherwise be prohibited under this section to the Russian
Aviation and Space Agency or any organization or entity under the
jurisdiction or control of the Russian Aviation and Space Agency
if the President has notified the Congress in writing that such
payments are necessary to prevent the imminent loss of life by or
grievous injury to individuals aboard the International Space
Station.
"(2) Report. - Not later than 30 days after notifying Congress
that the National Aeronautics and Space Administration will make
extraordinary payments under paragraph (1), the President shall
submit to Congress a report describing -
"(A) the extent to which the provisions of subsection (b) had
been met as of the date of notification; and
"(B) the measures that the National Aeronautics and Space
Administration is taking to ensure that -
"(i) the conditions posing a threat of imminent loss of
life by or grievous injury to individuals aboard the
International Space Station necessitating the extraordinary
payments are not repeated; and
"(ii) it is no longer necessary to make extraordinary
payments in order to prevent imminent loss of life by or
grievous injury to individuals aboard the International Space
Station.
"(g) Service Module Exception. -
"(1) The National Aeronautics and Space Administration may make
extraordinary payments that would otherwise be prohibited under
this section to the Russian Aviation and Space Agency, any
organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency, or any subcontractor thereof
for the construction, testing, preparation, delivery, launch, or
maintenance of the Service Module, and for the purchase (at a
total cost not to exceed $14,000,000) of the pressure dome for
the Interim Control Module and the Androgynous Peripheral Docking
Adapter and related hardware for the United States propulsion
module, if -
"(A) the President has notified Congress at least 5 days
before making such payments;
"(B) no report has been made under section 2 with respect to
an activity of the entity to receive such payment, and the
President has no credible information of any activity that
would require such a report; and
"(C) the United States will receive goods or services of
value to the United States commensurate with the value of the
extraordinary payments made.
"(2) For purposes of this subsection, the term 'maintenance'
means activities which cannot be performed by the National
Aeronautics and Space Administration and which must be performed
in order for the Service Module to provide environmental control,
life support, and orbital maintenance functions which cannot be
performed by an alternative means at the time of payment.
"(3) This subsection shall cease to be effective 60 days after
a United States propulsion module is in place at the
International Space Station.
"(h) Exception. - Notwithstanding subsections (a) and (b), no
agency of the United States Government may make extraordinary
payments in connection with the International Space Station to any
foreign person subject to measures applied pursuant to -
"(1) section 3 of this Act; or
"(2) section 4 of Executive Order No. 12938 (November 14,
1994), as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the
agency of the United States Government anticipates that such
payments will be passed on to such a foreign person.
"SEC. 7. DEFINITIONS.
"For purposes of this Act, the following terms have the following
meanings:
"(1) Extraordinary payments in connection with the
international space station. - The term 'extraordinary payments
in connection with the International Space Station' means
payments in cash or in kind made or to be made by the United
States Government -
"(A) for work on the International Space Station which the
Russian Government pledged at any time to provide at its
expense; or
"(B) for work on the International Space Station, or for the
purchase of goods or services relating to human space flight,
that are not required to be made under the terms of a contract
or other agreement that was in effect on January 1, 1999, as
those terms were in effect on such date.
"(2) Foreign person; person. - The terms 'foreign person' and
'person' mean -
"(A) a natural person that is an alien;
"(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
"(C) any foreign governmental entity operating as a business
enterprise; and
"(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (B) or (C).
"(3) Executive order no. 12938. - The term 'Executive Order No.
12938' means Executive Order No. 12938 [set out below] as in
effect on January 1, 1999.
"(4) Adherent to relevant nonproliferation regime. - A
government is an 'adherent' to a 'relevant nonproliferation
regime' if that government -
"(A) is a member of the Nuclear Suppliers Group with respect
to a transfer of goods, services, or technology described in
section 2(a)(1)(A);
"(B) is a member of the Missile Technology Control Regime
with respect to a transfer of goods, services, or technology
described in section 2(a)(1)(B), or is a party to a binding
international agreement with the United States that was in
effect on January 1, 1999, to control the transfer of such
goods, services, or technology in accordance with the criteria
and standards set forth in the Missile Technology Control
Regime;
"(C) is a member of the Australia Group with respect to a
transfer of goods, services, or technology described in section
2(a)(1)(C);
"(D) is a party to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction with respect to a transfer of
goods, services, or technology described in section 2(a)(1)(D);
or
"(E) is a member of the Wassenaar Arrangement with respect to
a transfer of goods, services, or technology described in
section 2(a)(1)(E).
"(5) Organization or entity under the jurisdiction or control
of the Russian Aviation and Space Agency. -
"(A) The term 'organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency' means an
organization or entity that -
"(i) was made part of the Russian Space Agency upon its
establishment on February 25, 1992;
"(ii) was transferred to the Russian Space Agency by decree
of the Russian Government on July 25, 1994, or May 12, 1998;
"(iii) was or is transferred to the Russian Aviation and
Space Agency or Russian Space Agency by decree of the Russian
Government at any other time before, on, or after the date of
the enactment of this Act [Mar. 14, 2000]; or
"(iv) is a joint stock company in which the Russian
Aviation and Space Agency or Russian Space Agency has at any
time held controlling interest.
"(B) Any organization or entity described in subparagraph (A)
shall be deemed to be under the jurisdiction or control of the
Russian Aviation and Space Agency regardless of whether -
"(i) such organization or entity, after being part of or
transferred to the Russian Aviation and Space Agency or
Russian Space Agency, is removed from or transferred out of
the Russian Aviation and Space Agency or Russian Space
Agency; or
"(ii) the Russian Aviation and Space Agency or Russian
Space Agency, after holding a controlling interest in such
organization or entity, divests its controlling interest."
[Memorandum of President of the United States, Sept. 11, 2000, 65
F.R. 56209, delegated to the Secretary of State functions and
authorities conferred on the President under Pub. L. 106-178, set
out above, with the exception of section 6(f) and (g), from which
were delegated to the Secretary of State only section 6(f)(2)(A)
and (g)(1)(B), with the remaining functions and authorities under
section 6(f) and (g) delegated to the Administrator of the National
Aeronautics and Space Administration, and provided that authorities
and functions delegated by the memorandum could be redelegated.]
APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES
Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998, 112
Stat. 2160, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title
XII, Sec. 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330, provided
that:
"(a) Presidential Authority. -
"(1) In general. - The President may exercise IEEPA authorities
(other than authorities relating to importation) without regard
to section 202 of the International Emergency Economic Powers Act
(50 U.S.C. 1701) in the case of any commercial activity in the
United States by a person that is on the list published under
subsection (b).
"(2) Penalties. - The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
apply to violations of any license, order, or regulation issued
under paragraph (1).
"(3) Ieepa authorities. - For purposes of paragraph (1), the
term 'IEEPA authorities' means the authorities set forth in
section 203(a) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(a)).
"(b) Determination and Reporting of Communist Chinese Military
Companies Operating in United States. -
"(1) Initial determination and reporting. - Not later than
March 1, 2001, the Secretary of Defense shall make a
determination of those persons operating directly or indirectly
in the United States or any of its territories and possessions
that are Communist Chinese military companies and shall submit a
list of those persons in classified and unclassified form to the
following:
"(A) The Committee on Armed Services of the House of
Representatives.
"(B) The Committee on Armed Services of the Senate.
"(C) The Secretary of State.
"(D) The Secretary of the Treasury.
"(E) The Attorney General.
"(F) The Secretary of Commerce.
"(G) The Secretary of Energy.
"(H) The Director of Central Intelligence.
"(2) Annual revisions to the list. - The Secretary of Defense
shall make additions or deletions to the list submitted under
paragraph (1) on an annual basis based on the latest information
available and shall submit the updated list not later than
February 1, each year to the committees and officers specified in
paragraph (1).
"(3) Consultation. - The Secretary of Defense shall consult
with the following officers in carrying out paragraphs (1) and
(2):
"(A) The Attorney General.
"(B) The Director of Central Intelligence.
"(C) The Director of the Federal Bureau of Investigation.
"(4) Communist chinese military company. - For purposes of
making the determination required by paragraph (1) and of
carrying out paragraph (2), the term 'Communist Chinese military
company' means -
"(A) any person identified in the Defense Intelligence Agency
publication numbered VP-1920-271-90, dated September 1990, or
PC-1921-57-95, dated October 1995, and any update of those
publications for the purposes of this section; and
"(B) any other person that -
"(i) is owned or controlled by the People's Liberation
Army; and
"(ii) is engaged in providing commercial services,
manufacturing, producing, or exporting.
"(c) People's Liberation Army. - For purposes of this section,
the term 'People's Liberation Army' means the land, naval, and air
military services, the police, and the intelligence services of the
Communist Government of the People's Republic of China, and any
member of any such service or of such police."
IRAN AND LIBYA SANCTIONS
Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub.
L. 107-24, Secs. 2(a), 3-5, 115 Stat. 199, 200, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iran and Libya Sanctions Act of
1996'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) The efforts of the Government of Iran to acquire weapons
of mass destruction and the means to deliver them and its support
of acts of international terrorism endanger the national security
and foreign policy interests of the United States and those
countries with which the United States shares common strategic
and foreign policy objectives.
"(2) The objective of preventing the proliferation of weapons
of mass destruction and acts of international terrorism through
existing multilateral and bilateral initiatives requires
additional efforts to deny Iran the financial means to sustain
its nuclear, chemical, biological, and missile weapons programs.
"(3) The Government of Iran uses its diplomatic facilities and
quasi-governmental institutions outside of Iran to promote acts
of international terrorism and assist its nuclear, chemical,
biological, and missile weapons programs.
"(4) The failure of the Government of Libya to comply with
Resolutions 731, 748, and 883 of the Security Council of the
United Nations, its support of international terrorism, and its
efforts to acquire weapons of mass destruction constitute a
threat to international peace and security that endangers the
national security and foreign policy interests of the United
States and those countries with which it shares common strategic
and foreign policy objectives.
"SEC. 3. DECLARATION OF POLICY.
"(a) Policy With Respect to Iran. - The Congress declares that it
is the policy of the United States to deny Iran the ability to
support acts of international terrorism and to fund the development
and acquisition of weapons of mass destruction and the means to
deliver them by limiting the development of Iran's ability to
explore for, extract, refine, or transport by pipeline petroleum
resources of Iran.
"(b) Policy With Respect to Libya. - The Congress further
declares that it is the policy of the United States to seek full
compliance by Libya with its obligations under Resolutions 731,
748, and 883 of the Security Council of the United Nations,
including ending all support for acts of international terrorism
and efforts to develop or acquire weapons of mass destruction.
"SEC. 4. MULTILATERAL REGIME.
"(a) Multilateral Negotiations. - In order to further the
objectives of section 3, the Congress urges the President to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, and bilaterally with
allies of the United States, to establish a multilateral sanctions
regime against Iran, including provisions limiting the development
of petroleum resources, that will inhibit Iran's efforts to carry
out activities described in section 2.
"(b) Reports to Congress. - The President shall report to the
appropriate congressional committees, not later than 1 year after
the date of the enactment of this Act [Aug. 5, 1996], and
periodically thereafter, on the extent that diplomatic efforts
described in subsection (a) have been successful. Each report shall
include -
"(1) the countries that have agreed to undertake measures to
further the objectives of section 3 with respect to Iran, and a
description of those measures; and
"(2) the countries that have not agreed to measures described
in paragraph (1), and, with respect to those countries, other
measures (in addition to that provided in subsection (d)) the
President recommends that the United States take to further the
objectives of section 3 with respect to Iran.
"(c) Waiver. - The President may waive the application of section
5(a) with respect to nationals of a country if -
"(1) that country has agreed to undertake substantial measures,
including economic sanctions, that will inhibit Iran's efforts to
carry out activities described in section 2 and information
required by subsection (b)(1) has been included in a report
submitted under subsection (b); and
"(2) the President, at least 30 days before the waiver takes
effect, notifies the appropriate congressional committees of his
intention to exercise the waiver.
"(d) Enhanced Sanction. -
"(1) Sanction. - With respect to nationals of countries except
those with respect to which the President has exercised the
waiver authority of subsection (c), at any time after the first
report is required to be submitted under subsection (b), section
5(a) shall be applied by substituting '$20,000,000' for
'$40,000,000' each place it appears, and by substituting
'$5,000,000' for '$10,000,000'.
"(2) Report to congress. - The President shall report to the
appropriate congressional committees any country with respect to
which paragraph (1) applies.
"(e) Interim Report on Multilateral Sanctions; Monitoring. - The
President, not later than 90 days after the date of the enactment
of this Act, shall report to the appropriate congressional
committees on -
"(1) whether the member states of the European Union, the
Republic of Korea, Australia, Israel, or Japan have legislative
or administrative standards providing for the imposition of trade
sanctions on persons or their affiliates doing business or having
investments in Iran or Libya;
"(2) the extent and duration of each instance of the
application of such sanctions; and
"(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
"SEC. 5. IMPOSITION OF SANCTIONS.
"(a) Sanctions With Respect to Iran. - Except as provided in
subsection (f), the President shall impose 2 or more of the
sanctions described in paragraphs (1) through (6) of section 6 if
the President determines that a person has, with actual knowledge,
on or after the date of the enactment of this Act [Aug. 5, 1996],
made an investment of $40,000,000 or more (or any combination of
investments of at least $10,000,000 each, which in the aggregate
equals or exceeds $40,000,000 in any 12-month period), that
directly and significantly contributed to the enhancement of Iran's
ability to develop petroleum resources of Iran.
"(b) Mandatory Sanctions With Respect to Libya. -
"(1) Violations of prohibited transactions. - Except as
provided in subsection (f), the President shall impose 2 or more
of the sanctions described in paragraphs (1) through (6) of
section 6 if the President determines that a person has, with
actual knowledge, on or after the date of the enactment of this
Act, exported, transferred, or otherwise provided to Libya any
goods, services, technology, or other items the provision of
which is prohibited under paragraph 4(b) or 5 of Resolution 748
of the Security Council of the United Nations, adopted March 31,
1992, or under paragraph 5 or 6 of Resolution 883 of the Security
Council of the United Nations, adopted November 11, 1993, if the
provision of such items significantly and materially -
"(A) contributed to Libya's ability to acquire chemical,
biological, or nuclear weapons or destabilizing numbers and
types of advanced conventional weapons or enhanced Libya's
military or paramilitary capabilities;
"(B) contributed to Libya's ability to develop its petroleum
resources; or
"(C) contributed to Libya's ability to maintain its aviation
capabilities.
"(2) Investments that contribute to the development of
petroleum resources. - Except as provided in subsection (f), the
President shall impose 2 or more of the sanctions described in
paragraphs (1) through (6) of section 6 if the President
determines that a person has, with actual knowledge, on or after
the date of the enactment of this Act [Aug. 5, 1996], made an
investment of $20,000,000 or more (or any combination of
investments of at least $10,000,000 each, which in the aggregate
equals or exceeds $20,000,000 in any 12-month period), that
directly and significantly contributed to the enhancement of
Libya's ability to develop its petroleum resources.
"(c) Persons Against Which the Sanctions Are To Be Imposed. - The
sanctions described in subsections (a) and (b) shall be imposed on
-
"(1) any person the President determines has carried out the
activities described in subsection (a) or (b); and
"(2) any person the President determines -
"(A) is a successor entity to the person referred to in
paragraph (1);
"(B) is a parent or subsidiary of the person referred to in
paragraph (1) if that parent or subsidiary, with actual
knowledge, engaged in the activities referred to in paragraph
(1); or
"(C) is an affiliate of the person referred to in paragraph
(1) if that affiliate, with actual knowledge, engaged in the
activities referred to in paragraph (1) and if that affiliate
is controlled in fact by the person referred to in paragraph
(1).
For purposes of this Act, any person or entity described in this
subsection shall be referred to as a 'sanctioned person'.
"(d) Publication in Federal Register. - The President shall cause
to be published in the Federal Register a current list of persons
and entities on whom sanctions have been imposed under this Act.
The removal of persons or entities from, and the addition of
persons and entities to, the list, shall also be so published.
"(e) Publication of Projects. - The President shall cause to be
published in the Federal Register a list of all significant
projects which have been publicly tendered in the oil and gas
sector in Iran.
"(f) Exceptions. - The President shall not be required to apply
or maintain the sanctions under subsection (a) or (b) -
"(1) in the case of procurement of defense articles or defense
services -
"(A) under existing contracts or subcontracts, including the
exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
"(B) if the President determines in writing that the person
to which the sanctions would otherwise be applied is a sole
source supplier of the defense articles or services, that the
defense articles or services are essential, and that
alternative sources are not readily or reasonably available; or
"(C) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
"(2) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2518(4)), of any foreign country or instrumentality
designated under section 301(b)(1) of that Act (19 U.S.C.
2511(b)(1));
"(3) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person on whom
the sanctions are to be imposed;
"(4) to -
"(A) spare parts which are essential to United States
products or production;
"(B) component parts, but not finished products, essential to
United States products or production; or
"(C) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
"(6) to information and technology essential to United States
products or production; or
"(7) to medicines, medical supplies, or other humanitarian
items.
"SEC. 6. DESCRIPTION OF SANCTIONS.
"The sanctions to be imposed on a sanctioned person under section
5 are as follows:
"(1) Export-import bank assistance for exports to sanctioned
persons. - The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation in
the extension of credit in connection with the export of any
goods or services to any sanctioned person.
"(2) Export sanction. - The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to a sanctioned person under -
"(i) the Export Administration Act of 1979 [50 App. 2401 et
seq.];
"(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];
"(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
seq.]; or
"(iv) any other statute that requires the prior review and
approval of the United States Government as a condition for the
export or reexport of goods or services.
"(3) Loans from united states financial institutions. - The
United States Government may prohibit any United States financial
institution from making loans or providing credits to any
sanctioned person totaling more than $10,000,000 in any 12-month
period unless such person is engaged in activities to relieve
human suffering and the loans or credits are provided for such
activities.
"(4) Prohibitions on financial institutions. - The following
prohibitions may be imposed against a sanctioned person that is a
financial institution:
"(A) Prohibition on designation as primary dealer. - Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, such financial
institution as a primary dealer in United States Government
debt instruments.
"(B) Prohibition on service as a repository of government
funds. - Such financial institution may not serve as agent of
the United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as 1 sanction for purposes of section 5, and the
imposition of both such sanctions shall be treated as 2 sanctions
for purposes of section 5.
"(5) Procurement sanction. - The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from a sanctioned person.
"(6) Additional sanctions. - The President may impose
sanctions, as appropriate, to restrict imports with respect to a
sanctioned person, in accordance with the International Emergency
Economic Powers Act (50 U.S.C. 1701 and following).
"SEC. 7. ADVISORY OPINIONS.
"The Secretary of State may, upon the request of any person,
issue an advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions
under this Act. Any person who relies in good faith on such an
advisory opinion which states that the proposed activity would not
subject a person to such sanctions, and any person who thereafter
engages in such activity, will not be made subject to such
sanctions on account of such activity.
"SEC. 8. TERMINATION OF SANCTIONS.
"(a) Iran. - The requirement under section 5(a) to impose
sanctions shall no longer have force or effect with respect to Iran
if the President determines and certifies to the appropriate
congressional committees that Iran -
"(1) has ceased its efforts to design, develop, manufacture, or
acquire -
"(A) a nuclear explosive device or related materials and
technology;
"(B) chemical and biological weapons; and
"(C) ballistic missiles and ballistic missile launch
technology; and
"(2) has been removed from the list of countries the
governments of which have been determined, for purposes of
section 6(j) of the Export Administration Act of 1979 [50 App.
2405(j)], to have repeatedly provided support for acts of
international terrorism.
"(b) Libya. - The requirement under section 5(b) to impose
sanctions shall no longer have force or effect with respect to
Libya if the President determines and certifies to the appropriate
congressional committees that Libya has fulfilled the requirements
of United Nations Security Council Resolution 731, adopted January
21, 1992, United Nations Security Council Resolution 748, adopted
March 31, 1992, and United Nations Security Council Resolution 883,
adopted November 11, 1993.
"SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
"(a) Delay of Sanctions. -
"(1) Consultations. - If the President makes a determination
described in section 5(a) or 5(b) with respect to a foreign
person, the Congress urges the President to initiate
consultations immediately with the government with primary
jurisdiction over that foreign person with respect to the
imposition of sanctions under this Act.
"(2) Actions by government of jurisdiction. - In order to
pursue consultations under paragraph (1) with the government
concerned, the President may delay imposition of sanctions under
this Act for up to 90 days. Following such consultations, the
President shall immediately impose sanctions unless the President
determines and certifies to the Congress that the government has
taken specific and effective actions, including, as appropriate,
the imposition of appropriate penalties, to terminate the
involvement of the foreign person in the activities that resulted
in the determination by the President under section 5(a) or 5(b)
concerning such person.
"(3) Additional delay in imposition of sanctions. - The
President may delay the imposition of sanctions for up to an
additional 90 days if the President determines and certifies to
the Congress that the government with primary jurisdiction over
the person concerned is in the process of taking the actions
described in paragraph (2).
"(4) Report to congress. - Not later than 90 days after making
a determination under section 5(a) or 5(b), the President shall
submit to the appropriate congressional committees a report on
the status of consultations with the appropriate foreign
government under this subsection, and the basis for any
determination under paragraph (3).
"(b) Duration of Sanctions. - A sanction imposed under section 5
shall remain in effect -
"(1) for a period of not less than 2 years from the date on
which it is imposed; or
"(2) until such time as the President determines and certifies
to the Congress that the person whose activities were the basis
for imposing the sanction is no longer engaging in such
activities and that the President has received reliable
assurances that such person will not knowingly engage in such
activities in the future, except that such sanction shall remain
in effect for a period of at least 1 year.
"(c) Presidential Waiver. -
"(1) Authority. - The President may waive the requirement in
section 5 to impose a sanction or sanctions on a person described
in section 5(c), and may waive the continued imposition of a
sanction or sanctions under subsection (b) of this section, 30
days or more after the President determines and so reports to the
appropriate congressional committees that it is important to the
national interest of the United States to exercise such waiver
authority.
"(2) Contents of report. - Any report under paragraph (1) shall
provide a specific and detailed rationale for the determination
under paragraph (1), including -
"(A) a description of the conduct that resulted in the
determination under section 5(a) or (b), as the case may be;
"(B) in the case of a foreign person, an explanation of the
efforts to secure the cooperation of the government with
primary jurisdiction over the sanctioned person to terminate
or, as appropriate, penalize the activities that resulted in
the determination under section 5(a) or (b), as the case may
be;
"(C) an estimate as to the significance -
"(i) of the provision of the items described in section
5(a) to Iran's ability to develop its petroleum resources, or
"(ii) of the provision of the items described in section
5(b)(1) to the abilities of Libya described in subparagraph
(A), (B), or (C) of section 5(b)(1), or of the investment
described in section 5(b)(2) on Libya's ability to develop
its petroleum resources,
as the case may be; and
"(D) a statement as to the response of the United States in
the event that the person concerned engages in other activities
that would be subject to section 5(a) or (b).
"(3) Effect of report on waiver. - If the President makes a
report under paragraph (1) with respect to a waiver of sanctions
on a person described in section 5(c), sanctions need not be
imposed under section 5(a) or (b) on that person during the
30-day period referred to in paragraph (1).
"SEC. 10. REPORTS REQUIRED.
"(a) Report on Certain International Initiatives. - Not later
than 6 months after the date of the enactment of this Act [Aug. 5,
1996], and every 6 months thereafter, the President shall transmit
a report to the appropriate congressional committees describing -
"(1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease its
nuclear, chemical, biological, and missile weapons programs and
its support of acts of international terrorism;
"(2) the efforts of the President to persuade other governments
to ask Iran to reduce the presence of Iranian diplomats and
representatives of other government and military or
quasi-governmental institutions of Iran and to withdraw any such
diplomats or representatives who participated in the takeover of
the United States embassy in Tehran on November 4, 1979, or the
subsequent holding of United States hostages for 444 days;
"(3) the extent to which the International Atomic Energy Agency
has established regular inspections of all nuclear facilities in
Iran, including those presently under construction; and
"(4) Iran's use of Iranian diplomats and representatives of
other government and military or quasi-governmental institutions
of Iran to promote acts of international terrorism or to develop
or sustain Iran's nuclear, chemical, biological, and missile
weapons programs.
"(b) Report on Effectiveness of Actions Under This Act. - Not
earlier than 24 months, and not later than 30 months, after the
date of the enactment of the ILSA Extension Act of 2001 [Aug. 3,
2001], the President shall transmit to Congress a report that
describes -
"(1) the extent to which actions relating to trade taken
pursuant to this Act -
"(A) have been effective in achieving the objectives of
section 3 and any other foreign policy or national security
objectives of the United States with respect to Iran and Libya;
and
"(B) have affected humanitarian interests in Iran and Libya,
the country in which the sanctioned person is located, or in
other countries; and
"(2) the impact of actions relating to trade taken pursuant to
this Act on other national security, economic, and foreign policy
interests of the United States, including relations with
countries friendly to the United States, and on the United States
economy.
The President may include in the report the President's
recommendation on whether or not this Act should be terminated or
modified.
"(c) Other Reports. - The President shall ensure the continued
transmittal to the Congress of reports describing -
"(1) the nuclear and other military capabilities of Iran, as
required by section 601(a) of the Nuclear Non-Proliferation Act
of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National
Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102-484
set out below]; and
"(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual report on
international terrorism.
"SEC. 11. DETERMINATIONS NOT REVIEWABLE.
"A determination to impose sanctions under this Act shall not be
reviewable in any court.
"SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
"Nothing in this Act shall apply to any activities subject to the
reporting requirements of title V of the National Security Act of
1947 [50 U.S.C. 413 et seq.].
"SEC. 13. EFFECTIVE DATE; SUNSET.
"(a) Effective Date. - This Act shall take effect on the date of
the enactment of this Act [Aug. 5, 1996].
"(b) Sunset. - This Act shall cease to be effective on the date
that is 10 years after the date of the enactment of this Act.
"SEC. 14. DEFINITIONS.
"As used in this Act:
"(1) Act of international terrorism. - The term 'act of
international terrorism' means an act -
"(A) which is violent or dangerous to human life and that is
a violation of the criminal laws of the United States or of any
State or that would be a criminal violation if committed within
the jurisdiction of the United States or any State; and
"(B) which appears to be intended -
"(i) to intimidate or coerce a civilian population;
"(ii) to influence the policy of a government by
intimidation or coercion; or
"(iii) to affect the conduct of a government by
assassination or kidnapping.
"(2) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
Finance, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Foreign Relations of the Senate and the
Committee on Ways and Means, the Committee on Banking and
Financial Services [now Committee on Financial Services], and the
Committee on International Relations of the House of
Representatives.
"(3) Component part. - The term 'component part' has the
meaning given that term in section 11A(e)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
"(4) Develop and development. - To 'develop', or the
'development' of, petroleum resources means the exploration for,
or the extraction, refining, or transportation by pipeline of,
petroleum resources.
"(5) Financial institution. - The term 'financial institution'
includes -
"(A) a depository institution (as defined in section 3(c)(1)
of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]),
including a branch or agency of a foreign bank (as defined in
section 1(b)(7) of the International Banking Act of 1978 [12
U.S.C. 3101(b)(7)]);
"(B) a credit union;
"(C) a securities firm, including a broker or dealer;
"(D) an insurance company, including an agency or
underwriter; and
"(E) any other company that provides financial services.
"(6) Finished product. - The term 'finished product' has the
meaning given that term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
"(7) Foreign person. - The term 'foreign person' means -
"(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the United
States; or
"(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
"(8) Goods and technology. - The terms 'goods' and 'technology'
have the meanings given those terms in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415).
"(9) Investment. - The term 'investment' means any of the
following activities if such activity is undertaken pursuant to
an agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Iran or a
nongovenmental [sic] entity in Iran, or with the Government of
Libya or a nongovernmental entity in Libya, on or after the date
of the enactment of this Act [Aug. 5, 1996]:
"(A) The entry into a contract that includes responsibility
for the development of petroleum resources located in Iran or
Libya (as the case may be), or the entry into a contract
providing for the general supervision and guarantee of another
person's performance of such a contract.
"(B) The purchase of a share of ownership, including an
equity interest, in that development.
"(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation.
The term 'investment' does not include the entry into,
performance, or financing of a contract to sell or purchase
goods, services, or technology. For purposes of this paragraph,
an amendment or other modification that is made, on or after June
13, 2001, to an agreement or contract shall be treated as the
entry of an agreement or contract.
"(10) Iran. - The term 'Iran' includes any agency or
instrumentality of Iran.
"(11) Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of iran. - The
term 'Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of Iran' includes
employees, representatives, or affiliates of Iran's -
"(A) Foreign Ministry;
"(B) Ministry of Intelligence and Security;
"(C) Revolutionary Guard Corps;
"(D) Crusade for Reconstruction;
"(E) Qods (Jerusalem) Forces;
"(F) Interior Ministry;
"(G) Foundation for the Oppressed and Disabled;
"(H) Prophet's Foundation;
"(I) June 5th Foundation;
"(J) Martyr's Foundation;
"(K) Islamic Propagation Organization; and
"(L) Ministry of Islamic Guidance.
"(12) Libya. - The term 'Libya' includes any agency or
instrumentality of Libya.
"(13) Nuclear explosive device. - The term 'nuclear explosive
device' means any device, whether assembled or disassembled, that
is designed to produce an instantaneous release of an amount of
nuclear energy from special nuclear material (as defined in
section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C.
2014(aa)]) that is greater than the amount of energy that would
be released from the detonation of one pound of trinitrotoluene
(TNT).
"(14) Person. - The term 'person' means -
"(A) a natural person;
"(B) a corporation, business association, partnership,
society, trust, any other nongovernmental entity, organization,
or group, and any governmental entity operating as a business
enterprise; and
"(C) any successor to any entity described in subparagraph
(B).
"(15) Petroleum resources. - The term 'petroleum resources'
includes petroleum and natural gas resources.
"(16) United states or state. - The term 'United States' or
'State' means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United
States.
"(17) United states person. - The term 'United States person'
means -
"(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
"(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly, more
than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity."
[Pub. L. 107-24, Sec. 2(b), Aug. 3, 2001, 115 Stat. 199, provided
that: "The amendments made by subsection (a) [amending section 5 of
Pub. L. 104-172, set out above] shall apply to investments made on
or after June 13, 2001."]
[Memorandum of President of the United States, Nov. 21, 1996, 61
F.R. 64249, delegated to the Secretary of State, in consultation
with the Departments of the Treasury and Commerce and the United
States Trade Representative, and with the Export-Import Bank and
Federal Reserve Board and other interested agencies as appropriate
functions vested in the President by sections 4(c), 5(a), (b), (c),
(f), 6(1), (2), and 9(c) of Pub. L. 104-172, set out above,
delegated to the Secretary of State functions vested in the
President by sections 4(a), (b), (d), (e), 5(d), (e), 9(a), (b),
and 10 of Pub. L. 104-172, provided that any reference to
provisions of any Act related to the subject of the memorandum be
deemed to include references to any subsequent provision of law
that is the same or substantially the same as such provisions, and
provided that only the functions vested in the President by
sections 4(a), (b), (d), (e), 5(d), (e), and 10 of Pub. L. 104-172
and delegated by the memorandum could be redelegated.]
SANCTIONS AGAINST SERBIA AND MONTENEGRO
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 599],
Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that:
"(a) Continuation of Executive Branch Sanctions. - The sanctions
listed in subsection (b) shall remain in effect for fiscal year
2000, unless the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations of the
House of Representatives a certification described in subsection
(c).
"(b) Applicable Sanctions. -
"(1) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical
assistance or grants of any kind to the government of Serbia.
"(2) The Secretary of State should instruct the United States
Ambassador to the Organization for Security and Cooperation in
Europe (OSCE) to block any consensus to allow the participation
of Serbia in the OSCE or any organization affiliated with the
OSCE.
"(3) The Secretary of State should instruct the United States
Representative to the United Nations to vote against any
resolution in the United Nations Security Council to admit Serbia
to the United Nations or any organization affiliated with the
United Nations, to veto any resolution to allow Serbia to assume
the United Nations' membership of the former Socialist Federal
Republic of Yugoslavia, and to take action to prevent Serbia from
assuming the seat formerly occupied by the Socialist Federal
Republic of Yugoslavia.
"(4) The Secretary of State should instruct the United States
Permanent Representative on the Council of the North Atlantic
Treaty Organization to oppose the extension of the Partnership
for Peace program or any other organization affiliated with NATO
to Serbia.
"(5) The Secretary of State should instruct the United States
Representatives to the Southeast European Cooperative Initiative
(SECI) to oppose and to work to prevent the extension of SECI
membership to Serbia.
"(c) Certification. - A certification described in this
subsection is a certification that -
"(1) the representatives of the successor states to the
Socialist Federal Republic of Yugoslavia have successfully
negotiated the division of assets and liabilities and all other
succession issues following the dissolution of the Socialist
Federal Republic of Yugoslavia;
"(2) the Government of Serbia is fully complying with its
obligations as a signatory to the General Framework Agreement for
Peace in Bosnia and Herzegovina;
"(3) the Government of Serbia is fully cooperating with and
providing unrestricted access to the International Criminal
Tribunal for the former Yugoslavia, including surrendering
persons indicted for war crimes who are within the jurisdiction
of the territory of Serbia, and with the investigations
concerning the commission of war crimes and crimes against
humanity in Kosova;
"(4) the Government of Serbia is implementing internal
democratic reforms; and
"(5) Serbian federal governmental officials, and
representatives of the ethnic Albanian community in Kosova have
agreed on, signed, and begun implementation of a negotiated
settlement on the future status of Kosova.
"(d) Statement of Policy. - It is the sense of the Congress that
the United States should not restore full diplomatic relations with
Serbia until the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations in the
House of Representatives the certification described in subsection
(c).
"(e) Exemption of Montenegro and Kosova. - The sanctions
described in subsection (b) shall not apply to Montenegro or
Kosova.
"(f) Definition. - The term 'international financial institution'
includes the International Monetary Fund, the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Multilateral Investment Guaranty Agency, and the European Bank for
Reconstruction and Development.
"(g) Waiver Authority. - The President may waive the application
in whole or in part, of any sanction described in subsection (b) if
the President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs."
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 539], Oct.
21, 1998, 112 Stat. 2681-150, 2681-182, provided that:
"(a) Restrictions. - None of the funds in this or any other Act
may be made available to modify or remove any sanction, prohibition
or requirement with respect to Serbia-Montenegro unless the
President first submits to the Congress a certification described
in subsection (c).
"(b) International Financial Institutions. - The Secretary of the
Treasury shall instruct the United States executive directors of
the international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to the
government of Serbia-Montenegro, unless the President first submits
to the Congress a certification described in subsection (c).
