[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.

                                
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