[House Document 105-189]
[From the U.S. Government Publishing Office]




105th Congress, 2d Session - - - - - - - - - - - House Document 105-189


 
 DEVELOPMENTS CONCERNING NATIONAL EMERGENCY WITH NATIONAL UNION FOR THE 
                     TOTAL INDEPENDENCE OF ANGOLA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A REPORT ON ACTIONS AND POLICIES OF THE NATIONAL UNION FOR THE TOTAL 
 INDEPENDENCE OF ANGOLA (UNITA) AND THE NATIONAL EMERGENCY DECLARED IN 
          EXECUTIVE ORDER 12865, PURSUANT TO 50 U.S.C. 1703(c)




February 3, 1998.--Referred to the Committee on International Relations 
                       and ordered to be printed
                                           The White House,
                                     Washington, December 12, 1997.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: 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 take additional steps with respect to 
the actions and policies of the National Union for the Total 
Independence of Angola (UNITA) and the national emergency 
declared in Executive Order 12865.
    The circumstances that led to the declaration on September 
26, 1993, of a national emergency have not been resolved. The 
actions and policies of UNITA pose a continuing unusual and 
extraordinary threat to the foreign policy of the United 
States. United Nations Security Council Resolution 864 (1993) 
imposed prohibitions against the sale of weapons, military 
materiel, and petroleum products to UNITA. United Nations 
Security Council Resolution 1127 of August 28, 1997, and 1130 
of September 29, 1997, determined that all Member States shall 
impose additional sanctions against UNITA due to the serious 
difficulties in the Angolan peace process resulting from delays 
by UNITA in the implementation of its essential obligations as 
established by the Lusaka Peace Protocol of November 20, 1994.
    Accordingly, and pursuant to the requirements of United 
Nations Security Council Resolution 1127, I have issued an 
Executive order which: (1) orders the closure of all UNITA 
offices in the United States, and (2) prohibits: (a) the sale 
or supply in any form, by United States persons or from the 
United States or using U.S. registered aircraft, or any 
aircraft or aircraft components to UNITA, or to any location 
within Angola other than those specified by the Secretary of 
the Treasury in consultation with the Secretary of State; (b) 
the insurance, engineering or servicing by United States 
persons or from the United States of any aircraft owned or 
controlled by UNITA; (c) the granting of permission to any 
aircraft to take off from, land in, or overfly the United 
States if it is destined to land in or has taken off from any 
location in Angola not specified by the Secretary of the 
Treasury in consultation with the Secretary of State; and (d) 
the provision by United States persons or from United States of 
engineering and maintenance servicing, the certification of 
airworthiness, the payment of new claims against existing 
insurance contracts, or the provision or renewal of insurance 
to any aircraft registered in Angola not specified by the 
Secretary of the Treasury in consultation with the Secretary of 
State or to any aircraft that entered Angola through any 
location not specified by the Secretary of the Treasury in 
consultation with the Secretary of State.
    In furtherance of the goals of United Nations Security 
Council Resolution 1127 and of the foreign policy interests of 
the United States, the authorization of exemptions for flights 
responding to medical emergencies or for essential humanitarian 
and peace process mediation needs is implicit in this order.
    Under the terms of this order, UNITA, includes: (1) the 
National Union for the Total Independence of Angola; (2) the 
Armed Forces for the Liberation of Angola (FALA); and (3) any 
person acting or purporting to act for or on behalf of the 
foregoing, including the Center for Democracy in Angola (CEDA).
    The United Nations Security Council acted to impose these 
additional sanctions in response to the actions and policies of 
UNITA in failing to comply with its obligations under the 
Lusaka Peace Protocol and thereby jeopardizing the return of 
peace to Angola. The United Nations Security Council 
resolutions demand UNITA's compliance with those obligations, 
including demilitarization of all its forces, transformation of 
its radio station into a nonpartisan broadcasting facility, and 
full cooperation in the process of normalization of government 
authority throughout Angola.
    The above measures will immediately demonstrate to UNITA 
the seriousness of our concern over its delay to the peace 
process. It is particularly important for the United States and 
the international community to demonstrate to UNITA the 
necessity of completing the peace process in Angola. The flight 
restrictions will further limit UNITA's capacity to import 
weapons and military materiel in violation of United Nations 
Security Council Resolution 864 (1993).
    When UNITA fully complies with its obligations and 
completes its transition from armed movement to unarmed 
political party, the United States will support measures 
lifting these sanctions.
            Sincerely,
                                             William J. Clintion.  
                            Executive Order

