[House Document 105-233]
[From the U.S. Government Publishing Office]
105th Congress, 2d Session - - - - - - - - - - - House Document 105-233
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DEVELOPMENTS CONCERNING NATIONAL EMERGENCY WITH RESPECT TO ANGOLA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT
TO ANGOLA THAT WAS DECLARED IN EXECUTIVE ORDER NO. 12865 OF SEPTEMBER
26, 1993, PURSUANT TO 50 U.S.C. 1703(c)
March 23, 1998.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
I hereby report to the Congress on the developments since
my last report of September 24, 1997, concerning the national
emergency with respect to Angola that was declared in Executive
Order 12865 of September 26, 1993. This report is submitted
pursuant to section 401(c) of the National Emergencies Act, 50
U.S.C. 1641(c), and section 204(c) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(c).
On September 26, 1993, I declared a national emergency with
respect to the National Union for the Total Independence of
Angola (``UNITA''), invoking the authority, inter alia, of the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) and the United Nations Participation Act of 1945 (22
U.S.C. 287c). Consistent with United Nations Security Council
Resolution (``UNSCR'') 864, dated September 15, 1993, the order
prohibited the sale or supply by United States persons or from
the United States, or using U.S.-registered vessels or
aircraft, of arms and related materiel of all types, including
weapons and ammunition, military vehicles, equipment and spare
parts, and petroleum and petroleum products to the territory of
Angola other than through designated points of entry. The order
also prohibited such sale or supply to UNITA. United States
persons are prohibited from activities that promote or are
calculated to promote such sales or supplies, or from attempted
violations, or from evasion or avoidance or transactions that
have the purpose of evasion or avoidance, of the stated
prohibitions. The order authorized the Secretary of the
Treasury, in consultation with the Secretary of State, to take
such actions, including the promulgation of rules and
regulations, as might be necessary to carry out the purposes of
the order.
1. On December 10, 1993, the Department of the Treasury's
Office of Foreign Assets Control (OFAC) issued the UNITA
(Angola) Sanctions Regulations (the ``Regulations'') (58 Fed.
Reg. 64904) to implement the imposition of sanctions against
UNITA.The Regulations prohibit the sale or supply by United
States persons or from the United States, or using U.S.-registered
vessels or aircraft, of arms and related materiel of all types,
including weapons and ammunition, military vehicles, equipment and
spare parts, and petroleum and petroleum products to UNITA or to the
territory of Angola other than through designated points. United States
persons are also prohibited from activities that promote or are
calculated to promote such sales or supplies to UNITA or Angola, or
from any transaction by any United States persons that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in the Executive order. Also
prohibited are transactions by United States persons, or involving the
use of U.S.-registered vessels or aircraft, relating to transportation
to Angola or UNITA of goods the exportation of which is prohibited.
The Government of Angola has designated the following
points of entry as points in Angola to which the articles
otherwise prohibited by the Regulations may be shipped:
Airports: Luanda and Katumbela, Benguela Province; Ports:
Luanda and Lobito, Benguela Province; and Namibe, Namibe
Province; and Entry Points: Malongo, Cabinda Province. Although
no specific license is required by the Department of the
Treasury for shipments to these designated points of entry
(unless the item is destined for UNITA), any such exports
remain subject to the licensing requirements of the Departments
of State and/or Commerce.
2. On August 28, 1997, the United Nations Security Council
adopted UNSCR 1127, expressing its grave concern at the serious
difficulties in the peace process, demanding that the
Government of Angola and in particular UNITA comply fully and
completely with those obligations, and imposing additional
sanctions against UNITA. Subsequently, the Security Council
adopted UNSCR 1130 postponing the effective date of measures
specified by UNSCR 1127 until 12:01 a.m., eastern standard
time, October 30, 1997, at which time they went into effect.
On December 12, 1997, I issued Executive Order 13069 to
implement in the United States the provisions of UNSCRs 1127
and 1130 (62 Fed. Reg. 65989, December 16, 1997). Executive
Order 13069 prohibits (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;
(ii) to the territory of Angola other than through a specified
point of entry; (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 the flight, is destined to land in or has taken
off from a place in the territory of Angola other than a
specified point of entry; (d) the provision or making available
by United States persons or from the United States 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 by the
Secretary of the Treasury, in consultation with the Secretary
of State, and other appropriate agencies; (ii) any aircraft
that entered the territory of Angola other than through a
specified point of entry; (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.
Specific licenses may be issued on a case-by-case basis
authorizing, as appropriate, medical emergency flights or
flights of aircraft carrying food, medicine, or supplies for
essential humanitarian needs. Executive Order 13069 became
effective at 12:01 a.m., eastern standard time, December 15,
1997.
There have been no amendments to the Regulations since my
report of September 24, 1997.
3. On December 31, 1997, OFAC issued an order to the Center
for Democracy in Angola (``CEDA'' or ``CDA'') to immediately
close its offices in the United States as required by Executive
Order 13069. The CEDA responded that it had closed its only
U.S. office, located in Washington, D.C., in compliance with
Executive Order 13069.
The OFAC has worked closely with the U.S. financial and
exporting communities to assure a heightened awareness of the
sanctions against UNITA--through the dissemination of
publications, seminars, and a variety of media, including via
the Internet, Fax-on-Demand, special fliers, and computer
bulletin board information initiated by OFAC and posted through
the U.S. Department of Commerce and the U.S. Government
Printing Office. There have been no license applications under
the program since my last report.
4. The expenses incurred by the Federal Government in the
6-month period from September 26, 1997, through March 25, 1998,
that are directly attributable to the exercise of powers and
authorities conferred by the declaration of a national
emergency with respect to UNITA are about $80,000, most of
which represent wage and salary costs for Federal personnel.
Personnel costs were largely centered in the Department of the
Treasury (particularly in the Office of Foreign Assets Control,
the U.S. Customs Service, the Office of the Under Secretary for
Enforcement, and the Office of the General Counsel) and the
Department of State (particularly the Office of Southern
African Affairs).
I will continue to report periodically to the Congress on
significant developments, pursuant to 50 U.S.C. 1703(c).
William J. Clinton.
The White House, March 23, 1998.