"(c) Certification. - A certification described in this
subsection is a certification that -
"(1) there is substantial improvement in the human rights
situation in Kosova;
"(2) international human rights observers are allowed to return
to Kosova;
"(3) Serbian, Serbian-Montenegrin federal government officials,
and representatives of the ethnic Albanian community in Kosova
have agreed on and begun implementation of a negotiated
settlement on the future status of Kosova; and
"(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
"(d) Waiver Authority. - The President may waive the application,
in whole or in part, of subsections (a) and (b) if he certifies in
writing to the Congress that the waiver is necessary to meet
emergency humanitarian needs or to advance negotiations toward a
peaceful settlement of the conflict in Kosova that is acceptable to
the parties.
"(e) Exemption for Montenegro. - This section shall not apply to
Montenegro."
[For delegation of functions of President under section 101(d)
[title V, Sec. 539] of div. A of Pub. L. 105-277, set out above,
see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,
set out as a note under section 2381 of Title 22, Foreign Relations
and Intercourse.]
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
540], Sept. 30, 1996, 110 Stat. 3009-121, 3009-155.
Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110
Stat. 737.
Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107
Stat. 1839, provided that:
"(a) Codification of Executive Branch Sanctions. - The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act [Nov. 30, 1993], that were imposed by or
pursuant to the following directives of the executive branch shall
(except as provided under subsections (d) and (e)) remain in effect
until changed by law:
"(1) Executive Order 12808 of May 30, 1992 [set out below], as
continued in effect on May 25, 1993.
"(2) Executive Order 12810 of June 5, 1992 [set out below].
"(3) Executive Order 12831 of January 15, 1993 [set out below].
"(4) Executive Order 12846 of April 25, 1993 [set out below].
"(5) Department of State Public Notice 1427, effective July 11,
1991.
"(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
"(7) Department of Transportation Order 92-5-38 of May 20,
1992.
"(8) Federal Aviation Administration action of June 19, 1992
(14 C.F.R. Part 91).
"(b) Prohibition on Assistance. - No funds appropriated or
otherwise made available by law may be obligated or expended on
behalf of the government of Serbia or the government of Montenegro.
"(c) International Financial Institutions. - The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance from that institution
to the government of Serbia or the government of Montenegro, except
for basic human needs.
"(d) Exception. - Notwithstanding any other provision of law, the
President is authorized and encouraged to exempt from sanctions
imposed against Serbia and Montenegro that are described in
subsection (a) those United States-supported programs, projects, or
activities that involve reform of the electoral process, the
development of democratic institutions or democratic political
parties, or humanitarian assistance (including refugee care and
human rights observation).
"(e) Waiver Authority. - (1) The President may waive or modify
the application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the
requirement in subsection (c).
"(2) Such a waiver or modification may only be effective upon
certification by the President to Congress that the President has
determined that the waiver or modification is necessary (A) to meet
emergency humanitarian needs, or (B) to achieve a negotiated
settlement of the conflict in Bosnia-Herzegovina that is acceptable
to the parties."
-EXEC-
PRESIDENTIAL CERTIFICATION TO SUSPEND SANCTIONS IMPOSED ON THE
GOVERNMENT OF SERBIA AND THE GOVERNMENT OF MONTENEGRO
Determination of President of the United States, No. 01-7, Dec.
19, 2000, 66 F.R. 1013, provided:
Memorandum for the Secretary of Defense [and] the Secretary of
the Treasury
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set
out as a note above], I hereby certify to the Congress that I have
determined that the waiver of the application of subsections
1511(b) and (c) of Public Law 103-160 is necessary to achieve a
negotiated settlement of the conflict in Bosnia-Herzegovina that is
acceptable to the parties, to the extent that such provisions apply
to the furnishing of assistance to the Government of Serbia and to
the support of assistance from international financial institutions
to the Government of Serbia and the Government of Montenegro.
Therefore, I hereby waive the application of these provisions
with respect to such assistance and support.
The Secretary of Defense is authorized and directed to transmit a
copy of this determination to the Congress and arrange for its
publication in the Federal Register.
William J. Clinton.
Determination of President of the United States, No. 99-14, Feb.
16, 1999, 64 F.R. 9263, provided:
Memorandum for the Secretary of Defense
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set
out as a note above], I hereby certify to the Congress that I have
determined that the waiver of the application of the prohibition in
section 1511(b) of Public Law 103-160 is necessary to achieve a
negotiated settlement of the conflict in Bosnia-Herzegovina that is
acceptable to the parties, to the extent that such provision
applies to the furnishing of assistance to the Republic of
Montenegro.
Therefore, I hereby waive the application of this provision with
respect to such assistance.
You are authorized and directed to transmit a copy of this
determination to the Congress and arrange for its publication in
the Federal Register.
William J. Clinton.
Determination of President of the United States, No. 97-26, May
30, 1997, 62 F.R. 32015, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set
out as a note above] and section 540 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997
(contained in Public Law 104-208 (the "Act")) [formerly set out as
a note above], I hereby certify to the Congress that I have
determined that the waiver of the application of the prohibition in
section 1511(b) of Public Law 103-160 and of the application of
section 540(a) of the Act is necessary to achieve a negotiated
settlement of the conflict in Bosnia and Herzegovina that is
acceptable to the parties, to the extent that such provisions apply
to the furnishing of assistance to facilitate destruction of
military equipment.
Therefore, I hereby waive the application of these provisions
with respect to such assistance.
You are authorized and directed to transmit a copy of this
determination to the Congress and arrange for its publication in
the Federal Register.
William J. Clinton.
Determination of the President of the United States, No. 96-7,
Dec. 27, 1995, 61 F.R. 2887, provided:
Memorandum for the Secretary of State, the Secretary of the
Treasury [and] the Secretary of Transportation
Pursuant to the authority vested in me by section 1511(e)(2) of
the National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160) [set out above] (the "Act"), I hereby determine that
the waiver or modification of the sanctions on Serbia and
Montenegro that were imposed by or pursuant to the directives
described in section 1511(a)(1-5) and (7-8) of the Act, in
conformity with the provisions of United Nations Security Council
Resolutions 1021 and 1022 of November 22, 1995, is necessary to
achieve a negotiated settlement of the conflict in
Bosnia-Herzegovina that is acceptable to the parties.
Therefore, I hereby direct the Secretary of the Treasury to take
appropriate action to suspend the application of the sanctions
imposed on Serbia and Montenegro pursuant to Executive Order No.
12808 of May 30, 1992 [set out below], Executive Order No. 12810 of
June 5, 1992 [set out below], Executive Order No. 12831 of January
15, 1993 [set out below], and Executive Order No. 12846 of April
25, 1993 [set out below], effective upon the transmittal of this
determination to the Congress. The property and interests in
property previously blocked remain blocked until provision is made
to address claims or encumbrances, including the claims of the
other successor states of the former Yugoslavia.
I hereby direct the Secretary of Transportation to take
appropriate action to suspend the application of the sanctions
imposed pursuant to Department of Transportation Order 92-5-38 of
May 20, 1992, Department of Transportation Order 92-6-27 of June
12, 1992, and Special Federal Aviation Regulation No. 66-2 of May
31, 1995 (14 C.F.R. Part 91, 60 Federal Register 28477), effective
upon the transmittal of this determination to the Congress.
I hereby authorize the Secretary of State to take appropriate
action to suspend the application of the sanctions imposed pursuant
to Department of State Public Notice 1427 of July 11, 1991, at the
appropriate time in conformity with the provisions of United
Nations Security Council Resolution 1021 of November 22, 1995.
The national emergency declared in Executive Order No. 12808 [set
out below] and expanded in Executive Order No. 12934 [set out
below] shall continue in effect.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
William J. Clinton.
-MISC2-
IRAN-IRAQ ARMS NON-PROLIFERATION
Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat.
2571, as amended by Pub. L. 104-106, div. A, title XIV, Sec.
1408(a)-(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107-228, div. B,
title XIII, Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441,
provided that:
"SEC. 1601. SHORT TITLE.
"This title may be cited as the 'Iran-Iraq Arms Non-Proliferation
Act of 1992'.
"SEC. 1602. UNITED STATES POLICY.
"(a) In General. - It shall be the policy of the United States to
oppose, and urgently to seek the agreement of other nations also to
oppose, any transfer to Iran or Iraq of any goods or technology,
including dual-use goods or technology, wherever that transfer
could materially contribute to either country's acquiring chemical,
biological, nuclear, or destabilizing numbers and types of advanced
conventional weapons.
"(b) Sanctions. - (1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to Iran,
Iraq, and those nations and persons who assist them in acquiring
weapons of mass destruction in accordance with the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear
Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the
Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export
Control Act [22 U.S.C. 2797 et seq.], and other relevant statutes,
regarding the non-proliferation of weapons of mass destruction and
the means of their delivery.
"(2) The President should also urgently seek the agreement of
other nations to adopt and institute, at the earliest practicable
date, sanctions and controls comparable to those the United States
is obligated to apply under this subsection.
"(c) Public Identification. - The Congress calls on the President
to identify publicly (in the report required by section 1607) any
country or person that transfers goods or technology to Iran or
Iraq contrary to the policy set forth in subsection (a).
"SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
"The sanctions against Iraq specified in paragraphs (1) through
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as
contained in Public Law 101-513) [set out below], including denial
of export licenses for United States persons and prohibitions on
United States Government sales, shall be applied to the same extent
and in the same manner with respect to Iran.
"SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
"(a) Prohibition. - If any person transfers or retransfers goods
or technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then the sanctions described in subsection
(b) shall be imposed.
"(b) Mandatory Sanctions. - The sanctions to be imposed pursuant
to subsection (a) are as follows:
"(1) Procurement sanction. - For a period of two years, the
United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
"(2) Export sanction. - For a period of two years, the United
States Government shall not issue any license for any export by
or to the sanctioned person.
"SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
"(a) Prohibition. - If the President determines that the
government of any foreign country transfers or retransfers goods or
technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then -
"(1) the sanctions described in subsection (b) shall be imposed
on such country; and
"(2) in addition, the President may apply, in the discretion of
the President, the sanction described in subsection (c).
"(b) Mandatory Sanctions. - Except as provided in paragraph (2),
the sanctions to be imposed pursuant to subsection (a)(1) are as
follows:
"(1) Suspension of united states assistance. - The United
States Government shall suspend, for a period of one year, United
States assistance to the sanctioned country.
"(2) Multilateral development bank assistance. - The Secretary
of the Treasury shall instruct the United States Executive
Director to each appropriate international financial institution
to oppose, and vote against, for a period of one year, the
extension by such institution of any loan or financial or
technical assistance to the sanctioned country.
"(3) Suspension of codevelopment or coproduction agreements. -
The United States shall suspend, for a period of one year,
compliance with its obligations under any memorandum of
understanding with the sanctioned country for the codevelopment
or coproduction of any item on the United States Munitions List
(established under section 38 of the Arms Export Control Act [22
U.S.C. 2778]), including any obligation for implementation of the
memorandum of understanding through the sale to the sanctioned
country of technical data or assistance or the licensing for
export to the sanctioned country of any component part.
"(4) Suspension of military and dual-use technical exchange
agreements. - The United States shall suspend, for a period of
one year, compliance with its obligations under any technical
exchange agreement involving military and dual-use technology
between the United States and the sanctioned country that does
not directly contribute to the security of the United States, and
no military or dual-use technology may be exported from the
United States to the sanctioned country pursuant to that
agreement during that period.
"(5) United states munitions list. - No item on the United
States Munitions List (established pursuant to section 38 of the
Arms Export Control Act) may be exported to the sanctioned
country for a period of one year.
"(c) Discretionary Sanction. - The sanction referred to in
subsection (a)(2) is as follows:
"(1) Use of authorities of international emergency economic
powers act. - Except as provided in paragraph (2), the President
may exercise, in accordance with the provisions of that Act [50
U.S.C. 1701 et seq.], the authorities of the International
Emergency Economic Powers Act with respect to the sanctioned
country.
"(2) Exception. - Paragraph (1) does not apply with respect to
urgent humanitarian assistance.
"SEC. 1606. WAIVER.
"The President may waive the requirement to impose a sanction
described in section 1603, in the case of Iran, or a sanction
described in section 1604(b) or 1605(b), in the case of Iraq and
Iran, 15 days after the President determines and so reports to the
Committees on Armed Services and Foreign Relations of the Senate
and the Committees on Armed Services and Foreign Affairs [now
Committee on International Relations] of the House of
Representatives that it is essential to the national interest of
the United States to exercise such waiver authority. Any such
report shall provide a specific and detailed rationale for such
determination.
"SEC. 1607. REPORTING REQUIREMENT.
"[(a) Repealed. Pub. L. 107-228, div. B, title XIII, Sec.
1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]
"(b) Report on Individual Transfers. - Whenever the President
determines that a person or foreign government has made a transfer
which is subject to any sanction under this title, the President
shall, within 30 days after such transfer, submit to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs [now Committee on
International Relations] of the House of Representatives a report -
"(1) identifying the person or government and providing the
details of the transfer; and
"(2) describing the actions the President intends to undertake
or has undertaken under the provisions of this title with respect
to each such transfer.
"(c) Form of Transmittal. - Reports required by this section may
be submitted in classified as well as in unclassified form.
"SEC. 1608. DEFINITIONS.
"For purposes of this title:
"(1) The term 'advanced conventional weapons' includes -
"(A) such long-range precision-guided munitions, fuel air
explosives, cruise missiles, low observability aircraft, other
radar evading aircraft, advanced military aircraft, military
satellites, electromagnetic weapons, and laser weapons as the
President determines destabilize the military balance or
enhance offensive capabilities in destabilizing ways;
"(B) such advanced command, control, and communications
systems, electronic warfare systems, or intelligence collection
systems as the President determines destabilize the military
balance or enhance offensive capabilities in destabilizing
ways; and
"(C) such other items or systems as the President may, by
regulation, determine necessary for purposes of this title.
"(2) The term 'cruise missile' means guided missiles that use
aerodynamic lift to offset gravity and propulsion to counteract
drag.
"(3) The term 'goods or technology' means -
"(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment; and
"(B) any information and know-how (whether in tangible form,
such as models, prototypes, drawings, sketches, diagrams,
blueprints, or manuals, or in intangible form, such as training
or technical services) that can be used to design, produce,
manufacture, utilize, or reconstruct goods, including computer
software and technical data.
"(4) The term 'person' means any United States or foreign
individual, partnership, corporation, or other form of
association, or any of their successor entities, parents, or
subsidiaries.
"(5) The term 'sanctioned country' means a country against
which sanctions are required to be imposed pursuant to section
1605.
"(6) The term 'sanctioned person' means a person that makes a
transfer described in section 1604(a).
"(7) The term 'United States assistance' means -
"(A) any assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), other than urgent humanitarian
assistance or medicine;
"(B) sales and assistance under the Arms Export Control Act
[22 U.S.C. 2751 et seq.];
"(C) financing by the Commodity Credit Corporation for export
sales of agricultural commodities; and
"(D) financing under the Export-Import Bank Act [of 1945] [22
U.S.C. 635 et seq.]."
[Memorandum of President of the United States, Sept. 27, 1994, 59
F.R. 50685, delegated to Secretary of State, in consultation with
heads of other departments and agencies, all functions vested in
President under title XVI of Pub. L. 102-484, set out above,
without limitation of authority of other officials to exercise
powers heretofore or hereafter delegated to them to implement
sanctions imposed or actions directed by the Secretary pursuant to
this delegation of authority.]
PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ
Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which
authorized President to vest title in a portion of property in
which transactions were blocked pursuant to Executive Order 12722
in order to satisfy obligations owed to United States Government
and United States nationals for which Iraq had suspended repayment,
was repealed by Pub. L. 102-27, title IV, Sec. 402(a), Apr. 10,
1991, 105 Stat. 155, as amended by Pub. L. 102-136, Sec. 126, Oct.
25, 1991, 105 Stat. 643, effective Nov. 5, 1990.
IRAQ SANCTIONS
Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104 Stat.
2047-2054, provided that:
"SEC. 586. SHORT TITLE.
"Sections 586 through 586J of this Act may be cited as the 'Iraq
Sanctions Act of 1990'.
"SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
"The Congress -
"(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
"(2) supports the actions that have been taken by the President
in response to that invasion;
"(3) calls for the immediate and unconditional withdrawal of
Iraqi forces from Kuwait;
"(4) supports the efforts of the United Nations Security
Council to end this violation of international law and threat to
international peace;
"(5) supports the imposition and enforcement of multilateral
sanctions against Iraq;
"(6) calls on United States allies and other countries to
support fully the efforts of the United Nations Security Council,
and to take other appropriate actions, to bring about an end to
Iraq's occupation of Kuwait; and
"(7) condemns the brutal occupation of Kuwait by Iraq and its
gross violations of internationally recognized human rights in
Kuwait, including widespread arrests, torture, summary
executions, and mass extrajudicial killings.
"SEC. 586B. CONSULTATIONS WITH CONGRESS.
"The President shall keep the Congress fully informed, and shall
consult with the Congress, with respect to current and anticipated
events regarding the international crisis caused by Iraq's invasion
of Kuwait, including with respect to United States actions.
"SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
"(a) Continuation of Embargo. - Except as otherwise provided in
this section, the President shall continue to impose the trade
embargo and other economic sanctions with respect to Iraq and
Kuwait that the United States is imposing, in response to Iraq's
invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and
12725 [set out below] (August 9, 1990) and, to the extent they are
still in effect, Executive Orders Numbered 12722 and 12723 [set out
below] (August 2, 1990). Notwithstanding any other provision of
law, no funds, credits, guarantees, or insurance appropriated or
otherwise made available by this or any other Act for fiscal year
1991 or any fiscal year thereafter shall be used to support or
administer any financial or commercial operation of any United
States Government department, agency, or other entity, or of any
person subject to the jurisdiction of the United States, for the
benefit of the Government of Iraq, its agencies or
instrumentalities, or any person working on behalf of the
Government of Iraq, contrary to the trade embargo and other
economic sanctions imposed in accordance with this section.
"(b) Humanitarian Assistance. - To the extent that transactions
involving foodstuffs or payments for foodstuffs are exempted 'in
humanitarian circumstances' from the prohibitions established by
the United States pursuant to United Nations Security Council
Resolution 661 (1990), those exemptions shall be limited to
foodstuffs that are to be provided consistent with United Nations
Security Council Resolution 666 (1990) and other relevant Security
Council resolutions.
"(c) Notice to Congress of Exceptions to and Termination of
Sanctions. -
"(1) Notice of regulations. - Any regulations issued after the
date of enactment of this Act [Nov. 5, 1990] with respect to the
economic sanctions imposed with respect to Iraq and Kuwait by the
United States under Executive Orders Numbered 12722 and 12723
(August 2, 1990) and Executive Orders Numbered 12724 and 12725
(August 9, 1990) shall be submitted to the Congress before those
regulations take effect.
"(2) Notice of termination of sanctions. - The President shall
notify the Congress at least 15 days before the termination, in
whole or in part, of any sanction imposed with respect to Iraq or
Kuwait pursuant to those Executive orders.
"(d) Relation to Other Laws. -
"(1) Sanctions legislation. - The sanctions that are described
in subsection (a) are in addition to, and not in lieu of the
sanctions provided for in section 586G of this Act or any other
provision of law.
"(2) National emergencies and united nations legislation. -
Nothing in this section supersedes any provision of the National
Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the
President under the International Emergency Economic Powers Act
[50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations
Participation Act of 1945 [22 U.S.C. 287c(a)].
"SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ.
"(a) Denial of Assistance. - None of the funds appropriated or
otherwise made available pursuant to this Act [see Tables for
classification] to carry out the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22
U.S.C. 2191 et seq.], relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et
seq.] may be used to provide assistance to any country that is not
in compliance with the United Nations Security Council sanctions
against Iraq unless the President determines and so certifies to
the Congress that -
"(1) such assistance is in the national interest of the United
States;
"(2) such assistance will directly benefit the needy people in
that country; or
"(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
"(b) Import Sanctions. - If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not prohibited
-
"(1) the importation of products of Iraq into its customs
territory, and
"(2) the export of its products to Iraq.
"SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
"Notwithstanding section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United
Nations Participation Act of 1945 (22 U.S.C. 287c(b)) -
"(1) a civil penalty of not to exceed $250,000 may be imposed
on any person who, after the date of enactment of this Act [Nov.
5, 1990], violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 [set out
below] or any license, order, or regulation issued under any such
Executive order; and
"(2) whoever, after the date of enactment of this Act,
willfully violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 or any
license, order, or regulation issued under any such Executive
order -
"(A) shall, upon conviction, be fined not more than
$1,000,000, if a person other than a natural person; or
"(B) if a natural person, shall, upon conviction, be fined
not more than $1,000,000, be imprisoned for not more than 12
years, or both.
Any officer, director, or agent of any corporation who knowingly
participates in a violation, evasion, or attempt described in
paragraph (2) may be punished by imposition of the fine or
imprisonment (or both) specified in subparagraph (B) of that
paragraph.
"SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING
VIOLATIONS OF INTERNATIONAL LAW.
"(a) Iraq's Violations of International Law. - The Congress
determines that -
"(1) the Government of Iraq has demonstrated repeated and
blatant disregard for its obligations under international law by
violating the Charter of the United Nations, the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare (done at Geneva,
June 17, 1925), as well as other international treaties;
"(2) the Government of Iraq is a party to the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights and is
obligated under the Covenants, as well as the Universal
Declaration of Human Rights, to respect internationally
recognized human rights;
"(3) the State Department's Country Reports on Human Rights
Practices for 1989 again characterizes Iraq's human rights record
as 'abysmal';
"(4) Amnesty International, Middle East Watch, and other
independent human rights organizations have documented extensive,
systematic, and continuing human rights abuses by the Government
of Iraq, including summary executions, mass political killings,
disappearances, widespread use of torture, arbitrary arrests and
prolonged detention without trial of thousands of political
opponents, forced relocation and deportation, denial of nearly
all civil and political rights such as freedom of association,
assembly, speech, and the press, and the imprisonment, torture,
and execution of children;
"(5) since 1987, the Government of Iraq has intensified its
severe repression of the Kurdish minority of Iraq, deliberately
destroyed more than 3,000 villages and towns in the Kurdish
regions, and forcibly expelled more than 500,000 people, thus
effectively depopulating the rural areas of Iraqi Kurdistan;
"(6) Iraq has blatantly violated international law by
initiating use of chemical weapons in the Iran-Iraq war;
"(7) Iraq has also violated international law by using chemical
weapons against its own Kurdish citizens, resulting in tens of
thousands of deaths and more than 65,000 refugees;
"(8) Iraq continues to expand its chemical weapons capability,
and President Saddam Hussein has threatened to use chemical
weapons against other nations;
"(9) persuasive evidence exists that Iraq is developing
biological weapons in violation of international law;
"(10) there are strong indications that Iraq has taken steps to
produce nuclear weapons and has attempted to smuggle from the
United States, in violation of United States law, components for
triggering devices used in nuclear warheads whose manufacture
would contravene the Treaty on the Non-Proliferation of Nuclear
Weapons, to which Iraq is a party; and
"(11) Iraqi President Saddam Hussein has threatened to use
terrorism against other nations in violation of international law
and has increased Iraq's support for the Palestine Liberation
Organization and other Palestinian groups that have conducted
terrorist acts.
"(b) Human Rights Violations. - The Congress determines that the
Government of Iraq is engaged in a consistent pattern of gross
violations of internationally recognized human rights. All
provisions of law that impose sanctions against a country whose
government is engaged in a consistent pattern of gross violations
of internationally recognized human rights shall be fully enforced
against Iraq.
"(c) Support for International Terrorism. - (1) The Congress
determines that Iraq is a country which has repeatedly provided
support for acts of international terrorism, a country which grants
sanctuary from prosecution to individuals or groups which have
committed an act of international terrorism, and a country which
otherwise supports international terrorism. The provisions of law
specified in paragraph (2) and all other provisions of law that
impose sanctions against a country which has repeatedly provided
support for acts of international terrorism, which grants sanctuary
from prosecution to an individual or group which has committed an
act of international terrorism, or which otherwise supports
international terrorism shall be fully enforced against Iraq.
"(2) The provisions of law referred to in paragraph (1) are -
"(A) section 40 of the Arms Export Control Act [22 U.S.C.
2780];
"(B) section 620A of the Foreign Assistance Act of 1961 [22
U.S.C. 2371];
"(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022]
(and the corresponding sections of predecessor foreign operations
appropriations Acts); and
"(D) section 555 of the International Security and Development
Cooperation Act of 1985 [99 Stat. 227].
"(d) Multilateral Cooperation. - The Congress calls on the
President to seek multilateral cooperation -
"(1) to deny dangerous technologies to Iraq;
"(2) to induce Iraq to respect internationally recognized human
rights; and
"(3) to induce Iraq to allow appropriate international
humanitarian and human rights organizations to have access to
Iraq and Kuwait, including the areas in northern Iraq
traditionally inhabited by Kurds.
"SEC. 586G. SANCTIONS AGAINST IRAQ.
"(a) Imposition. - Except as provided in section 586H, the
following sanctions shall apply with respect to Iraq:
"(1) FMS sales. - The United States Government shall not enter
into any sale with Iraq under the Arms Export Control Act [22
U.S.C. 2751 et seq.].
"(2) Commercial arms sales. - Licenses shall not be issued for
the export to Iraq of any item on the United States Munitions
List.
"(3) Exports of certain goods and technology. - The authorities
of section 6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2405) shall be used to prohibit the export to Iraq of any
goods or technology listed pursuant to that section or section
5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) on the control
list provided for in section 4(b) of that Act (50 U.S.C. App.
2403(b)).
"(4) Nuclear equipment, materials, and technology. -
"(A) NRC licenses. - The Nuclear Regulatory Commission shall
not issue any license or other authorization under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 and following) for the
export to Iraq of any source or special nuclear material, any
production or utilization facility, any sensitive nuclear
technology, any component, item, or substance determined to
have significance for nuclear explosive purposes pursuant to
section 109b. of the Atomic Energy Act of 1954 (42 U.S.C.
2139(b)), or any other material or technology requiring such a
license or authorization.
"(B) Distribution of nuclear materials. - The authority of
the Atomic Energy Act of 1954 shall not be used to distribute
any special nuclear material, source material, or byproduct
material to Iraq.
"(C) DOE authorizations. - The Secretary of Energy shall not
provide a specific authorization under section 57b.(2) of the
Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any
activity that would constitute directly or indirectly engaging
in Iraq in activities that require a specific authorization
under that section.
"(5) Assistance from international financial institutions. -
The United States shall oppose any loan or financial or technical
assistance to Iraq by international financial institutions in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d).
"(6) Assistance through the export-import bank. - Credits and
credit guarantees through the Export-Import Bank of the United
States shall be denied to Iraq.
"(7) Assistance through the commodity credit corporation. -
Credit, credit guarantees, and other assistance through the
Commodity Credit Corporation shall be denied to Iraq.
"(8) Foreign assistance. - All forms of assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following)
other than emergency assistance for medical supplies and other
forms of emergency humanitarian assistance, and under the Arms
Export Control Act (22 U.S.C. 2751 and following) shall be denied
to Iraq.
"(b) Contract Sanctity. - For purposes of the export controls
imposed pursuant to subsection (a)(3), the date described in
subsection (m)(1) of section 6 of the Export Administration Act of
1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 1990.
"SEC. 586H. WAIVER AUTHORITY.
"(a) In General. - The President may waive the requirements of
any paragraph of section 586G(a) if the President makes a
certification under subsection (b) or subsection (c).
"(b) Certification of Fundamental Changes in Iraqi Policies and
Actions. - The authority of subsection (a) may be exercised 60 days
after the President certifies to the Congress that -
"(1) the Government of Iraq -
"(A) has demonstrated, through a pattern of conduct,
substantial improvement in its respect for internationally
recognized human rights;
"(B) is not acquiring, developing, or manufacturing (i)
ballistic missiles, (ii) chemical, biological, or nuclear
weapons, or (iii) components for such weapons; has forsworn the
first use of such weapons; and is taking substantial and
verifiable steps to destroy or otherwise dispose of any such
missiles and weapons it possesses; and
"(C) does not provide support for international terrorism;
"(2) the Government of Iraq is in substantial compliance with
its obligations under international law, including -
"(A) the Charter of the United Nations;
"(B) the International Covenant on Civil and Political Rights
(done at New York, December 16, 1966) and the International
Covenant on Economic, Social, and Cultural Rights (done at New
York, December 16, 1966);
"(C) the Convention on the Prevention and Punishment of the
Crime of Genocide (done at Paris, December 9, 1948);
"(D) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare (done at Geneva, June 17, 1925);
"(E) the Treaty on the Non-Proliferation of Nuclear Weapons
(done at Washington, London, and Moscow, July 1, 1968); and
"(F) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (done at Washington,
London, and Moscow, April 10, 1972); and
"(3) the President has determined that it is essential to the
national interests of the United States to exercise the authority
of subsection (a).
"(c) Certification of Fundamental Changes in Iraqi Leadership and
Policies. - The authority of subsection (a) may be exercised 30
days after the President certifies to the Congress that -
"(1) there has been a fundamental change in the leadership of
the Government of Iraq; and
"(2) the new Government of Iraq has provided reliable and
credible assurance that -
"(A) it respects internationally recognized human rights and
it will demonstrate such respect through its conduct;
"(B) it is not acquiring, developing, or manufacturing and it
will not acquire, develop, or manufacture (i) ballistic
missiles, (ii) chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn the first use
of such weapons; and is taking substantial and verifiable steps
to destroy or otherwise dispose of any such missiles and
weapons it possesses;
"(C) it is not and will not provide support for international
terrorism; and
"(D) it is and will continue to be in substantial compliance
with its obligations under international law, including all the
treaties specified in subparagraphs (A) through (F) of
subsection (b)(2).
"(d) Information To Be Included in Certifications. - Any
certification under subsection (b) or (c) shall include the
justification for each determination required by that subsection.
The certification shall also specify which paragraphs of section
586G(a) the President will waive pursuant to that certification.
"SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR
WEAPONS CAPABILITY.
"(a) Restriction on Export Licenses. - None of the funds
appropriated by this or any other Act may be used to approve the
licensing for export of any supercomputer to any country whose
government the President determines is assisting, or whose
government officials the President determines are assisting, Iraq
to improve its rocket technology or chemical, biological, or
nuclear weapons capability.
"(b) Negotiations. - The President is directed to begin immediate
negotiations with those governments with which the United States
has bilateral supercomputer agreements, including the Government of
the United Kingdom and the Government of Japan, on conditions
restricting the transfer to Iraq of supercomputer or associated
technology.
"SEC. 586J. REPORTS TO CONGRESS.
"(a) Study and Report on the International Export to Iraq of
Nuclear, Biological, Chemical, and Ballistic Missile Technology. -
(1) The President shall conduct a study on the sale, export, and
third party transfer or development of nuclear, biological,
chemical, and ballistic missile technology to or with Iraq
including -
"(A) an identification of specific countries, as well as
companies and individuals, both foreign and domestic, engaged in
such sale or export of, nuclear, biological, chemical, and
ballistic missile technology;
"(B) a detailed description and analysis of the international
supply, information, support, and coproduction network,
individual, corporate, and state, responsible for Iraq's current
capability in the area of nuclear, biological, chemical, and
ballistic missile technology; and
"(C) a recommendation of standards and procedures against which
to measure and verify a decision of the Government of Iraq to
terminate the development, production, coproduction, and
deployment of nuclear, biological, chemical, and offensive
ballistic missile technology as well as the destruction of all
existing facilities associated with such technologies.
"(2) The President shall include in the study required by
paragraph (1) specific recommendations on new mechanisms, to
include, but not be limited to, legal, political, economic and
regulatory, whereby the United States might contribute, in
conjunction with its friends, allies, and the international
community, to the management, control, or elimination of the threat
of nuclear, biological, chemical, and ballistic missile
proliferation.
"(3) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs [now Committee on International
Relations] of the House of Representatives, a report, in both
classified and unclassified form, setting forth the findings of the
study required by paragraph (1) of this subsection.
"(b) Study and Report on Iraq's Offensive Military Capability. -
(1) The President shall conduct a study on Iraq's offensive
military capability and its effect on the Middle East balance of
power including an assessment of Iraq's power projection
capability, the prospects for another sustained conflict with Iran,
joint Iraqi-Jordanian military cooperation, the threat Iraq's arms
transfer activities pose to United States allies in the Middle
East, and the extension of Iraq's political-military influence into
Africa and Latin America.
"(2) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs [now Committee on International
Relations] of the House of Representatives, a report, in both
classified and unclassified form, setting forth the findings of the
study required by paragraph (1).
"(c) Report on Sanctions Taken by Other Nations Against Iraq. -
(1) The President shall prepare a report on the steps taken by
other nations, both before and after the August 2, 1990, invasion
of Kuwait, to curtail the export of goods, services, and
technologies to Iraq which might contribute to, or enhance, Iraq's
nuclear, biological, chemical, and ballistic missile capability.
"(2) The President shall provide a complete accounting of
international compliance with each of the sanctions resolutions
adopted by the United Nations Security Council against Iraq since
August 2, 1990, and shall list, by name, each country which to his
knowledge, has provided any assistance to Iraq and the amount and
type of that assistance in violation of each United Nations
resolution.
"(3) The President shall make every effort to encourage other
nations, in whatever forum or context, to adopt sanctions toward
Iraq similar to those contained in this section.
"(4) Not later than every 6 months after the date of enactment of
this Act [Nov. 5, 1990], the President shall submit to the
Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee
on Foreign Affairs [now Committee on International Relations] of
the House of Representatives, a report in both classified and
unclassified form, setting forth the findings of the study required
by paragraph (1) of this subsection."
[Provisions similar to section 586D of Pub. L. 101-513, set out
above, relating to compliance with sanctions against Iraq were
contained in the following appropriations acts:
[Pub. L. 107-115, title V, Sec. 531, Jan. 10, 2002, 115 Stat.
2150.
[Pub. L. 106-429, Sec. 101(a) [title V, Sec. 534], Nov. 6, 2000,
114 Stat. 1900, 1900A-34.
[Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 534],
Nov. 29, 1999, 113 Stat. 1535, 1501A-93.
[Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 535], Oct.
21, 1998, 112 Stat. 2681-150, 2681-181.
[Pub. L. 105-118, title V, Sec. 534, Nov. 26, 1997, 111 Stat.
2416.
[Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
533], Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.
[Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat.
734.
[Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat.
1639.
[Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat.
957.
[Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat.
1683.]
Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104
Stat. 1697, provided that: "If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not -
"(1) prohibited -
"(A) the importation of products of Iraq into its customs
territory, and
"(B) the export of its products to Iraq; or
"(2) given assurances satisfactory to the President that such
import and export sanctions will be promptly implemented."
IRAN CLAIMS SETTLEMENT
Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided
that:
"SEC. 501. RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.