                              ----------                              


         Prohibiting Certain Transactions With Respect to UNITA

    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.), section 5 of the United National 
Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA), 
and section 301 of title 3, United States Code, in view of 
United Nations Security Council Resolution 1127 of August 28, 
1997, and 1130 of September 29, 1997, and in order to take 
additional steps with respect to the actions and policies of 
the National Union for the Total Independence of Angola (UNITA) 
and the national emergency declared in Executed Order 12865, I, 
WILLIAM J. CLINTON, President of the United States of America, 
hereby order:
    Section 1. Except to the extent provided in regulations, 
orders, directives, or licenses issued pursuant to this order, 
and notwithstanding the existence of any rights or obligations 
conferred or imposed by an international agreement or any 
contract entered into or any license or permit granted prior to 
the effective date of this order, all UNITA offices located in 
the United States shall be immediately and completely closed.
    Sec. 2. Except to the extent provided in regulations, 
orders, directives, or licenses issued pursuant to this order, 
and notwithstanding the existence of any rights or obligations 
conferred or imposed by an international agreement or any 
contract entered into or any license or permit granted prior to 
the effective date of this order, the following are prohibited:
    (a) the sale, supply, or making available in any form, by 
United States persons or from the United States or using U.S.-
registered vessels or aircraft, of any aircraft or aircraft 
components, regardless of origin:
    (i) to UNITA; or
    (ii) to the territory of Angola other than through a point 
of entry specified pursuant to section 4 of this order;
    (b) the insurance, engineering, or servicing by United 
States persons or from the United States of any aircraft owned 
or controlled by UNITA;
    (c) the granting of permission to any aircraft to take off 
from, land in, or overfly the United States if the aircraft, as 
part of the same flight or as a continuation of that flight, is 
destined to land in or has taken off from a place in the 
territory of Angola other than one specified pursuant to 
section 4 of this order;
    (d) the provision or making available by United States 
persons or from the United State of engineering and maintenance 
servicing, the certification of airworthiness, the payment of 
new claims against existing insurance contracts, or the 
provision, renewal, or making available of direct insurance 
with respect to:
    (i) any aircraft registered in Angola other than those 
specified pursuant to section 4 of this order; or
    (ii) any aircraft that entered the territory of Angola 
other than through a point of entry specified pursuant to 
section 4 of this order;
    (e) 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. 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;
    (d) the term ``UNITA'' includes:
    (i) the Uniao Nacional para a Independencia Total de Angola 
(UNITA), known in English as the ``National Union for the Total 
Independence of Angola;''
    (ii) the Forcas Armadas para a Liberacao de Angola (FALA), 
known in English as the ``Armed Forces for the Liberation of 
Angola;'' and
    (iii) any person acting or purporting to act for or on 
behalf of any of the foregoing, including the Center for 
Democracy in Angola (CEDA).
    Sec. 4. 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 
specification of places, points of entry, and aircraft 
registered in Angola for purposes of section 2(a), (c), and (d) 
of this order, the authorization in appropriate cases of 
medical emergency flights or flights of aircraft carrying food, 
medicine, or supplies for essential humanitarian needs, and the 
promulgation of rules and regulations, and to employ all powers 
granted to the President by IEEPA and UNPA 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, including suspension or 
termination of licenses or other authorizations in effect as of 
the effective date of this order.
    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 December 15, 1997.
    (b) This order shall be transmitted to the Congress and 
published in the Fedeal Register.

                                                William J. Clinton.
    The White House, December 12, 1997.

                                
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