[House Document 105-247]
[From the U.S. Government Publishing Office]
105th Congress, 2d Session - - - - - - - - - - - House Document 105-247
DEVELOPMENTS CONCERNING NATIONAL EMERGENCY WITH RESPECT TO SUDAN
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT
TO SUDAN THAT WAS DECLARED IN EXECUTIVE ORDER 13067 OF NOVEMBER 3,
1997, AND MATTERS RELATING TO THE MEASURES IN THAT ORDER, PURSUANT TO
50 U.S.C. 1641(c)
May 5, 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 developments concerning
the national emergency with respect to Sudan that was declared
in Executive Order 13067 of November 3, 1997, and matters
relating to the measures in that order. This report is
submitted pursuant to section 204(c) of the International
Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c), and
section 401(c) of the National Emergencies Act, 50 U.S.C.
1641(c). This report discusses only matters concerning the
national emergency with respect to Sudan that was declared in
Executive Order 13067.
1. On November 3, 1997, I issued Executive Order 13067 (62
Fed. Reg. 59989, November 5, 1997--the ``Order'') to declare a
national emergency with respect to Sudan pursuant to IEEPA.
Copies of the Order were provided to the Congress by message
dated November 3, 1997.
The Order blocks all property and interests in property of
the Government of Sudan, its agencies, instrumentalities, and
controlled entities, including the Central Bank of Sudan, that
are in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of United States persons, including their overseas
branches. The Order also prohibits (1) the importation into the
United States of any goods or services of Sudanese origin
except for information or informational materials; (2) the
exportation or reexportation of goods, technology, or services
to Sudan or the Government of Sudan except for information or
informational materials and donations of humanitarian aid; (3)
the facilitation by a United States person of the exportation
or reexportation of goods, technology, or services to or from
Sudan; (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)
transactions relating to the transportation of cargo. The Order
also provided a 30-day delayed effective date for the
completion of certain trade transactions.
2. Executive Order 13067 became effective at 12:01 a.m.,
eastern standard time on November 4, 1997. On December 2, 1997,
the Department of the Treasury's Office of Foreign Assets
Control (OFAC) issued General Notice No. 1, interpreting the
delayed effective date for pre-November 4, 1997, trade
contracts involving Sudan if the preexisting trade contract was
for (a) the exportation of goods, services, or technology from
the United States or a third country that was authorized under
applicable Federal regulations in force immediately prior to
November 4, 1997, or (b) the reexportation of goods or
technology that was authorized under applicable Federal
regulations in force immediately prior to November 4, 1997.
Such exports or reexports were authorized until 12:01 a.m.
eastern standard time, December 4, 1997, and nonfinancing
activity by United States persons incidental to the performance
of the pre-existing trade contract (such as the provision of
transportation or insurance) was authorized through 12:01 a.m.
eastern standard time, February 2, 1998. If the preexisting
trade contract was for the importation of goods or services of
Sudanese origin or other trade transactions relating to goods
or services of Sudanese origin or owned or controlled by the
Government of Sudan, importations under the preexisting trade
contract were authorized until 12:01 a.m. eastern standard
time, December 4, 1997.
3. Since the issuance of Executive Order 13067, OFAC has
made numerous decisions with respect to applications for
authorizations to engage is transactions under the
Sudanesesanctions. As of March 12, 1998, OFAC has issued 55
authorizations to nongovernmental organizations engaged in the delivery
of humanitarian aid and 77 licenses to others. OFAC has denied many
requests for licenses. The majority of denials were in response to
requests to authorize commercial exports to Sudan--particularly of
machinery and equipment for various industries--and the importation of
Sudanese-origin goods. The majority of licenses issued permitted the
unblocking of financial transactions for individual remitters who
routed their funds through blocked Sudanese banks. Other licenses
authorized the completion of diplomatic transfers, preefective date
trade transactions, and the performance of certain legal services.
4. At the time of signing Executive Order 13067, I directed
the Secretary of the Treasury to block all property and
interests in property of persons determined, in consultation
with the Secretary of State, to be owned or controlled by, or
to act for or on behalf of, the Government of Sudan. On
November 5, 1997, OFAC disseminated details of this program to
the financial, securities, and international trade communities
by both electronic and conventional media. This information
included the names of 62 entities owned or controlled by the
Government of Sudan. The list includes 12 financial
institutions and 50 other enterprises.
5. OFAC, in cooperation with the U.S. Customs Service, is
closely monitoring potential violations of the import
prohibitions of the Order by businesses and individuals.
Various reports of violations are being aggressively pursued.
6. The expenses incurred by the Federal Government in the
6-month period from November 3, 1997, through May 2, 1998, that
are directly attributable to the exercise of power and
authorities conferred by the declaration of a national
emergency with respect to Sudan are reported to be
approximately $425,000, 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), the Department of State (particularly
the Bureaus of Economic and Business Affairs, African Affairs,
Near Eastern Affairs, Consular Affairs, and the Office of the
Legal Adviser), and the Department of Commerce (the Bureau of
Export Administration and the General Counsel's Office).
7. The situation in Sudan continues to present an
extraordinary and unusual threat to the national security and
foreign policy of the United States. The declaration of the
national emergency with respect to Sudan contained in Executive
Order 13067 underscores the United States Government opposition
to the actions and policies of the Government of Sudan,
particularly its support of international terrorism and its
failure to respect basic human rights, including freedom of
religion. The prohibitions contained in Executive Order 13067
advance important objectives in promoting the antiterrorism and
human rights policies of the United States. I shall exercise
the powers at my disposal to deal with these problems and will
continue to report periodically to the Congress on significant
developments.
William J. Clinton.
The White House, May 5, 1998.