"(a) Authority of Foreign Claims Settlement Commission. - The
Foreign Claims Settlement Commission of the United States is
authorized to receive and determine the validity and amounts of
claims by nationals of the United States against Iran which are
settled en bloc by the United States. In deciding such claims, the
Commission shall apply, in the following order -
"(1) the terms of any settlement agreement;
"(2) the relevant provisions of the Declarations of the
Government of the Democratic and Popular Republic of Algeria of
January 19, 1981, giving consideration to interpretations thereof
by the Iran-United States Claims Tribunal; and
"(3) applicable principles of international law, justice, and
equity.
Except as otherwise provided in this title, the provisions of title
I of the International Claims Settlement Act of 1949 (22 U.S.C.
1621 et seq.) shall apply with respect to claims under this
section. Any reference in such provisions to 'this title'
[translated therein as 'this subchapter'] shall be deemed to refer
to those provisions and to this section.
"(b) Certification and Payment. - The Commission shall certify to
the Secretary of the Treasury any awards determined pursuant to
subsection (a) in accordance with section 5 of title I of the
International Claims Settlement Act of 1949 (22 U.S.C. 1624). Such
awards shall be paid in accordance with sections 7 and 8 of such
title (22 U.S.C. 1626 and 1627), except that -
"(1) the Secretary of the Treasury is authorized to make
payments pursuant to paragraphs (1) and (2) of section 8(c) of
such title in the amount of $10,000 or the principal amount of
the award, whichever is less; and
"(2) the Secretary of the Treasury may deduct, pursuant to
section 7(b) of such title, an amount calculated in accordance
with section 502(a) of this Act, instead of 5 percent of payments
made pursuant to section 8(c) of such title.
"SEC. 502. DEDUCTIONS FROM ARBITRAL AWARDS.
"(a) Deduction for Expenses of the United States. - Except as
provided in section 503, the Federal Reserve Bank of New York shall
deduct from the aggregate amount awarded under each enumerated
claim before the Iran-United States Claims Tribunal in favor of a
United States claimant, an amount equal to 1 1/2 percent of the
first $5,000,000 and 1 percent of any amount over $5,000,000, as
reimbursement to the United States Government for expenses incurred
in connection with the arbitration of claims of United States
claimants against Iran before that Tribunal and the maintenance of
the Security Account established pursuant to the Declarations of
the Democratic and Popular Republic of Algeria of January 19, 1981.
The Federal Reserve Bank of New York shall make the deduction
required by the preceding sentence whenever the Bank receives an
amount from the Security Account in satisfaction of an award
rendered by the Iran-United States Claim Tribunal on the enumerated
claim involved.
"(b) Deduction Treated as Miscellaneous Receipt. - Amounts
deducted by the Federal Reserve Bank of New York pursuant to
subsection (a) shall be deposited into the Treasury of the United
States to the credit of miscellaneous receipts.
"(c) Payment to United States Claimants. - Nothing in this
section shall be construed to affect the payment to United States
claimants of amounts received by the Federal Reserve Bank of New
York in respect of awards by the Iran-United States Claims
Tribunal, after deduction of the amounts calculated in accordance
with subsection (a).
"(d) Effective Date. - This section shall be effective as of June
7, 1982.
"SEC. 503. EN BLOC SETTLEMENT.
"The deduction by the Federal Reserve Bank of New York provided
for in section 502(a) of this Act shall not apply in the case of a
sum received by the Bank pursuant to an en bloc settlement of any
category of claims of United States nationals against Iran when
such sum is to be used for payments in satisfaction of awards
certified by the Foreign Claims Settlement Commission pursuant to
section 501(b) of this Act.
"SEC. 504. REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.
"The Secretary of the Treasury may reimburse the Federal Reserve
Bank of New York for expenses incurred by the Bank in the
performance of fiscal agency agreements relating to the settlement
or arbitration of claims pursuant to the Declarations of the
Democratic and Popular Republic of Algeria of January 19, 1981.
"SEC. 505. CONFIDENTIALITY OF RECORDS.
"Notwithstanding section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information Act), records
pertaining to the arbitration of claims before the Iran-United
States Claims Tribunal may not be disclosed to the general public,
except that -
"(1) rules, awards, and other decisions of the Tribunal and
claims and responsive pleadings filed at the Tribunal by the
United States on its own behalf shall be made available to the
public, unless the Secretary of State determines that public
disclosure would be prejudicial to the interests of the United
States or United States claimants in proceedings before the
Tribunal, or that public disclosure would be contrary to the
rules of the Tribunal; and
"(2) the Secretary of State may determine on a case-by-case
basis to make such information available when in the judgment of
the Secretary the interests of justice so require."
-EXEC-
EX. ORD. NO. 12170. BLOCKING IRANIAN GOVERNMENT PROPERTY
Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729, provided:
Pursuant to the authority vested in me as President by the
Constitution and laws of the United States including the
International Emergency Economic Powers Act, 50 U.S.C.A. sec. 1701
et seq., the National Emergencies Act, 50 U.S.C. sec. 1601 et seq.,
and 3 U.S.C. sec. 301,
I, JIMMY CARTER, President of the United States, find that the
situation in Iran constitutes an unusual and extraordinary threat
to the national security, foreign policy and economy of the United
States and hereby declare a national emergency to deal with that
threat.
I hereby order blocked all property and interests in property of
the Government of Iran, its instrumentalities and controlled
entities and the Central Bank of Iran which are or become subject
to the jurisdiction of the United States or which are in or come
within the possession or control of persons subject to the
jurisdiction of the United States.
The Secretary of the Treasury is authorized to employ all powers
granted to me by the International Emergency Economic Powers Act
[this chapter] to carry out the provisions of this order.
This order is effective immediately and shall be transmitted to
the Congress and published in the Federal Register.
Jimmy Carter.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12170
Notice of President of the United States, dated Nov. 12, 2002, 67
F.R. 68929, provided:
On November 14, 1979, by Executive Order 12170 [set out above],
the President declared a national emergency with respect to Iran
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States constituted by the situation in Iran. Because our relations
with Iran have not yet returned to normal, and the process of
implementing the January 19, 1981, agreements with Iran is still
underway, the national emergency declared on November 14, 1979,
must continue in effect beyond November 14, 2002. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year this national emergency
with respect to Iran.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12170 were contained in the following:
Notice of President of the United States, dated Nov. 9, 2001, 66
F.R. 56966.
Notice of President of the United States, dated Nov. 9, 2000, 65
F.R. 68061.
Notice of President of the United States, dated Nov. 5, 1999, 64
F.R. 61471.
Notice of President of the United States, dated Nov. 9, 1998, 63
F.R. 63125.
Notice of President of the United States, dated Sept. 30, 1997,
62 F.R. 51591.
Notice of President of the United States, dated Oct. 29, 1996, 61
F.R. 56107.
Notice of President of the United States, dated Oct. 31, 1995, 60
F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994, 59
F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993, 58
F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992, 57
F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991, 56
F.R. 57791.
Notice of the President of the United States, dated Nov. 9, 1990,
55 F.R. 47453.
Notice of the President of the United States, dated Oct. 30,
1989, 54 F.R. 46043.
Notice of the President of the United States, dated Nov. 8, 1988,
53 F.R. 45750.
Notice of the President of the United States, dated Nov. 10,
1987, 52 F.R. 43549.
Notice of the President of the United States, dated Nov. 10,
1986, 51 F.R. 41067.
Notice of the President of the United States, dated Nov. 1, 1985,
50 F.R. 45901.
Notice of the President of the United States, dated Nov. 7, 1984,
49 F.R. 44741.
Notice of the President of the United States, dated Nov. 8, 1982,
47 F.R. 50841.
EX. ORD. NO. 12205. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, and Section 301
of the National Emergencies Act (50 U.S.C. 1631), in order to take
steps additional to those set forth in Executive Order No. 12170 of
November 14, 1979 [set out as a note above], to deal with the
threat to the national security, foreign policy and economy of the
United States referred to in that Order, and in furtherance of the
objectives of United Nations Security Council Resolution 461 (1979)
adopted on December 31, 1979, it is hereby ordered as follows:
1-101. The following are prohibited effective immediately,
notwithstanding any contracts entered into or licenses granted
before the date of this Order [Apr. 7, 1980]:
(a) The sale, supply or other transfer, by any person subject to
the jurisdiction of the United States, of any items, commodities or
products, except food, medicine and supplies intended strictly for
medical purposes, and donations of clothing intended to be used to
relieve human suffering, from the United States, or from any
foreign country, whether or not originating in the United States,
either to or destined for Iran, an Iranian governmental entity in
Iran, any other person or body in Iran or any other person or body
for the purposes of any enterprise carried on in Iran.
(b) The shipment by vessel, aircraft, railway or other land
transport of United States registration or owned by or under
charter to any person subject to the jurisdiction of the United
States or the carriage (whether or not in bond) by land transport
facilities across the United States of any of the items,
commodities and products covered by paragraph (a) of this section
which are consigned to or destined for Iran, an Iranian
governmental entity or any person or body in Iran, or to any
enterprise carried on in Iran.
(c) The shipment from the United States of any of the items,
products and commodities covered by paragraph (a) of this section
on vessels or aircraft registered in Iran.
(d) The following acts, when committed by any person subject to
the jurisdiction of the United States in connection with any
transaction involving Iran, an Iranian governmental entity, an
enterprise controlled by Iran or an Iranian governmental entity, or
any person in Iran:
(i) Making available any new credits or loans;
(ii) Making available any new deposit facilities or allowing
substantial increases in non-dollar deposits which exist as of
the date of this Order [Apr. 7, 1980];
(iii) Allowing more favorable terms of payment than are
customarily used in international commercial transactions; or
(iv) Failing to act in a businesslike manner in exercising any
rights when payments due on existing credits or loans are not
made in a timely manner.
(v) Make any payment, transfer of credit, or other transfer of
funds or other property or interests therein, except for purposes
of family remittances.
(e) The engaging by any person subject to the jurisdiction of the
United States in any service contract in support of an industrial
project in Iran, except any such contract entered into prior to the
date of this Order [Apr. 7, 1980] or concerned with medical care.
(f) The engaging by any person subject to the jurisdiction of the
United States in any transaction which evades or avoids, or has the
purpose or effect of evading or avoiding, any of the prohibitions
set forth in this section.
1-102. The prohibitions in section 1-101 above shall not apply to
transactions by any person subject to the jurisdiction of the
United States which is a nonbanking association, corporation, or
other organization organized and doing business under the laws of
any foreign country.
1-103. The Secretary of the Treasury is delegated, and authorized
to exercise, all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government.
1-104. The Secretary of the Treasury shall ensure that actions
taken pursuant to this Order and Executive Order No. 12170 [set out
above] are accounted for as required by Section 401 of the National
Emergencies Act (50 U.S.C. 1641).
1-105. This Order is effective immediately. In accord with
Section 401 of the National Emergencies Act (50 U.S.C. 1641) and
Section 204 of the International Emergency Economic Powers Act (50
U.S.C. 1703), it shall be immediately transmitted to the Congress
and published in the Federal Register.
Jimmy Carter.
REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12205
For provisions relating to the revocation of prohibitions
contained in Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as
amended, which prohibited certain transactions with Iran, see Ex.
Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, set out below.
EX. ORD. NO. 12211. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Sections 1732 and
2656 of Title 22 of the United States Code, and Section 301 of the
National Emergencies Act (50 U.S.C. 1631), in order to take steps
additional to those set forth in Executive Order No. 12170 of
November 14, 1979 [set out above], and Executive Order No. 12205 of
April 7, 1980 [set out above], to deal with the threat to the
national security, foreign policy and economy of the United States
referred to in those Orders, and the added unusual and
extraordinary threat to the national security, foreign policy and
economy of the United States created by subsequent events in Iran
and neighboring countries, including the Soviet invasion of
Afghanistan, with respect to which I hereby declare a national
emergency, and to carry out the policy of the United States to deny
the use of its resources to aid, encourage or give sanctuary to
those persons involved in directing, supporting or participating in
acts of international terrorism, it is hereby ordered as follows:
1-101. Paragraph 1-101(d) of Executive Order No. 12205 [set out
above] is hereby amended by the addition of a new subparagraph (v)
as follows:
(v) Make any payment, transfer of credit, or other transfer of
funds or other property or interests therein, except for purposes
of family remittances.
1-102. The following transactions are prohibited, notwithstanding
any contracts entered into or licenses granted before the date of
this Order [Apr. 17, 1980]:
(a) Effective immediately, the direct or indirect import from
Iran into the United States of Iranian goods or services, other
than materials imported for news publication or news broadcast
dissemination.
(b) Effective immediately, any transactions with a foreign
person or foreign entity by any citizen or permanent resident of
the United States relating to that person's travel to Iran after
the date of this Order [Apr. 17, 1980].
(c) Effective seven days from the date of this Order [Apr. 17,
1980], the payment by or on behalf of any citizen or permanent
resident of the United States who is within Iran of any expenses
for transactions within Iran.
The prohibitions in paragraphs (b) and (c) of this section shall
not apply to a person who is also a citizen of Iran and those
prohibitions and the prohibitions in section 1-101 shall not apply
to a journalist or other person who is regularly employed by a news
gathering or transmitting organization and who travels to Iran or
is within Iran for the purpose of gathering or transmitting news,
making news or documentary films, or similar activities.
1-103. The Secretary of the Treasury is hereby directed,
effective fourteen days from the date of this Order [Apr. 17,
1980], to revoke existing licenses for transactions by persons
subject to the jurisdiction of the United States with Iran Air, the
National Iranian Oil Company, and the National Iranian Gas Company
previously issued pursuant to regulations under Executive Order No.
12170 [set out above], or Executive Order No. 12205 [set out
above].
1-104. The Secretary of the Treasury is delegated, and authorized
to exercise, all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government.
1-105. The Secretary of the Treasury shall ensure that actions
taken by him pursuant to the above provisions of this Order,
Executive Order No. 12170 [set out above] and Executive Order No.
12205 [set out above] are accounted for as required by Section 401
of the National Emergencies Act (50 U.S.C. 1641).
1-106. The Secretary of State is delegated, and authorized to
exercise in furtherance of the purposes of this Order, the powers
vested in the President by Section 2001 of the Revised Statutes (22
U.S.C. 1732), Section 1 of the Act of July 3, 1926 (22 U.S.C.
211a), and Section 215 of the Immigration and Nationality Act (8
U.S.C. 1185), with respect to:
(a) the restriction of the use of United States passports for
travel to, in or through Iran; and
(b) the regulation of departures from and entry into the United
States in connection with travel to Iran by citizens and
permanent residents of the United States.
1-107. Except as otherwise indicated herein, this Order is
effective immediately. In accord with Section 401 of the National
Emergencies Act (50 U.S.C. 1641) and Section 204 of the
International Emergency Economic Powers Act (50 U.S.C. 1703), it
shall be immediately transmitted to the Congress and published in
the Federal Register.
Jimmy Carter.
REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12211
For provisions relating to the revocation of prohibitions
contained in Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685,
which prohibited certain transactions with Iran, see Ex. Ord. No.
12282, Jan. 19, 1981, 46 F.R. 7925, set out below.
EX. ORD. NO. 12276. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION RELATING TO ESTABLISHMENT OF ESCROW ACCOUNTS
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury is authorized to enter into,
and to license, authorize, direct, and compel any appropriate
official and/or the Federal Reserve Bank of New York, as fiscal
agent of the United States, to enter into escrow or related
agreements with a foreign central bank and with the Central Bank of
Algeria under which certain money and other assets, as and when
directed by the Secretary of the Treasury, shall be credited by the
foreign central bank to an escrow account on its books in the name
of the Central Bank of Algeria for transfer to the Government of
Iran if and when the Central Bank of Algeria receives from the
Government of Algeria a certification that the 52 U.S. diplomats
and nationals being held hostage in Iran have safely departed from
Iran. Such agreements shall include other parties and terms as
determined by the Secretary of the Treasury to be appropriate to
carry out the purposes of this Order.
1-102. The Secretary of the Treasury is authorized to license,
authorize, direct, and compel the Federal Reserve Bank of New York,
as fiscal agent of the United States, to receive certain money and
other assets in which Iran or its agencies, instrumentalities, or
controlled entities have an interest and to hold or transfer such
money and other assets, and any interest earned thereon, in such a
manner as he deems necessary to fulfill the rights and obligations
of the United States under the Declaration of the Government of the
Democratic and Popular Republic of Algeria dated January 19, 1981,
and the escrow and related agreements described in paragraph 1-101
of this Order. Such money and other assets may be held in
interest-bearing form and where possible shall be invested with or
through the entity holding the money or asset on the effective date
of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets referred to in paragraphs 1-101 and 1-102 of this
Order, or any regulations, instructions, or directions issued
thereunder shall to the extent thereof be a full acquittance and
discharge for all purposes of the obligation of the person making
the same. No person shall be held liable in any court for or with
respect to anything done or omitted in good faith in connection
with the administration of, or pursuant to and in reliance on, such
orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12277. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. The Federal Reserve Bank of New York is licensed,
authorized, directed, and compelled to transfer to accounts at the
Bank of England, and subsequently to transfer to accounts at the
Bank of England established pursuant to an escrow agreement
approved by the Secretary of the Treasury, all gold bullion, and
other assets (or the equivalent thereof) in its custody, of the
Government of Iran, or its agencies, instrumentalities or
controlled entities. Such transfers shall be executed when and in
the manner directed by the Secretary of the Treasury. The Secretary
of the Treasury is also authorized to license, authorize, direct,
and compel the Federal Reserve Bank of New York to engage in
whatever further transactions he deems appropriate and consistent
with the purposes of this Order, including any transactions related
to the return of such bullion and other assets pursuant to the
escrow agreement.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of
the assets described in section 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12278. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS OVERSEAS
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any branch or office of a United States bank or subsidiary
thereof, which branch or office is located outside the territory of
the United States and which on or after 8:10 a.m. E.S.T. on
November 14, 1979 (a) has been or is in possession of funds or
securities legally or beneficially owned by the Government of Iran
or its agencies, instrumentalities, or controlled entities, or (b)
has carried or is carrying on its books deposits standing to the
credit of or beneficially owned by such Government, agencies,
instrumentalities, or controlled entities, is licensed, authorized,
directed, and compelled to transfer such funds, securities, and
deposits, including interest from November 14, 1979, at
commercially reasonable rates, to the account of the Federal
Reserve Bank of New York at the Bank of England, to be held or
transferred as directed by the Secretary of the Treasury. The
Secretary of the Treasury shall determine when the transfers
required by this section shall take place. The funds, securities
and deposits described in this section shall be further transferred
as provided for in the Declaration of the Government of the
Democratic and Popular Republic of Algeria and its Annex.
1-102. Any banking institution subject to the jurisdiction of the
United States that has executed a set-off on or after November 14,
1979, at 8:10 a.m. E.S.T. against Iranian funds, securities, or
deposits referred to in section 1-101 is hereby licensed,
authorized, directed, and compelled to cancel such set-off and to
transfer all funds, securities, and deposits which have been
subject to such set-off, including interest from November 14, 1979,
at commercially reasonable rates, pursuant to the provisions of
section 1-101 of this Order.
1-103. If the funds, securities, and deposits described in
section 1-101 are not promptly transferred to the control of the
Government of Iran, such funds, securities, and deposits shall be
returned to the banking institutions holding them on the effective
date of this Order and the set-offs described in section 1-102
shall be in force as if this Order had not been issued and the
status of all such funds, securities, deposits and set-offs shall
be status quo ante.
1-104. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Sections 1-101 and 1-102 of
this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in Sections 1-101 and 1-102 of this Order and which
derive from any attachment, injunction, other like proceedings or
process, or other action in any litigation after November 14, 1979,
at 8:10 a.m. E.S.T., including those derived from Section 535.504
of the Iranian Assets Control Regulations, other than rights,
powers, and privileges of the Government of Iran and its agencies,
instrumentalities, and controlled entities, whether acquired by
court order or otherwise, are nullified, and all persons claiming
any such right, power, or privilege are hereafter barred from
exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Sections
1-101 and 1-102 of this Order.
1-105. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of
the assets described in Sections 1-101 and 1-102 of this Order, or
any regulations, instructions, or directions issued thereunder
shall to the extent thereof be a full acquittance and discharge for
all purposes of the obligation of the person making the same. No
person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, such orders,
regulations, instructions, or directions.
1-106. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-107. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-108. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12279. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS HELD BY DOMESTIC
BANKS
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any branch or office of a banking institution subject to
the jurisdiction of the United States, which branch or office is
located within the United States and is, on the effective date,
either (a) in possession of funds or securities legally or
beneficially owned by the Government of Iran or its agencies,
instrumentalities, or controlled entities, or (b) carrying on its
books deposits standing to the credit of or beneficially owned by
such Government, agencies, instrumentalities, or controlled
entities is licensed, authorized, directed and compelled to
transfer such funds, securities, and deposits, including interest
from November 14, 1979, at commercially reasonable rates, to the
Federal Reserve Bank of New York, to be held or transferred as
directed by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing or compelling the transfer of the
assets described in section 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12280. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT FINANCIAL ASSETS HELD BY
NON-BANKING INSTITUTIONS
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any person subject to the jurisdiction of the United
States which is not a banking institution and is on the effective
date in possession or control of funds or securities of Iran or its
agencies, instrumentalities, or controlled entities is licensed,
authorized, directed and compelled to transfer such funds or
securities to the Federal Reserve Bank of New York to be held or
transferred as directed by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12281. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER CERTAIN IRANIAN GOVERNMENT ASSETS
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. All persons subject to the jurisdiction of the United
States in possession or control of properties, not including funds
and securities, owned by Iran or its agencies, instrumentalities,
or controlled entities are licensed, authorized, directed and
compelled to transfer such properties, as directed after the
effective date of this Order by the Government of Iran, acting
through its authorized agent. Except where specifically stated,
this license, authorization, and direction does not relieve persons
subject to the jurisdiction of the United States from existing
legal requirements other than those based upon the International
Emergency Economic Powers Act [this chapter].
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12282. RELEASE OF AMERICAN HOSTAGES IN IRAN -
REVOCATION OF PROHIBITIONS AGAINST TRANSACTIONS INVOLVING IRAN
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostage and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. The prohibitions contained in Executive Order 12205 of
April 7, 1980 [set out above], and Executive Order 12211 of April
17, 1980 [set out above], and Proclamation 4702 of November 12,
1979 [amending Proc. No. 3279, set out under section 1862 of Title
19, Customs Duties], are hereby revoked.
1-102. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purpose of this Order.
1-103. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12283. RELEASE OF AMERICAN HOSTAGES IN IRAN -
NON-PROSECUTION OF CLAIMS OF HOSTAGES AND FOR ACTIONS AT THE UNITED
STATES EMBASSY AND ELSEWHERE
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury shall promulgate
regulations: (a) prohibiting any person subject to U.S.
jurisdiction from prosecuting in any court within the United States
or elsewhere any claim against the Government of Iran arising out
of events occurring before the date of this Order relating to (1)
the seizure of the hostages on November 4, 1979, (2) their
subsequent detention, (3) injury to United States property or
property of United States nationals within the United States
Embassy compound in Tehran after November 3, 1979, or (4) injury to
United States nationals or their property as a result of popular
movements in the course of the Islamic Revolution in Iran which
were not an act of the Government of Iran; (b) prohibiting any
person not a U.S. national from prosecuting any such claim in any
court within the United States; (c) ordering the termination of any
previously instituted judicial proceedings based upon such claims;
and (d) prohibiting the enforcement of any judicial order issued in
the course of such proceedings.
1-102. The Attorney General of the United States is authorized
and directed, immediately upon the issuance of regulations in
accordance with Section 1-101, to take all appropriate measures to
notify all appropriate courts of the existence of this Order and
implementing regulations and the resulting termination of
litigation.
1-103. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purpose of this Order.
1-104. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12284. RELEASE OF AMERICAN HOSTAGES IN IRAN -
RESTRICTIONS ON TRANSFER OF PROPERTY OF FORMER SHAH OF IRAN
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. For the purpose of protecting the rights of litigants in
courts within the United States, all property and assets located in
the United States within the control of the estate of Mohammad Reza
Pahlavi, the former Shah of Iran, or any close relative of the
former Shah served as a defendant in litigation in such courts
brought by Iran seeking the return of property alleged to belong to
Iran, is hereby blocked as to each such estate or person until all
such litigation against such estate or person is finally
terminated.
1-102. The Secretary of the Treasury is authorized and directed
(a) to promulgate regulations requiring all persons who are subject
to the jurisdiction of the United States and who, as of November 3,
1979, or as of this date, have actual or constructive possession of
property of the kind described in Section 1-101, or knowledge of
such possession by others, to report such possession or knowledge
thereof, to the Secretary of the Treasury in accordance with such
regulations and (b) to make available to the Government of Iran or
its designated agents all identifying information derived from such
reports to the fullest extent permitted by law. Such reports shall
be required as to all individuals described in 1-101 and shall be
required to be filed within 30 days after publication of a notice
in the Federal Register.
1-103. The Secretary of the Treasury is authorized and directed
(a) to require all agencies within the Executive Branch of the
United States Government to deliver to the Secretary all official
financial books and records which serve to identify any property of
the kind described in Section 1-101 of this Order, and (b) to make
available to the Government of Iran or its designated agents all
identifying information derived from such books and records to the
fullest extent permitted by law.
1-104. The Attorney General of the United States having advised
the President of his opinion that no claim on behalf of the
Government of Iran for recovery of property of the kind described
in Section 1-101 of this Order should be considered legally barred
either by sovereign immunity principles or by the act of state
doctrine, the Attorney General is authorized and directed to
prepare, and upon the request of counsel representing the
Government of Iran to present to the appropriate court or courts
within the United States, suggestions of interest reflecting that
such is the position of the United States, and that it is also the
position of the United States that Iranian decrees and judgments
relating to the assets of the former Shah and the persons described
in Section 1-101 should be enforced by such courts in accordance
with United States law.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EXECUTIVE ORDER NO. 12285
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by
Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No.
12317, Aug. 14, 1981, 46 F.R. 42241, which established the
President's Commission on Hostage Compensation and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12379,
Sec. 21, Aug. 17, 1982, 47 F.R. 36100, set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.
EX. ORD. NO. 12294. SUSPENSION OF LITIGATION AGAINST IRAN
Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which were based the
declarations of national emergency in Executive Order No. 12170,
issued November 14, 1979 [set out above], and in Executive Order
No. 12211, issued April 17, 1980 [set out above], in light of the
agreement with the Government of Iran, as reflected in the
Declarations of the Government of the Democratic and Popular
Republic of Algeria dated January 19, 1981, relating to the release
of United States diplomats and nationals being held as hostages and
to the resolution of claims of United States nationals against
Iran, in order to implement Article II of the Declaration of
Algeria concerning the settlement of claims and to begin the
process of normalization of relations between the United States and
Iran, it is hereby ordered that as of the effective date of this
Order:
Section 1. All claims which may be presented to the Iran-United
States Claims Tribunal under the terms of Article II of the
Declaration of the Government of the Democratic and Popular
Republic of Algeria Concerning the Settlement of Claims by the
Government of the United States of America and the Government of
the Islamic Republic of Iran, and all claims for equitable or other
judicial relief in connection with such claims, are hereby
suspended, except as they may be presented to the Tribunal. During
the period of this suspension, all such claims shall have no legal
effect in any action now pending in any court of the United States,
including the courts of any state or any locality thereof, the
District of Columbia and Puerto Rico, or in any action commenced in
any such court after the effective date of this Order. Nothing in
this action precludes the commencement of an action after the
effective date of this Order for the purpose of tolling the period
of limitations for commencement of such action.
Sec. 2. Nothing in this Order shall require dismissal of any
action for want of prosecution.
Sec. 3. Suspension under this Order of a claim or a portion
thereof submitted to the Iran-United States Claims Tribunal for
adjudication shall terminate upon a determination by the Tribunal
that it does not have jurisdiction over such claim or such portion
thereof.
Sec. 4. A determination by the Iran-United States Claims Tribunal
on the merits that a claimant is not entitled to recover on a claim
shall operate as a final resolution and discharge of the claim for
all purposes. A determination by the Tribunal that a claimant shall
have recovery on a claim in a specified amount shall operate as a
final resolution and discharge of the claim for all purposes upon
payment to the claimant of the full amount of the award, including
any interest awarded by the Tribunal.
Sec. 5. Nothing in this Order shall apply to any claim concerning
the validity or payment of a standby letter of credit, performance
or payment bond or other similar instrument.
Sec. 6. Nothing in this Order shall prohibit the assertion of a
counterclaim or set-off by a United States national in any judicial
proceeding pending or hereafter commenced by the Government of
Iran, any political subdivision of Iran, or any agency,
instrumentality, or entity controlled by the Government of Iran or
any political subdivision thereof.
Sec. 7. The Secretary of the Treasury is authorized to employ all
powers granted to me by the International Emergency Economic Powers
Act [this chapter] and by 22 U.S.C. Sec. 1732 to carry out the
purposes of this Order.
Sec. 8. Executive Order Nos. 12276 through 12285 of January 19,
1981 [set out above], are ratified.
This Order shall be effective immediately and copies shall be
transmitted to the Congress.
Ronald Reagan.
EXECUTIVE ORDER NO. 12444
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12451, Dec. 20,
1983, 48 F.R. 56563, set out below.
EX. ORD. NO. 12451. CONTINUATION OF EXPORT CONTROL REGULATIONS
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 203 of
the International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as "IEEPA"), 22 U.S.C. 287c, and the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
et seq.) (hereinafter referred to as "the Act), it is hereby
ordered as follows:
Section 1. In view of the extension by Public Law 98-207
(December 5, 1983) [amending 50 App. U.S.C. 2419], of the
authorities contained in the Act, Executive Order No. 12444 of
October 14, 1983, which continued in effect export control
regulations under IEEPA, is revoked, and the declaration of
economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12444 shall not
affect any violation of any rules, regulations, orders, licenses
and other forms of administrative action under that Order which
occurred during the period that Order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and that Order, including those published in Title 15,
Chapter III, Subchapter C, of the Code of Federal Regulations,
Parts 368 to 399 inclusive, and all orders, regulations, licenses
and other forms of administrative action issued, taken or continued
in effect pursuant thereto, shall remain in full force and effect,
as if issued, taken or continued in effect pursuant to the Act
until amended or revoked by the proper authority. Nothing in this
Order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set
forth in Executive Order No. 12002 of July 7, 1977 and Executive
Order No. 12214 of May 2, 1980 [50 App. U.S.C. 2403 note].
Sec. 3. All orders, licenses, and other forms of administrative
action issued, taken or continued in effect pursuant to the
authority of the IEEPA and Executive Order No. 12444 relating to
the administration of section 38(e) of the Arms Export Control Act
(22 U.S.C. 2778(e)) shall remain in full force and effect until
amended or revoked under proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
EXECUTIVE ORDER NO. 12470
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12525, July 12,
1985, 50 F.R. 28757, set out below.
Continuation of emergency declared by Ex. Ord. No. 12470 was
contained in Notice of the President of the United States, dated
Mar. 28, 1985, 50 F.R. 12513.
EXECUTIVE ORDER NO. 12513
Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, which prohibited
trade and certain other transactions involving Nicaragua, was
revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, set out
below.
Continuations of national emergency declared by Ex. Ord. No.
12513 were contained in the following:
Notice of the President of the United States, dated Apr. 21,
1989, 54 F.R. 17701.
Notice of the President of the United States, dated Apr. 25,
1988, 53 F.R. 15011.
Notice of the President of the United States, dated Apr. 21,
1987, 52 F.R. 13425.
Notice of the President of the United States, dated Apr. 22,
1986, 51 F.R. 15461.
EX. ORD. NO. 12525. TERMINATION OF EMERGENCY AUTHORITY FOR EXPORT
CONTROLS
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 203 of
the International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as "IEEPA"), 22 U.S.C. 287c, and the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
et seq.) (hereinafter referred to as "the Act"), it is hereby
ordered as follows:
Section 1. In view of the extension by Public Law 99-64 (July 12,
1985) [amending 50 App. U.S.C. 2419] of the authorities contained
in the Act, Executive Order No. 12470 of March 30, 1984, which
continued in effect export control regulations under IEEPA, is
revoked, and the declaration of economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12470 shall not
affect any violation of any rules, regulations, orders, licenses,
and other forms of administrative action under that Order that
occurred during the period that Order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and that Order, including those published in Title 15,
Chapter III, Subchapter C, of the Code of Federal Regulations,
Parts 368 to 399 inclusive, and all orders, regulations, licenses,
and other forms of administrative action issued, taken or continued
in effect pursuant thereto, shall remain in full force and effect,
as if issued, taken or continued in effect pursuant to and as
authorized by the Act or by other appropriate authority until
amended or revoked by the proper authority. Nothing in this Order
shall affect the continued applicability of the provision for the
administration of the Act and delegations of authority set forth in
Executive Order No. 12002 of July 7, 1977, and Executive Order No.
12214 of May 2, 1980 [set out under 50 App. U.S.C. 2403].
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken or continued in effect
pursuant to the authority of the IEEPA and Executive Order No.
12470 relating to the administration of Section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) shall remain in full force
and effect until amended or revoked under proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
EXECUTIVE ORDER NO. 12532
Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, which
prohibited trade and certain other transactions involving South
Africa, was revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991,
56 F.R. 31855, set out as a note under section 5061 of Title 22,
Foreign Relations and Intercourse.
Continuation of national emergency declared by Ex. Ord. No. 12532
was contained in Notice of the President of the United States,
dated Sept. 4, 1986, 51 F.R. 31925.
EXECUTIVE ORDER NO. 12535
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, which prohibited
importation into United States of South African Krugerrands, was
revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R.
31855, set out as a note under section 5061 of Title 22, Foreign
Relations and Intercourse.
EX. ORD. NO. 12543. PROHIBITING TRADE AND CERTAIN TRANSACTIONS
INVOLVING LIBYA
Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
sections 504 and 505 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83) [22 U.S.C. 2349aa-8,
2349aa-9], section 1114 of the Federal Aviation Act of 1958, as
amended (49 U.S.C. 1514) [now 49 U.S.C. 40106(b)], and section 301
of title 3 of the United States Code.
I, RONALD REAGAN, President of the United States of America, find
that the policies and actions of the Government of Libya constitute
an unusual and extraordinary threat to the national security and
foreign policy of the United States and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations which may hereafter be issued pursuant to
this Order:
(a) The import into the United States of any goods or services of
Libyan origin, other than publications and materials imported for
news publications or news broadcast dissemination;
(b) The export to Libya of any goods, technology (including
technical data or other information) or services from the United
States, except publications and donations of articles intended to
relieve human suffering, such as food, clothing, medicine and
medical supplies intended strictly for medical purposes;
(c) Any transaction by a United States person relating to
transportation to or from Libya; the provision of transportation to
or from the United States by any Libyan person or any vessel or
aircraft of Libyan registration; or the sale in the United States
by any person holding authority under the Federal Aviation Act [of
1958, now 49 U.S.C. 40101 et seq.] of any transportation by air
which includes any stop in Libya;
(d) The purchase by any United States person of goods for export
from Libya to any country;
(e) The performance by any United States person of any contract
in support of an industrial or other commercial or governmental
project in Libya;
(f) The grant or extension of credits or loans by any United
States person to the Government of Libya, its instrumentalities and
controlled entities;
(g) Any transaction by a United States person relating to travel
by any United States citizen or permanent resident alien to Libya,
or to activities by any such person within Libya, after the date of
this Order, other than transactions necessary to effect such
person's departure from Libya, to perform acts permitted until
February 1, 1986, by Section 3 of this Order, or travel for
journalistic activity by persons regularly employed in such
capacity by a newsgathering organization; and
(h) Any transaction by any United States person which evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this Order.
