[House Document 105-300]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session - - - - - - - - - - - House Document 105-300


 
    DEVELOPMENTS CONCERNING NATIONAL EMERGENCY WITH RESPECT TO IRAQ

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A REPORT ON DEVELOPMENTS SINCE HIS LAST REPORT OF FEBRUARY 3, 1998, 
    CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO IRAQ THAT WAS 
DECLARED IN EXECUTIVE ORDER NO. 12722 OF AUGUST 2, 1990, PURSUANT TO 50 
                             U.S.C. 1703(c)





    September 9, 1998.--Referred to the Committee on International 
                  Relations and ordered to be printed


                                           The White House,
                                       Washington, August 13, 1998.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby report to the Congress on the 
developments since my last report of February 3, 1998, 
concerning the national emergency with respect to Iraq that was 
declared in Executive Order 12722 of August 2, 1990. 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 (IEEPA), 50 U.S.C. 
1703(c).
    Executive Order 12722 ordered the immediate blocking of all 
property and interests in property of the Government of Iraq 
(including the Central Bank of Iraq) then or thereafter located 
in the United States or within the possession or control of a 
United States person. That order also prohibited the 
importation into the United States of goods and services of 
Iraqi origin, as well as the exportation of goods, services, 
and technology from the United States to Iraq. The order 
prohibited travel-related transactions to or from Iraq and the 
performance of any contract in support of any industrial, 
commercial, or government project in Iraq. United States 
persons were also prohibited from granting or extending credit 
or loans to the Government of Iraq.
    The foregoing prohibitions (as well as the blocking of 
Government of Iraq property) were continued and augmented on 
August 9, 1990, by Executive Order 12724, which was issued in 
order to align the sanctions imposed by the United States with 
United Nations Security Council Resolution (UNSCR) 661 of 
August 6, 1990.
    This report discusses only matters concerning the national 
emergency with respect to Iraq that was declared in Executive 
Order 12722 and matters relating to Executive Orders 12724 and 
12817 (the ``Executive Orders''). The report covers events from 
February 2 through August 1, 1998.
    1. In April 1995, the U.N. Security Council adopted UNSCR 
986 authorizing Iraq to export up to $1 billion in petroleum 
and petroleum products every 90 days for a total of 180 days 
under U.N. supervision in order to finance the purchase of 
food, medicine, and other humanitarian supplies. UNSCR 986 
includes arrangements to ensure equitable distribution of 
humanitarian goods purchased with UNSCR 986 oil revenues to all 
the people of Iraq. The resolution also provides for the 
payment of compensation to victims of Iraqi aggression and for 
the funding of other U.N. activities with respect to Iraq. On 
May 20, 1996, a memorandum of understanding was concluded 
between the Secretariat of the United Nations and the 
Government of Iraq agreeing on terms for implementing UNSCR 
986. On August 8, 1996, the UNSC committee established pursuant 
to UNSCR 661 (``the 661 Committee'') adopted procedures to be 
employed in implementation of UNSCR 986. On December 9, 1996, 
the President of the Security Council received the report 
prepared by the Secretary General as requested by paragraph 13 
of UNSCR 986, making UNSCR 986 effective as of 12:01 a.m. 
December 10, 1996.
    On June 4, 1997, the U.N. Security Council adopted UNSCR 
1111, renewing for another 180 days the authorization for Iraqi 
petroleum sales and purchases of humanitarian aid contained in 
UNSCR 986 of April 14, 1995. The Resolution became effective on 
June 8, 1997. On September 12, 1997, the Security Council, 
noting Iraq's decision not to export petroleum and petroleum 
products pursuant to UNSCR 1111 during the period June 8 to 
August 13, 1997, and deeply concerned about the resulting 
humanitarian consequences for the Iraqi people, adopted UNSCR 
1129. This resolution replaced the two 90-day quotas with one 
120-day quota and one 60-day quota in order to enable Iraq to 
export its full $2 billion quota of oil within the original 180 
days of UNSCR 1111. On December 4, 1997, the U.N. Security 
Council adopted UNSCR 1143, renewing for another 180 days, 
beginning December 5, 1997, the authorization for Iraqi 
petroleum sales and humanitarian aid purchases contained in 
UNSCR 986.
    On February 20, 1998, the U.N. Security Council adopted 
UNSCR 1153, authorizing the sale of Iraqi petroleum and 
petroleum products and the purchase of humanitarian aid for a 
180-day period beginning with the date of notification by the 
