[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

                                
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