For purposes of this Order, the term "United States person" means
any United States citizen, permanent resident alien, juridical
person organized under the laws of the United States or any person
in the United States.
Sec. 2. In light of the prohibition in Section 1(a) of this
Order, section 251 of the Trade Expansion Act of 1962, as amended
(19 U.S.C. 1881), and section 126 of the Trade Act of 1974, as
amended (19 U.S.C. 2136) will have no effect with respect to Libya.
Sec. 3. This Order is effective immediately, except that the
prohibitions set forth in Section 1(a), (b), (c), (d) and (e) shall
apply as of 12:01 a.m. Eastern Standard Time, February 1, 1986.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, as may be
necessary to carry out the purposes of this Order. Such actions may
include prohibiting or regulating payments or transfers of any
property or any transactions involving the transfer of anything of
economic value by any United States person to the Government of
Libya, its instrumentalities and controlled entities, or to any
Libyan national or entity owned or controlled, directly or
indirectly, by Libya or Libyan nationals. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government. All agencies of the United States
government are directed to take all appropriate measures within
their authority to carry out the provisions of this Order,
including the suspension or termination of licenses or other
authorizations in effect as of the date of this Order.
This Order shall be transmitted to the Congress and published in
the Federal Register.
Ronald Reagan.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12543
Notice of President of the United States, dated Jan. 2, 2003, 68
F.R. 661, provided:
On January 7, 1986, by Executive Order 12543 [set out above],
President Reagan declared a national emergency to deal with the
unusual and extraordinary threat to the national security and
foreign policy of the United States constituted by the actions and
policies of the Government of Libya. On January 8, 1986, by
Executive Order 12544 [set out below], the President took
additional measures to block Libyan assets in the United States.
The President has transmitted a notice continuing this emergency to
the Congress and the Federal Register every year since 1986.
The crisis between the United States and Libya that led to the
declaration of a national emergency on January 7, 1986, has not
been resolved. Despite the United Nations Security Council's
suspension of U.N. sanctions against Libya upon the Libyan
government's hand-over of the Pan Am 103 bombing suspects, Libya
has not yet complied with its obligations under U.N. Security
Council Resolutions 731 (1992), 748 (1992), and 883 (1993), which
include Libya's obligation to accept responsibility for the actions
of its officials and pay compensation.
Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to Libya. This notice shall be
published in the Federal Register and transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12543 were contained in the following:
Notice of President of the United States, dated Jan. 3, 2002, 67
F.R. 637.
Notice of President of the United States, dated Jan. 4, 2001, 66
F.R. 1251.
Notice of President of the United States, dated Dec. 29, 1999, 65
F.R. 1999.
Notice of President of the United States, dated Dec. 30, 1998, 64
F.R. 383.
Notice of President of the United States, dated Jan. 2, 1998, 63
F.R. 653.
Notice of President of the United States, dated Jan. 2, 1997, 62
F.R. 587.
Notice of President of the United States, dated Jan. 3, 1996, 61
F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994, 59
F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993, 58
F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992, 57
F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991, 56
F.R. 67465.
Notice of the President of the United States, dated Jan. 2, 1991,
56 F.R. 477.
Notice of the President of the United States, dated Jan. 4, 1990,
55 F.R. 589.
Notice of the President of the United States, dated Dec. 28,
1988, 53 F.R. 52971.
Notice of the President of the United States, dated Dec. 15,
1987, 52 F.R. 47891.
Notice of the President of the United States, dated Dec. 23,
1986, 51 F.R. 46849.
EX. ORD. NO. 12544. BLOCKING LIBYAN GOVERNMENT PROPERTY IN THE
UNITED STATES OR HELD BY U.S. PERSONS
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, provided:
By the authority vested in me as President by the Constitution
and laws of the United States, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the
National Emergencies Act (50 U.S.C. 1601 et seq.) and section 301
of title 3 of the United States Code, in order to take steps with
respect to Libya additional to those set forth in Executive Order
No. 12543 of January 7, 1986 [set out above], to deal with the
threat to the national security and foreign policy of the United
States referred to in that Order,
I, RONALD REAGAN, President of the United States, hereby order
blocked all property and interests in property of the Government of
Libya, its agencies, instrumentalities and controlled entities and
the Central Bank of Libya that are in the United States, that
hereafter come within the United States or that are or hereafter
come within the possession or control of U.S. persons, including
overseas branches of U.S. persons.
The Secretary of the Treasury, in consultation with the Secretary
of State, is authorized to employ all powers granted to me by the
International Emergency Economics [sic] Power[s] Act, 50 U.S.C.
1701 et seq., to carry out the provisions of this Order.
This Order is effective immediately and shall be transmitted to
the Congress and published in the Federal Register.
Ronald Reagan.
EXECUTIVE ORDER NO. 12613
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, which
prohibited imports from Iran, was revoked by Ex. Ord. No. 13059,
Sec. 7, Aug. 19, 1997, 62 F.R. 44533, set out below.
EXECUTIVE ORDER NO. 12635
Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, which blocked
property and interests in property of the Government of Panama that
were in the United States, was revoked by Ex. Ord. No. 12710, Apr.
5, 1990, 55 F.R. 13099, set out below.
Continuation of national emergency declared by Ex. Ord. No. 12635
was contained in Notice of the President of the United States,
dated Apr. 6, 1989, 54 F.R. 14197.
EX. ORD. NO. 12707. TERMINATION OF EMERGENCY WITH RESPECT TO
NICARAGUA
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
chapter 12 of title 50 of the United States Code (50 U.S.C. 191 et
seq.), and section 301 of title 3 of the United States Code.
I, GEORGE BUSH, President of the United States of America, find
that the February 25, 1990, democratic election in Nicaragua has
ended the unusual and extraordinary threat to the national security
and foreign policy of the United States previously posed by the
policies and actions of the Sandinista government in that country,
and the need to continue the national emergency declared in
Executive Order No. 12513 of May 1, 1985, to deal with that threat.
I hereby revoke Executive Order No. 12513 and terminate the
national emergency declared in that order with respect to
Nicaragua.
Pursuant to section 202 of the National Emergencies Act (50
U.S.C. 1622), termination of the national emergency with respect to
Nicaragua shall not affect any action taken or proceeding pending
and not finally concluded or determined at the effective date of
this order, or any action or proceeding based on any act committed
prior to the effective date of this order, or any rights or duties
that matured or penalties that were incurred prior to the effective
date of this order.
This order shall take effect immediately.
George Bush.
EX. ORD. NO. 12710. TERMINATION OF EMERGENCY WITH RESPECT TO PANAMA
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (hereinafter referred to as "IEEPA"), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (hereinafter referred to
as "the NEA"), chapter 12 of title 50 of the United States Code (50
U.S.C. 191 et seq.), and section 301 of title 3 of the United
States Code.
I, GEORGE BUSH, President of the United States of America, find
that the restoration of a democratically elected government in
Panama has ended the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
previously posed by the policies and actions of Manuel Antonio
Noriega in that country, and the need to continue the national
emergency declared in Executive Order No. 12635 of April 8, 1988,
to deal with that threat.
I hereby revoke Executive Order No. 12635 and terminate the
national emergency declared in that order with respect to Panama.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination
of the national emergency with respect to Panama shall not affect
any action taken or proceeding pending not finally concluded or
determined as of the effective date of this order, or any action or
proceeding based on any act committed prior to the effective date
of this order, or any rights or duties that matured or penalties
that were incurred prior to the effective date of this order.
Pursuant to section 207 (50 U.S.C. 1706) of IEEPA, I hereby
determine that the continuation of prohibitions with regard to
transactions involving property in which the Government of Panama
has an interest is necessary on account of claims involving Panama.
This order shall take effect immediately.
George Bush.
EX. ORD. NO. 12722. BLOCKING IRAQI GOVERNMENT PROPERTY AND
PROHIBITING TRANSACTIONS WITH IRAQ
Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, provided:
By the authority vested in me as President by the constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and
section 301 of title 3 of the United States Code.
I, GEORGE BUSH, President of the United States of America, find
that the policies and actions of the Government of Iraq constitute
an unusual and extraordinary threat to the national security and
foreign policy of the United States and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. All property and interests in property of the
Government of Iraq, its agencies, instrumentalities and controlled
entities and the Central Bank of Iraq that are in the United
States, that hereafter come within the United States or that are or
hereafter come within the possession or control of United States
persons, including their overseas branches, are hereby blocked.
Section 2. The following are prohibited, except to the extent
provided in regulations which may hereafter be issued pursuant to
this Order:
(a) The import into the United States of any goods or services of
Iraqi origin, other than publications and other informational
materials;
(b) The export to Iraq of any goods, technology (including
technical data or other information controlled for export pursuant
to Section 5 of the Export Administration Act (50 U.S.C. App.
2404)) or services from the United States, except publications and
other informational materials, and donations of articles intended
to relieve human suffering, such as food, clothing, medicine and
medical supplies intended strictly for medical purposes;
(c) Any transaction by a United States person relating to
transportation to or from Iraq; the provision of transportation to
or from the United States by any Iraqi person or any vessel or
aircraft of Iraqi registration; or the sale in the United States by
any person holding authority under the Federal Aviation Act of
1958, as amended [now 49 U.S.C. 40101 et seq.] (49 U.S.C. 1514), of
any transportation by air which includes any stop in Iraq;
(d) The purchase by any United States person of goods for export
from Iraq to any country;
(e) The performance by any United States person of any contract
in support of an industrial or other commercial or governmental
project in Iraq;
(f) The grant or extension of credits or loans by any United
States person to the Government of Iraq, its instrumentalities and
controlled entities;
(g) Any transaction by a United States person relating to travel
by any United States citizen or permanent resident alien to Iraq,
or to activities by any such person within Iraq, after the date of
this Order, other than transactions necessary to effect such
person's departure from Iraq, or travel for journalistic activity
by persons regularly employed in such capacity by a newsgathering
organization; and
(h) Any transaction by any United States person which evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this Order.
For purposes of this Order, the term "United States person" means
any United States citizen, permanent resident alien, juridical
person organized under the laws of the United States, or any person
in the United States.
Section 3. This Order is effective immediately.
Section 4. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, as may be
necessary to carry out the purposes of this Order. Such actions may
include prohibiting or regulating payments or transfers of any
property or any transactions involving the transfer of anything of
economic value by any United States person to the Government of
Iraq, its instrumentalities and controlled entities, or to any
Iraqi national or entity owned or controlled, directly or
indirectly, by Iraq or Iraqi nationals. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government. All agencies of the United States
government are directed to take all appropriate measures within
their authority to carry out the provisions of this Order,
including the suspension or termination of licenses or other
authorizations in effect as of the date of this Order.
This Order shall be transmitted to the Congress and published in
the Federal Register.
George Bush.
[Ex. Ord. No. 12722 was revoked by Ex. Ord. No. 12724, Sec. 6,
Aug. 9, 1990, 55 F.R. 33090, set out below, to the extent
inconsistent with Ex. Ord. No. 12724.]
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12722
Notice of President of the United States, dated July 30, 2002, 67
F.R. 50341, provided:
On August 2, 1990, by Executive Order 12722 [set out above],
President Bush declared a national emergency with respect to Iraq
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security and foreign policy of the United States
constituted by the actions and polices of the Government of Iraq.
By Executive Orders 12722 of August 2, 1990, and 12724 of August 9,
1990 [set out below], the President imposed trade sanctions on Iraq
and blocked Iraqi government assets. Because the Government of Iraq
has continued to engage in activities hostile to U.S. interests,
the national emergency declared on August 2, 1990, and the measures
adopted on August 2 and August 9, 1990, to deal with that emergency
must continue in effect beyond August 2, 2002. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
with respect to Iraq.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12722 were contained in the following:
Notice of President of the United States, dated July 31, 2001, 66
F.R. 40105.
Notice of President of the United States, dated July 28, 2000, 65
F.R. 47241.
Notice of President of the United States, dated July 20, 1999, 64
F.R. 39897.
Notice of President of the United States, dated July 28, 1998, 63
F.R. 41175.
Notice of President of the United States, dated July 31, 1997, 62
F.R. 41803.
Notice of President of the United States, dated July 22, 1996, 61
F.R. 38561.
Notice of President of the United States, dated July 28, 1995, 60
F.R. 39099.
Notice of President of the United States, dated July 19, 1994, 59
F.R. 37151.
Notice of President of the United States, dated July 20, 1993, 58
F.R. 39111.
Notice of President of the United States, dated July 21, 1992, 57
F.R. 32875.
Notice of President of the United States, dated July 26, 1991, 56
F.R. 35995.
EXECUTIVE ORDER NO. 12723
Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, which directed
Secretary of the Treasury to block all property and interests in
Kuwaiti Government property that are in the United States or within
possession or control of United States persons, was revoked by Ex.
Ord. No. 12771, July 25, 1991, 56 F.R. 35993, set out below.
EX. ORD. NO. 12724. BLOCKING IRAQI GOVERNMENT PROPERTY AND
PROHIBITING TRANSACTIONS WITH IRAQ
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 301 of title 3 of the United States Code, and the United
Nations Participation Act [22 U.S.C. 287 et seq.] (22 U.S.C. 287c),
in view of United Nations Security Council Resolution No. 661 of
August 6, 1990, and in order to take additional steps with respect
to Iraq's invasion of Kuwait and the national emergency declared in
Executive Order No. 12722 [set out above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. Except to the extent provided in regulations that may
hereafter be issued pursuant to this order, all property and
interests in property of the Government of Iraq that are in the
United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of
United States persons, including their overseas branches, are
hereby blocked.
Sec. 2. The following are prohibited, except to the extent
provided in regulations that may hereafter be issued pursuant to
this order:
(a) The importation into the United States of any goods or
services of Iraqi origin, or any activity that promotes or is
intended to promote such importation;
(b) The exportation to Iraq, or to any entity operated from Iraq,
or owned or controlled by the Government of Iraq, directly or
indirectly, of any goods, technology (including technical data or
other information), or services either (i) from the United States,
or (ii) requiring the issuance of a license by a Federal agency, or
any activity that promotes or is intended to promote such
exportation, except donations of articles intended to relieve human
suffering, such as food and supplies intended strictly for medical
purposes;
(c) Any dealing by a United States person related to property of
Iraqi origin exported from Iraq after August 6, 1990, or property
intended for exportation from Iraq to any country, or exportation
to Iraq from any country, or any activity of any kind that promotes
or is intended to promote such dealing;
(d) Any transaction by a United States person relating to travel
by any United States citizen or permanent resident alien to Iraq,
or to activities by any such person within Iraq, after the date of
this order, other than transactions necessary to effect (i) such
person's departure from Iraq, (ii) travel and activities for the
conduct of the official business of the Federal Government or the
United Nations, or (iii) travel for journalistic activity by
persons regularly employed in such capacity by a news-gathering
organization;
(e) Any transaction by a United States person relating to
transportation to or from Iraq; the provision of transportation to
or from the United States by any Iraqi person or any vessel or
aircraft of Iraqi registration; or the sale in the United States by
any person holding authority under the Federal Aviation Act of
1958, as amended (49 U.S.C. 1301 et seq.) [now 49 U.S.C. 40101 et
seq.], of any transportation by air that includes any stop in Iraq;
(f) The performance by any United States person of any contract,
including a financing contract, in support of an industrial,
commercial, public utility, or governmental project in Iraq;
(g) Except as otherwise authorized herein, any commitment or
transfer, direct or indirect, of funds, or other financial or
economic resources by any United States person to the Government of
Iraq or any other person in Iraq;
(h) Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this order.
Sec. 3. For purposes of this order:
(a) the term "United States person" means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States, and vessels of U.S. registration.
(b) the term "Government of Iraq" includes the Government of
Iraq, its agencies, instrumentalities and controlled entities, and
the Central Bank of Iraq.
Sec. 4. This order is effective immediately.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, as may be
necessary to carry out the purposes of this order. Such actions may
include prohibiting or regulating payments or transfers of any
property or any transactions involving the transfer of anything of
economic value by any United States person to the Government of
Iraq, or to any Iraqi national or entity owned or controlled,
directly or indirectly, by the Government of Iraq or Iraqi
nationals. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the Federal
Government. All agencies of the Federal Government are directed to
take all appropriate measures within their authority to carry out
the provisions of this order, including the suspension or
termination of licenses or other authorizations in effect as of the
date of this order.
Sec. 6. Executive Order No. 12722 of August 2, 1990 [set out
above], is hereby revoked to the extent inconsistent with this
order. All delegations, rules, regulations, orders, licenses, and
other forms of administrative action made, issued, or otherwise
taken under Executive Order No. 12722 and not revoked
administratively shall remain in full force and effect under this
order until amended, modified, or terminated by proper authority.
The revocation of any provision of Executive Order No. 12722
pursuant to this section shall not affect any violation of any
rules, regulations, orders, licenses, or other forms of
administrative action under that order during the period that such
provision of that order was in effect.
This order shall be transmitted to the Congress and published in
the Federal Register.
George Bush.
EXECUTIVE ORDER NO. 12725
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, which directed
Secretary of the Treasury to block all property and interests in
Kuwaiti Government property that are in the United States or within
possession or control of United States persons and which prohibited
transactions with Kuwait, was revoked by Ex. Ord. No. 12771, July
25, 1991, 56 F.R. 35993, set out below.
EXECUTIVE ORDER NO. 12730
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, which
continued effectiveness of the Export Administration Act of 1979,
50 App. U.S.C. 2401 et seq., and of the orders, rules and
regulations promulgated thereunder, was revoked by Ex. Ord. No.
12867, Sec. 1, Sept. 30, 1993, 58 F.R. 51747, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12730 were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992,
57 F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991,
56 F.R. 49385.
EXECUTIVE ORDER NO. 12735
Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, which declared
a national emergency to deal with threat of proliferation of
chemical and biological weapons and imposed controls on exports
that would assist a country in developing, stockpiling, delivering,
or using chemical or biological weapons and associated sanctions,
was revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.
59099, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12735 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993, 58
F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992, 57
F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991, 56
F.R. 58171.
EX. ORD. NO. 12771. REVOKING EARLIER ORDERS WITH RESPECT TO KUWAIT
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C.1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 301 of title 3 of the United States Code, and United
Nations Participation Act [22 U.S.C. 287 et seq.] (22 U.S.C. 287c),
I, GEORGE BUSH, President of the United States of America, find
that the expulsion from Kuwait of Iraq's occupation forces, the
restoration of Kuwait to its citizens, and the reinstatement of the
lawful Government of Kuwait eliminate the need for Executive Order
No. 12723 of August 2, 1990, entitled "Blocking Kuwaiti Government
Property," and Executive Order No. 12725 of August 9, 1990,
entitled "Blocking Kuwaiti Government Property and Prohibiting
Transactions With Kuwait." Those orders were issued to protect the
assets of the Government of Kuwait which were subject to United
States jurisdiction, and to prevent the transfer of benefits by
United States persons to Iraq based upon its invasion of Kuwait.
Those orders also implemented the foreign policy and protected the
national security of the United States, in conformity with
applicable resolutions of the United Nations Security Council.
Finding continuation of these orders unnecessary, I hereby order:
Section 1. Executive Order No. 12723 and Executive Order No.
12725 are hereby revoked. This revocation shall not affect the
national emergency declared in Executive Order No. 12722 [set out
above] to deal with the unusual and extraordinary threat to the
national security and foreign policy of the United States posed by
the policies and action of the Government of Iraq.
Sec. 2. This revocation shall not affect:
(a) any action taken or proceeding pending and not finally
concluded or determined on the effective date of this order;
(b) any action or proceeding based on any act committed prior to
the effective date of this order; or
(c) any rights or duties that matured or penalties that were
incurred prior to the effective date of this order.
Sec. 3. This order shall take effect immediately.
George Bush.
EXECUTIVE ORDER NO. 12775
Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, which declared a
national emergency to deal with Republic of Haiti, directed
Secretary of Treasury to block all property and interests in
property of Government of Haiti that were in United States or
within possession or control of United States persons, and
prohibited transactions with Haiti, was revoked, and such national
emergency terminated, by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R.
52403, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12775 were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994,
59 F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993,
58 F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992,
57 F.R. 45557.
EXECUTIVE ORDER NO. 12779
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti that were in United States or
within possession or control of United States persons and which
prohibited transactions with Haiti and most imports from and
exports to Haiti, was revoked by Ex. Ord. No. 12932, Oct. 14, 1994,
59 F.R. 52403, set out below.
EX. ORD. NO. 12801. BARRING OVERFLIGHT, TAKEOFF, AND LANDING OF
AIRCRAFT FLYING TO OR FROM LIBYA
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701, et
seq.), the National Emergencies Act (50 U.S.C. 1601, et seq.),
section 1114 of the Federal Aviation Act of 1958, as amended (49
U.S.C. App. 1514) [now 49 U.S.C. 40106(b)], section 5 of the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and
section 301 of title 3 of the United States Code, in view of United
Nations Security Council Resolutions Nos. 731 of January 21, 1992,
and 748 of March 31, 1992, and in order to take additional steps
with respect to Libya's continued support for international
terrorism and the national emergency declared in Executive Order
No. 12543 of January 7, 1986 [set out above], it is hereby ordered
that:
Section 1. Except to the extent provided in regulations, orders,
directives, authorizations, or licenses that may hereafter be
issued pursuant to this order, and notwithstanding the existence of
any rights or obligations conferred or imposed by any international
agreement or any contract entered into or any license or permit
granted before the effective date of this order, the granting of
permission to any aircraft to take off from, land in, or overfly
the United States, if the aircraft, as part of the same flight or
as a continuation of that flight, is destined to land in or has
taken off from the territory of Libya, is hereby prohibited.
Sec. 2. The Secretary of the Treasury, in consultation with the
Secretary of Transportation, is hereby authorized to take such
actions, including the promulgation of rules and regulations, as
may be necessary to carry out the provisions of section 1 of this
order. The Secretary of the Treasury may redelegate the authority
set forth in this order to other officers in the Department of the
Treasury and may confer or impose such authority upon any other
officer of the United States, with the consent of the head of the
department or agency within which such officer is serving. All
executive branch agencies of the Federal Government hereby affected
are directed to consult as appropriate on the implementation of
this order and to take all necessary measures within their
authority to carry out the provisions of this order, including the
suspension or termination of licenses or other authorizations in
effect as of the date of this order.
Sec. 3. Nothing contained in this order shall confer any
substantive or procedural right or privilege on any person or
organization, enforceable against the United States, its agencies
or instrumentalities, its officers, or its employees.
Sec. 4. This order is effective 11:59 p.m. eastern daylight time,
April 15, 1992.
Sec. 5. This order shall be transmitted to the Congress and
published in the Federal Register.
George Bush.
EX. ORD. NO. 12808. BLOCKING "YUGOSLAV GOVERNMENT" PROPERTY AND
PROPERTY OF GOVERNMENTS OF SERBIA AND MONTENEGRO
Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701, et
seq.), the National Emergencies Act (50 U.S.C. 1601, et seq.), and
section 301 of title 3 of the United States Code,
I, GEORGE BUSH, President of the United States of America, find
that the actions and policies of the Governments of Serbia and
Montenegro, acting under the name of the Socialist Federal Republic
of Yugoslavia or the Federal Republic of Yugoslavia, in their
involvement in and support for groups attempting to seize territory
in Croatia and Bosnia-Hercegovina by force and violence utilizing,
in part, the forces of the so-called Yugoslav National Army,
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to
this order, all property and interests in property of the
Government of Serbia and the Government of Montenegro that are in
the United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of
United States persons, including their overseas branches, are
hereby blocked.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to
this order, all property and interests in property in the name of
the Government of the Socialist Federal Republic of Yugoslavia or
the Government of the Federal Republic of Yugoslavia that are in
the United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of
United States persons, including their overseas branches, are
hereby blocked.
Sec. 3. Any transaction by any United States person that evades
or avoids, or has the purpose of evading or avoiding, or attempts
to violate, any of the prohibitions set forth in this order is
prohibited.
Sec. 4. For the purposes of this order:
(a) The term "United States person" means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or
person in the United States;
(b) The terms "Government of Serbia" and "Government of
Montenegro" include the governments of Serbia and Montenegro,
including any subdivisions thereof or local government therein,
their respective agencies, instrumentalities and controlled
entities, and any persons acting or purporting to act for or on
behalf of any of the foregoing, including the National Bank of
Serbia, the Serbian Chamber of Economy, the National Bank of
Montenegro, and the Montenegrin Chamber of Economy;
(c) The terms "Government of the Socialist Federal Republic of
Yugoslavia" and "Government of the Federal Republic of Yugoslavia"
include the government of the former Socialist Federal Republic of
Yugoslavia, the government of the newly constituted Federal
Republic of Yugoslavia, their respective agencies,
instrumentalities and controlled entities, and any persons acting
or purporting to act for or on behalf of any of the foregoing,
including the National Bank of Yugoslavia, the Yugoslav National
Army, and the Yugoslav Chamber of Economy.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by the International Emergency
Economic Powers Act [50 U.S.C. 1701 et seq.], as may be necessary
to carry out the purposes of this order. Such actions may include
prohibiting or regulating payments or transfers of any property, or
any transactions involving the transfer of anything of economic
value by any United States person to the Government of the
Socialist Federal Republic of Yugoslavia, the Government of the
Federal Republic of Yugoslavia, the Government of Serbia, the
Government of Montenegro, any person in Serbia or Montenegro, or
any person or entity acting for or on behalf of, or owned or
controlled, directly or indirectly, by any of the foregoing. The
Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, all
agencies of which are hereby directed to take all appropriate
measures within their authority to carry out the provisions of this
order, including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order shall take effect at 11:59 p.m. Eastern
Daylight Time, May 30, 1992.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George Bush.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NOS. 12808
AND 13088
Notice of President of the United States, dated May 27, 2002, 67
F.R. 37661, provided:
In accordance with section 202(d) of the National Emergencies Act
(50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared on May 30, 1992 [see Ex. Ord. No. 12808, set out
above], with respect to the Federal Republic of Yugoslavia (Serbia
and Montenegro) (the "FRY (S&M)"), as expanded on October 25, 1994
[see Ex. Ord. No. 12934, set out below], in response to the actions
and policies of the Bosnian Serbs. In addition, I am continuing for
1 year the national emergency declared on June 9, 1998 [see Ex.
Ord. No. 13088, set out below], with respect to the FRY (S&M)'s
policies and actions in Kosovo. This notice shall be published in
the Federal Register and transmitted to the Congress.
On May 30, 1992, by Executive Order 12808 [set out above],
President Bush declared a national emergency to deal with the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States constituted by the actions
and policies of the Governments of Serbia and Montenegro. Under
this emergency, President Bush first blocked all property and
interests in property of the Governments of the FRY (S&M), Serbia,
and Montenegro and subsequently prohibited trade and other
transactions with the FRY (S&M).
On October 25, 1994, President Clinton expanded the scope of the
national emergency by issuing Executive Order 12934 [set out below]
to address the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States posed by
the actions and policies of the Bosnian Serb forces and the
authorities in the territory that they controlled within Bosnia and
Herzegovina.
On December 27, 1995, President Clinton issued Presidential
Determination 96-7 [set out above], directing the Secretary of the
Treasury, inter alia, to suspend the application of sanctions
imposed on the FRY (S&M) pursuant to the above-referenced Executive
Orders and to continue to block property previously blocked until
provision is made to address claims or encumbrances, including the
claims of the other successor states of the former Yugoslavia. This
sanctions relief, in conformity with United Nations Security
Council Resolution 1022 of November 22, 1995, was an essential
factor motivating the FRY (S&M)'s acceptance of a peace agreement
initialed by the parties in Dayton on November 21, 1995, and signed
in Paris on December 14, 1995 (hereinafter the "Peace Agreement").
Sanctions against both the FRY (S&M) and the Bosnian Serb forces
were terminated in conjunction with United Nations Security Council
Resolution 1074 of October 1, 1996. This termination, however, did
not end a requirement that those blocked funds and assets that are
subject to claims or encumbrances remain blocked, until unblocked
in accordance with applicable law.
Until the status of all remaining blocked property is resolved,
the Peace Agreement implemented, and the terms of the United
Nations Security Council Resolution 1022 met, the national
emergency declared on May 30, 1992, and the measures adopted
pursuant thereto to deal with that emergency, must continue beyond
May 30, 2002.
On June 9, 1998, by Executive Order 13088 [set out below],
President Clinton found that the actions and policies of the FRY
(S&M) and the Republic of Serbia with respect to Kosovo,
constituted an unusual and extraordinary threat to the national
security and foreign policy of the United States. President Clinton
therefore declared a national emergency to deal with that threat.
On January 17, 2001, President Clinton issued Executive Order
13192 amending Executive Order 13088 [set out below] to lift and
modify, with respect to future transactions, most of the economic
sanctions imposed against the FRY (S&M). At the same time,
Executive Order 13192 imposes restrictions on transactions with
certain persons described in section 1(a) of the order, namely
persons under open indictment for war crimes by the International
Criminal Tribunal for the Former Yugoslavia (ICTY). It also
provides for the continued blocking of property or interests in
property blocked prior to the order's effective date due to the
need to address claims or encumbrances involving such property.
Because the crisis with respect to the situation in Kosovo and
with respect to Slobodan Milosevic, his close associates and
supporters and persons under open indictment for war crimes by the
ICTY has not been resolved, and because the status of all
previously blocked property has yet to be resolved, I have
determined that the national emergency declared on June 9, 1998,
and the measures adopted pursuant thereto to deal with that
emergency, must continue beyond June 9, 2002.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12808 were contained in the following:
Notice of President of the United States, dated May 24, 2001, 66
F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65
F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205.
Notice of President of the United States, dated May 28, 1998, 63
F.R. 29527.
Notice of President of the United States, dated May 28, 1997, 62
F.R. 29283.
Notice of President of the United States, dated May 24, 1996, 61
F.R. 26773.
Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R.
2887.
Notice of President of the United States, dated May 10, 1995, 60
F.R. 25599.
Notice of President of the United States, dated May 25, 1994, 59
F.R. 27429.
Notice of President of the United States, dated May 25, 1993, 58
F.R. 30693.
EX. ORD. NO. 12810. BLOCKING PROPERTY OF AND PROHIBITING
TRANSACTIONS WITH FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO)
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by
Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701, et
seq.), the National Emergencies Act (50 U.S.C. 1601, et seq.),
section 1114 of the Federal Aviation Act of 1958, as amended (49
U.S.C. App. 1514), section 5 of the United Nations Participation
Act of 1945, as amended (22 U.S.C. 287c), and section 301 of title
3 of the United States Code, in view of United Nations Security
Council Resolution No. 757 of May 30, 1992, and in order to take
additional steps with respect to the actions and policies of the
Federal Republic of Yugoslavia (Serbia and Montenegro) and the
national emergency described and declared in Executive Order No.
12808 [set out above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to
this order, and notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, all property and interests in
property of the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro), and property and interests in property
held in the name of the Government of the Federal Republic of
Yugoslavia or of the former Government of the Socialist Federal
Republic of Yugoslavia, that are in the United States, that
hereafter come within the United States, or that are or hereafter
come within the possession or control of United States persons,
including their overseas branches, are blocked.
Sec. 2. The following are prohibited, notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or any contract entered into or any license
or permit granted before the effective date of this order, except
to the extent provided in regulations, orders, directives, or
licenses which may hereafter be issued pursuant to this order:
(a) The importation into the United States of any goods
originating in, or services performed in, the Federal Republic of
Yugoslavia (Serbia and Montenegro), exported from the Federal
Republic of Yugoslavia (Serbia and Montenegro) after May 30, 1992,
or any activity that promotes or is intended to promote such
importation;
(b) The exportation to the Federal Republic of Yugoslavia (Serbia
and Montenegro), or to any entity operated from the Federal
Republic of Yugoslavia (Serbia and Montenegro), or owned or
controlled by the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro), directly or indirectly, of any goods,
technology (including technical data or other information
controlled for export pursuant to the Export Administration
Regulations, 15 C.F.R. Parts 768, et seq.), or services, either (i)
from the United States, (ii) requiring the issuance of a license by
a Federal agency, or (iii) involving the use of U.S.-registered
vessels or aircraft, or any activity that promotes or is intended
to promote such exportation;
(c) Any dealing by a United States person related to property
originating in the Federal Republic of Yugoslavia (Serbia and
Montenegro) exported from the Federal Republic of Yugoslavia
(Serbia and Montenegro) after May 30, 1992, or property intended
for exportation from the Federal Republic of Yugoslavia (Serbia and
Montenegro) to any country, or exportation to the Federal Republic
of Yugoslavia (Serbia and Montenegro) from any country, or any
activity of any kind that promotes or is intended to promote such
dealing;
(d) Any transaction by a United States person, or involving the
use of U.S.-registered vessels and aircraft, relating to
transportation to or from the Federal Republic of Yugoslavia
(Serbia and Montenegro), the provision of transportation to or from
the United States by any person in the Federal Republic of
Yugoslavia (Serbia and Montenegro) or any vessel or aircraft
registered in the Federal Republic of Yugoslavia (Serbia and
Montenegro), or the sale in the United States by any person holding
authority under the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301, et seq.) [now 49 U.S.C. 40101 et seq.], of any
transportation by air that includes any stop in the Federal
Republic of Yugoslavia (Serbia and Montenegro);
(e) The granting of permission to any aircraft to take off from,
land in, or overfly the United States, if the aircraft, as part of
the same flight or as a continuation of that flight, is destined to
land in or has taken off from the territory of the Federal Republic
of Yugoslavia (Serbia and Montenegro);
(f) The performance by any United States person of any contract,
including a financing contract, in support of an industrial,
commercial, public utility, or governmental project in the Federal
Republic of Yugoslavia (Serbia and Montenegro);
(g) Any commitment or transfer, direct or indirect, of funds, or
other financial or economic resources by any United States person
to or for the benefit of the Government of the Federal Republic of
Yugoslavia (Serbia and Montenegro) or any other person in the
Federal Republic of Yugoslavia (Serbia and Montenegro);
(h) Any transaction in the United States or by a United States
person related to participation in sporting events in the United
States by persons or groups representing the Federal Republic of
Yugoslavia (Serbia and Montenegro);
(i) [Revoked by Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58
F.R. 5253.]
Sec. 3. Nothing in this order shall apply to (i) the
transshipment through the Federal Republic of Yugoslavia (Serbia
and Montenegro) of commodities and products originating outside the
Federal Republic of Yugoslavia (Serbia and Montenegro) and
temporarily present in the territory of the Federal Republic of
Yugoslavia (Serbia and Montenegro) only for the purpose of such
transshipment, and (ii) activities related to the United Nations
Protection Force (UNPROFOR), the Conference on Yugoslavia, or the
European Community Monitor Mission.
