[House Document 104-23]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-23


 
   DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE MIDDLE EAST
                             PEACE PROCESS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE GRAVE ACTS 
 OF VIOLENCE COMMITTED BY FOREIGN TERRORISTS THAT THREATEN TO DISRUPT 
     THE MIDDLE EAST PEACE PROCESS, PURSUANT TO 50 U.S.C. 1703(b).




  January 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 310 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 with respect to the grave acts of violence committed 
by foreign terrorists that threaten to disrupt the Middle East 
peace process and to issue an Executive order that:
          Blocks all property, including bank deposits, of 
        foreign persons or organizations designated in the 
        Executive order or pursuant thereto, which is in the 
        United States or in the control of United States 
        persons, including their overseas branches; and
          Prohibits any transaction or dealing by United States 
        persons in such property, including the making or 
        receiving of any contribution of funds, goods, or 
        services to or for the benefit of such designated 
        persons.
    I have designated in the Executive order 12 foreign 
organizations that threaten to use violence to disrupt the 
Middle East peace process. I have authorized the Secretary of 
State to designate additional foreign persons who have 
committed, or pose a significant risk of committing, acts of 
violence that have the purpose of effect of disrupting the 
Middle East peace process, or who assist in, sponsor, or 
provide financial, material or technological support for, or 
services in support of, such acts of violence. Such 
designations are to be made in coordination with the Secretary 
of the Treasury and the Attorney General.
    The Secretary of the Treasury is further authorized to 
designate persons or entities that he determines, in 
coordination with the Secretary of State and the Attorney 
General, are owned or controlled by, or acting for or on behalf 
of, any of the foreign persons designated under this order. The 
Secretary of the Treasury is also authorized to issue 
regulations in exercise of my authorities under the 
International Emergency Economic Powers Act to implement these 
measures in consultation with the Secretary of State and the 
Attorney General and to coordinate such implementation with the 
Federal Bureau of Investigation. All Federal agencies are 
directed to take actions within their authority to carry out 
the provisions of the Executive order.
    I am enclosing a copy of the Executive order that I have 
issued. The order was effective at 12:01 a.m., eastern standard 
time on January 24, 1995.
    I have authorized these measures in response to recurrent 
acts of international terrorism that threaten to disrupt the 
Middle East peace process. They include such acts as the bomb 
attacks in Israel this past weekend and other recent attacks in 
Israel, attacks on government authorities in Egypt, threats 
against Palestinian authorities in the autonomous regions, and 
the bombing of the Jewish Mutual Association building in Buenos 
Aires, as well as the car bomb at the Israeli Embassy in 
London.
    Achieving peace between Israel and its neighbors has long 
been a principal goal of American foreign policy. Resolving 
this conflict would eliminate a major source of instability in 
a part of the world in which we have critical interests, 
contribute to the security and well-being of Israel, and 
strengthen important bilateral relationships in the Arab world.
    Attempts to disrupt the Middle East peace process through 
terrorism by groups opposed to peace have threatened and 
continue to threaten vital interests of the United States, thus 
constituting an unusual and extraordinary threat to the 
national security, foreign policy, and economy of the United 
States.
    Terrorist groups engaging in such terrorist acts receive 
financial and material support of their efforts from persons in 
the Middle East and elsewhere who oppose that process. 
Individuals and groups in the United States, too, have been 
targets of fundraising efforts on behalf of terrorist 
organizations.
    Fundraising for terrorism and use of the U.S. banking 
system for transfers on behalf of such organizations are 
inimical to American interests. Further, failure to take 
effective action against similar fundraising and transfers in 
foreign countries indicate the need for leadership by the 
United States on this subject. Thus, it is necessary to provide 
the tools to combat any financial support from the United 
States for such terrorist activities. The United States will 
use these actions on our part to impress on our allies in 
Europe and elsewhere the seriousness of the danger of terrorist 
funding threatening the Middle East peace process, and to 
encourage them to adopt appropriate and effective measures to 
cut off terrorist fundraising and the harboring of terrorist 
assets in their territories and by their nationals.
    The measures we are taking demonstrate our determination to 
thwart acts of terrorism that threaten to disrupt the Middle 
East peace process by attacking any material or financial 
support for such acts that may emanate from the United States.

                                                William J. Clinton.
    The White House, January 23, 1995.
                            Executive Order

                              ----------                              


 prohibiting transactions with terrorists who threaten to disrupt the 
                       middle east peace process

    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)(23)(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.
    The White House, January 23, 1995.
                                 Annex

terrorist organizations which threaten to disrupt the middle east peace 
                                process

    Abu Nidal Organization (ANO)
    Democratic Front for the Liberation of Palestine (DFLP)
    Hizballah
    Islamic Gamn'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)