President of the Security Council to the members thereof of 
receipt of the report requested in UNSCR 1153. UNSCR 1153 
authorized the sale of $5.256 billion worth of Iraqi petroleum 
and petroleum products. On March 25, 1998, the Security 
Council, noting the shortfall in revenue from Iraqi's sale of 
petroleum and petroleum products during the first 90-day period 
of implementation of UNSCR 1143, due to the delayed 
resumptionin sales and a serious decrease in prices, and concerned 
about the resulting humanitarian consequences for the Iraqi people, 
adopted UNSCR 1158. This Resolution reaffirmed the authorization for 
Iraqi petroleum sales and purchases of humanitarian aid contained in 
UNSCR 1143 for the remainder of the second 90-day period and set the 
authorized value during that time frame to $1.4 billion pending 
implementation of UNSCR 1153. The 180-day period authorized in UNSCR 
1153 began on May 30, 1998. On June 19, 1998, the Security Council 
adopted UNSCR 1175, authorizing the expenditure of up to $300 million 
on Iraqi oil infrastructure repairs in order to help Iraq reach the 
higher export ceiling permitted under UNSCR 1153. UNSCR 1175 also 
reaffirmed the Security Council's endorsement of the Secretary 
General's recommendation that the ``oil-for-food'' distribution plan be 
ongoing and project-based. During the period covered by this report, 
imports into the United States under the program totaled about 14.2 
million barrels, bringing total imports since December 10, 1996, to 
approximately 51.5 million barrels.
    2. There have been no amendments to the Iraqi Sanctions 
Regulations, 31 C.F.R. Part 575 (the ``ISR'' or the 
``Regulations'') administered by the Office of Foreign Assets 
Control (OFAC) of the Department of the Treasury during the 
reporting period.
    As previously reported, the Regulations were amended on 
December 10, 1996, to provide a statement of licensing policy 
regarding specific licensing of United States persons seeking 
to purchase Iraqi-origin petroleum and petroleum products from 
Iraq (61 Fed. Reg. 65312, December 11, 1996). Statements of 
licensing policy were also provided regarding sales of 
essential parts and equipment for the Kirkuk-Yumurtalik 
pipeline system, and sales of humanitarian goods to Iraq, 
pursuant to United Nations approval. A general license was also 
added to authorize dealings in Iraqi-origin petroleum and 
petroleum products that have been exported from Iraq with 
United Nations and United States Government approval.
    All executory contracts must contain terms requiring that 
all proceeds of oil purchases from the Government of Iraq, 
including the State Oil Marketing Organization, must be placed 
in the U.N. escrow account at Banque Nationale de Paris, New 
York (the ``986 escrow account''), and all Iraqi payments for 
authorized sales of pipeline parts and equipment, humanitarian 
goods, and incidental transaction costs borne by Iraq will, 
upon approval by the 661 Committee and satisfaction of other 
conditions established by the United Nations, be paid or 
payable out of the 986 escrow account.
    3. Investigations of possible violations of the Iraqi 
sanctions continue to be pursued and appropriate enforcement 
actions taken. Several cases from prior reporting periods are 
continuing, and recent additional allegations have been 
referred by OFAC to the U.S. Customs Service for investigation.
    Investigation also continues into the roles played by 
various individuals and firms outside Iraq in the Iraqi 
government procurement network. These investigations may lead 
to additions to OFAC's listing of individuals and organizations 
determined to be Specially Designated Nationals (SDNs) of the 
Government of Iraq.
    Since my last report, OFAC has collected two civil monetary 
penalties totaling $9,000 from one company and one individual 
for violations of IEEPA and ISR prohibitions against 
transactions with Iraq.
    4. The Office of Foreign Assets Control has issued hundreds 
of licensing determinations regarding transactions pertaining 
to Iraq or Iraqi assets since August 1990. Specific licenses 
have been issued for transactions such as the filing of legal 
actions against Iraqi governmental entities, legal 
representation of Iraq, and the exportation to Iraq of donated 
medicine, medical supplies, and food intended for humanitarian 
relief purposes, sales of humanitarian supplies to Iraq under 
UNSCRs 986, 1111, 1143, and 1153, diplomatic transactions, the 
execution of powers of attorney relating to the administration 
of personal assets and decendents' estates in Iraq, and the 
protection of preexisting intellectual property rights in Iraq. 
Since my last report, 75 specific licenses have been issued, 
most with respect to sales of humanitarian goods.
    Since December 10, 1996, OFAC has issued specific licenses 
