[House Document 104-25]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - House
Document 104-25
DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO HAITI
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON DEVELOPMENTS SINCE HIS LAST REPORT OF OCTOBER 13, 1994,
CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO HAITI, PURSUANT TO 50
U.S.C. 1641(c) AND 50 U.S.C. 1703(c)
February 3, 1995.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
1. In December 1990, the Haitian people elected Jean-
Bertrand Aristide as their President by an overwhelming margin
in a free and fair election. The United States praised Haiti's
success in peacefully implementing its democratic
constitutional system and provided significant political and
economic support to the new government. The Haitian military
abruptly interrupted the consolidation of Haiti's new democracy
when, in September 1991, it illegally and violently ousted
President Aristide from office and drove him into exile.
2. The United States, on its own and with the Organization
of American States (OAS), immediately imposed sanctions against
the illegal regime. Upon the recommendation of the legitimate
government of President Aristide and of the OAS, the United
Nations Security Council imposed incrementally a universal
embargo on Haiti, beginning June 16, 1993, with trade
restrictions on certain strategic commodities. The United
States actively supported the efforts of the OAS and the United
Nations to restore democracy to Haiti and to bring about
President Aristide's return by facilitating negotiations
between the Haitian parties. The United States and the
international community also offered material assistance within
the context of an eventual negotiated settlement of the Haitian
crisis to support the return to democracy, build constitutional
structures, and foster economic well-being.
The continued defiance of the will of the international
community by the illegal regime led to an intensification of
bilateral and multilateral economic sanctions against Haiti in
May 1994. The U.N. Security Council on May 6 adopted Resolution
917, imposing comprehensive trade sanctions and other measures
on Haiti. This was followed by a succession of unilateral U.S.
sanctions designed to isolate the illegal regime. To augment
embargo enforcement, the United States and other countries
entered into a cooperative endeavor with the Dominican Republic
to monitor that country's enforcement of sanctions along its
land border and in its coastal waters.
Defying coordinated international efforts, the illegal
military regime in Haiti remained intransigent for some time.
Internal repression continued to worsen, exemplified by the
expulsion in July 1994 of the U.N./O.A.S.-sponsored
International Civilian Mission (ICM) human rights observers.
Responding to the threat to peace and security in the region,
the U.N. Security Council passed Resolution 940 on July 31,
1994, authorizing the formation of a multinational force to use
all necessary means to facilitate the departure from Haiti of
the military leadership and the return of legitimate
authorities including President Aristide.
In the succeeding weeks, the international community under
U.S. leadership assembled a multinational coalition force to
carry out this mandate. At my request, former President Carter,
Chairman of the Senate Armed Services Committee Sam Nunn, and
former Chairman of the Joint Chiefs of Staff Colin Powell went
to Haiti on September 16 to meet with the de facto Haitian
leadership. The threat of imminent military intervention
combined with determined diplomacy achieved agreement in Port-
au-Prince on September 18 for the de facto leaders to
relinquish power by October 15. United States forces in the
vanguard of the multinational coalition force drawn from 26
countries began a peaceful deployment in Haiti on September 19
and the military leaders have since relinquished power.
In a spirit of reconciliation and reconstruction, on
September 25 President Aristide called for the immediate easing
of sanctions so that the work of rebuilding could begin. In
response to this request, on September 26 in an address before
the United Nations General Assembly, I announced by intention
to suspend all unilateral sanctions against Haiti except those
that affected the military leaders and their immediate
supporters and families. On September 29, the U.N. Security
Council adopted Resolution 944 terminating U.N.-imposed
sanctions as of the day after President Aristide returned to
Haiti.
On October 15, President Aristide returned to Haiti to
assume his official responsibilities. Effective October 16,
1994, by Executive Order No. 12932 (59 Fed. Reg. 52403),
October 14, 1994), I terminated the national emergency declared
on October 4, 1991, in Executive Order No. 12775, along with
all sanctions with respect to Haiti imposed in that Executive
order, subsequent executive orders, and the Department of the
Treasury regulations to deal with that emergency. This
termination does not affect compliance and enforcement actions
involving prior transactions or violations of the sanctions.
3. This report is submitted to the Congress pursuant to 50
U.S.C. 1641(c) and 1703(c). It is not a report on all U.S.
activities with respect to Haiti, but discusses only those
Administration actions and expenses since my last report
(October 13, 1994) that are directly related to the national
emergency with respect to Haiti declared in Executive Order No.
12775, as implemented pursuant to that order and Executive
Orders Nos. 12779, 12853, 12872, 12914, 12917, 12920, and
12922.
4. The Department of the Treasury's Office of Foreign
Assets Control (FAC) amended the Haitian Transactions
Regulations, 31 C.F.R. Part 580 (the ``HTR'') on December 27,
1994 (59 Fed. Reg. 66476, December 27, 1994), to add section
580.524, indicating the termination of sanctions pursuant to
Executive Order No. 12932, effective October 16, 1994. The
effect of this amendment is to authorize all transactions
previously prohibited by subpart B of the HTR or by the
previously stated Executive orders. Reports due under general
or specific license must still be filed with FAC covering
activities up until the effective date of this termination.
Enforcement actions with respect to past violations of the
sanctions are not affected by the termination of sanctions. A
copy of the FAC amendment is attached.
5. The total expenses incurred by the Federal Government
during the period of the national emergency with respect to
Haiti from October 4, 1991, through October 15, 1994, that are
directly attributable to the authorities conferred by the
declaration of a national emergency with respect to Haiti are
estimated to be approximately $6.2 million, most of which
represent wage and salary costs for Federal personnel. This
estimate has been revised downward substantially from the sum
of estimates previously reported in order to eliminate certain
previously reported costs incurred with respect to Haiti, but
not directly attributable to the exercise of powers and
authorities conferred by the declaration of the terminated
national emergency with respect to Haiti.
Thus, with the termination of sanctions, this is the last
periodic report that will be submitted pursuant to 50 U.S.C.
1703(c) and also constitutes the last semiannual report and
final report on Administration expenditures required pursuant
to 50 U.S.C. 1641(c).
William J. Clinton.
The White House, February 3, 1995.