[House Document 104-222]
[From the U.S. Government Publishing Office]



                                     

104th Congress, 2d Session - - - - - - - - - - House Document 104-222



  CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL 
 
 REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND THE BOSNIAN SERBS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   NOTIFICATION THAT THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND 
 MONTENEGRO) AND THE BOSNIAN SERBS EMERGENCY IS TO CONTINUE IN EFFECT 
           BEYOND MAY 30, 1996, PURSUANT TO 50 U.S.C. 1622(d)




May 29, 1996.--Referred to the Committee on International Relations and 
                         ordered to be printed


                                           The White House,
                                          Washington, May 24, 1996.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic 
termination of a national emergency unless, prior to the 
anniversary date of its declaration, the President publishes in 
the Federal Register and transmits to the Congress a notice 
stating that the emergency is to continue in effect beyond the 
anniversary date. In accordance with this provision, I have 
sent the enclosed notice to the Federal Register for 
publication, stating that the emergency declared with respect 
to the Federal Republic of Yugoslavia (Serbia and Montenegro), 
as expanded to address the actions and policies of the Bosnian 
Serb forces and the authorities in the territory that they 
control within the Republic of Bosnia and Herzegovina, is to 
continue in effect beyond May 30, 1996.
    The circumstances that led to the declaration on May 30, 
1992, of a national emergency and to the expansion of that 
emergency on October 25, 1994, have not been resolved. On 
November 22, 1995, the United Nations Security Council adopted 
Resolution 1022, immediately and indefinitely suspending 
economic sanctions against the Federal Republic of Yugoslavia 
(Serbia and Montenegro) in view of the General Framework 
Agreement for Peace in Bosnia and Herzegovina (the ``Peace 
Agreement'') initialed by the Presidents of the Federal 
Republic of Yugoslavia (Serbia and Montenegro), the Republic of 
Bosnia and Herzegovina, and the Republic of Croatia in Dayton, 
Ohio, on November 21, 1995, and signed by the parties in Paris 
on December 14, 1995. On December 27, 1995, I issued 
Presidential Determination No. 96-7, directing the Secretary of 
the Treasury to suspend the application of sanctions imposed on 
the Federal Republic of Yugoslavia (Serbia and Montenegro). 
These sanctions were suspended on January 16, 1996. Sanctions 
imposed on the Bosnian Serbs were subsequently suspended on May 
10, 1996.
    These suspended sanctions will not be terminated, however, 
until the Peace Agreement has been fully implemented through 
the occurrence of free and fair elections in the Republic of 
Bosnia and Herzegovina, and provided that the Bosnian Serb 
forces have continued to respect the zones of separation as 
provided in the Peace Agreement. Assets blocked pursuant to the 
sanctions also remain blocked until claims and encumbrances 
involving those assets can be addressed. Until the peace 
process is fully implemented, this situation continues to pose 
a continuing unusual and extraordinary threat to the national 
security, foreign policy interests, and the economy of the 
United States. For these reasons, I have determined that it is 
necessary to maintain in force the broad authorities necessary 
to reimpose economic pressure on the Government of the Federal 
Republic of Yugoslavia (Serbia and Montenegro) and the Bosnia 
Serb forces and the authorities in the territory that they 
control if either fail significantly to meet their obligations 
under the Peace Agreement.
            Sincerely,
                                                William J. Clinton.
                                 Notice

                              ----------                              


   Continuation of Emergency With Respect to the Federal Republic of 
        Yugoslavia (Serbia and Montenegro) and the Bosnian Serbs

    On May 30, 1992, by Executive Order 12808, 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, blocking 
all property and interests in property of those Governments. 
President Bush took additional measures to prohibit trade and 
other transactions with the Federal Republic of Yugoslavia 
(Serbia and Montenegro) by Executive Orders 12810 and 12831, 
issued on June 5, 1992, and January 15, 1993, respectively. On 
April 25, 1993, I issued Executive Order 12846, blocking the 
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), and prohibiting trade-related 
transactions by United States persons involving those areas of 
the Republic of Bosnia and Herzegovina controlled by Bosnian 
Serb forces and the United Nations Protected Areas in the 
Republic of Croatia. On October 25, 1994, because of the 
actions and policies of the Bosnian Serbs, I expanded the scope 
of the national emergency to block the property of the Bosnian 
Serb forces and the authorities in the territory that they 
control within the Republic of Bosnia and Herzegovina, as well 
as the property of any entity organized or located in, or 
controlled by any person in, or resident in, those areas.
    On December 27, 1995, I issued Presidential Determination 
No. 96-7, directing the Secretary of the Treasury, inter alia, 
to suspend the application of sanctions imposed on the Federal 
Republic of Yugoslavia (Serbia and Montenegro) 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 (hereinafter the 
``Resolution''), was an essential factor motivating Serbia and 
Montenegro's acceptance of the General Framework Agreement for 
Peace in Bosnia and Herzegovina initialled by the parties in 
Dayton, Ohio, on November 21, 1995, and signed in Paris on 
December 14, 1995 (hereinafter the ``Peace Agreement''). The 
sanctions imposed on the Federal Republic of Yugoslavia (Serbia 
and Montenegro) were accordingly suspended prospectively, 
effective January 16, 1996. Sanctions imposed on the Bosnian 
Serb forces and authorities and on the territory that they 
control within the Republic of Bosnia and Herzegovina were 
subsequently suspended prospectively, effective May 10, 1996, 
also in conformity with the Peace Agreement and Resolution.
    In the last year, substantial progress has been achieved to 
bring about a settlement on the conflict in the former 
Yugoslavia acceptable to the parties. Before agreeing to the 
sanctions suspension, the United States insisted on a credible 
reimposition mechanism to ensure the full implementation of the 
Peace Agreement. Thus, Resolution 1022 provides a mechanism to 
reimpose the sanctions if the Federal Republic of Yugoslavia or 
the Bosnian Serb authorities fail significantly to meet their 
obligations under the Peace Agreement. It also provides that 
sanctions will not be terminated until after the first free and 
fair elections occur in the Republic of Bosnia and Herzegovina, 
as provided for in the Peace Agreement, and provided that the 
Bosnian Serb forces have continued to respect the zones of 
separation as provided in the Peace Agreement. The Resolution 
also provides for the continued blocking of assets potentially 
subject to conflicting claims and encumbrances, including the 
claims of the other successor states of the former Yugoslavia, 
until provision is made to address them.
    Because the resolution of the crisis and conflict in the 
former Yugoslavia that resulted from the actions and policies 
of the Government of the Federal Republic of Yugoslavia (Serbia 
and Montenegro), and of the Bosnian Serb forces and the 
authorities in the territory that they control, will not be 
complete until such time as the Peace Agreement is implemented 
fully and the terms of Resolution 1022 have been met, the 
national emergency declared on May 30, 1992, as expanded in 
scope on October 25, 1994, and the measures adopted pursuant 
thereto to deal with that emergency must continue beyond May 
30, 1996.
    Therefore, in accordance with section 202(d) of the 
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing 
the national emergency with respect to the Federal Republic of 
Yugoslavia (Serbia and Montenegro) and the Bosnian Serb forces 
and those areas of the Republic of Bosnia and Herzegovina under 
the control of the Bosnian Serb forces.
    This notice shall be published in the Federal Register and 
transmitted to the Congress.

                                                William J. Clinton.
    The White House, May 24, 1996.

                                
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