Sec. 4. Any transaction by any United States person that evades
or avoids, or has the purpose of evading or avoiding, or attempts
to violate, any of the prohibitions set forth in this order is
prohibited.
Sec. 5. For the purposes of this order:
(a) The term "United States person" means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States, and vessels and aircraft of U.S.
registration;
(b) The term "the Federal Republic of Yugoslavia (Serbia and
Montenegro)" means the territory of Serbia and Montenegro;
(c) The term "the Government of the Federal Republic of
Yugoslavia (Serbia and Montenegro)" includes the government of the
newly constituted Federal Republic of Yugoslavia, the Government of
Serbia, and the Government of Montenegro, including any
subdivisions thereof or local governments therein, their respective
agencies, instrumentalities and controlled entities, and any
persons acting or purporting to act for or on behalf of any of the
foregoing, including the National Bank of Yugoslavia, the Yugoslav
National Army, and the Yugoslav Chamber of Economy, the National
Bank of Serbia, the Serbian Chamber of Economy, the National Bank
of Montenegro, and the Montenegrin Chamber of Economy.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by the International Emergency
Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations
Participation Act [22 U.S.C. 287 et seq.], as may be necessary to
carry out the purposes of this order. Such actions may include
prohibiting or regulating payments or transfers of any property, or
any transactions involving the transfer of anything of economic
value by the [sic] any United States person to the Government of
the Federal Republic of Yugoslavia (Serbia and Montenegro), any
person in the Federal Republic of Yugoslavia (Serbia and
Montenegro), or any person or entity acting for or on behalf of, or
owned or controlled, directly or indirectly, by any of the
foregoing. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United States
Government, all agencies of which are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the date of this
order.
Sec. 7. All delegations, rules, regulations, orders, licenses,
and other forms of administrative action made, issued, or otherwise
taken under Executive Order No. 12808 [set out above] and not
revoked administratively shall remain in full force and effect
under this order until amended, modified, or terminated by proper
authority.
Sec. 8. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 9. (a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George Bush.
EX. ORD. NO. 12817. TRANSFER OF CERTAIN IRAQI GOVERNMENT ASSETS
HELD BY DOMESTIC BANKS
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3 of the United
States Code, in order to apply in the United States measures
adopted in United Nations Security Council Resolution No. 778 of
October 2, 1992, and in order to take additional steps with respect
to the actions and policies of the Government of Iraq and the
national emergency described and declared in Executive Order No.
12722 [set out above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. The Secretary of the Treasury is authorized and
directed to take all actions necessary to carry out the provisions
of United Nations Security Council Resolution No. 778 with respect
to blocked funds and other assets described in section 2 of this
order, or funds and other assets received from the United Nations
in repayment of funds and assets transferred pursuant to section 2
of this order. For this purpose, the Secretary of the Treasury is
delegated and authorized to exercise all authorities vested in the
President by sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) and section 5 of the
United Nations Participation Act (22 U.S.C. 287c).
Sec. 2. Upon a determination by the Secretary of the Treasury
that funds or other assets in which the Government of Iraq or its
agencies, instrumentalities, or controlled entities have an
interest represent the proceeds of the sale of Iraqi petroleum or
petroleum products, paid for by or on behalf of the purchaser on or
after August 6, 1990, each and every United States financial
institution is directed and compelled to transfer such funds or
assets held by it or carried on its books to the Federal Reserve
Bank of New York, when, to the extent, and in the manner required
by the Secretary of the Treasury.
Sec. 3. The Federal Reserve Bank of New York, as fiscal agent of
the United States, is authorized, directed, and compelled to
receive funds and other assets in which the Government of Iraq or
its agencies, instrumentalities, or controlled entities have an
interest, and to hold, invest, or transfer such funds and assets,
and any earnings thereon, when, to the extent, and in the manner
required by the Secretary of the Treasury in order to fulfill the
rights and obligations of the United States under United Nations
Security Council Resolution No. 778.
Sec. 4. Compliance with this order, or any regulation,
instruction, or direction issued under this order, licensing,
authorizing, directing, or compelling the transfer of the blocked
funds and other assets described in section 2 of this order, or
funds and other assets received from the United Nations in
repayment of funds and assets transferred pursuant to section 2 of
this order, shall, to the extent thereof, be a full acquittance and
discharge for all purposes of the obligation of the person making
the transfer. No person shall be held liable in any court for or
with respect to anything done or omitted in good faith in
connection with the administration of, or pursuant to and in
reliance on, this order or any regulation, instruction, or
direction issued hereunder. The operation of this order shall have
no effect on rights, debts, and claims existing with respect to
funds or other assets prior to their transfer to the Federal
Reserve Bank of New York.
Sec. 5. For the purposes of this order, the term "United States
financial institution" means any United States citizen, permanent
resident alien, juridical person organized under the laws of the
United States, or any person located in the United States, which is
engaged in the business of accepting deposits, making, granting,
transferring, holding, or brokering loans or credits, or purchasing
or selling foreign exchange or securities, including, but not
limited to, depository institutions, banks, saving banks, trust
companies, securities brokers and dealers, clearing corporations,
investment companies, and U.S. holding companies, U.S. affiliates,
or U.S. subsidiaries of the foregoing. This term includes branches,
offices, and agencies of foreign financial institutions which are
located in the United States.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to take such actions, including
the issuance of directive licenses, rules, and regulations, as may
be necessary to carry out the purposes of this order. The Secretary
of the Treasury may redelegate any of these functions to other
officers and agencies of the Federal Government. All agencies of
the Federal Government are directed to take all appropriate
measures within their authority to carry out the provisions of this
order.
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party (other
than the United States) against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
Sec. 8.
(a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George Bush.
EX. ORD. NO. 12831. ADDITIONAL MEASURES WITH RESPECT TO FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3 of the United
States Code, in view of United Nations Security Council Resolutions
No. 757 of May 30, 1992, and No. 787 of November 16, 1992, and in
order to take additional steps with respect to the actions and
policies of the Federal Republic of Yugoslavia (Serbia and
Montenegro) and the national emergency described and declared in
Executive Order No. 12808 [set out above] and expanded in Executive
Order No. 12810 [set out above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses which may
hereafter be issued pursuant to this order, and notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or any contract entered into or any license
or permit granted before the effective date of this order:
(a) Any transaction within the United States or by a United
States person related to the transshipment of commodities or
products through the Federal Republic of Yugoslavia (Serbia and
Montenegro); and
(b) Any transaction within the United States or by a United
States person relating to any vessel in which a majority or
controlling interest is held by a person or entity in, or operating
from, the Federal Republic of Yugoslavia (Serbia and Montenegro)
regardless of the flag under which the vessel sails.
Sec. 2. Any vessel in which a majority or controlling interest is
held by a person or entity in, or operating from, the Federal
Republic of Yugoslavia (Serbia and Montenegro) shall be considered
as a vessel of the Federal Republic of Yugoslavia (Serbia and
Montenegro) regardless of the flag under which the vessel sails.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by the International Emergency
Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations
Participation Act [22 U.S.C. 287 et seq.], as may be necessary to
carry out the purpose of this order. Such actions may include
prohibiting or regulating trade and financial transactions
involving any areas of the territory of the former Socialist
Federal Republic of Yugoslavia as to which there is inadequate
assurance that such transactions will not be diverted to the
benefit of the Federal Republic of Yugoslavia (Serbia and
Montenegro). The Secretary of the Treasury may redelegate the
authority set forth in this order to other officers and agencies of
the United States Government, all agencies of which are hereby
directed to take all appropriate measures within their authority to
carry out the provisions of this order, including suspension or
termination of licenses or other authorizations in effect as of the
date of this order.
Sec. 4. Section 3[2](i) of Executive Order No. 12810 [set out
above] is hereby revoked.
Sec. 5. The definitions contained in Section 5 of Executive Order
No. 12810 [set out above] apply to the terms used in this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George Bush.
EX. ORD. NO. 12846. ADDITIONAL MEASURES WITH RESPECT TO FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code, in view of United Nations Security Council Resolution No. 757
of May 30, 1992, No. 787 of November 16, 1992, and No. 820 of April
17, 1993, and in order to take additional steps with respect to the
actions and policies of the Federal Republic of Yugoslavia (Serbia
and Montenegro) and the national emergency described and declared
in Executive Order No. 12808 [set out above] and expanded in
Executive Order No. 12810 [set out above] and No. 12831 [set out
above],
I, WILLIAM J. CLINTON, President of the United States of America,
hereby order:
Section 1. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses which may hereafter be
issued pursuant to this order:
(a) All property and interests in property of all commercial,
industrial, or public utility undertakings or entities organized or
located in the Federal Republic of Yugoslavia (Serbia and
Montenegro), including, without limitation, the property and
interests in property of entities (wherever organized or located)
owned or controlled by such undertakings or entities, that are in
the United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of
United States persons, including their overseas branches, are
hereby blocked;
(b) All expenses incident to the blocking and maintenance of
property blocked under Executive Order Nos. 12808, 12810, 12831
[set out above] or this order shall be charged to the owners or
operators of such property, which expenses shall not be met from
blocked funds. Such property may also be sold or liquidated and the
proceeds placed in a blocked interest-bearing account in the name
of the owner;
(c) All vessels, freight vehicles, rolling stock, aircraft and
cargo that are within or hereafter come within the United States
and are not subject to blocking under Executive Order Nos. 12808,
12810, 12831 or this order, but which are suspected of a violation
of United Nations Security Council Resolution Nos. 713, 757, 787 or
820, shall be detained pending investigation and, upon a
determination by the Secretary of the Treasury that they have been
in violation of any of these resolutions, shall be blocked. Such
blocked conveyances and cargo may also be sold or liquidated and
the proceeds placed in a blocked interest-bearing account in the
name of the owner;
(d) No vessel registered in the United States or owned or
controlled by United States persons, other than a United States
naval vessel, may enter the territorial waters of the Federal
Republic of Yugoslavia (Serbia and Montenegro); and
(e) Any dealing by a United States person relating to the
importation from, exportation to, or transshipment through the
United Nations Protected Areas in the Republic of Croatia and those
areas of the Republic of Bosnia-Hercegovina under the control of
Bosnian Serb forces, or activity of any kind that promotes or is
intended to promote such dealing, is prohibited.
Sec. 2. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by the International Emergency
Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations
Participation Act [22 U.S.C. 287 et seq.] as may be necessary to
carry out the purposes of this order. The Secretary of the Treasury
may redelegate the authority set forth in this order to other
officers and agencies of the Federal Government, all agencies of
which are hereby directed to take all appropriate measures within
their authority to carry out the provisions of this order,
including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 3. Nothing in this order shall apply to activities related
to the United Nations Protection Force, the International
Conference on the Former Yugoslavia, and the European Community
Monitor Mission.
Sec. 4. The definitions contained in section 5 of Executive Order
No. 12810 [set out above] apply to the terms used in this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. This order shall not affect the provisions of licenses
and authorizations issued pursuant to Executive Order Nos. 12808,
12810, 12831 [set out above] and in force on the effective date of
this order, except as such licenses or authorization may hereafter
be terminated, modified or suspended by the issuing federal agency.
Sec. 7. (a) This order shall take effect at 12:01 a.m. Eastern
Daylight Time, April 26, 1993.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EXECUTIVE ORDER NO. 12853
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti and the de facto regime in Haiti or
controlled directly or indirectly by either that were in United
States or within possession or control of United States persons and
which prohibited sale or supply to Haiti of petroleum or arms and
related materiel by United States persons or from United States or
using U.S.-registered vessels or aircraft, was revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EX. ORD. NO. 12865. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO UNITA
Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code, and in view of United Nations Security Council Resolution No.
864 of September 15, 1993,
I, WILLIAM J. CLINTON, President of the United States of America,
take note of the United Nations Security Council's determination
that, as a result of UNITA's military actions, the situation in
Angola constitutes a threat to international peace and security,
and find that the actions and policies of UNITA, in continuing
military actions, repeated attempts to seize additional territory
and failure to withdraw its troops from locations that it has
occupied since the resumption of hostilities, in repeatedly
attacking United Nations personnel working to provide humanitarian
assistance, in holding foreign nationals against their will, in
refusing to accept the results of the democratic elections held in
Angola in 1992, and in failing to abide by the "Acordos de Paz,"
constitute an unusual and extraordinary threat to the foreign
policy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or contract entered into or any license or
permit granted before the effective date of this order, except to
the extent provided in regulations, orders, directives, or licenses
which may hereafter be issued pursuant to this order:
(a) The sale or supply by United States persons or from the
United States, or using U.S.-registered vessels or aircraft, of
arms and related materiel of all types, including weapons and
ammunition, military vehicles and equipment and spare parts for the
aforementioned, as well as petroleum and petroleum products,
regardless of origin:
(1) to UNITA;
(2) to the territory of Angola, other than through points of
entry to be designated by the Secretary of the Treasury, or any
activity by United States persons or in the United States which
promotes or is calculated to promote such sale or supply.
(b) Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order.
Sec. 2. For purposes of this order:
(a) The term "United States person" means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or
person in the United States;
(b) The term "UNITA" includes:
(1) the Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the "National Union for the Total
Independence of Angola;"
(2) the Forcas Armadas para a Liberacao de Angola (FALA), known
in English as the "Armed Forces for the Liberation of Angola;"
and
(3) any person acting or purporting to act for or on behalf of
any of the foregoing, including the Free Angola Information
Service, Inc.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by the International Emergency
Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations
Participation Act [22 U.S.C. 287 et seq.] as may be necessary to
carry out the purpose of this order. The Secretary of the Treasury
may redelegate any of these functions to other officers and
agencies of the United States Government.
Sec. 4. Nothing contained in the order shall be construed to
supersede the requirements established under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) and the Export Administration
Act (50 U.S.C. App. 2401 et seq.) to obtain licenses for the
exportation from the United States or from a third country of any
goods, data, or services subject to the export jurisdiction of the
Department of State or the Department of Commerce.
Sec. 5. All Federal agencies are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the date of this
order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order shall take effect immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12865
Notice of President of the United States, dated Sept. 23, 2002,
67 F.R. 60105, provided:
In accordance with section 202(d) of the National Emergencies Act
(50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency declared by the President on September 26, 1993, by
Executive Order 12865 [set out above], to deal with the unusual and
extraordinary threat to the foreign policy of the United States
constituted by the actions and policies of the National Union for
the Total Independence of Angola (UNITA). The order prohibits the
sale or supply by United States persons or from the United States,
or using U.S. registered vessels or aircraft, of arms, related
materiel of all types, petroleum, and petroleum products to the
territory of Angola, other than through designated points of entry.
The order also prohibits the sale or supply of such commodities to
UNITA.
The President took additional measures with respect to the
national emergency declared in Executive Order 12865 by issuing
Executive Orders 13069 [set out below] and 13098 [set out below] on
December 12, 1997, and August 18, 1998, respectively. Those orders
close all UNITA offices in the United States, block all property
and interests in property of UNITA and designated UNITA officials
and adult members of their immediate families, prohibit the
importation of certain diamonds exported from Angola, and impose
additional sanctions with respect to the provision of mining and
transportation equipment and services.
Because of our continuing international obligations and because
of the prejudicial effect that discontinuation of the sanctions
would have on prospects for peace in Angola, the national emergency
declared on September 26, 1993, and the measures adopted pursuant
thereto to deal with that emergency, must continue in effect beyond
September 26, 2002. Therefore, I am continuing the national
emergency with respect to UNITA.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12865 were contained in the following:
Notice of President of the United States, dated Sept. 24, 2001,
66 F.R. 49084.
Notice of President of the United States, dated Sept. 22, 2000,
65 F.R. 57721.
Notice of President of the United States, dated Sept. 21, 1999,
64 F.R. 51419.
Notice of President of the United States, dated Sept. 23, 1998,
63 F.R. 51509.
Notice of President of the United States, dated Sept. 24, 1997,
62 F.R. 50477.
Notice of President of the United States, dated Sept. 16, 1996,
61 F.R. 49047.
Notice of President of the United States, dated Sept. 18, 1995,
60 F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994, 59
F.R. 42749.
EX. ORD. NO. 12867. TERMINATION OF EMERGENCY AUTHORITY FOR CERTAIN
EXPORT CONTROLS
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 203
of the International Emergency Economic Powers Act (50 U.S.C. 1702)
("the IEEPA"), the National Emergencies Act (50 U.S.C. 1601 et
seq.), the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.) ("the Act"), and section 301 of title 3 of the
United States Code, it is hereby ordered as follows:
Section 1. In view of the extension of the Act by Public Law
103-10 (March 27, 1993) [amending 50 App. U.S.C. 2419], Executive
Order No. 12730 of September 30, 1990, which continued the effect
of export control regulations under the IEEPA, is revoked, and the
declaration of economic emergency is rescinded, as provided in this
order.
Sec. 2. The revocation of Executive Order No. 12730 shall not
affect any violation of any rules, regulations, orders, licenses,
and other forms of administrative action under that Order that
occurred during the period the order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and Executive Order No. 12735, including those codified
at 15 CFR Sections 768-799 (1993), and all orders, regulations,
licenses, and other forms of administrative action issued, taken,
or continued in effect pursuant thereto, shall remain in full force
and effect, as if issued, taken, or continued in effect pursuant to
and as authorized by the Act or by other appropriate authority
until amended or revoked by the proper authority. Nothing in this
order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set
forth in Executive Order No. 12002 of July 7, 1977, Executive Order
No. 12214 of May 2, 1980 [50 App. U.S.C. 2403 notes], and Executive
Order No. 12735 of November 16, 1990.
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant to the authority of the IEEPA and Executive Order No.
12730 relating to the administration of Section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) shall remain in full force
and effect until amended or revoked under proper authority.
Sec. 4. This order shall take effect immediately.
William J. Clinton.
EXECUTIVE ORDER NO. 12868
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, which directed
Secretary of Commerce to regulate activities of United States
persons to prevent participation in weapons proliferation
activities, was revoked, with savings provision, by Ex. Ord. No.
12930, Sec. 3, Sept. 29, 1994, 59 F.R. 50475, formerly set out
below.
EXECUTIVE ORDER NO. 12872
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, which directed
Secretary of the Treasury to block property of persons obstructing
democratization in Haiti, was revoked by Ex. Ord. No. 12932, Oct.
14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12914
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, which directed
Secretary of the Treasury to block all funds and financial
resources of officers and employees of Haitian military, including
police, and of all major participants in coup d'e&233;tat in Haiti
of 1991 and in illegal governments that followed, and which
prohibited air travel between United States territory and Haiti
except regularly scheduled commercial passenger flights, was
revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, set
out below.
EXECUTIVE ORDER NO. 12917
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, which prohibited
imports into United States from Haiti and activity by United States
persons or in United States promoting or dealing in Haitian
exports, with certain exceptions, was revoked by Ex. Ord. No.
12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12920
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, which
prohibited payment or transfer of funds or other financial or
investment assets or credits to Haiti from or through United States
or from Haiti to or through United States and the sale, supply, or
exportation of goods, technology, or services to Haiti or promotion
of such activity, with certain exceptions, was revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12922
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, which directed
Secretary of the Treasury to block property and interests in
property of Haitian national residents in Haiti and to continue
blocking property of certain other persons that were in United
States or within possession and control of United States persons,
was revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403,
set out below.
EXECUTIVE ORDER NO. 12923
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12924, Sec. 4,
Aug. 19, 1994, 59 F.R. 43438, set out below.
EXECUTIVE ORDER NO. 12924
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 13206, Sec. 1,
Apr. 4, 2001, 66 F.R. 18397, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12924 were contained in the following:
Notice of President of the United States, dated Aug. 3, 2000, 65
F.R. 48347.
Notice of President of the United States, dated Aug. 10, 1999, 64
F.R. 44101.
Notice of President of the United States, dated Aug. 13, 1998, 63
F.R. 44121.
Notice of President of the United States, dated Aug. 13, 1997, 62
F.R. 43629.
Notice of President of the United States, dated Aug. 14, 1996, 61
F.R. 42527.
Notice of President of the United States, dated Aug. 15, 1995, 60
F.R. 42767.
EXECUTIVE ORDER NO. 12930
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, which directed
Secretary of Commerce to take measures to restrict participation by
United States persons in weapons proliferation activities, was
revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.
59099, set out below.
EX. ORD. NO. 12932. TERMINATION OF EMERGENCY WITH RESPECT TO HAITI
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act ("NEA") (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c), and section 301 of title 3, United
States Code, and taking into consideration United Nations Security
Council Resolution 944 of September 29, 1994,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the restoration of a democratically elected government in
Haiti has ended the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
previously posed by the policies and actions of the de facto regime
in Haiti and the need to continue the national emergency declared
in Executive Order No. 12775 of October 4, 1991, to deal with that
threat.
I hereby revoke Executive Order Nos. 12775, 12779, 12853, 12872,
12914, 12917, 12920, and 12922 and terminate the national emergency
declared in Executive Order No. 12775 with respect to Haiti.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination
of the national emergency with respect to Haiti shall not affect
any action taken or proceeding pending not finally concluded or
determined as of the effective date of this order, or any action or
proceeding based on any act committed prior to the effective date
of this order, or any rights or duties that matured or penalties
that were incurred prior to the effective date of this order.
This order shall take effect at 12:01 a.m. eastern daylight time
on October 16, 1994.
William J. Clinton.
EX. ORD. NO. 12934. BLOCKING PROPERTY AND ADDITIONAL MEASURES WITH
RESPECT TO BOSNIAN SERB-CONTROLLED AREAS OF REPUBLIC OF BOSNIA AND
HERZEGOVINA
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code, in view of United Nations Security Council Resolution 942 of
September 23, 1994, and in order to take additional steps with
respect to the crisis in the former Yugoslavia, I hereby expand the
scope of the national emergency declared in Executive Order No.
12808 [set out above] to address the unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States posed by the actions and policies of the Bosnian Serb
forces and the authorities in the territory that they control,
including their refusal to accept the proposed territorial
settlement of the conflict in the Republic of Bosnia and
Herzegovina.
I, WILLIAM J. CLINTON, President of the United States of America,
hereby order:
Section 1. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses, which may hereafter
be issued pursuant to this order, all property and interests in
property of: (a) the Bosnian Serb military and paramilitary forces
and the authorities in those areas of the Republic of Bosnia and
Herzegovina under the control of those forces;
(b) any entity, including any commercial, industrial, or public
utility undertaking, organized or located in those areas of the
Republic of Bosnia and Herzegovina under the control of Bosnian
Serb forces;
(c) any entity, wherever organized or located, which is owned or
controlled directly or indirectly by any person in, or resident in,
those areas of the Republic of Bosnia and Herzegovina under the
control of Bosnian Serb forces;
(d) any person acting for or on behalf of any person included
within the scope of paragraph (a), (b), or (c) of this section;
that are in the United States, that hereafter come within the
United States, or that are or hereafter come within the possession
or control of United States persons, including their overseas
branches, are blocked.
Sec. 2. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses, which may hereafter
be issued pursuant to this order: (a) the provision or exportation
of services to those areas of the Republic of Bosnia and
Herzegovina under the control of Bosnian Serb forces, or to any
person for the purpose of any business carried on in those areas,
either from the United States or by a United States person, is
prohibited; and
(b) no vessel registered in the United States or owned or
controlled by a United States person, other than a United States
naval vessel, may enter the riverine ports of those areas of the
Republic of Bosnia and Herzegovina under the control of Bosnian
Serb forces.
Sec. 3. Any transaction by any United States person that evades
or avoids, or has the purpose of evading or avoiding, or attempts
to violate, any of the prohibitions set forth in this order is
prohibited.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to me by the International Emergency Economic
Powers Act [50 U.S.C. 1701 et seq.] and the United Nations
Participation Act of 1945 [22 U.S.C. 287 et seq.], as amended, as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate the authority set forth in
this order to other officers and agencies of the United States
Government, all agencies of which are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the date of this
order.
Sec. 5. Nothing in this order shall apply to activities related
to the United Nations Protection Force, the International
Conference on the Former Yugoslavia, or the European Community
Monitoring Missions.
Sec. 6. For the purposes of this order:
(a) The term "person" means an individual or entity;
(b) The term "entity" means a corporation, partnership,
association, or other organization;
(c) The term "United States person" is as defined in section 5 of
Executive Order No. 12810 [set out above].
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 8 (a) This order shall take effect at 11:59 p.m. eastern
daylight time on October 25, 1994.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EX. ORD. NO. 12938. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by
Ex. Ord. No. 13094, Sec. 1, July 28, 1998, 63 F.R. 40803; Ex. Ord.
No. 13128, June 25, 1999, 64 F.R. 34704, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the
Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.),
Executive Orders Nos. 12851 [22 U.S.C. 2797 note] and 12924 [set
out above], and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the proliferation of nuclear, biological, and chemical
weapons ("weapons of mass destruction") and of the means of
delivering such weapons, constitutes an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States, and hereby declare a national emergency to deal with
that threat.
Accordingly, I hereby order:
Section 1. International Negotiations. It is the policy of the
United States to lead and seek multilaterally coordinated efforts
with other countries to control the proliferation of weapons of
mass destruction and the means of delivering such weapons.
Accordingly, the Secretary of State shall cooperate in and lead
multilateral efforts to stop the proliferation of weapons of mass
destruction and their means of delivery.
Sec. 2. Imposition of Controls. As provided herein, the Secretary
of State and the Secretary of Commerce shall use their respective
authorities, including the Arms Export Control Act [22 U.S.C. 2751
et seq.] and the International Emergency Economic Powers Act [50
U.S.C. 1701 et seq.], to control any exports, to the extent they
are not already controlled by the Department of Energy and the
Nuclear Regulatory Commission, that either Secretary determines
would assist a country in acquiring the capability to develop,
produce, stockpile, deliver, or use weapons of mass destruction or
their means of delivery. The Secretary of State shall pursue early
negotiations with foreign governments to adopt effective measures
comparable to those imposed under this order.
Sec. 3. Department of Commerce Controls. (a) The Secretary of
Commerce shall prohibit the export of any goods, technology, or
services subject to the Secretary's export jurisdiction that the
Secretary of Commerce determines, in consultation with the
Secretary of State, the Secretary of Defense, and other appropriate
officials, would assist a foreign country in acquiring the
capability to develop, produce, stockpile, deliver, or use weapons
of mass destruction or their means of delivery. The Secretary of
State shall pursue early negotiations with foreign governments to
adopt effective measures comparable to those imposed under this
section.
(b) Subsection (a) of this section will not apply to exports
relating to a particular category of weapons of mass destruction
(i.e., nuclear, chemical, or biological weapons) if their
destination is a country with whose government the United States
has entered into a bilateral or multilateral arrangement for the
control of that category of weapons of mass destruction-related
goods (including delivery systems) and technology, or maintains
domestic export controls comparable to controls that are imposed by
the United States with respect to that category of goods and
technology, or that are otherwise deemed adequate by the Secretary
of State.
(c) The Secretary of Commerce shall require validated licenses to
implement this order and shall coordinate any license applications
with the Secretary of State and the Secretary of Defense.
(d) The Secretary of Commerce, in consultation with the Secretary
of State, shall take such actions, including the promulgation of
rules, regulations, and amendments thereto, as may be necessary to
continue to regulate the activities of United States persons in
order to prevent their participation in activities that could
contribute to the proliferation of weapons of mass destruction or
their means of delivery, as provided in the Export Administration
Regulations, set forth in Title 15, Chapter VII, Subchapter C, of
the Code of Federal Regulations, Parts 768 to 799 inclusive.
(e) the Secretary of Commerce shall impose and enforce such
restrictions on the importation of chemicals into the United States
as may be necessary to carry out the requirements of the Convention
on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction.
Sec. 4. Measures Against Foreign Persons.
(a) Determination by Secretary of State; Imposition of Measures.
Except to the extent provided in section 203(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)),
where applicable, if the Secretary of State determines that a
foreign person, on or after November 16, 1990, the effective date
of Executive Order 12735, the predecessor order to Executive Order
12938, has materially contributed or attempted to contribute
materially to the efforts of any foreign country, project, or
entity of proliferation concern to use, acquire, design, develop,
produce, or stockpile weapons of mass destruction or missiles
capable of delivering such weapons, the measures set forth in
subsections (b), (c), and (d) of this section shall be imposed on
that foreign person to the extent determined by the Secretary of
State in consultation with the implementing agency and other
relevant agencies. Nothing in this section is intended to preclude
the imposition on that foreign person of other measures or
sanctions available under this order or under other authorities.
(b) Procurement Ban. No department or agency of the United States
Government may procure, or enter into any contract for the
procurement of, any goods, technology, or services from any foreign
person described in subsection (a) of this section.
(c) Assistance Ban. No department or agency of the United States
Government may provide any assistance to any foreign person
described in subsection (a) of this section, and no such foreign
person shall be eligible to participate in any assistance program
of the United States Government.
(d) Import Ban. The Secretary of the Treasury shall prohibit the
importation into the United States of goods, technology, or
services produced or provided by any foreign person described in
subsection (a) of this section, other than information or
informational materials within the meaning of section 203(b)(3) of
the International Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)).
(e) Termination. Measures pursuant to this section may be
terminated against a foreign person if the Secretary of State
determines that there is reliable evidence that such foreign person
has ceased all activities referred to in subsection (a) of this
section.
(f) Exceptions. Departments and agencies of the United States
Government, acting in consultation with the Secretary of State,
may, by license, regulation, order, directive, exception, or
otherwise, provide for:
(i) Procurement contracts necessary to meet U.S. operational
military requirements or requirements under defense production
agreements; intelligence requirements; sole source suppliers,
spare parts, components, routine servicing and maintenance of
products for the United States Government; and medical and
humanitarian items; and
(ii) Performance pursuant to contracts in force on the
effective date of this order under appropriate circumstances.
Sec. 5. Sanctions Against Foreign Countries. (a) In addition to
the sanctions imposed on foreign countries as provided in the
Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991 [22 U.S.C. 5601 et seq.], sanctions also shall be imposed
on a foreign country as specified in subsection (b) of this
section, if the Secretary of State determines that the foreign
country has, on or after the effective date of this order or its
predecessor, Executive Order No. 12735 of November 16, 1990, (1)
used chemical or biological weapons in violation of international
law; (2) made substantial preparations to use chemical or
biological weapons in violation of international law; or (3)
developed, produced, stockpiled, or otherwise acquired chemical or
biological weapons in violation of international law.
(b) The following sanctions shall be imposed on any foreign
country identified in subsection (a)(1) of this section unless the
Secretary of State determines, on grounds of significant foreign
policy or national security, that any individual sanction should
not be applied. The sanctions specified in this section may be made
applicable to the countries identified in subsections (a)(2) or
(a)(3) when the Secretary of State determines that such action will
further the objectives of this order pertaining to proliferation.
The sanctions specified in subsection (b)(2) below shall be imposed
with the concurrence of the Secretary of the Treasury.
(1) Foreign Assistance. No assistance shall be provided to that
country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et
seq.], or any successor act, or the Arms Export Control Act [22
U.S.C. 2751 et seq.], other than assistance that is intended to
benefit the people of that country directly and that is not
channeled through governmental agencies or entities of that
country.
(2) Multilateral Development Bank Assistance. The United States
shall oppose any loan or financial or technical assistance to that
country by international financial institutions in accordance with
section 701 of the International Financial Institutions Act (22
U.S.C. 262d).
(3) Denial of Credit or Other Financial Assistance. The United
States shall deny to that country any credit or financial
assistance by any department, agency, or instrumentality of the
United States Government.
(4) Prohibition of Arms Sales. The United States Government shall
not, under the Arms Export Control Act, sell to that country any
defense articles or defense services or issue any license for the
export of items on the United States Munitions List.
(5) Exports of National Security-Sensitive Goods and Technology.
No exports shall be permitted of any goods or technologies
controlled for national security reasons under the Export
Administration Regulations.
(6) Further Export Restrictions. The Secretary of Commerce shall
prohibit or otherwise substantially restrict exports to that
country of goods, technology, and services (excluding agricultural
commodities and products otherwise subject to control).
(7) Import Restrictions. Restrictions shall be imposed on the
importation into the United States of articles (that may include
petroleum or any petroleum product) that are the growth, product,
or manufacture of that country.
(8) Landing Rights. At the earliest practicable date, the
Secretary of State shall terminate, in a manner consistent with
international law, the authority of any air carrier that is
controlled in fact by the government of that country to engage in
air transportation (as defined in section 101(10) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1301(10) [see 49 U.S.C.
40102(5)]).
Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or
5 of this order shall remain in force until the Secretary of State
determines that lifting any sanction is in the foreign policy or
national security interests of the United States or, as to
sanctions under section 4 of this order, until the Secretary has
made the determination under section 4(e).
Sec. 7. Implementation. The Secretary of State, the Secretary of
the Treasury, and the Secretary of Commerce are hereby authorized
and directed to take such actions, including the promulgation of
rules and regulations, as may be necessary to carry out the
purposes of this order. These actions, and in particular those in
sections 4 and 5 of this order, shall be made in consultation with
the Secretary of Defense and, as appropriate, other agency heads
and shall be implemented in accordance with procedures established
pursuant to Executive Order No. 12851 [22 U.S.C. 2797 note]. The
Secretary concerned may redelegate any of these functions to other
officers in agencies of the Federal Government. All heads of
departments and agencies of the United States Government are
directed to take all appropriate measures within their authority to
carry out the provisions of this order, including the suspension or
termination of licenses or other authorizations.
Sec. 8. Preservation of Authorities. Nothing in this order is
intended to affect the continued effectiveness of any rules,
regulations, orders, licenses, or other forms of administrative
action issued, taken, or continued in effect heretofore or
hereafter under the authority of the International Economic
Emergency Powers Act [International Emergency Economic Powers Act,
50 U.S.C. 1701 et seq.], the Export Administration Act [50 App.
U.S.C. 2401 et seq.], the Arms Export Control Act [22 U.S.C. 2751
et seq.], the Nuclear Non-proliferation Act [22 U.S.C. 3201 et
seq.], Executive Order No. 12730 of September 30, 1990 [50 U.S.C.
1701 note], Executive Order No. 12735 of November 16, 1990,
Executive Order No. 12924 of August 18, 1994 [50 U.S.C. 1701 note],
and Executive Order No. 12930 of September 29, 1994.
Sec. 9. Judicial Review. This order is not intended to create,
nor does it create, any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, or any other person.
Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930.
Executive Order No. 12735 of November 16, 1990, and Executive Order
No. 12930 of September 29, 1994, are hereby revoked.
Sec. 11. Effective Date. This order is effective immediately.