authorizing commercial sales of humanitarian goods funded by 
Iraqi oil sales pursuant to UNSCRs 986, 1111, 1143, and 1153 
valued at more than $324 million. Of that amount, approximately 
$298 million represents sales of basic foodstuffs, $14 million 
for medicines and medical supplies, $9.2 million for water 
testing and treatment equipment, and nearly $3 million to fund 
a variety of United Nations activities in Iraq. International 
humanitarian relief in Iraq is coordinated under the direction 
of the United Nations Office of the Humanitarian Coordinator of 
Iraq. Assisting U.N. agencies include the World Food Program, 
the U.N. Population Fund, the U.N. Food and Agriculture 
Organization, the World Health Organization, and UNICEF. As of 
June 29, 1998, OFAC had authorized sales valued at more than 
$85 million worth of humanitarian goods during the current 
reporting period.
    5. The expenses incurred by the Federal Government in the 
6-month period from February 2 through August 1, 1998, that are 
directly attributable to the exercise of powers and authorities 
conferred by the declaration of a national emergency with 
respect to Iraq, are reported to be about $1.1 million, most of 
which represents 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 Bureau of Economic and 
Business Affairs, the Bureau of Near Eastern Affairs, the 
Bureau of International Organization Affairs, the Bureau of 
Political-Military Affairs, the Bureau of Intelligence and 
Research, the U.S. Mission to the United Nations, and the 
Office of the Legal Adviser), and the Department of 
Transportation (particularly the U.S. Coast Guard).
    6. The United States imposed economic sanctions on Iraq in 
response to Iraq's illegal invasion and occupation of Kuwait, a 
clear act of brutal aggression. The United States, together 
with the international community, is maintaining economic 
sanctions against Iraq because the Iraqi regime has failed to 
comply fully with relevant United Nations Security Council 
resolutions. Iraqi compliance with these resolutions is 
necessary before the United States will consider lifting 
economic sanctions. Security Council resolutions on Iraq call 
for the elimination of Iraqi weapons of mass destruction, Iraqi 
recognition of Kuwait and the inviolability of the Iraq-Kuwait 
boundary, the release of Kuwaiti and other third-country 
nationals, compensation for victims of Iraqi aggression, long-
term monitoring of weapons of mass destruction capabilities, 
the return of Kuwaiti assets stolen during Iraq's illegal 
occupation of Kuwait, renunciation of terrorism, an end to 
internal Iraqi repression of its own civilian population, and 
the facilitation of access by international relief 
organizations of all those in need in all parts of Iraq. Eight 
years after the invasion, a pattern of defiance persists: a 
refusal to account for missing Kuwaiti detainees; failure to 
return Kuwaiti property worth millions of dollars, including 
military equipment that was used by Iraq in its movement of 
troops to the Kuwaiti border in October 1994; sponsorship of 
assassinations in Lebanon and in northern Iraq; incomplete 
declarations to weapons inspectors and refusal to provide 
immediate, unconditional, and unrestricted access to sites by 
these inspectors; and ongoing widespread human rights 
violations. As a result, the U.N. sanctions remain in place; 
the United States will continue to enforce those sanctions 
under domestic authority.
    The Baghdad government continues to violate basic human 
rights of its own citizens through systematic repression of all 
forms of political expression, oppression of minorities, and 
denial of humanitarian assistance. The Government of Iraq has 
repeatedly said it will not comply with UNSCR 688 of April 5, 
1991. The Iraqi military routinely harasses residents of the 
north, and has attempted to ``Arabize'' the Kurdish, Turkomen, 
and Assyrian areas in the north. Iraq has not relented in its 
artillery attacks against civilian population centers in the 
south, or in its burning and draining operations in the 
southern marshes, which have forced thousands to flee to 
neighboring states.
    The policies and actions of the Saddam Hussein regime 
continue to pose an unusual and extraordinary threat to the 
national security and foreign policy of the United States, as 
well as to regional peace and security. The U.N. resolutions 
affirm that the Security Council be assured of Iraq's peaceful 
intentions in judging its compliance with sanctions. Because of 
Iraq's failure to comply fully with these resolutions, the 
United States will continue to apply economic sanctions to 
deter it from threatening peace and stability in the region.
            Sincerely,
                                                William J. Clinton.

                                
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