[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.

                                
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