This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12938
Notice of President of the United States, dated Nov. 6, 2002, 67
F.R. 68493, provided:
On November 14, 1994, by Executive Order 12938 [set out above],
President Clinton declared a national emergency with respect to the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States posed by the proliferation
of nuclear, biological, and chemical weapons (weapons of mass
destruction) and the means of delivering such weapons. On July 28,
1998, the President issued Executive Order 13094 to amend Executive
Order 12938 to more effectively respond to the worldwide threat of
weapons of mass destruction proliferation activities. Because the
proliferation of weapons of mass destruction and the means of
delivering them continues to pose an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States, the national emergency first declared on November
14, 1994, and extended on November 14, 1995, November 12, 1996,
November 13, 1997, November 12, 1998, November 10, 1999, November
12, 2000, and November 9, 2001, must continue in effect beyond
November 14, 2002. In accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency declared in Executive Order 12938, as
amended.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12938 were contained in the following:
Notice of President of the United States, dated Nov. 9, 2001, 66
F.R. 56965.
Notice of President of the United States, dated Nov. 9, 2000, 65
F.R. 68063.
Notice of President of the United States, dated Nov. 10, 1999, 64
F.R. 61767.
Notice of President of the United States, dated Nov. 12, 1998, 63
F.R. 63589.
Notice of President of the United States, dated Nov. 12, 1997, 62
F.R. 60993.
Notice of President of the United States, dated Nov. 12, 1996, 61
F.R. 58309.
Notice of President of the United States, dated Nov. 8, 1995, 60
F.R. 57137.
EX. ORD. NO. 12947. PROHIBITING TRANSACTIONS WITH TERRORISTS WHO
THREATEN TO DISRUPT MIDDLE EAST PEACE PROCESS
Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by
Ex. Ord. No. 13099, Secs. 1, 2, Aug. 20, 1998, 63 F.R. 45167,
provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that grave acts of violence committed by foreign terrorists
that disrupt the Middle East peace process constitute an unusual
and extraordinary threat to the national security, foreign policy,
and economy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. Except to the extent provided in section 203(b)(3) and
(4) of IEEPA (50 U.S.C. 1702(b)(3) and (4)) and in regulations,
orders, directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any license
or permit granted prior to the effective date: (a) all property and
interests in property of:
(i) the persons listed in the Annex to this order;
(ii) foreign persons designated by the Secretary of State, in
coordination with the Secretary of the Treasury and the Attorney
General, because they are found:
(A) to have committed, or to pose a significant risk of
committing, acts of violence that have the purpose or effect of
disrupting the Middle East peace process, or
(B) to assist in, sponsor, or provide financial, material, or
technological support for, or services in support of, such acts
of violence; and
(iii) persons determined by the Secretary of the Treasury, in
coordination with the Secretary of State and the Attorney
General, to be owned or controlled by, or to act for or on behalf
of, any of the foregoing persons, that are in the United States,
that hereafter come within the United States, or that hereafter
come within the possession or control of United States persons,
are blocked;
(b) any transaction or dealing by United States persons or within
the United States in property or interests in property of the
persons designated in or pursuant to this order is prohibited,
including the making or receiving of any contribution of funds,
goods, or services to or for the benefit of such persons;
(c) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order, is prohibited.
Sec. 2. For the purposes of this order: (a) the term "person"
means an individual or entity;
(b) the term "entity" means a partnership, association,
corporation, or other organization, group, or subgroup;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) the term "foreign person" means any citizen or national of a
foreign state (including any such individual who is also a citizen
or national of the United States) or any entity not organized
solely under the laws of the United States or existing solely in
the United States, but does not include a foreign state.
Sec. 3. I hereby determine that the making of donations of the
type specified in section 203(b)(2)(A) of IEEPA (50 U.S.C.
1702(b)(2)(A)) by United States persons to persons designated in or
pursuant to this order would seriously impair my ability to deal
with the national emergency declared in this order, and hereby
prohibit such donations as provided by section 1 of this order.
Sec. 4. (a) The Secretary of the Treasury, in consultation with
the Secretary of State and, as appropriate, the Attorney General,
is hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers
granted to me by IEEPA as may be necessary to carry out the
purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of
the United States Government. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order.
(b) Any investigation emanating from a possible violation of this
order, or of any license, order, or regulation issued pursuant to
this order, shall first be coordinated with the Federal Bureau of
Investigation (FBI), and any matter involving evidence of a
criminal violation shall be referred to the FBI for further
investigation. The FBI shall timely notify the Department of the
Treasury of any action it takes on such referrals.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m., eastern
standard time on January 24, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
-MISC3-
ANNEX
TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS
Abu Hafs al-Masri
Abu Nidal Organization (ANO)
Democratic Front for the Liberation of Palestine (DFLP)
Hizballah
Islamic Army (a.k.a. Al-Qaida, Islamic Salvation Foundation, The
Islamic Army for the Liberation of the Holy Places, The World
Islamic Front for Jihad Against Jews and Crusaders, and The Group
for the Preservation of the Holy Sites)
Islamic Gama'at (IG)
Islamic Resistance Movement (HAMAS)
Jihad
Kach
Kahane Chai
Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)
Popular Front for the Liberation of Palestine (PFLP)
Popular Front for the Liberation of Palestine-General Command
(PFLP-GC)
Rifa'i Ahmad Taha Musa
Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama bin Ladin)
-EXEC-
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12947
Notice of President of the United States, dated Jan. 20, 2003, 68
F.R. 3161, provided:
On January 23, 1995, by Executive Order 12947 [set out above],
the President declared a national emergency pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706)
to deal with the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
constituted by grave acts of violence committed by foreign
terrorists who threaten to disrupt the Middle East peace process.
On August 20, 1998, by Executive Order 13099 [amending Ex. Ord. No.
12947, set out above], the President identified four additional
persons, including Usama bin Ladin, who threaten to disrupt the
Middle East peace process.
Because these terrorist activities continue to threaten the
Middle East peace process and continue to pose an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, the national emergency declared on
January 23, 1995, as expanded on August 20, 1998, and the measures
adopted on those dates to deal with that emergency must continue in
effect beyond January 23, 2003. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency with respect to
foreign terrorists who threaten to disrupt the Middle East peace
process.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12947 were contained in the following:
Notice of President of the United States, dated Jan. 18, 2002, 67
F.R. 3033.
Notice of President of the United States, dated Jan. 19, 2001, 66
F.R. 7371.
Notice of President of the United States, dated Jan. 19, 2000, 65
F.R. 3581.
Notice of President of the United States, dated Jan. 20, 1999, 64
F.R. 3393.
Notice of President of the United States, dated Jan. 21, 1998, 63
F.R. 3445.
Notice of President of the United States, dated Jan. 21, 1997, 62
F.R. 3439.
Notice of President of the United States, dated Jan. 18, 1996, 61
F.R. 1695.
EX. ORD. NO. 12957. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO DEVELOPMENT OF IRANIAN PETROLEUM RESOURCES
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and
section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions and policies of the Government of Iran
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may
be issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date of this order: (a) the entry into or performance by
a United States person, or the approval by a United States person
of the entry into or performance by an entity owned or controlled
by a United States person, of (i) a contract that includes overall
supervision and management responsibility for the development of
petroleum resources located in Iran, or (ii) a guaranty of another
person's performance under such a contract;
(b) the entry into or performance by a United States person, or
the approval by a United States person of the entry into or
performance by an entity owned or controlled by a United States
person, of (i) a contract for the financing of the development of
petroleum resources located in Iran, or (ii) a guaranty of another
person's performance under such a contract; and
(c) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 2. For the purposes of this order: (a) The term "person"
means an individual or entity;
(b) The term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) The term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) The term "Iran" means the land territory claimed by Iran and
any other area over which Iran claims sovereignty, sovereign rights
or jurisdiction, including the territorial sea, exclusive economic
zone, and continental shelf claimed by Iran.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to me by the International Emergency Economic
Powers Act as may be necessary to carry out the purposes of this
order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States
Government. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to
carry out the provisions of this order.
Sec. 4. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 5. (a) This order is effective at 12:01 a.m., eastern
standard time, on March 16, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
[Sections 1 and 2 of Ex. Ord. No. 12957 were revoked by Ex. Ord.
No. 12959, Sec. 5, May 6, 1995, 60 F.R. 24758, set out below, to
the extent inconsistent with Ex. Ord. No. 12959.]
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12957
Notice of President of the United States, dated Mar. 12, 2003, 68
F.R. 12563, provided:
On March 15, 1995, by Executive Order 12957 [set out above], the
President declared a national emergency with respect to Iran
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States constituted by the actions and policies of the Government of
Iran, including its support for international terrorism, efforts to
undermine the Middle East peace process, and acquisition of weapons
of mass destruction and the means to deliver them. On May 6, 1995,
the President issued Executive Order 12959 [set out below] imposing
more comprehensive sanctions to further respond to this threat, and
on August 19, 1997, the President issued Executive Order 13059 [set
out below] consolidating and clarifying the previous orders.
Because the actions and policies of the Government of Iran
continue to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States, the national emergency declared on March 15, 1995, must
continue in effect beyond March 15, 2003. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), I am continuing for 1 year the national emergency with
respect to Iran. Because the emergency declared by Executive Order
12957 constitutes an emergency separate from that declared on
November 14, 1979, by Executive Order 12170 [set out above], this
renewal is distinct from the emergency renewal of November 2002.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12957 were contained in the following:
Notice of President of the United States, dated Mar. 13, 2002, 67
F.R. 11553.
Notice of President of the United States, dated Mar. 13, 2001, 66
F.R. 15013.
Notice of President of the United States, dated Mar. 13, 2000, 65
F.R. 13863.
Notice of President of the United States, dated Mar. 10, 1999, 64
F.R. 12239.
Notice of President of the United States, dated Mar. 4, 1998, 63
F.R. 11099.
Notice of President of the United States, dated Mar. 5, 1997, 62
F.R. 10409.
Notice of President of the United States, dated Mar. 8, 1996, 61
F.R. 9897.
EX. ORD. NO. 12959. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO IRAN
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex.
Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), section 505 of the International Security and Development
Cooperation Act of 1985 (22 U.S.C. 2349aa-9) (ISDCA), and section
301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
in order to take steps with respect to Iran in addition to those
set forth in Executive Order No. 12957 of March 15, 1995 [set out
above], to deal with the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
referred to in that order, hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may
be issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date of this order:
[(a) to (d) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997,
62 F.R. 44533, set out below.]
(e) any new investment by a United States person in Iran or in
property (including entities) owned or controlled by the Government
of Iran;
[(f) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62
F.R. 44533, set out below.]
(g) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 2. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term "Iran" means the territory of Iran and any other
territory or marine area, including the exclusive economic zone and
continental shelf, over which the Government of Iran claims
sovereignty, sovereign rights or jurisdiction, provided that the
Government of Iran exercises partial or total de facto control over
the area or derives a benefit from economic activity in the area
pursuant to international arrangements; and
(e) the term "new investment" means (i) a commitment or
contribution of funds or other assets, or (ii) a loan or other
extension of credit.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, the
requirement of reports, including reports by United States persons
on oil transactions engaged in by their foreign affiliates with
Iran or the Government of Iran, and to employ all powers granted to
the President by IEEPA and ISDCA [Pub. L. 99-83, see Short Title of
1985 Amendments note set out under section 2151 of Title 22,
Foreign Relations and Intercourse] as may be necessary to carry out
the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of
the United States Government. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order.
Sec. 4. The Secretary of the Treasury may not authorize the
exportation or reexportation to Iran, the Government of Iran, or an
entity owned or controlled by the Government of Iran of any goods,
technology, or services subject to export license application
requirements of another agency of the United States Government, if
authorization of the exportation or reexportation by that agency
would be prohibited by law.
Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of October
29, 1987 [formerly set out above], and sections 1 and 2 of
Executive Order No. 12957 of March 15, 1995 [set out above], are
hereby revoked to the extent inconsistent with this order.
Otherwise, the provisions of this order supplement the provisions
of Executive Orders No. 12613 and 12957.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. The measures taken pursuant to this order are in response
to actions of the Government of Iran occurring after the conclusion
of the 1981 Algiers Accords, and are intended solely as a response
to those later actions.
Sec. 8. (a) This order is effective at 12:01 a.m., eastern
daylight time, on May 7, 1995, except that (i) section 1(b), (c),
and (d) of this order shall not apply until 12:01 a.m., eastern
daylight time, on June 6, 1995, to trade transactions under
contracts in force as of the date of this order if such
transactions are authorized pursuant to Federal regulations in
force immediately prior to the date of this order ("existing trade
contracts"), and (ii) letters of credit and other financing
agreements with respect to existing trade contracts may be
performed pursuant to their terms with respect to underlying trade
transactions occurring prior to 12:01 a.m., eastern daylight time,
on June 6, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EX. ORD. NO. 12978. BLOCKING ASSETS AND PROHIBITING TRANSACTIONS
WITH SIGNIFICANT NARCOTICS TRAFFICKERS
Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by
Ex. Ord. No. 13286, Sec. 22, Feb. 28, 2003, 68 F.R. 10624,
provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions of significant foreign narcotics traffickers
centered in Colombia, and the unparalleled violence, corruption,
and harm that they cause in the United States and abroad,
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
Section 1. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, directives,
or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date, I hereby order blocked all
property and interests in property that are or hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons, of:
(a) the foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of the Treasury,
in consultation with the Attorney General, the Secretary of
Homeland Security, and the Secretary of State:
(i) to play a significant role in international narcotics
trafficking centered in Colombia; or
(ii) materially to assist in, or provide financial or
technological support for or goods or services in support of, the
narcotics trafficking activities of persons designated in or
pursuant to this order; and
(c) persons determined by the Secretary of the Treasury, in
consultation with the Attorney General, the Secretary of Homeland
Security, and the Secretary of State, to be owned or controlled by,
or to act for or on behalf of, persons designated in or pursuant to
this order.
Sec. 2. Further, except to the extent provided in section 203(b)
of IEEPA and in regulations, orders, directives, or licenses that
may be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to the
effective date, I hereby prohibit the following:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property of the
persons designated in or pursuant to this order;
(b) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association,
corporation, or other organization, group or subgroup;
(c) the term "United States person" means any United States
citizen or national, permanent resident alien, entity organized
under the laws of the United States (including foreign branches),
or any person in the United States;
(d) the term "foreign person" means any citizen or national of a
foreign state (including any such individual who is also a citizen
or national of the United States) or any entity not organized
solely under the laws of the United States or existing solely in
the United States, but does not include a foreign state; and
(e) the term "narcotics trafficking" means any activity
undertaken illicitly to cultivate, produce, manufacture,
distribute, sell, finance or transport, or otherwise assist, abet,
conspire, or collude with others in illicit activities relating to,
narcotic drugs, including, but not limited to, cocaine.
Sec. 4. The Secretary of the Treasury, in consultation with the
Attorney General, the Secretary of Homeland Security, and the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by IEEPA as may be necessary to
carry out this order. The Secretary of the Treasury may redelegate
any of these functions to other officers and agencies of the United
States Government. All agencies of the United States Government are
hereby directed to take all appropriate measures within their
authority to carry out this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. Eastern
Daylight Time on October 22, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
ANNEX
Gilberto Rodriguez Orejuela
Miguel Angel Rodriguez Orejuela
Jose&233; Santacruz London&241;o
Helmer Herrera Buitrago
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12978
Notice of President of the United States, dated Oct. 16, 2002, 67
F.R. 64307, provided:
On October 21, 1995, by Executive Order 12978 [set out above],
the President declared a national emergency pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706)
to deal with the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
constituted by the actions of significant narcotics traffickers
centered in Colombia, and the unparalleled violence, corruption,
and harm such actions cause in the United States and abroad.
The order blocks all property and interests in property that are
in the United States or within the possession or control of United
States persons or foreign persons listed in an annex to the order
[see note above], as well as of foreign persons determined to play
a significant role in international narcotics trafficking centered
in Colombia. The order similarly blocks all property and interests
in property of foreign persons determined to materially assist in,
or provide financial or technological support for or goods or
services in support of, the narcotics trafficking activities of
persons designated in or pursuant to the order, or persons
determined to be owned or controlled by, or to act for or on behalf
of, persons designated in or pursuant to the order. The order also
prohibits any transaction or dealing by United States persons or
within the United States in such property or interests in property.
Because the actions of significant narcotics traffickers centered
in Colombia continue to threaten the national security, foreign
policy, and economy of the United States and to cause unparalleled
violence, corruption, and harm in the United States and abroad, the
national emergency declared on October 21, 1995, and the measures
adopted pursuant thereto to deal with that emergency, must continue
in effect beyond October 21, 2002. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency with respect to
significant narcotics traffickers centered in Colombia. This notice
shall be published in the Federal Register and transmitted to the
Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12978 were contained in the following:
Notice of President of the United States, dated Oct. 16, 2001, 66
F.R. 53073.
Notice of President of the United States, dated Oct. 19, 2000, 65
F.R. 63193.
Notice of President of the United States, dated Oct. 19, 1999, 64
F.R. 56667.
Notice of President of the United States, dated Oct. 19, 1998, 63
F.R. 56079.
Notice of President of the United States, dated Oct. 17, 1997, 62
F.R. 54561.
Notice of President of the United States, dated Oct. 16, 1996, 61
F.R. 54531.
EX. ORD. NO. 13047. PROHIBITING NEW INVESTMENT IN BURMA
Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 570
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208) (the "Act") [110
Stat. 3009-166], the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), and section 301 of title 3 of the United
States Code;
I, WILLIAM J. CLINTON, President of the United States of America,
hereby determine and certify that, for purposes of section 570(b)
of the Act, the Government of Burma has committed large-scale
repression of the democratic opposition in Burma after September
30, 1996, and further determine that the actions and policies of
the Government of Burma constitute an unusual and extraordinary
threat to the national security and foreign policy of the United
States and declare a national emergency to deal with that threat.
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses that may be issued in conformity with
section 570 of the Act and pursuant to this order, I hereby
prohibit new investment in Burma by United States persons.
Sec. 2. The following are also prohibited, except to the extent
provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order:
(a) any approval or other facilitation by a United States person,
wherever located, of a transaction by a foreign person where the
transaction would constitute new investment in Burma prohibited by
this order if engaged in by a United States person or within the
United States; and
(b) any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. Nothing in this order shall be construed to prohibit the
entry into, performance of, or financing of a contract to sell or
purchase goods, services, or technology, except:
(a) where the entry into such contract on or after the effective
date of this order is for the general supervision and guarantee of
another person's performance of a contract for the economic
development of resources located in Burma; or
(b) where such contract provides for payment, in whole or in
part, in:
(i) shares of ownership, including an equity interest, in the
economic development of resources located in Burma; or
(ii) participation in royalties, earnings, or profits in the
economic development of resources located in Burma.
Sec. 4. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States;
(d) the term "new investment" means any of the following
activities, if such an activity is undertaken pursuant to an
agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Burma or a
nongovernmental entity in Burma on or after the effective date of
this order:
(i) the entry into a contract that includes the economic
development of resources located in Burma;
(ii) the entry into a contract providing for the general
supervision and guarantee of another person's performance of a
contract that includes the economic development of resources
located in Burma;
(iii) the purchase of a share of ownership, including an equity
interest, in the economic development of resources located in
Burma; or
(iv) the entry into a contract providing for the participation in
royalties, earnings, or profits in the economic development of
resources located in Burma, without regard to the form of the
participation;
(e) the term "resources located in Burma" means any resources,
including natural, agricultural, commercial, financial, industrial,
and human resources, located within the territory of Burma,
including the territorial sea, or located within the exclusive
economic zone or continental shelf of Burma;
(f) the term "economic development of resources located in Burma"
shall not be construed to include not-for-profit educational,
health, or other humanitarian programs or activities.
Sec. 5. I hereby delegate to the Secretary of State the functions
vested in me under section 570(c) and (d) of the Act, to be
exercised in consultation with the heads of other agencies of the
United States Government as appropriate.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to me by section 570(b) of the Act and by IEEPA,
as may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate the authority set forth in
this order to other officers and agencies of the United States
Government. All agencies of the United States Government are hereby
directed to take all appropriate measures within their authority to
carry out the provisions of this order.
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 8. (a) This order shall take effect at 12:01 a.m., eastern
daylight time, May 21, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13047
Notice of President of the United States, dated May 16, 2002, 67
F.R. 35423, provided:
On May 20, 1997, the President issued Executive Order 13047 [set
out above], certifying to the Congress under section 570(b) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208 [110 Stat. 3009-166])
that the Government of Burma had committed large-scale repression
of the democratic opposition in Burma after September 30, 1996,
thereby invoking the prohibition on new investment in Burma by
United States persons contained in that section. The President also
declared a national emergency to deal with the threat posed to the
national security and foreign policy of the United States by the
actions and policies of the Government of Burma, invoking the
authority, inter alia, of the International Emergency Economic
Powers Act, 50 U.S.C. 1703(c).
Because actions and policies of the Government of Burma continue
to pose an unusual and extraordinary threat to the national
security and foreign policy of the United States, the national
emergency declared on May 20, 1997, and the measures adopted on
that date to deal with that emergency must continue in effect
beyond May 20, 2002. Therefore, in accordance with section 202(d)
of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency with respect to Burma.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13047 were contained in the following:
Notice of President of the United States, dated May 15, 2001, 66
F.R. 27443.
Notice of President of the United States, dated May 18, 2000, 65
F.R. 32005.
Notice of President of the United States, dated May 18, 1999, 64
F.R. 27443.
Notice of President of the United States, dated May 18, 1998, 63
F.R. 27661.
EX. ORD. NO. 13059. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO IRAN
Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) ("IEEPA"), the National Emergencies Act (50 U.S.C. 1601 et
seq.), section 505 of the International Security and Development
Cooperation Act of 1985 (22 U.S.C. 2349aa-9) ("ISDCA"), and section
301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
in order to clarify the steps taken in Executive Orders 12957 of
March 15, 1995, and 12959 of May 6, 1995 [set out above], to deal
with the unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States declared in
Executive Order 12957 in response to the actions and policies of
the Government of Iran, hereby order:
Section 1. Except to the extent provided in section 3 of this
order or in regulations, orders, directives, or licenses issued
pursuant to this order, and notwithstanding any contract entered
into or any license or permit granted prior to the effective date
of this order, the importation into the United States of any goods
or services of Iranian origin or owned or controlled by the
Government of Iran, other than information or informational
materials within the meaning of section 203(b)(3) of IEEPA (50
U.S.C. 1702(b)(3)), is hereby prohibited.
Sec. 2. Except to the extent provided in section 3 of this order,
in section 203(b) of IEEPA (50 U.S.C. 1702(b)), or in regulations,
orders, directives, or licenses issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date of this order, the following
are prohibited:
(a) the exportation, reexportation, sale, or supply, directly or
indirectly, from the United States, or by a United States person,
wherever located, of any goods, technology, or services to Iran or
the Government of Iran, including the exportation, reexportation,
sale, or supply of any goods, technology, or services to a person
in a third country undertaken with knowledge or reason to know
that:
(i) such goods, technology, or services are intended specifically
for supply, transshipment, or reexportation, directly or
indirectly, to Iran or the Government of Iran; or
(ii) such goods, technology, or services are intended
specifically for use in the production of, for commingling with, or
for incorporation into goods, technology, or services to be
directly or indirectly supplied, transshipped, or reexported
exclusively or predominantly to Iran or the Government of Iran;
(b) the reexportation from a third country, directly or
indirectly, by a person other than a United States person of any
goods, technology, or services that have been exported from the
United States, if:
(i) undertaken with knowledge or reason to know that the
reexportation is intended specifically for Iran or the Government
of Iran, and
(ii) the exportation of such goods, technology, or services to
Iran from the United States was subject to export license
application requirements under any United States regulations in
effect on May 6, 1995, or thereafter is made subject to such
requirements imposed independently of the actions taken pursuant to
the national emergency declared in Executive Order 12957; provided,
however, that this prohibition shall not apply to those goods or
that technology subject to export license application requirements
if such goods or technology have been:
(A) substantially transformed into a foreign-made product outside
the United States; or
(B) incorporated into a foreign-made product outside the United
States if the aggregate value of such controlled United States
goods and technology constitutes less than 10 percent of the total
value of the foreign-made product to be exported from a third
country;
(c) any new investment by a United States person in Iran or in
property, including entities, owned or controlled by the Government
of Iran;
(d) any transaction or dealing by a United States person,
wherever located, including purchasing, selling, transporting,
swapping, brokering, approving, financing, facilitating, or
guaranteeing, in or related to:
(i) goods or services of Iranian origin or owned or controlled by
the Government of Iran; or
(ii) goods, technology, or services for exportation,
reexportation, sale, or supply, directly or indirectly, to Iran or
the Government of Iran;
(e) any approval, financing, facilitation, or guarantee by a
United States person, wherever located, of a transaction by a
foreign person where the transaction by that foreign person would
be prohibited by this order if performed by a United States person
or within the United States; and
(f) any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. Specific licenses issued pursuant to Executive Orders
12613 (of October 29, 1987) [formerly set out above], 12957, or
12959 continue in effect in accordance with their terms except to
the extent revoked, amended, or modified by the Secretary of the
Treasury. General licenses, regulations, orders, and directives
issued pursuant to those orders continue in effect in accordance
with their terms except to the extent inconsistent with this order
or to the extent revoked, amended, or modified by the Secretary of
the Treasury.
Sec. 4. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term "Iran" means the territory of Iran and any other
territory or marine area, including the exclusive economic zone and
continental shelf, over which the Government of Iran claims
sovereignty, sovereign rights, or jurisdiction, provided that the
Government of Iran exercises partial or total de facto control over
the area or derives a benefit from economic activity in the area
pursuant to international arrangements;
(e) the term "Government of Iran" includes the Government of
Iran, any political subdivision, agency, or instrumentality
thereof, and any person owned or controlled by, or acting for or on
behalf of, the Government of Iran;
(f) the term "new investment" means:
(i) a commitment or contribution of funds or other assets; or
(ii) a loan or other extension of credit, made after the
effective date of Executive Order 12957 [Mar. 16, 1995] as to
transactions prohibited by that order, or otherwise made after the
effective date of Executive Order 12959 [see Ex. Ord. No. 12959,
Sec. 8(a), set out above].
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the promulgation of
rules and regulations, the requirement of reports, including
reports by United States persons on oil and related transactions
engaged in by their foreign affiliates with Iran or the Government
of Iran, and to employ all powers granted to me by IEEPA and the
ISDCA as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government. All
agencies of the United States Government are hereby directed to
take all appropriate measures within their authority to carry out
the provisions of this order.
Sec. 6. (a) The Secretary of the Treasury may authorize the
exportation or reexportation to Iran or the Government of Iran of
any goods, technology, or services also subject to export license
application requirements of another agency of the United States
Government only if authorization by that agency of the exportation
or reexportation to Iran would be permitted by law.
(b) Nothing contained in this order shall be construed to
supersede the requirements established under any other provision of
law or to relieve a person from any requirement to obtain a license
or other authorization from another department or agency of the
United States Government in compliance with applicable laws and
regulations subject to the jurisdiction of that department or
agency.
Sec. 7. The provisions of this order consolidate the provisions
of Executive Orders 12613, 12957, and 12959. Executive Order 12613
and subsections (a), (b), (c), (d), and (f) of section 1 of
Executive Order 12959 are hereby revoked with respect to
transactions occurring after the effective date of this order. The
revocation of those provisions shall not alter their applicability
to any transaction or violation occurring before the effective date
of this order, nor shall it affect the applicability of any rule,
regulation, order, license, or other form of administrative action
previously taken pursuant to Executive Orders 12613 or 12959.
Sec. 8. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 9. The measures taken pursuant to this order are in response
to actions of the Government of Iran occurring after the conclusion
of the 1981 Algiers Accords, and are intended solely as a response
to those later actions.
Sec. 10. (a) This order is effective at 12:01 a.m. eastern
daylight time on August 20, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EX. ORD. NO. 13067. BLOCKING SUDANESE GOVERNMENT PROPERTY AND
PROHIBITING TRANSACTIONS WITH SUDAN
Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code;
I, WILLIAM J. CLINTON, President of the United States of America,
find that the policies and actions of the Government of Sudan,
including continued support for international terrorism; ongoing
efforts to destabilize neighboring governments; and the prevalence
of human rights violations, including slavery and the denial of
religious freedom, constitute an unusual and extraordinary threat
to the national security and foreign policy of the United States,
and hereby declare a national emergency to deal with that threat. I
hereby order:
Section 1. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, directives,
or licenses that may be issued pursuant to this order, all property
and interests in property of the Government of Sudan that are in
the United States, that hereafter come within the United States, or
that hereafter come within the possession or control of United
States persons, including their overseas branches, are blocked.
Sec. 2. The following are prohibited, except to the extent
provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in
regulations, orders, directives, or licenses that may be issued
pursuant to this order:
(a) the importation into the United States of any goods or
services of Sudanese origin, other than information or
informational materials;
(b) the exportation or reexportation, directly or indirectly, to
Sudan of any goods, technology (including technical data, software,
or other information), or services from the United States or by a
United States person, wherever located, or requiring the issuance
of a license by a Federal agency, except for donations of articles
intended to relieve human suffering, such as food, clothing, and
medicine;
(c) the facilitation by a United States person, including but not
limited to brokering activities, of the exportation or
reexportation of goods, technology, or services from Sudan to any
destination, or to Sudan from any location;
(d) the performance by any United States person of any contract,
including a financing contract, in support of an industrial,
commercial, public utility, or governmental project in Sudan;
(e) the grant or extension of credits or loans by any United
States person to the Government of Sudan;
(f) any transaction by a United States person relating to
transportation of cargo to or from Sudan; the provision of
transportation of cargo to or from the United States by any
Sudanese person or any vessel or aircraft of Sudanese registration;
or the sale in the United States by any person holding authority
under subtitle 7 of title 49, United States Code, of any
transportation of cargo by air that includes any stop in Sudan; and
(g) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official business of the
Federal Government or the United Nations by employees thereof; or
(b) transactions in Sudan for journalistic activity by persons
regularly employed in such capacity by a news-gathering
organization.
Sec. 4. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) the term "Government of Sudan" includes the Government of
Sudan, its agencies, instrumentalities and controlled entities, and
the Central Bank of Sudan.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the promulgation of
rules and regulations, and to employ all powers granted to me by
IEEPA, as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government. All
agencies of the United States Government are hereby directed to
take all appropriate measures within their authority to carry out
the provisions of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order shall take effect at 12:01 a.m. eastern
standard time on November 4, 1997, except that trade transactions
under contracts in force as of the effective date of this order may
be performed pursuant to their terms through 12:01 a.m. eastern
standard time on December 4, 1997, and letters of credit and other
financing agreements for such underlying trade transactions may be
performed pursuant to their terms.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13067
Notice of President of the United States, dated Oct. 29, 2002, 67
F.R. 66525, provided:
On November 3, 1997, by Executive Order 13067 [set out above],
the President declared a national emergency with respect to Sudan
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security and foreign policy of the United States
constituted by the actions and policies of the Government of Sudan,
including continuing concern about the presence and activities of
certain terrorist groups, including Hamas and Palestinian Islamic
Jihad, and the prevalence of human rights violations, including
slavery, restrictions on religious freedom, and restrictions on
political freedom. Because the actions and policies of the
Government of Sudan continue to pose an unusual and extraordinary
threat to the national security and foreign policy of the United
States, the national emergency declared on November 3, 1997, and
the measures adopted on that date to deal with that emergency must
continue in effect beyond November 3, 2002. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
with respect to Sudan.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13067 were contained in the following:
Notice of President of the United States, dated Oct. 31, 2001, 66
F.R. 55869.
Notice of President of the United States, dated Oct. 31, 2000, 65
F.R. 66163.
Notice of President of the United States, dated Oct. 29, 1999, 64
F.R. 59105.
Notice of President of the United States, dated Oct. 27, 1998, 63
F.R. 58617.
EX. ORD. NO. 13069. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO UNITA
Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c)(UNPA), and section 301 of title 3,
United States Code, in view of United Nations Security Council
Resolution 1127 of August 28, 1997, and 1130 of September 29, 1997,
and in order to take additional steps with respect to the actions
and policies of the National Union for the Total Independence of
Angola (UNITA) and the national emergency declared in Executive
Order 12865 [set out above], I, WILLIAM J. CLINTON, President of
the United States of America, hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, all UNITA offices located in the
United States shall be immediately and completely closed.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, the following are prohibited:
(a) the sale, supply, or making available in any form, by United
States persons or from the United States or using U.S.-registered
vessels or aircraft, of any aircraft or aircraft components,
regardless of origin:
(i) to UNITA; or
(ii) to the territory of Angola other than through a point of
entry specified pursuant to section 4 of this order;
(b) the insurance, engineering, or servicing by United States
persons or from the United States of any aircraft owned or
controlled by UNITA;
(c) the granting of permission to any aircraft to take off from,
land in, or overfly the United States if the aircraft, as part of
the same flight or as a continuation of that flight, is destined to
land in or has taken off from a place in the territory of Angola
other than one specified pursuant to section 4 of this order;
(d) the provision or making available by United States persons or
from the United States of engineering and maintenance servicing,
the certification of airworthiness, the payment of new claims
against existing insurance contracts, or the provision, renewal, or
making available of direct insurance with respect to:
(i) any aircraft registered in Angola other than those specified
pursuant to section 4 of this order; or
(ii) any aircraft that entered the territory of Angola other than
through a point of entry specified pursuant to section 4 of this
order;
(e) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term "UNITA" includes:
(i) the Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the "National Union for the Total
Independence of Angola;"
(ii) the Forcas Armadas para a Liberacao de Angola (FALA), known
in English as the "Armed Forces for the Liberation of Angola;" and
(iii) any person acting or purporting to act for or on behalf of
any of the foregoing, including the Center for Democracy in Angola
(CEDA).
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the specification of
places, points of entry, and aircraft registered in Angola for
purposes of section 2(a), (c), and (d) of this order, the
authorization in appropriate cases of medical emergency flights or
flights of aircraft carrying food, medicine, or supplies for
essential humanitarian needs, and the promulgation of rules and
regulations, and to employ all powers granted to the President by
IEEPA and UNPA [22 U.S.C. 287 et seq.] as may be necessary to carry
out the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of
the United States Government. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order,
including suspension or termination of licenses or other
authorizations in effect as of the effective date of this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
standard time on December 15, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EX. ORD. NO. 13088. BLOCKING PROPERTY OF THE GOVERNMENTS OF THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO), THE
REPUBLIC OF SERBIA, AND THE REPUBLIC OF MONTENEGRO, AND PROHIBITING
NEW INVESTMENT IN THE REPUBLIC OF SERBIA IN RESPONSE TO THE
SITUATION IN KOSOVO
Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by
Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999;
Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19,
2001, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701
et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions and policies of the Governments of the
Federal Republic of Yugoslavia (Serbia and Montenegro) and the
Republic of Serbia with respect to Kosovo, by promoting ethnic
conflict and human suffering, threaten to destabilize countries of
the region and to disrupt progress in Bosnia and Herzegovina in
implementing the Dayton peace agreement, and therefore constitute
an unusual and extraordinary threat to the national security and
foreign policy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. (a) Except to the extent provided in section 203(b) of
IEEPA (50 U.5.C. 1702(b)), and in regulations, orders, directives,
or licenses that may hereafter be issued pursuant to this order,
and notwithstanding any contract entered into or any license or
permit granted prior to the effective date, I hereby order blocked
all property and interests in property that are or hereafter come
within the United States or that are or hereafter come within the
possession or control of United States persons, of:
(i) any person listed in the Annex to this order [Ex. Ord. No.
