[House Document 105-166]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session  - - - - - - - - - - House Document 105-166


 
               NATIONAL EMERGENCY WITH RESPECT TO SUDAN

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS DECLARATION THAT THE POLICIES OF THE GOVERNMENT OF SUDAN CONSTITUTE 
   AN UNUSUAL AND EXTRAORDINARY THREAT TO THE NATIONAL SECURITY AND 
FOREIGN POLICY OF THE UNITED STATES AND TO DECLARE A NATIONAL EMERGENCY 
         TO DEAL WITH THE THREAT, PURSUANT TO 50 U.S.C. 1703(b)





  November 4, 1997.--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), I hereby report to the 
Congress that I have exercised my statutory authority to 
declare that the policies of the Government of Sudan constitute 
an unusual and extraordinary threat to the national security 
and foreign policy of the United States and to declare a 
national emergency to deal with the threat.
    Pursuant to this legal authority, I have blocked Sudanese 
governmental assets in the United States. I have also 
prohibited certain transactions, including the following: (1) 
the importation into the United States of any goods or services 
of Sudanese origin, other than information or informational 
materials; (2) the exportation or reexportation to Sudan of any 
nonexempt goods, technology, or services from the United 
States; (3) the facilitation by any United States person of the 
exportation or reexportation of goods, technology, or services 
from Sudan to any destination, or to Sudan from any 
destination; (4) the performance by any United States person of 
any contract, including a financing contract, in support of an 
industrial, commercial, public utility, or governmental project 
in Sudan; (5) the grant or extension of credits or loans by any 
United States person to the Government of Sudan; and (6) any 
transaction by any United States person relating to 
transportation of cargo to, from, or through Sudan, or by 
Sudanese vessel or aircraft.
    We intend to license only those activities that serve U.S. 
interests. Transactions necessary to conduct the official 
business of the United States Government and the United Nations 
are exempted. This order and subsequent licenses will allow 
humanitarian, diplomatic, and journalistic activities to 
continue. Other activities may be considered for licensing on a 
case-by-case basis based on their merits. We will continue to 
permit regulated transfers of fees and stipends from the 
Government of Sudan to Sudanese students in the United States. 
Among the other activities we may consider licensing are those 
permitting American citizens resident in Sudan to make payments 
for their routine living expenses, including taxes and 
utilities; the importation of certain products unavailable from 
other sources, such as gum arabic; and products to ensure 
civilian aircraft safety.
    I have decided to impose comprehensive sanctions in 
response to the Sudanese government's continued provisions of 
sanctuary and support for terrorist groups, its sponsorship of 
regional insurgences that threaten neighboring governments 
friendly to the United States, its continued prosecution of a 
devastating civil war, and its abysmal human rights record that 
includes the denial of religious freedom and inadequate steps 
to eradicate slavery in the country.
    The behavior of the Sudanese government directly threatens 
stability in the region and poses a direct threat to the people 
and interests of the United States. Only a fundamental change 
in Sudan's policies will enhance the peace and security of 
people in the United States, Sudan, and around the world. My 
Administration will continue to work with the Congress to 
develop the most effective policies in this regard.
    The above-described measures, many of which reflect 
congressional concerns, will immediately demonstrate to the 
Sudanese government the seriousness of our concern with the 
situation in that country. It is particularly important to 
increase pressure on Sudan to engage seriously during the 
current round of negotiations taking place now in Nairobi. The 
sanctions will also deprive the Sudanese government of the 
material and financial benefits of conducting trade and 
financial transactions with the United States.
    The prohibitions set forth in this order shall be effective 
as of 12:01 a.m., eastern standard time, November 4, 1997, and 
shall be transmitted to the Congress and published in the 
Federal Register. The Executive order provides 30 days in which 
to complete trade transactions with Sudan covered by contracts 
that predate the order and the performance of preexisting 
financing agreements for those trade initiatives.
                                                William J. Clinton.

    The White House, November 3, 1997.


                            Executive Order

                              ----------                              


Blocking Sudanese Government Property and Prohibiting Transactions with 
                                 Sudan

    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 the policies and actions of the Government 
of Sudan, including continued support for international 
terrorism; ongoing efforts to destabilize neighboring 
governments; and the prevalence of human rights violations, 
including slavery and the denial of religious freedom, 
constitute an unusual and extraordinary threat to the national 
security and foreign policy 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) 
of IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, 
directives, or licenses that may be issued pursuant to this 
order, all property and interests in property of the Government 
of Sudan 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, including their 
overseas branches, are blocked.
    Sec. 2. The following are prohibited, except to the extent 
provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in 
regulations, orders, directives, or licenses that may be issued 
pursuant to this order:
    (a) the importation into the United States of any goods or 
services of Sudanese origin, other than information or 
informational materials;
    (b) the exportation or reexportation, directly or 
indirectly, to Sudan of any goods, technology (including 
technical data, software, or other information), or services 
from the United States or by a United States person, wherever 
located, or requiring the issuance of a license by a Federal 
agency, except for donations of articles intended to relieve 
human suffering, such as food, clothing, and medicine;
    (c) the facilitation by a United States person, including 
but not limited to brokering activities, of the exportation or 
reexportation of goods, technology, or services from Sudan to 
any destination, or to Sudan from any location;
    (d) the performance by any United States person of any 
contract, including a financing contract, in support of an 
industrial, commercial, public utility, or governmental project 
in Sudan;
    (e) the grant or extension of credits or loans by any 
United States person to the Government of Sudan;
    (f) any transaction by a United States person relating to 
transportation of cargo to or from Sudan; the provision of 
transportation of cargo to or from Sudan; the provision of 
transportation of cargo to or from the United States by any 
Sudanese person or any vessel or aircraft of Sudanese 
registration; or the sale in the United States by any person 
holding authority under subtitle 7 of title 49, United States 
Code, of any transportation of cargo by air that includes any 
stop in Sudan; and
    (g) 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.
    Sec. 3. Nothing in this order shall prohibit:
    (a) transactions for the conduct of the official business 
of the Federal Government or the United Nations by employees 
thereof; or
    (b) transactions in Sudan for journalistic activity by 
persons regularly employed in such capacity by a news-gathering 
organization.
    Sec. 4. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, or other organization;
    (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 ``Government of Sudan'' includes the 
Government of Sudan, its agencies, instrumentalities and 
controlled entities, and the Central Bank of Sudan.
    Sec. 5. The Secretary of the Treasury, in consultation with 
the Secretary of State and, as appropriate, other agencies, 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 of 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.
    Sec. 6. 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. 7. (a) This order shall take effect at 12:01 a.m. 
eastern standard time on November 4, 1997, except that trade 
transactions under contracts in force as of the effective date 
of this order may be performed pursuant to their terms through 
12:01 a.m. eastern standard time on December 4, 1997, and 
letters of credit and other financing agreements for such 
underlying trade transactions may be performed pursuant to 
their terms.
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.
                                                William J. Clinton.
    The White House, November 3, 1997.

                                
