[House Document 104-129]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - House
Document 104-129
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO FOREIGN NARCOTICS
TRAFFICKERS
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
HIS DECLARATION OF A NATIONAL EMERGENCY IN RESPONSE TO THE UNUSUAL AND
EXTRAORDINARY THREAT POSED TO THE NATIONAL SECURITY, FOREIGN POLICY,
AND ECONOMY OF THE UNITED STATES BY THE ACTIONS OF SIGNIFICANT FOREIGN
NARCOTICS TRAFFICKERS CENTERED IN COLOMBIA, PURSUANT TO 50 U.S.C.
1703(b) AND 50 U.S.C. 1631
October 24, 1995.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703(b) and section 301 of the
National Emergencies Act, 50 U.S.C. 1631, I hereby report that
I have exercised my statutory authority to declare a national
emergency in response to the unusual and extraordinary threat
posed to the national security, foreign policy, and economy of
the United States by the actions of significant foreign
narcotics traffickers centered in Colombia and to issue an
Executive order that:
Blocks all property and interests in property in the
United States or within the possession or control of
United States persons of significant foreign narcotics
traffickers centered in Colombia designated in the
Executive order or other persons designated pursuant
thereto; and
Prohibits any transaction or dealing by United States
persons or within the United States in property of the
persons designated in the Executive order or other
persons designated pursuant thereto.
In the Executive order (copy attached) I have designated
four significant foreign narcotics traffickers who are
principals in the so-called Cali cartel in Colombia. I have
also authorized the Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State, to
designate additional foreign persons who play a significant
role in international narcotics trafficking centered in
Colombia or who materially support such trafficking, and other
persons determined to be owned or controlled by or to act for
or on behalf of designated persons, whose property or
transactions or dealings in property in the United States or
with United States persons shall be subject to the prohibitions
contained in the order.
I have authorized these measures in response to the
relentless threat posed by significant foreign narcotics
traffickers centered in Colombia to the national security,
foreign policy, and economy of the United States.
Narcotics production has grown substantially in recent
years. Potential cocaine production--a majority of which is
bound for the United States--is approximately 850 metric tons
per year. Narcotics traffickers centered in Colombia have
exercised control over more than 80 percent of the cocaine
entering the United States.
Narcotics trafficking centered in Colombia undermines
dramatically the health and well-being of United States
citizens as well as the domestic economy. Such trafficking also
harms trade and commercial relations between our countries. The
penetration of legitimate sectors of the Colombian economy by
the so-called Cali cartel has frequently permitted it to
corrupt various institutions of Colombian government and
society and to disrupt Colombian commerce and economic
development.
The economic impact and corrupting financial influence of
such narcotics trafficking is not limited to Colombia but
affects commerce and finance in the United States and beyond.
United States law enforcement authorities estimate that the
traffickers are responsible for the repatriation of $4.7 to $7
billion in illicit drug profits from the United States to
Colombia annually, some of which is invested in ostensibly
legitimate businesses. Financial resources of that magnitude,
which have been illicitly generated and injected into the
legitimate channels of international commerce, threaten the
integrity of the domestic and international financial systems
on which the economies of many nations now rely.
For all of these reasons, I have determined that the
actions of significant 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. I have,
accordingly, declared a national emergency in response to this
threat.
The measures I am taking are designed to deny these
traffickers the benefit of any assets subject to the
jurisdiction of the United States and to prevent United States
persons from engaging in any commercial dealings with them,
their front companies, and their agents. These measures
demonstrate firmly and decisively the commitment of the United
States to end the scourge that such traffickers have wrought
upon society in the United States and beyond. The magnitude and
dimension of the current problem warrant utilizing all
available tools to wrest the destructive hold that these
traffickers have on society and governments.
William J. Clinton.
The White House, October 21, 1995.
Executive Order
----------
Blocking Assets and Prohibiting Transactions With Significant Narcotics
Traffickers
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
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 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 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.
William J. Clinton.
The White House, October 21, 1995.
Annex
Gilberto Rodriguez Orejuela
Miguel Angel Rodriguez Orejuela
Jose Santacruz Londono
Helmer Herrera Buitrago