13088 does not contain an Annex, however, Ex. Ord. No. 13192 does
contain an Annex which is not set out under this section. See 66
F.R. 7382.]; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(A) to be under open indictment by the International Criminal
Tribunal for the former Yugoslavia, subject to applicable laws and
procedures;
(B) to have sought, or to be seeking, through repressive measures
or otherwise, to maintain or reestablish illegitimate control over
the political processes or institutions or the economic resources
or enterprises of the Federal Republic of Yugoslavia, the Republic
of Serbia, the Republic of Montenegro, or the territory of Kosovo;
(C) to have provided material support or resources to any person
designated in or pursuant to section 1(a) of this order; or
(D) to be owned or controlled by or acting or purporting to act
directly or indirectly for or on behalf of any person designated in
or pursuant to section 1(a) of this order.
(b) All property and interests in property blocked pursuant to
this order prior to 12:01 a.m., eastern standard time, on January
19, 2001, shall remain blocked except as otherwise authorized by
the Secretary of the Treasury.
Sec. 2. Further, except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)), and in regulations, orders,
directives, or licenses that may hereafter be issued pursuant to
this order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date, I hereby
prohibit any transaction or dealing by a United States person or
within the United States in property or interests in property of
any person designated in or pursuant to section 1(a) of this order.
Sec. 3. Any transaction by a United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is
prohibited. Any conspiracy formed to violate the prohibitions of
this order is prohibited.
Sec. 4. For the purposes of this order:
(a) The term "person" means an individual or entity;
(b) The term "entity" means a partnership, association, trust,
joint venture, corporation or other organization; and
(c) The term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to me by IEEPA and UNPA [United Nations
Participation Act of 1945, 22 U.S.C. 287 et seq.], as may be
necessary to carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their statutory authority to carry out
the provisions of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to remove any person from
the Annex to this order [Ex. Ord. No. 13088 does not contain an
Annex, however, Ex. Ord. No. 13192 does contain an Annex which is
not set out under this section. See 66 F.R. 7382.] as circumstances
warrant.
Sec. 7. [Revoked by Ex. Ord. No. 13192, Sec. 1(h), Jan. 17, 2001,
66 F.R. 7381, eff. Jan. 19, 2001.]
Sec. 8. Nothing contained in this order shall confer any
substantive or procedural right or privilege on any person or
organization, enforceable against the United States, its agencies
or its officers.
Sec. 9. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 10, 1998.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
CONTINUATIONS OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13088
Continuations of national emergency declared by Ex. Ord. No.
13088 were contained in the following Presidential documents, set
out above:
Notice of President of the United States, dated May 27, 2002, 67
F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66
F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65
F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205.
EX. ORD. NO. 13098. BLOCKING PROPERTY OF UNITA AND PROHIBITING
CERTAIN TRANSACTIONS WITH RESPECT TO UNITA
Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,
United States Code, in view of United Nations Security Council
Resolutions 1173 of June 12, 1998, and 1176 of June 24, 1998, and
in order to take additional steps with respect to the actions and
policies of the National Union for the Total Independence of Angola
(UNITA) and the national emergency declared in Executive Order
12865 [set out above], I, WILLIAM J. CLINTON, President of the
United States of America, hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, all property and interests in
property that are in the United States, that hereafter come within
the United States, or that are or hereafter come within the
possession or control of United States persons, of UNITA, or of
those senior officials of UNITA, or adult members of their
immediate families, who are designated pursuant to section 5 of
this order, are hereby blocked.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, the following are prohibited:
(a) the direct or indirect importation into the United States of
all diamonds exported from Angola on or after the effective date of
this order that are not controlled through the Certificate of
Origin regime of the Angolan Government of Unity and National
Reconciliation;
(b) the sale or supply by United States persons or from the
United States or using U.S.-registered vessels or aircraft, of
equipment used in mining, regardless of origin, to the territory of
Angola other than through a point of entry designated pursuant to
section 5 of this order;
(c) the sale or supply by United States persons or from the
United States or using U.S.-registered vessels or aircraft, of
motorized vehicles, watercraft, or spare parts for the foregoing,
regardless of origin, to the territory of Angola other than through
a point of entry designated pursuant to section 5 of this order;
and
(d) the sale or supply by United States persons or from the
United States or using U.S.-registered vessels or aircraft, of
mining services or ground or waterborne transportation services,
regardless of origin, to persons in areas of Angola to which State
administration has not been extended, as designated pursuant to
section 5 of this order.
Sec. 3. Any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order is prohibited.
Sec. 4. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term "UNITA" includes:
(i) the Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the "National Union for the Total
Independence of Angola;"
(ii) the Forcas Armadas para a Liberacao de Angola (FALA), known
in English as the "Armed Forces for the Liberation of Angola;" and
(iii) any person acting or purporting to act for or on behalf of
any of the foregoing, including the Center for Democracy in Angola
(CEDA);
(e) the term "controlled through the Certificate of Origin regime
of the Angolan Government of Unity and National Reconciliation"
means accompanied by any documentation that demonstrates to the
satisfaction of the United States Customs Service that the diamonds
were legally exported from Angola with the approval of the Angolan
Government of Unity and National Reconciliation.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including designating senior officials of UNITA and adult members
of their immediate families for purposes of section 1 of this
order, designating points of entry in Angola and areas of Angola to
which State administration has not been extended for purposes of
section 2 of this order, establishing exemptions from the
prohibitions set forth in this order for medical and humanitarian
purposes, and promulgating rules and regulations, and to employ all
powers granted to the President by IEEPA and UNPA, as may be
necessary to carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the effective date
of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order is effective at 12:01 a.m., eastern
daylight time on August 19, 1998.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EXECUTIVE ORDER NO. 13129
Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, which blocked
property and prohibited transactions with the Taliban in
Afghanistan, was revoked by Ex. Ord. No. 13268, July 2, 2002, 67
F.R. 44751, set out below.
Continuations of national emergency declared by Ex. Ord. No.
13129 were contained in the following:
Notice of President of the United States, dated June 30, 2001, 66
F.R. 35363.
Notice of President of the United States, dated June 30, 2000, 65
F.R. 41549.
EX. ORD. NO. 13159. BLOCKING PROPERTY OF THE GOVERNMENT OF THE
RUSSIAN FEDERATION RELATING TO THE DISPOSITION OF HIGHLY ENRICHED
URANIUM EXTRACTED FROM NUCLEAR WEAPONS
Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701
et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
and section 301 of title 3, United States Code.
I, WILLIAM J. CLINTON, President of the United States of America,
in view of the policies underlying Executive Order 12938 of
November 14, 1994 [set out above], and Executive Order 13085 of May
26, 1998 [42 U.S.C. 2297h note], find that the risk of nuclear
proliferation created by the accumulation of a large volume of
weapons-usable fissile material in the territory of the Russian
Federation constitutes an unusual and extraordinary threat to the
national security and foreign policy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. A major national security goal of the United States is
to ensure that fissile material removed from Russian nuclear
weapons pursuant to various arms control and disarmament agreements
is dedicated to peaceful uses, subject to transparency measures,
and protected from diversion to activities of proliferation
concern. As reflected in Executive Order 13085, the full
implementation of the Agreement Between the Government of the
United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, dated February 18, 1993, and
related contracts and agreements (collectively, the "HEU
Agreements") is essential to the attainment of this goal. The HEU
Agreements provide for the conversion of approximately 500 metric
tons of highly enriched uranium contained in Russian nuclear
weapons into low-enriched uranium for use as fuel in commercial
nuclear reactors. In furtherance of our national security goals,
all heads of departments and agencies of the United States
Government shall continue to take all appropriate measures within
their authority to further the full implementation of the HEU
Agreements.
Sec. 2. Government of the Russian Federation assets directly
related to the implementation of the HEU Agreements currently may
be subject to attachment, judgment, decree, lien, execution,
garnishment, or other judicial process, thereby jeopardizing the
full implementation of the HEU Agreements to the detriment of U.S.
foreign policy. In order to ensure the preservation and proper and
complete transfer to the Government of the Russian Federation of
all payments due to it under the HEU Agreements, and except to the
extent provided in regulations, orders, directives, or licenses
that may hereafter be issued pursuant to this order, all property
and interests in property of the Government of the Russian
Federation directly related to the implementation of the HEU
Agreements that are in the United States, that hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons, including their
overseas branches, are hereby blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in. Unless licensed
or authorized pursuant to this order, any attachment, judgment,
decree, lien, execution, garnishment, or other judicial process is
null and void with respect to any property or interest in property
blocked pursuant to this order.
Sec. 3. For the purposes of this order: (a) The term "person"
means an individual or entity;
(b) The term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) The term "United States person" means any United States
citizen; permanent resident alien; juridical person organized under
the laws of the United States or any jurisdiction within the United
States, including foreign branches; or any person in the United
States; and
(d) The term "Government of the Russian Federation" means the
Government of the Russian Federation, any political subdivision,
agency, or instrumentality thereof, and any person owned or
controlled by, or acting for or on behalf of, the Government of the
Russian Federation.
Sec. 4. (a) The Secretary of the Treasury, in consultation with
the Secretary of State, the Secretary of Energy, and, as
appropriate, other agencies, is hereby authorized to take such
actions, including the promulgation of rules and regulations, and
to employ all powers granted to me by IEEPA, as may be necessary to
carry out the purposes of this order. The Secretary of the Treasury
may redelegate any of these functions to other officers and
agencies of the United States Government. All agencies of the
United States Government are hereby directed to take all
appropriate measures within their statutory authority to carry out
the provisions of this order.
(b) Nothing contained in this order shall relieve a person from
any requirement to obtain a license or other authorization from any
department or agency of the United States Government in compliance
with applicable laws and regulations subject to the jurisdiction of
the department or agency.
Sec. 5. This order is not intended to create, nor does it create,
any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 22, 2000.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13159
Notice of President of the United States, dated June 18, 2002, 67
F.R. 42181, provided:
On June 21, 2000, the President issued Executive Order 13159 [set
out above] (the "Order") blocking property and interests in
property of the Government of the Russian Federation that are in
the United States, that hereafter come within the United States, or
that are or hereinafter come within the possession or control of
United States persons that are directly related to the
implementation of the Agreement Between the Government of the
United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, dated February 18, 1993, and
related contracts and agreements (collectively, the "HEU
Agreements"). The HEU Agreements allow for the downblending of
highly enriched uranium derived from nuclear weapons to low
enriched uranium for peaceful commercial purposes. The Order
invoked the authority, inter alia, of the International Emergency
Economic Powers Act, 50 U.S.C. 1701 et seq., and declared a
national emergency to deal with the unusual and extraordinary
threat to the national security and foreign policy of the United
States posed by the risk of nuclear proliferation created by the
accumulation of a large volume of weapons-usable fissile material
in the territory of the Russian Federation.
A major national security goal of the United States is to ensure
that fissile material removed from Russian nuclear weapons pursuant
to various arms control and disarmament agreements is dedicated to
peaceful uses (such as downblended to low enriched uranium for
peaceful commercial uses), subject to transparency measures, and
protected from diversion to activities of proliferation concern.
Pursuant to the HEU Agreements, weapons-grade uranium extracted
from Russian nuclear weapons is converted to low enriched uranium
for use as fuel in commercial nuclear reactors. The Order blocks
and protects from attachment, judgment, decree, lien, execution,
garnishment, or other judicial process the property and interests
in property of the Government of the Russian Federation that are
directly related to the implementation of the HEU Agreements and
that are in the United States, that hereafter come within the
United States, or that are or hereafter come within the possession
or control of United States persons.
The national emergency declared on June 21, 2000, must continue
beyond June 21, 2002, to provide continued protection from
attachment, judgment, decree, lien, execution, garnishment, or
other judicial process for the property and interests in property
of the Government of the Russian Federation that are directly
related to the implementation of the HEU Agreements and subject to
U.S. jurisdiction. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing
for 1 year the national emergency with respect to weapons-usable
fissile material in the territory of the Russian Federation. This
notice shall be published in the Federal Register and transmitted
to the Congress.
George W. Bush.
Prior continuation of national emergency declared by Ex. Ord. No.
13159 was contained in the following:
Notice of President of the United States, dated June 11, 2001, 66
F.R. 32207.
EX. ORD. NO. 13194. PROHIBITING THE IMPORTATION OF ROUGH DIAMONDS
FROM SIERRA LEONE
Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,
United States Code, and in view of United Nations Security Council
Resolution 1306 of July 5, 2000,
I, WILLIAM J. CLINTON, President of the United States of America,
take note that the people of Sierra Leone have suffered the ravages
of a brutal civil war for nearly 10 years, and that the United
Nations Security Council has determined that the situation in
Sierra Leone constitutes a threat to international peace and
security in the region and also has expressed concerns regarding
the role played by the illicit trade in diamonds in fueling the
conflict in Sierra Leone. Sierra Leone's insurgent Revolutionary
United Front's (RUF's) illicit trade in diamonds from Sierra Leone
to fund its operations and procurement of weapons, the RUF's
flagrant violation of the Lome Peace Agreement of July 7, 1999, and
its attacks on personnel of the United Nations Mission in Sierra
Leone are direct challenges to the United States foreign policy
objectives in the region as well as a direct challenge to the
rule-based international order which is crucial to the peace and
prosperity of the United States. Therefore, I find these actions
constitute an unusual and extraordinary threat to the foreign
policy of the United States and hereby declare a national emergency
to deal with that threat. In order to implement United Nations
Security Council Resolution 1306 and to ensure that the direct or
indirect importation into the United States of rough diamonds from
Sierra Leone will not contribute financial support to aggressive
actions by the RUF or to the RUF's procurement of weapons, while at
the same time seeking to avoid undermining the legitimate diamond
trade or diminishing confidence in the integrity of the legitimate
diamond industry, I hereby order:
Section 1. Except to the extent provided in section 2 of this
order and to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, the direct or indirect importation
into the United States of all rough diamonds from Sierra Leone on
or after the effective date of this order is prohibited.
Sec. 2. The prohibition in section 1 of this order shall not
apply to the importation of rough diamonds controlled through the
Certificate of Origin regime of the Government of Sierra Leone.
Sec. 3. Any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order is prohibited.
Sec. 4. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States;
(d) the term "rough diamond" means all unworked diamonds
classifiable in heading 7102 of the Harmonized Tariff Schedule of
the United States [see Publication of Harmonized Tariff Schedule
note set out under 19 U.S.C. 1202]; and
(e) the term "controlled through the Certificate of Origin regime
of the Government of Sierra Leone" means accompanied by a
Certificate of Origin or other documentation that demonstrates to
the satisfaction of the United States Customs Service (or analogous
officials of a United States territory or possession with its own
customs administration) that the rough diamonds were legally
exported from Sierra Leone with the approval of the Government of
Sierra Leone.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by IEEPA and UNPA, as may be
necessary to carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 6. This order is not intended to create, nor does it create,
any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, officers, or any other person.
Sec. 7. This order is effective at 12:01 a.m. eastern standard
time on January 19, 2001.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13194
Notice of President of the United States, dated Jan. 16, 2003, 68
F.R. 2677, provided:
On January 18, 2001, by Executive Order 13194 [set out above],
the President declared a national emergency with respect to Sierra
Leone pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701-1706) to deal with the unusual and extraordinary
threat to the foreign policy of the United States constituted by
the actions and policies of the insurgent Revolutionary United
Front (RUF) in Sierra Leone and pursuant to which the United States
imposed a general ban on the direct and indirect importation of all
rough diamonds from Sierra Leone into the United States, except
those imports controlled through the Certificate of Origin regime
of the Government of Sierra Leone. On May 22, 2001, I issued
Executive Order 13213 [set out below], which expanded the scope of
the national emergency to include actions of the Government of
Liberia in support of the RUF and prohibited the importation of all
rough diamonds from Liberia.
Because the actions and policies of the RUF continue to pose an
unusual and extraordinary threat to the foreign policy of the
United States, the national emergency declared on January 18, 2001,
as expanded on May 22, 2001, and the measures adopted on those
dates to deal with that emergency must continue in effect beyond
January 18, 2003. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing
for 1 year the national emergency with respect to Sierra Leone and
Liberia.
This Notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuation of national emergency declared by Ex. Ord. No.
13194 was contained in the following:
Notice of President of the United States, dated Jan. 15, 2002, 67
F.R. 2547.
EX. ORD. NO. 13206. TERMINATION OF EMERGENCY AUTHORITY FOR CERTAIN
EXPORT CONTROLS
Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.) (the "Act"), and section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. In view of the reauthorization and extension of the
Act by Public Law 106-508 [amending section 2419 of the Appendix to
this title], Executive Order 12924 of August 19, 1994, which
continued the effect of export control regulations under IEEPA, is
revoked, and the declaration of economic emergency is rescinded, as
provided in this order.
Sec. 2. The revocation of Executive Order 12924 shall not affect
any violation of any rules, regulations, orders, licenses, or other
forms of administrative action under that order that occurred
during the period the order was in effect. All rules and
regulations issued or continued in effect under the authority of
IEEPA and Executive Order 12924, including those codified at 15
C.F.R. 730-74 (2000), and all orders, regulations, licenses, and
other forms of administrative action issued, taken, or continued in
effect pursuant thereto, remain in full force and effect, as if
issued, taken, or continued in effect pursuant to and as authorized
by the Act or by other appropriate authority until amended or
revoked by the proper authority. Nothing in this order shall affect
the continued applicability of the provision for the administration
of the Act and delegations of authority set forth in Executive
Order 12002 of July 7, 1977, Executive Order 12214 of May 2, 1980
[50 App. U.S.C. 2403 notes], Executive Order 12938 of November 14,
1994, as amended [set out above], Executive Order 12981 of December
5, 1995, as amended, and Executive Order 13026 of November 15, 1996
[50 App. U.S.C. 2403 notes].
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant to the authority of IEEPA and Executive Order 12924
relating to the administration of section 38(e) of the Arms Export
Control Act (22 U.S.C. 2778(e)) shall remain in full force and
effect until amended or revoked under proper authority.
George W. Bush.
EX. ORD. NO. 13213. ADDITIONAL MEASURES WITH RESPECT TO PROHIBITING
THE IMPORTATION OF ROUGH DIAMONDS FROM SIERRA LEONE
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,
United States Code, and in view of the national emergency described
and declared in Executive Order 13194 of January 18, 2001 [set out
above], and United Nations Security Council Resolutions 1306 of
July 5, 2000, and 1343 of March 7, 2001,
I, GEORGE W. BUSH, President of the United States of America,
take note that in Executive Order 13194, the President responded
to, among other things, the insurgent Revolutionary United Front's
(RUF) illicit trade in diamonds to fund its operations in the civil
war in Sierra Leone by declaring a national emergency and,
consistent with United Nations Security Council Resolution 1306, by
prohibiting the importation into the United States of all rough
diamonds from Sierra Leone except for those importations controlled
through the Certificate of Origin regime of the Government of
Sierra Leone. United Nations Security Council Resolution 1343 takes
note that the bulk of RUF diamonds leaves Sierra Leone through
Liberia and that such illicit trade cannot be conducted without the
permission and involvement of Liberian government officials at the
highest levels; determines that the active support provided by the
Government of Liberia for the RUF and other armed rebel groups in
neighboring countries constitutes a threat to international peace
and security in the region; and decides that all states shall take
the necessary measures to prevent the importation of all rough
diamonds from Liberia, whether or not such diamonds originated in
Liberia. The Government of Liberia's complicity in the RUF's
illicit trade in diamonds and its other forms of support for the
RUF are direct challenges to United States foreign policy
objectives in the region as well as to the rule-based international
order that is crucial to the peace and prosperity of the United
States. Therefore, I find these actions by the Government of
Liberia contribute to the unusual and extraordinary threat to the
foreign policy of the United States described in Executive Order
13194 with respect to which the President declared a national
emergency. In order to deal with that threat and to ensure further
that the direct or indirect importation into the United States of
rough diamonds from Sierra Leone will not contribute financial
support to further aggressive actions by the RUF or to the RUF's
procurement of weapons; to implement United Nations Security
Council Resolution 1343; and to counteract, among other things, the
Government of Liberia's facilitation of and participation in the
RUF's illicit trade in diamonds through Liberia, I hereby order the
following additional measures be taken with respect to prohibiting
the importation of rough diamonds from Sierra Leone:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, the direct or indirect importation
into the United States of all rough diamonds from Liberia, whether
or not such diamonds originated in Liberia, on or after the
effective date of this order is prohibited.
Sec. 2. Any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order is prohibited. Any conspiracy formed to violate
any of the prohibitions set forth in this order is prohibited.
Sec. 3. The definitions contained in section 4 of Executive Order
13194 apply to the terms used in this order.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by IEEPA and UNPA, as may be
necessary to carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including modification, suspension, or
termination of licenses or authorizations in effect as of the date
of this order.
Sec. 5. This order is not intended to create, nor does it create,
any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
daylight time on May 23, 2001.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
EX. ORD. NO. 13219. BLOCKING PROPERTY OF PERSONS WHO THREATEN
INTERNATIONAL STABILIZATION EFFORTS IN THE WESTERN BALKANS
Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
have determined that the actions of persons engaged in, or
assisting, sponsoring, or supporting, (i) extremist violence in the
former Yugoslav Republic of Macedonia, southern Serbia, the Federal
Republic of Yugoslavia, and elsewhere in the Western Balkans
region, or (ii) acts obstructing implementation of the Dayton
Accords in Bosnia or United Nations Security Council Resolution
1244 of June 10, 1999, in Kosovo, threaten the peace in or diminish
the security and stability of those areas and the wider region,
undermine the authority, efforts, and objectives of the United
Nations, the North Atlantic Treaty Organization (NATO), and other
international organizations and entities present in those areas and
the wider region, and endanger the safety of persons participating
in or providing support to the activities of those organizations
and entities, including United States military forces and
Government officials. I find that such actions constitute an
unusual and extraordinary threat to the national security and
foreign policy of the United States, and hereby declare a national
emergency to deal with that threat. I hereby order:
Section 1. (a) Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and
(4)), the Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX, Public Law 106-387) [22 U.S.C. 7201 et seq.], and in
regulations, orders, directives, or licenses that may hereafter be
issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the
effective date, all property and interests in property of:
(i) the persons listed in the Annex to this order; and
(ii) persons designated by the Secretary of the Treasury, in
consultation with the Secretary of State, because they are found:
(A) to have committed, or to pose a significant risk of
committing, acts of violence that have the purpose or effect of
threatening the peace in or diminishing the stability or security
of any area or state in the Western Balkans region, undermining
the authority, efforts, or objectives of international
organizations or entities present in the region, or endangering
the safety of persons participating in or providing support to
the activities of those international organizations or entities,
or,
(B) to have actively obstructed, or to pose a significant risk
of actively obstructing, implementation of the Dayton Accords in
Bosnia or United Nations Security Council Resolution 1244 in
Kosovo, or
(C) materially to assist in, sponsor, or provide financial or
technological support for, or goods or services in support of,
such acts of violence or obstructionism, or
(D) to be owned or controlled by, or acting or purporting to
act directly or indirectly for or on behalf of, any of the
foregoing persons, that are or hereafter come within the United
States, or that are or hereafter come within the possession or
control of United States persons, are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in.
(b) I hereby determine that the making of donations of the type
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by
United States persons to persons designated in or pursuant to
paragraph (a) of this section would seriously impair my ability to
deal with the national emergency declared in this order.
Accordingly, the blocking of property and interests in property
pursuant to paragraph (a) of this section includes, but is not
limited to, the prohibition of the making by a United States person
of any such donation to any such designated person, except as
otherwise authorized by the Secretary of the Treasury.
(c) The blocking of property and interests in property pursuant
to paragraph (a) of this section includes, but is not limited to,
the prohibition of the making or receiving by a United States
person of any contribution or provision of funds, goods, or
services to or for the benefit of a person designated in or
pursuant to paragraph (a) of this section.
Sec. 2. Any transaction by a United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is
prohibited. Any conspiracy formed to violate the prohibitions of
this order is prohibited.
Sec. 3. For the purposes of this order:
(a) The term "person" means an individual or entity;
(b) The term "entity" means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
and
(c) The term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to me by IEEPA, as may be necessary to carry out
the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of
the United States Government. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order
and, where appropriate, to advise the Secretary of the Treasury in
a timely manner of the measures taken.
Sec. 5. This order is not intended to create, nor does it create,
any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 eastern daylight
time on June 27, 2001;
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
ANNEX
I. Individuals
Name/DPOB (If Available) Affiliation
--------------------------------------------------------------------
Ademi, Xhevat NLA
DOB: 8 Dec 1962
POB: Tetovo, FYROM
Ahmeti, Ali NLA
DOB: 4 Jan 1959
POB: Kicevo, FYROM
Bexheti, Nuri NLA
DOB: 1962
POB: Tetovo, FYROM
Dalipi, Tahir PCPMB
DOB: 1958
POB: Ilince, Presevo mun., FRY
Elshani, Gafur LPK
DOB: 29 March 1958
POB: Suva Reka, FRY
Gashi, Sabit LKCK
DOB: 30 December 1967
POB: Suva Reka, FRY
Habibi, Skender PDK
DOB: 13 July 1968
POB: Ljubiste, FRY
Haradinaj, Daut Chief of Staff, KPC
DOB: 6 April 1978
POB: Goldane, FRY
Hasani, Xhavit NLA
DOB: 5 May 1957
POB: Tanishec, FYROM
Lladrovici, Ramiz Deputy Commander, Guard & Rapid
Reaction Group, KPC
DOB: 3 January 1966
POB:
Lushtaku, Sami RTG 2 Commander, KPC
DOB: 20 February 1961
POB: Srbica, FRY
Musliu, Jonusz PCPMB
DOB: 5 January 1959
POB: Konculj, FRY
Musliu, Shefqet UCPMB
DOB: 12 February 1963
POB: Konculj, FRY
Mustafa, Rrustem RTG 6 Commander, KPC
DOB: 27 February 1971
POB: Podujevo, FRY
Ostremi, Gezim NLA
DOB: 1 November 1942
POB: Debar, Macedonia
Selimi, Rexhep Commander, Guard & Rapid
Reaction Group, KPC
DOB: 15 March 1971
POB: Iglarevo, FRY
Shakiri, Hisni NLA
DOB: 1 March 1949
POB: Otlja, FYROM
Shaqiri, Shaqir UCPMB
DOB: 1 September 1964
POB: FRY
Suma, Emrush NLA
DOB: 27 May 1974
POB: Dimce, FRY
Syla, Azem PDK
DOB: 5 April 1951
POB: FRY
Veliu, Fazli NLA
DOB: 4 January 1945
POB: Kercove, FYROM
Xhemajli, Emrush LPK
DOB: 5 May 1959
POB: Urosevac, FRY
Xhemajli, Muhamet UCPMB
DOB: 8 February 1958
POB: Muhovac, FRY
--------------------------------------------------------------------
II. Organizations
Liberation Army of Presevo, Medvedja, and Bujanovac (PMBLA
a.k.a. UCPMB)
National Liberation Army (NLA a.k.a. UCK)
National Movement for the Liberation of Kosovo (LKCK)
Political Council of Presevo, Medvedja, and Bujanovac (PCPMB)
Popular Movement of Kosovo (LPK)
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13219
Notice of President of the United States, dated June 21, 2002, 67
F.R. 42703, provided:
On June 26, 2001, by Executive Order 13219 [set out above], I
declared a national emergency with respect to the Western Balkans
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security and foreign policy of the United States
constituted by the actions of persons engaged in, or assisting,
sponsoring, or supporting, (i) extremist violence in the former
Yugoslav Republic of Macedonia, and elsewhere in the Western
Balkans region, or (ii) acts obstructing implementation of the
Dayton Accords in Bosnia or United Nations Security Council
Resolution 1244 of June 10, 1999, in Kosovo. Because the actions of
these persons, which threaten the peace and international
stabilization efforts in the Western Balkans, continue to pose an
unusual and extraordinary threat to the national security and
foreign policy of the United States, the national emergency
declared on June 26, 2001, and the measures adopted on that date to
deal with that emergency must continue in effect beyond June 26,
2002. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to the Western Balkans.
This Notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
EX. ORD. NO. 13222. CONTINUATION OF EXPORT CONTROL REGULATIONS
Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including but not
limited to section 203 of the International Emergency Economic
Powers Act ("Act") (50 U.S.C. 1702), I, GEORGE W. BUSH, President
of the United States of America, find that the unrestricted access
of foreign parties to U.S. goods and technology and the existence
of certain boycott practices of foreign nations, in light of the
expiration of the Export Administration Act of 1979, as amended (50
U.S.C. App. 2401 et seq.), constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States and hereby declare a national emergency with respect
to that threat.
Accordingly, in order (a) to exercise the necessary vigilance
over exports and activities affecting the national security of the
United States; (b) to further significantly the foreign policy of
the United States, including its policy with respect to cooperation
by U.S. persons with certain foreign boycott activities, and to
fulfill its international responsibilities; and (c) to protect the
domestic economy from the excessive drain of scarce materials and
reduce the serious economic impact of foreign demand, it is hereby
ordered as follows:
Section 1. To the extent permitted by law, the provisions of the
Export Administration Act of 1979, as amended, and the provisions
for administration of the Export Administration Act of 1979, as
amended, shall be carried out under this order so as to continue in
full force and effect and amend, as necessary, the export control
system heretofore maintained by the Export Administration
Regulations issued under the Export Administration Act of 1979, as
amended. The delegations of authority set forth in Executive Order
12002 of July 7, 1977 [50 App. U.S.C. 2403 note], as amended by
Executive Order 12755 of March 12, 1991, and Executive Order 13026
of November 15, 1996 [50 App. U.S.C. 2403 note]; Executive Order
12214 of May 2, 1980 [50 App. U.S.C. 2403 note]; Executive Order
12735 of November 16, 1990; and Executive Order 12851 of June 11,
1993 [22 U.S.C. 2797 note], shall be incorporated in this order and
shall apply to the exercise of authorities under this order. All
actions under this order shall be in accordance with Presidential
directives relating to the export control system heretofore issued
and not revoked.
Sec. 2. All rules and regulations issued or continued in effect
by the Secretary of Commerce under the authority of the Export
Administration Act of 1979, as amended [50 App. U.S.C. 2401 et
seq.], including those published in Title 15, Subtitle B, Chapter
VII, Subchapter C, of the Code of Federal Regulations, Parts 730
through 774, and all orders, regulations, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant thereto, shall, until amended or revoked by the Secretary
of Commerce, remain in full force and effect as if issued or taken
pursuant to this order, except that the provisions of sections
203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705) shall
control over any inconsistent provisions in the regulations.
Nothing in this section shall affect the continued applicability of
administrative sanctions provided for by the regulations described
above.
Sec. 3. Provisions for administration of section 38(e) of the
Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall
continue in full force and effect until amended or revoked under
the authority of section 203 of the Act (50 U.S.C. 1702). To the
extent permitted by law, this order also shall constitute authority
for the issuance and continuation in full force and effect of all
rules and regulations by the President or his delegate, and all
orders, licenses, and other forms of administrative actions issued,
taken, or continued in effect pursuant thereto, relating to the
administration of section 38(e).
Sec. 4. This order shall be effective as of midnight between
August 20, 2001, and August 21, 2001, eastern daylight time.
George W. Bush.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13222
Notice of President of the United States, dated Aug. 14, 2002, 67
F.R. 53721, provided:
On August 17, 2001, consistent with the authority provided me
under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), I issued Executive Order 13222 [set out above]. In
that order, I declared a national emergency with respect to the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States in light of the expiration
of the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.). Because the Export Administration Act has not
been renewed by the Congress, the national emergency declared on
August 17, 2001, must continue in effect beyond August 17, 2002.
Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency declared in Executive Order 13222.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
EX. ORD. NO. 13224. BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS
WITH PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM
Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by
Ex. Ord. No. 13268, Sec. 1, July 2, 2002, 67 F.R. 44751; Ex. Ord.
No. 13284, Sec. 4, Jan. 23, 2003, 68 F.R. 4075, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,
United States Code, and in view of United Nations Security Council
Resolution (UNSCR) 1214 of December 8, 1998, UNSCR 1267 of October
15, 1999, UNSCR 1333 of December 19, 2000, and the multilateral
sanctions contained therein, and UNSCR 1363 of July 30, 2001,
establishing a mechanism to monitor the implementation of UNSCR
1333,
I, GEORGE W. BUSH, President of the United States of America,
find that grave acts of terrorism and threats of terrorism
committed by foreign terrorists, including the terrorist attacks in
New York, Pennsylvania, and the Pentagon committed on September 11,
2001, acts recognized and condemned in UNSCR 1368 of September 12,
2001, and UNSCR 1269 of October 19, 1999, and the continuing and
immediate threat of further attacks on United States nationals or
the United States constitute an unusual and extraordinary threat to
the national security, foreign policy, and economy of the United
States, and in furtherance of my proclamation of September 14,
2001, Declaration of National Emergency by Reason of Certain
Terrorist Attacks [Proc. No. 7463, 50 U.S.C. 1621 note], hereby
declare a national emergency to deal with that threat. I also find
that because of the pervasiveness and expansiveness of the
financial foundation of foreign terrorists, financial sanctions may
be appropriate for those foreign persons that support or otherwise
associate with these foreign terrorists. I also find that a need
exists for further consultation and cooperation with, and sharing
of information by, United States and foreign financial institutions
as an additional tool to enable the United States to combat the
financing of terrorism.
I hereby order:
Section 1. Except to the extent required by section 203(b) of
IEEPA (50 U.S.C. 1702(b)), or provided in regulations, orders,
directives, or licenses that may be issued pursuant to this order,
and notwithstanding any contract entered into or any license or
permit granted prior to the effective date of this order, all
property and interests in property of the following persons that
are in the United States or that hereafter come within the United
States, or that hereafter come within the possession or control of
United States persons are blocked:
(a) foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of State, in
consultation with the Secretary of the Treasury, the Secretary of
Homeland Security, and the Attorney General, to have committed, or
to pose a significant risk of committing, acts of terrorism that
threaten the security of U.S. nationals or the national security,
foreign policy, or economy of the United States;
(c) persons determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary of Homeland
Security, and the Attorney General, to be owned or controlled by,
or to act for or on behalf of those persons listed in the Annex to
this order or those persons determined to be subject to subsection
1(b), 1(c), or 1(d)(i) of this order;
(d) except as provided in section 5 of this order and after such
consultation, if any, with foreign authorities as the Secretary of
State, in consultation with the Secretary of the Treasury, the
Secretary of Homeland Security, and the Attorney General, deems
appropriate in the exercise of his discretion, persons determined
by the Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General;
(i) to assist in, sponsor, or provide financial, material, or
technological support for, or financial or other services to or
in support of, such acts of terrorism or those persons listed in
the Annex to this order or determined to be subject to this
order; or
(ii) to be otherwise associated with those persons listed in
the Annex to this order or those persons determined to be subject
to subsection 1(b), 1(c), or 1(d)(i) of this order.
