[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)