[House Document 105-259]
[From the U.S. Government Publishing Office]
105th Congress, 2d Session - - - - - - - - - - - - House Document 105-259
CONTINUATION OF NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION THAT THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO) AND THE BOSNIAN SERBS EMERGENCY IS TO CONTINUE BEYOND MAY
30, 1998, PURSUANT TO 50 U.S.C. 1622(d)
June 3, 1998.--Referred to the Committee on International Relations and
ordered to be printed
The White House,
Washington, May 28, 1998.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic
termination of a national emergency unless, prior to the
anniversary date of its declaration, the President publishes in
the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have
sent the enclosed notice to the Federal Register for
publication, stating that the emergency declared with respect
to the Federal Republic of Yugoslavia (Serbia and Montenegro),
as expanded to address the actions and policies of the Bosnian
Serb forces and the authorities in the territory that they
control within Bosnia and Herzegovina, is to continue in effect
beyond May 30, 1998.
On December 27, 1995, I issued Presidential Determination
No. 96-7, directing the Secretary of the Treasury, inter alia,
to suspend the application of sanctions imposed on the Federal
Republic of Yugoslavia (Serbia and Montenegro) and to continue
to block property previously blocked until provision is made to
address claims or encumbrances, including the claims of the
other successor states of the former Yugoslavia. This sanctions
relief, in conformity with United Nations Security Council
Resolution 1022 of November 22, 1995 (hereinafter the
``Resolution''), was an essential factor motivating Serbia and
Montenegro's acceptance of the General Framework Agreement for
Peace in Bosnia and Herzegovina initialed by the parties in
Dayton on November 21, 1995, and signed in Paris on December
14, 1995 (hereinafter the ``Peace Agreement''). The sanctions
imposed on the Federal Republic of Yugoslavia (Serbia and
Montenegro) were accordingly suspended prospectively, effective
January 16, 1996. Sanctions imposed on the Bosnian Serb forces
and authorities and on the territory that they control within
Bosnia and Herzegovina were subsequently suspended
prospectively, effective May 10, 1996, also in conformity with
the Peace Agreement and the Resolution.
Sanctions against both the Federal Republic of Yugoslavia
(Serbia and Montenegro) and the Bosnian Serbs were subsequently
terminated by United Nations Security Council Resolution 1074
of October 1, 1996. This termination, however, did not end the
requirement of the Resolution that blocked funds and assets
that are subject to claims and encumbrances remain blocked,
until unblocked in accordance with applicable law. In the past
year, further substantial progress has been achieved to bring
about a settlement of the conflict in the former Yugoslavia
acceptable to the parties. Additional elections occurred in
Bosnia and Herzegovina, as provided for in the Peace Agreement,
and the Bosnian Serb forces have continued to respect the zones
of separation as provided in the Peace Agreement. The ultimate
disposition of the various remaining categories of blocked
assets is being addressed on a case-by-case basis.
Until the status of all remaining blocked property is
resolved, the Peace Agreement implemented, and the terms of the
Resolution met, this situation continues to pose a continuing
unusual and extraordinary threat to the national security,
foreign policy interests, and the economy of the United States.
For these reasons, I have determined that it is necessary to
maintain in force these emergency authorities beyond May 30,
1998.
Sincerely,
William J. Clinton.
Notice
----------
Continuation of Emergency With Respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) and the Bosnian Serbs
On May 30, 1992, by Executive Order 12808, President Bush
declared a national emergency to deal with the unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States constituted by the actions and
policies of the Governments of Serbia and Montenegro, blocking
all property and interests in property of those Governments.
President Bush took additional measures to prohibit trade and
other transactions with the Federal Republic of Yugoslavia
(Serbia and Montenegro) by Executive Order 12810 and 12831,
issued on June 5, 1992, and January 15, 1993, respectively. On
April 25, 1993, I issued Executive Order 12846, blocking the
property and interests in property of all commercial,
industrial, or public utility undertakings or entities
organized or located in the Federal Republic of Yugoslavia
(Serbia and Montenegro), and prohibiting trade-related
transactions by United States persons involving those areas of
Bosnia and Herzegovina controlled by Bosnian Serb forces and
the United Nations Protected Areas in the Republic of Croatia.
On October 25, 1994, because of the actions and policies of the
Bosnian Serbs, I expanded the scope of the national emergency
by issuing Executive Order 12934 to block the property of the
Bosnian Serb forces and the authorities in the territory that
they control within Bonsia and Herzegovina, as well as the
property of any entity organized or located in, or controlled
by any person in, or resident in, those areas.
On December 27, 1995, I issued Presidential Determination
No. 96-7, directing the Secretary of the Treasury, inter alia,
to suspend the application of sanctions imposed on the Federal
Republic of Yugoslavia (Serbia and Montenegro) pursuant to the
above-referenced Executive orders and to continue to block
property previously blocked until provision is made to address
claims or encumbrances, including the claims of the other
successor states of the former Yugoslavia. This sanctions
relief, in conformity with the United Nations Security Council
Resolution 1022 of November 22, 1995 (hereinafter the
``Resolution''), was an essential factor motivating Serbia and
Montenegro's acceptance of the General Framework Agreement for
Peace in Bosnia and Herzegovina initialed by the parties in
Dayton on November 21, 1995, and signed in Paris on December
14, 1995 (hereinafter the ``Peace Agreement''). The sanctions
imposed on the Federal Republic of Yugoslavia (Serbia and
Montenegro) were accordingly suspended prospectively, effective
January 16, 1996. Sanctions imposed on the Bosnian Serb forces
and authorities and on the territory that they control within
Bosnia and Herzegovina were subsequently suspended
prospectively, effective May 10, 1996, also in conformity with
the Peace Agreement and the Resolution. Sanctions against both
the Federal Republic of Yugoslavia (Serbia and Montenegro) and
the Bosnian Serbs were subsequently terminated by United
Nations Security Council Resolution 1074 of October 1, 1996.
This termination, however, did not end the requirement of the
Resolution that blocked funds and assets that are subject to
claims and encumbrances remain blocked, until unblocked in
accordance with applicable law.
In the last year, further substantial progress has been
achieved to bring about a settlement of the conflict in the
former Yugoslavia acceptable to the parties. Another set of
elections occurred in Bosnia and Herzegovina, as provided for
in the Peace Agreement, and the Bosnian Serb forces have
continued to respect the zones of separation as provided in the
Peace Agreement. The ultimate disposition of the various
remaining categories of blocked assets is being addressed on a
case-by-case basis.
Until the status of all remaining blocked property is
resolved, the Peace Agreement implemented, and the terms of the
Resolution met, the national emergency declared on May 30,
1992, as expanded in scope on October 25, 1994, and the
measures adopted pursuant thereto to deal with that emergency
must continue beyond May 30, 1998.
Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing
the national emergency with respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) and the Bosnian Serb forces
and those areas of Bosnia and Herzegovina under the control of
the Bosnian Serb forces. This notice shall be published in the
Federal Register and transmitted to the Congress.
William J. Clinton.
The White House, May 28, 1998.