Sec. 2. Except to the extent required by section 203(b) of IEEPA
(50 U.S.C. 1702(b)), or provided in regulations, orders,
directives, or licenses that may be issued pursuant to this order,
and notwithstanding any contract entered into or any license or
permit granted prior to the effective date:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property blocked
pursuant to this order is prohibited, including but not limited to
the making or receiving of any contribution of funds, goods, or
services to or for the benefit of those persons listed in the Annex
to this order or determined to be subject to this order;
(b) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order is prohibited; and
(c) any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association,
corporation, or other organization, group, or subgroup;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) the term "terrorism" means an activity that -
(i) involves a violent act or an act dangerous to human life,
property, or infrastructure; and
(ii) appears to be intended -
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation
or coercion; or
(C) to affect the conduct of a government by mass
destruction, assassination, kidnapping, or hostage-taking.
Sec. 4. I hereby determine that the making of donations of the
type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by United States persons to persons determined to be subject to
this order would seriously impair my ability to deal with the
national emergency declared in this order, and would endanger Armed
Forces of the United States that are in a situation where imminent
involvement in hostilities is clearly indicated by the
circumstances, and hereby prohibit such donations as provided by
section 1 of this order. Furthermore, I hereby determine that the
Trade Sanctions Reform and Export Enhancement Act of 2000 (title
IX, Public Law 106-387) [22 U.S.C. 7201 et seq.] shall not affect
the imposition or the continuation of the imposition of any
unilateral agricultural sanction or unilateral medical sanction on
any person determined to be subject to this order because imminent
involvement of the Armed Forces of the United States in hostilities
is clearly indicated by the circumstances.
Sec. 5. With respect to those persons designated pursuant to
subsection 1(d) of this order, the Secretary of the Treasury, in
the exercise of his discretion and in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General, may take such other actions than the complete
blocking of property or interests in property as the President is
authorized to take under IEEPA and UNPA if the Secretary of the
Treasury, in consultation with the Secretary of State, the
Secretary of Homeland Security, and the Attorney General, deems
such other actions to be consistent with the national interests of
the United States, considering such factors as he deems
appropriate.
Sec. 6. The Secretary of State, the Secretary of the Treasury,
and other appropriate agencies shall make all relevant efforts to
cooperate and coordinate with other countries, including through
technical assistance, as well as bilateral and multilateral
agreements and arrangements, to achieve the objectives of this
order, including the prevention and suppression of acts of
terrorism, the denial of financing and financial services to
terrorists and terrorist organizations, and the sharing of
intelligence about funding activities in support of terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by IEEPA and UNPA as may be
necessary to carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 8. Nothing in this order is intended to affect the continued
effectiveness of any rules, regulations, orders, licenses, or other
forms of administrative action issued, taken, or continued in
effect heretofore or hereafter under 31 C.F.R. chapter V, except as
expressly terminated, modified, or suspended by or pursuant to this
order.
Sec. 9. Nothing contained in this order is intended to create,
nor does it create, any right, benefit, or privilege, substantive
or procedural, enforceable at law by a party against the United
States, its agencies, officers, employees or any other person.
Sec. 10. For those persons listed in the Annex to this order or
determined to be subject to this order who might have a
constitutional presence in the United States, I find that because
of the ability to transfer funds or assets instantaneously, prior
notice to such persons of measures to be taken pursuant to this
order would render these measures ineffectual. I therefore
determine that for these measures to be effective in addressing the
national emergency declared in this order, there need be no prior
notice of a listing or determination made pursuant to this order.
Sec. 11. (a) This order is effective at 12:01 a.m. eastern
daylight time on September 24, 2001.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
ANNEX
Al Qaida/Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Asbat al-Ansar
Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Itihaad al-Islamiya (AIAI)
Islamic Army of Aden
Usama bin Laden
Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri)
Sayf al-Adl
Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)
Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid, Khalid
Al-Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
Ayman al-Zawahiri
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust
Mamoun Darkazanli Import-Export Company
Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful])
The Taliban.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13224
Notice of President of the United States, dated Sept. 19, 2002,
67 F.R. 59447, provided:
On September 23, 2001, by Executive Order 13224 [set out above],
I declared a national emergency with respect to persons who commit,
threaten to commit, or support terrorism, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706).
I took this action to deal with the unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States constituted by the grave acts of terrorism and
threats of terrorism committed by foreign terrorists, including the
terrorist attacks in New York, Pennsylvania, and on the Pentagon
committed on September 11, 2001, and the continuing and immediate
threat of further attacks on United States nationals or the United
States. Because the actions of these persons who commit, threaten
to commit, or support terrorism continue to pose an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, the national emergency declared on
September 23, 2001, and the measures adopted on that date to deal
with that emergency, must continue in effect beyond September 23,
2002. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to persons who commit, threaten to
commit, or support terrorism.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
EX. ORD. NO. 13268. TERMINATION OF EMERGENCY WITH RESPECT TO THE
TALIBAN
Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code,
I, GEORGE W. BUSH, President of the United States of America,
find that the situation that gave rise to the declaration of a
national emergency in Executive Order 13129 of July 4, 1999, with
respect to the Taliban, in allowing territory under its control in
Afghanistan to be used as a safe haven and base of operations for
Usama bin Ladin and the Al-Qaida organization, has been
significantly altered given the success of the military campaign in
Afghanistan, and hereby revoke that order and terminate the
national emergency declared in that order with respect to the
Taliban. At the same time, and in order to take additional steps
with respect to the grave acts of terrorism and threats of
terrorism committed by foreign terrorists, the continuing and
immediate threat of further attacks on United States nationals or
the United States, and the national emergency described and
declared in Executive Order 13224 of September 23, 2001 [set out
above], I hereby order:
Section 1. The Annex to Executive Order 13224 of September 23,
2001, is amended by adding thereto the following persons in
appropriate alphabetical order:
Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful])
The Taliban.
Sec. 2. For the purposes of this order and Executive Order 13224
of September 23, 2001, the term "the Taliban" is also known as the
"Taleban," "Islamic Movement of Taliban," "the Taliban Islamic
Movement," "Talibano Islami Tahrik," and "Tahrike Islami'a
Taliban". The Secretary of State, in consultation with the
Secretary of the Treasury, is hereby authorized to modify the
definition of the term "the Taliban," as appropriate.
Sec. 3. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 4. Pursuant to section 202 of the NEA (50 U.S.C. 1622),
termination of the national emergency with respect to the Taliban
shall not affect any action taken or proceeding pending not finally
concluded or determined as of the date of this order, or any action
or proceeding based on any act committed prior to the date of this
order, or any rights or duties that matured or penalties that were
incurred prior to the date of this order.
George W. Bush.
EX. ORD. NO. 13288. BLOCKING PROPERTY OF PERSONS UNDERMINING
DEMOCRATIC PROCESSES OR INSTITUTIONS IN ZIMBABWE
Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
have determined that the actions and policies of certain members of
the Government of Zimbabwe and other persons to undermine
Zimbabwe's democratic processes or institutions, contributing to
the deliberate breakdown in the rule of law in Zimbabwe, to
politically motivated violence and intimidation in that country,
and to political and economic instability in the southern African
region, constitute an unusual and extraordinary threat to the
foreign policy of the United States, and I hereby declare a
national emergency to deal with that threat.
I hereby order:
Section 1. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)), and in regulations, orders, directives,
or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date of this order, all property and
interests in property of the following persons that are in the
United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of
United States persons, including their overseas branches, are
blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in:
(a) the persons listed in the Annex to this order; and
(b) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, to be owned or controlled
by, or acting or purporting to act directly or indirectly for or on
behalf of, any of the persons listed in the Annex to this order.
Sec. 2. (a) Any transaction or dealing by a United States person
or within the United States in property or interests in property
blocked pursuant to this order is prohibited, including but not
limited to the making or receiving of any contribution of funds,
goods, or services to or for the benefit of any person listed in
the Annex to this order or who is the subject of a determination
under subsection 1(b) of this order.
(b) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth
in this order is prohibited.
(c) Any conspiracy formed to violate the prohibitions set forth
in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) The term "person" means an individual or entity;
(b) The term "entity" means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
and
(c) The term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to me by IEEPA, as may be necessary to carry out
the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of
the United States Government. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order.
Sec. 5. This order is not intended to create, nor does it create,
any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, officers, employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 eastern standard
time on March 7, 2003; and
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
ANNEX
1. Robert Gabriel MUGABE [President of Zimbabwe, born 21 Feb.
1924]
2. Flora BUKA [Minister of State for Land Reform, born 25 Feb.
1968]
3. George CHARAMBA [Permanent Secretary, Ministry of Information,
born 4 Apr. 1963]
4. Fortune CHARUMBIRA [Deputy Minister for Local Government,
Public Works, and National Housing, born 10 June 1962]
5. Aeneas CHIGWEDERE [Minister of Education, Sports and Culture,
born 25 Nov. 1939]
6. Augustine CHIHURI [Police Commissioner, born 10 Mar. 1953]
7. Enos CHIKOWORE [Politburo Secretary for Land and Resettlement,
born 17 July 1942]
8. Patrick CHINAMASA [Minister of Justice, born 25 Jan. 1947]
9. Edward CHINDORI-CHININGA [Minister of Mines, born 14 Mar.
1955]
10. Constantine CHIWENGA [Lt. Gen., Commander of the Army, born
25 Aug. 1956]
11. Willard CHIWEWE [Senior Secretary, Ministry of Foreign
Affairs, born 19 Mar. 1949]
12. Ignatius CHOMBO [Minister of Local Government, born 1 Aug.
1952]
13. Dumiso DABENGWA [Politburo Senior Committee Member, born 6
Dec. 1939]
14. Nicholas GOCHE [Minister of State for National Security, born
1 Aug. 1946]
15. Rugare GUMBO [Deputy Minister for Home Affairs, born 8 Mar.
1940]
16. Richard HOVE [Politburo Secretary for Economic Affairs, born
23 Sept. 1939]
17. David KARIMANZIRA [Politburo Secretary for Finance, born 25
May 1947]
18. Saviour KASUKUWERE [Deputy-Secretary for Youth Affairs, born
23 Oct. 1970]
19. Christopher KURUNERI [Deputy Minister, Finance and Economic
Development, born 4 Apr. 1949]
20. Thenjiwe LESABE [Politburo Secretary for Women's Affairs,
born 5 Jan. 1933]
21. Jaison MACHAYA [Deputy Minister for Mines and Mining
Development, born 13 June 1952]
22. Joseph MADE [Minister of Agriculture, born 21 Nov. 1954]
23. Edna MADZONGWE [Deputy-Secretary for Production and Labor,
born 11 July 1943]
24. Shuvai MAHOFA [Deputy Minister for Youth Development, Gender
and Employment Creation, born 4 Apr. 1941]
25. Joshua MALINGA [Deputy-Secretary for Disabled and
Disadvantaged, born 28 Apr. 1944]
26. Paul MANGWANA [Minister of State for State Enterprises and
Parastatals, born 10 Aug. 1961]
27. Witness MANGWENDE [Minister of Transport and Communications,
born 15 Aug. 1946]
28. Elliot MANYIKA [Minister of Youth Development, born 30 July
1955]
29. Kenneth MANYONDA [Deputy Minister for Industry and
International Trade, born 10 Aug. 1934]
30. Reuben MARUMAHOKO [Deputy Minister for Energy and Power
Development, born 4 Apr. 1948]
31. Angeline MASUKU [Politburo Secretary for Disabled and
Disadvantaged Person's Welfare, born 14 Oct. 1936]
32. Sithokozile MATHUTHU [Deputy-Secretary for Transport and
Social Welfare]
33. Amos Bernard Muvenga MIDZI [Minister for Energy and
Development, born 4 July 1952]
34. Emmerson MNANGAGWA [Parliamentary Speaker, born 15 Sept.
1946]
35. Kembo MOHADI [Minister of Home Affairs, born 15 Nov. 1949]
36. Swithun MOMBESHORA [Minister of Higher Education, born 20
Aug. 1945]
37. Jonathan MOYO [Minister of Information, born 12 Jan. 1957]
38. July MOYO [Minister of Public Service, Labor and Social
Welfare, born 7 May 1950]
39. Simon Khaya MOYO [Deputy-Secretary for Legal Affairs, born
1945]
40. Obert MPOFU [Deputy-Secretary for National Security, born 12
Oct. 1951]
41. Joseph MSIKA [Vice President, born 6 Dec. 1923]
42. Olivia MUCHENA [Minister of State for Science and Technology
Development, born 18 Aug. 1946]
43. Opah MUCHINGURI [Politburo Secretary for Gender and Culture,
born 14 Dec. 1958]
44. Stan MUDENGE [Minister of Foreign Affairs, born 17 Dec. 1948]
45. Grace MUGABE [born 23 July 1965]
46. Sabina MUGABE [Politburo Senior Committee Member, born 14
Oct. 1934]
47. Joyce MUJURU [Minister of Rural Resources and Water, born 15
Apr. 1955]
48. Solomon MUJURU [Politburo Senior Committee Member, born 1 May
1949]
49. Samuel MUMBENGEGWI [Minister of Industry and International
Trade, born 20 July 1945]
50. Herbert MURERWA [Minister of Finance, born 31 July 1941]
51. Christopher MUSHOHWE [Deputy Minister, Transport and
Communications, born 6 Feb. 1954]
52. Didymus MUTASA [Politburo Secretary for External Relations,
born 27 July 1935]
53. Kenneth MUTIWEKUZIVA [Deputy Minister for Small and Medium
Enterprise Development, born 27 May 1948]
54. Simon Vengesai MUZENDA [Vice President, born 28 Oct. 1922]
55. Tsitsi MUZENDA [Politburo Senior Committee Member, born 28
Aug. 1922]
56. Elisha MUZONZINI [Director of the Central Intelligence
Organization, born 24 June 1957]
57. Abedinico NCUBE [Deputy Minister, Foreign Affairs, born 13
March 1954]
58. Naison NDLOVU [Politburo Secretary for Production and Labor,
born 22 Oct. 1930]
59. Sikhanyiso NDLOVU [Deputy-Secretary for Commissariat, born 20
Sept. 1949]
60. Francis NHEMA [Minister of Environment and Tourism, born 17
Apr. 1959]
61. John NKOMO [Minister of State for Special Affairs, born 22
Aug. 1934]
62. Stephen NKOMO [Politburo Senior Committee Member, born 3 Oct.
1926]
63. Sithembiso NYONI [Minister of Small and Medium Enterprises
Development, born 20 Sept. 1949]
64. David PARIRENYATWA [Minister of Health and Child Welfare,
born 2 Aug. 1950]
65. Selina POTE [Deputy-Secretary for Gender and Culture]
66. Tinos RUSERE [Deputy Minister for Rural Resources and Water
Development, born 10 May 1945]
67. Stanley SAKUPWANYA [Deputy-Secretary for Health and Child
Welfare]
68. Sidney SEKERAMAYI [Minister of Defense, born 30 Mar. 1944]
69. Nathan SHAMUYARIRA [Politburo Secretary for Information and
Publicity, born 29 Sept. 1928]
70. Perence SHIRI [Air Marshal (Air Force), born 11 Jan. 1955]
71. Isaiah SHUMBA [Deputy Minister, Education, Sports and
Culture, born 3 Jan. 1949]
72. Absolom SIKOSANA [Politburo Secretary for Youth Affairs]
73. Solomon TAWENGWA [Deputy-Secretary for Finance, born 15 June
1940]
74. Josiah TUNGAMIRAI [Politburo Secretary for Empowerment and
Indigenization, born 8 Oct. 1948]
75. Charles UTETE [Cabinet Secretary, born 30 Oct. 1938]
76. Paradzai ZIMONDI [Prisons chief, born 4 Mar. 1947]
77. Vitalis ZVINAVASHE [General, Commander of Zimbabwe Defense
Forces, born 27 Sept. 1943]
Note: The bracketed identifying information with respect to each
person listed in this Annex reflects information currently
available and is provided solely to facilitate compliance with this
order. Each individual listed in this Annex remains subject to the
prohibitions of this order notwithstanding any change in title,
position, or affiliation.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1702 of this title; title
22 section 7108; title 28 section 1610.
-End-
-CITE-
50 USC Sec. 1702 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
Sec. 1702. Presidential authorities
-STATUTE-
(a) In general
(1) At the times and to the extent specified in section 1701 of
this title, the President may, under such regulations as he may
prescribe, by means of instructions, licenses, or otherwise -
(A) investigate, regulate, or prohibit -
(i) any transactions in foreign exchange,
(ii) transfers of credit or payments between, by, through, or
to any banking institution, to the extent that such transfers
or payments involve any interest of any foreign country or a
national thereof,
(iii) the importing or exporting of currency or securities,
by any person, or with respect to any property, subject to the
jurisdiction of the United States;
(B) investigate, block during the pendency of an investigation,
regulate, direct and compel, nullify, void, prevent or prohibit,
any acquisition, holding, withholding, use, transfer, withdrawal,
transportation, importation or exportation of, or dealing in, or
exercising any right, power, or privilege with respect to, or
transactions involving, any property in which any foreign country
or a national thereof has any interest by any person, or with
respect to any property, subject to the jurisdiction of the
United States; and.(!1)
(C) when the United States is engaged in armed hostilities or
has been attacked by a foreign country or foreign nationals,
confiscate any property, subject to the jurisdiction of the
United States, of any foreign person, foreign organization, or
foreign country that he determines has planned, authorized,
aided, or engaged in such hostilities or attacks against the
United States; and all right, title, and interest in any property
so confiscated shall vest, when, as, and upon the terms directed
by the President, in such agency or person as the President may
designate from time to time, and upon such terms and conditions
as the President may prescribe, such interest or property shall
be held, used, administered, liquidated, sold, or otherwise dealt
with in the interest of and for the benefit of the United States,
and such designated agency or person may perform any and all acts
incident to the accomplishment or furtherance of these purposes.
(2) In exercising the authorities granted by paragraph (1), the
President may require any person to keep a full record of, and to
furnish under oath, in the form of reports or otherwise, complete
information relative to any act or transaction referred to in
paragraph (1) either before, during, or after the completion
thereof, or relative to any interest in foreign property, or
relative to any property in which any foreign country or any
national thereof has or has had any interest, or as may be
otherwise necessary to enforce the provisions of such paragraph. In
any case in which a report by a person could be required under this
paragraph, the President may require the production of any books of
account, records, contracts, letters, memoranda, or other papers,
in the custody or control of such person.
(3) Compliance with any regulation, instruction, or direction
issued under this chapter shall to the extent thereof be a full
acquittance and discharge for all purposes of the obligation of the
person making the same. No person shall be held liable in any court
for or with respect to anything done or omitted in good faith in
connection with the administration of, or pursuant to and in
reliance on, this chapter, or any regulation, instruction, or
direction issued under this chapter.
(b) Exceptions to grant of authority
The authority granted to the President by this section does not
include the authority to regulate or prohibit, directly or
indirectly -
(1) any postal, telegraphic, telephonic, or other personal
communication, which does not involve a transfer of anything of
value;
(2) donations, by persons subject to the jurisdiction of the
United States, of articles, such as food, clothing, and medicine,
intended to be used to relieve human suffering, except to the
extent that the President determines that such donations (A)
would seriously impair his ability to deal with any national
emergency declared under section 1701 of this title, (B) are in
response to coercion against the proposed recipient or donor, or
(C) would endanger Armed Forces of the United States which are
engaged in hostilities or are in a situation where imminent
involvement in hostilities is clearly indicated by the
circumstances; or (!2)
(3) the importation from any country, or the exportation to any
country, whether commercial or otherwise, regardless of format or
medium of transmission, of any information or informational
materials, including but not limited to, publications, films,
posters, phonograph records, photographs, microfilms, microfiche,
tapes, compact disks, CD ROMs, artworks, and news wire feeds. The
exports exempted from regulation or prohibition by this paragraph
do not include those which are otherwise controlled for export
under section 2404 of the Appendix to this title, or under
section 2405 of the Appendix to this title to the extent that
such controls promote the nonproliferation or antiterrorism
policies of the United States, or with respect to which acts are
prohibited by chapter 37 of title 18; or
(4) any transactions ordinarily incident to travel to or from
any country, including importation of accompanied baggage for
personal use, maintenance within any country including payment of
living expenses and acquisition of goods or services for personal
use, and arrangement or facilitation of such travel including
nonscheduled air, sea, or land voyages.
(c) Classified information
In any judicial review of a determination made under this
section, if the determination was based on classified information
(as defined in section 1(a) of the Classified Information
Procedures Act) such information may be submitted to the reviewing
court ex parte and in camera. This subsection does not confer or
imply any right to judicial review.
-SOURCE-
(Pub. L. 95-223, title II, Sec. 203, Dec. 28, 1977, 91 Stat. 1626;
Pub. L. 100-418, title II, Sec. 2502(b)(1), Aug. 23, 1988, 102
Stat. 1371; Pub. L. 103-236, title V, Sec. 525(c)(1), Apr. 30,
1994, 108 Stat. 474; Pub. L. 107-56, title I, Sec. 106, Oct. 26,
2001, 115 Stat. 277.)
-REFTEXT-
REFERENCES IN TEXT
Section 1(a) of the Classified Information Procedures Act,
referred to in subsec. (c), is section 1(a) of Pub. L. 96-456, Oct.
15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title
18, Crimes and Criminal Procedure.
-MISC1-
AMENDMENTS
2001 - Pub. L. 107-56, Sec. 106, which directed certain
amendments to section 203 of the International Emergency Powers
Act, was executed by making the amendments to this section, which
is section 203 of the International Emergency Economic Powers Act,
to reflect the probable intent of Congress. See below.
Subsec. (a)(1). Pub. L. 107-56, Sec. 106(1)(C), which directed
striking out "by any person, or with respect to any property,
subject to the jurisdiction of the United States' without providing
closing quotation marks designating the provisions to be struck,
was executed by striking out "by any person, or with respect to any
property, subject to the jurisdiction of the United States" in
concluding provisions.
Subsec. (a)(1)(A). Pub. L. 107-56, Sec. 106(1)(A), substituted a
comma for "; and" at end of cl. (iii) and inserted concluding
provisions.
Subsec. (a)(1)(B). Pub. L. 107-56, Sec. 106(1)(B), inserted ",
block during the pendency of an investigation" after "investigate"
and substituted "interest by any person, or with respect to any
property, subject to the jurisdiction of the United States; and"
for "interest;".
Subsec. (a)(1)(C). Pub. L. 107-56, Sec. 106(1)(D), added subpar.
(C).
Subsec. (c). Pub. L. 107-56, Sec. 106(2), added subsec. (c).
1994 - Subsec. (b)(3), (4). Pub. L. 103-236 added pars. (3) and
(4) and struck out former par. (3) which read as follows: "the
importation from any country, or the exportation to any country,
whether commercial or otherwise, of publications, films, posters,
phonograph records, photographs, microfilms, microfiche, tapes, or
other informational materials, which are not otherwise controlled
for export under section 2404 of the Appendix to this title or with
respect to which no acts are prohibited by chapter 37 of title 18."
1988 - Subsec. (b)(3). Pub. L. 100-418 added par. (3).
EFFECTIVE DATE OF 1994 AMENDMENT
Section 525(c)(2) and (3) of Pub. L. 103-236 provided that:
"(2) The amendments made by paragraph (1) to section 203(b)(3) of
the International Emergency Economic Powers Act [50 U.S.C.
1702(b)(3)] apply to actions taken by the President under section
203 of such Act before the date of enactment of this Act [Apr. 30,
1994] which are in effect on such date and to actions taken under
such section on or after such date.
"(3) Section 203(b)(4) of the International Emergency Economic
Powers Act (as added by paragraph (1)) shall not apply to
restrictions on the transactions and activities described in
section 203(b)(4) in force on the date of enactment of this Act,
with respect to countries embargoed under the International
Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] on the date
of enactment of this Act."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 2502(b)(2) of Pub. L. 100-418 provided that: "The
amendments made by paragraph (1) [amending this section] apply to
actions taken by the President under section 203 of the
International Emergency Economic Powers Act [this section] before
the date of the enactment of this Act [Aug. 23, 1988] which are in
effect on such date of enactment, and to actions taken under such
section on or after such date of enactment."
-EXEC-
EX. ORD. NO. 13290. CONFISCATING AND VESTING CERTAIN IRAQI PROPERTY
Ex. Ord. No. 13290, Mar. 20, 2003, 68 F.R. 14307, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code, and in order
to take additional steps with respect to the national emergency
declared in Executive Order 12722 of August 2, 1990 [50 U.S.C. 1701
note],
I, GEORGE W. BUSH, President of the United States of America,
hereby determine that the United States and Iraq are engaged in
armed hostilities, that it is in the interest of the United States
to confiscate certain property of the Government of Iraq and its
agencies, instrumentalities, or controlled entities, and that all
right, title, and interest in any property so confiscated should
vest in the Department of the Treasury. I intend that such vested
property should be used to assist the Iraqi people and to assist in
the reconstruction of Iraq, and determine that such use would be in
the interest of and for the benefit of the United States.
I hereby order:
Section 1. All blocked funds held in the United States in
accounts in the name of the Government of Iraq, the Central Bank of
Iraq, Rafidain Bank, Rasheed Bank, or the State Organization for
Marketing Oil are hereby confiscated and vested in the Department
of the Treasury, except for the following:
(a) any such funds that are subject to the Vienna Convention on
Diplomatic Relations or the Vienna Convention on Consular
Relations, or that enjoy equivalent privileges and immunities under
the laws of the United States, and are or have been used for
diplomatic or consular purposes, and
(b) any such amounts that as of the date of this order are
subject to post-judgment writs of execution or attachment in aid of
execution of judgments pursuant to section 201 of the Terrorism
Risk Insurance Act of 2002 (Public Law 107-297) [see Tables for
classification], provided that, upon satisfaction of the judgments
on which such writs are based, any remainder of such excepted
amounts shall, by virtue of this order and without further action,
be confiscated and vested.
Sec. 2. The Secretary of the Treasury is authorized to perform,
without further approval, ratification, or other action of the
President, all functions of the President set forth in section
203(a)(1)(C) of IEEPA [50 U.S.C. 1702(a)(1)(C)] with respect to any
and all property of the Government of Iraq, including its agencies,
instrumentalities, or controlled entities, and to take additional
steps, including the promulgation of rules and regulations as may
be necessary, to carry out the purposes of this order. The
Secretary of the Treasury may redelegate such functions in
accordance with applicable law. The Secretary of the Treasury shall
consult the Attorney General as appropriate in the implementation
of this order.
Sec. 3. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1701 of this title; title
22 sections 6004, 7108; title 28 section 1610.
-FOOTNOTE-
(!1) So in original. The period probably should not appear.
(!2) So in original. The word "or" probably should not appear.
-End-
-CITE-
50 USC Sec. 1703 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
Sec. 1703. Consultation and reports
-STATUTE-
(a) Consultation with Congress
The President, in every possible instance, shall consult with the
Congress before exercising any of the authorities granted by this
chapter and shall consult regularly with the Congress so long as
such authorities are exercised.
(b) Report to Congress upon exercise of Presidential authorities
Whenever the President exercises any of the authorities granted
by this chapter, he shall immediately transmit to the Congress a
report specifying -
(1) the circumstances which necessitate such exercise of
authority;
(2) why the President believes those circumstances constitute
an unusual and extraordinary threat, which has its source in
whole or substantial part outside the United States, to the
national security, foreign policy, or economy of the United
States;
(3) the authorities to be exercised and the actions to be taken
in the exercise of those authorities to deal with those
circumstances;
(4) why the President believes such actions are necessary to
deal with those circumstances; and
(5) any foreign countries with respect to which such actions
are to be taken and why such actions are to be taken with respect
to those countries.
(c) Periodic follow-up reports
At least once during each succeeding six-month period after
transmitting a report pursuant to subsection (b) of this section
with respect to an exercise of authorities under this chapter, the
President shall report to the Congress with respect to the actions
taken, since the last such report, in the exercise of such
authorities, and with respect to any changes which have occurred
concerning any information previously furnished pursuant to
paragraphs (1) through (5) of subsection (b) of this section.
(d) Supplemental requirements
The requirements of this section are supplemental to those
contained in title IV of the National Emergencies Act [50 U.S.C.
1641].
-SOURCE-
(Pub. L. 95-223, title II, Sec. 204, Dec. 28, 1977, 91 Stat. 1627.)
-REFTEXT-
REFERENCES IN TEXT
The National Emergencies Act, referred to in subsec. (d), is Pub.
L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title IV of
the National Emergencies Act enacted subchapter IV (Sec. 1641) of
chapter 34 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 1601 of
this title and Tables.
-End-
-CITE-
50 USC Sec. 1704 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
Sec. 1704. Authority to issue regulations
-STATUTE-
The President may issue such regulations, including regulations
prescribing definitions, as may be necessary for the exercise of
the authorities granted by this chapter.
-SOURCE-
(Pub. L. 95-223, title II, Sec. 205, Dec. 28, 1977, 91 Stat. 1628.)
-End-
-CITE-
50 USC Sec. 1705 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
Sec. 1705. Penalties
-STATUTE-
(a) A civil penalty of not to exceed $10,000 may be imposed on
any person who violates, or attempts to violate, any license,
order, or regulation issued under this chapter.
(b) Whoever willfully violates, or willfully attempts to violate,
any license, order, or regulation issued under this chapter shall,
upon conviction, be fined not more than $50,000, or, if a natural
person, may be imprisoned for not more than ten years, or both; and
any officer, director, or agent of any corporation who knowingly
participates in such violation may be punished by a like fine,
imprisonment, or both.
-SOURCE-
(Pub. L. 95-223, title II, Sec. 206, Dec. 28, 1977, 91 Stat. 1628;
Pub. L. 102-393, title VI, Sec. 629, Oct. 6, 1992, 106 Stat. 1773;
Pub. L. 102-396, title IX, Sec. 9155, Oct. 6, 1992, 106 Stat. 1943;
Pub. L. 104-201, div. A, title XIV, Sec. 1422, Sept. 23, 1996, 110
Stat. 2725.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-201, Sec. 1422(1), inserted ", or
attempts to violate," after "violates".
Subsec. (b). Pub. L. 104-201, Sec. 1422(2), inserted ", or
willfully attempts to violate," after "violates".
1992 - Subsec. (a). Pub. L. 102-396 substituted "$10,000" for
"$50,000".
Pub. L. 102-393 substituted "$50,000" for "$10,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 18 section 1956; title 22
sections 2778, 7108.
-End-
-CITE-
50 USC Sec. 1706 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
Sec. 1706. Savings provisions
-STATUTE-
(a) Termination of national emergencies pursuant to National
Emergencies Act
(1) Except as provided in subsection (b) of this section,
notwithstanding the termination pursuant to the National
Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency
declared for purposes of this chapter, any authorities granted by
this chapter, which are exercised on the date of such termination
on the basis of such national emergency to prohibit transactions
involving property in which a foreign country or national thereof
has any interest, may continue to be so exercised to prohibit
transactions involving that property if the President determines
that the continuation of such prohibition with respect to that
property is necessary on account of claims involving such country
or its nationals.
(2) Notwithstanding the termination of the authorities described
in section 101(b) of this Act, any such authorities, which are
exercised with respect to a country on the date of such termination
to prohibit transactions involving any property in which such
country or any national thereof has any interest, may continue to
be exercised to prohibit transactions involving that property if
the President determines that the continuation of such prohibition
with respect to that property is necessary on account of claims
involving such country or its nationals.
(b) Congressional termination of national emergencies by concurrent
resolution
The authorities described in subsection (a)(1) of this section
may not continue to be exercised under this section if the national
emergency is terminated by the Congress by concurrent resolution
pursuant to section 202 of the National Emergencies Act [50 U.S.C.
1622] and if the Congress specifies in such concurrent resolution
that such authorities may not continue to be exercised under this
section.
(c) Supplemental savings provisions; supersedure of inconsistent
provisions
(1) The provisions of this section are supplemental to the
savings provisions of paragraphs (1), (2), and (3) of section
101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of paragraphs (A), (B),
and (C) of section 202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of
the National Emergencies Act.
(2) The provisions of this section supersede the termination
provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II
[50 U.S.C. 1621 et seq.] of the National Emergencies Act to the
extent that the provisions of this section are inconsistent with
these provisions.
(d) Periodic reports to Congress
If the President uses the authority of this section to continue
prohibitions on transactions involving foreign property interests,
he shall report to the Congress every six months on the use of such
authority.
-SOURCE-
(Pub. L. 95-223, title II, Sec. 207, Dec. 28, 1977, 91 Stat. 1628.)
-REFTEXT-
REFERENCES IN TEXT
The National Emergencies Act, referred to in subsecs. (a)(1) and
(c)(2), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as
amended, which is classified principally to chapter 34 (Sec. 1601
et seq.) of this title. Title II of the National Emergencies Act is
classified generally to subchapter II (Sec. 1621 et seq.) of
chapter 34 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 1601 of
this title and Tables.
Section 101(b) of this Act, referred to in subsec. (a)(2), is
section 101(b) of Pub. L. 95-223, which is set out as a note under
section 5 of the Appendix to this title.
-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which a report required under subsec. (d) of this section is listed
as the 11th item on page 27), see section 3003 of Pub. L. 104-66,
as amended, set out as a note under section 1113 of Title 31, Money
and Finance.
-End-
-CITE-
50 USC Sec. 1707 01/06/03
-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS
-HEAD-
Sec. 1707. Multinational economic embargoes against governments in
armed conflict with the United States
-STATUTE-
(a) Policy on the establishment of embargoes
It is the policy of the United States, that upon the use of the
Armed Forces of the United States to engage in hostilities against
any foreign country, the President shall, as appropriate -
(1) seek the establishment of a multinational economic embargo
against such country; and
(2) seek the seizure of its foreign financial assets.
(b) Reports to Congress
Not later than 20 days after the first day of the engagement of
the United States in hostilities described in subsection (a) of
this section, the President shall, if the armed conflict has
continued for 14 days, submit to Congress a report setting forth -
(1) the specific steps the United States has taken and will
continue to take to establish a multinational economic embargo
and to initiate financial asset seizure pursuant to subsection
(a) of this section; and
(2) any foreign sources of trade or revenue that directly or
indirectly support the ability of the adversarial government to
sustain a military conflict against the United States.
-SOURCE-
(Pub. L. 106-65, div. A, title XII, Sec. 1231, Oct. 5, 1999, 113
Stat. 788.)
-COD-
CODIFICATION
This section enacted as part of the National Defense
Authorization Act for Fiscal Year 2000, and not as part of the
International Emergency Economic Powers Act which comprises this
chapter.
-End-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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