[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
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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.