[House Document 105-301]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session - - - - - - - - - - - House Document 105-301


 
    DEVELOPMENTS CONCERNING NATIONAL EMERGENCY WITH RESPECT TO THE 
      NATIONAL UNION FOR THE TOTAL INDEPENDENCE OF ANGOLA (UNITA)

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A REPORT ON ADDITIONAL STEPS TAKEN WITH RESPECT TO THE ACTIONS AND 
  POLICIES OF THE NATIONAL UNION FOR THE TOTAL INDEPENDENCE OF ANGOLA 
                 (UNITA), 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 18, 1998.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to section 204(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b), 
I hereby report to the Congress that I have exercised my 
statutory authority to take additional steps with respect to 
the actions and policies of the National Union for the Total 
Independence of Angola (UNITA) and the national emergency 
declared in Executive Order 12865.
    The circumstances that led to the declaration on September 
26, 1993, of a national emergency have not been resolved. The 
actions and policies of UNITA continue to pose an unusual and 
extraordinary threat to the foreign policy of the United 
States. United Nations Security Council Resolution 864 (1993) 
imposed prohibitions against the sale of weapons, military 
materiel, and petroleum products to UNITA. United Nations 
Security Council Resolutions 1127 of August 28, 1997, and 1130 
of September 29, 1997, imposed additional sanctions against 
UNITA due to the serious difficulties in the Angolan peace 
process resulting from delays by UNITA in the implementation of 
its essential obligations as established by the Lusaka Peace 
Protocol of November 20, 1994.
    Recently, the United Nations Security Council acted to 
impose additional sanctions in response to UNITA's failure to 
comply with its obligations under the Lusaka Peace Protocol, 
which has jeopardized the return of peace to Angola. United 
Nations Security Council Resolutions 1173 of June 12, 1998, and 
1176 of June 24, 1998, responded in particular to UNITA's 
continued refusal to allow the Government of Angola to 
establish state administration over four towns that remain 
under UNITA's control. These resolutions demand UNITA's 
compliance with its obligations under the Lusaka Peace 
Protocol, including demilitarization of all its forces, and 
full cooperation in the process of allowing the Government of 
Angola to extend its authority throughout Angola.
    Accordingly, and pursuant to the requirements of United 
Nations Security Council Resolutions 1173 and 1176, I have 
exercised my statutory authority and issued an Executive order 
which: (1) blocks property and property interests (within the 
United States or within the possession or control of United 
States persons) of UNITA, and of designated senior officials of 
UNITA and adult members of their immediate families; (2) 
prohibits the importation into the United States of all 
diamonds exported from Angola that are not controlled by a 
Certificate of Origin regime of the Government of Angola; (3) 
prohibits the sale or supply to Angola from the United States 
or by United States persons, except through designated points 
of entry, of motorized vehicles, watercraft, and spare parts 
for the foregoing, and equipment used in mining, regardless of 
origin; and (4) prohibits the sale or supply to Angola from the 
United States or by United States persons of mining services or 
of ground or waterborne transportation services, regardless of 
origin, to persons in UNITA-held territory. The order also 
prohibits any transaction by a 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 the order.
    In furtherance of the goals of United Nations Security 
Council Resolutions 1173 and 1176, and of the foreign policy 
interests of the United States, the order makes explicit that 
exemptions from the prohibitions that it imposes may be 
authorized for medical and humanitarian purposes.
    The order defines UNITA to include: (1) the National Union 
for the Total Independence of Angola; (2) the Armed Forces for 
the Liberation of Angola (FALA); and (3) any person acting or 
purporting to act for or on behalf of the foregoing, including 
the Center for Democracy in Angola (CEDA).
    The measures taken in the order will immediately 
demonstrate to UNITA the seriousness of our concern over its 
delays in implementing the peace process. The blocking of 
UNITA's property and the other prohibitions imposed under this 
Executive order will further limit UNITA's capacity to pay for 
its military build-up and to undermine the peace process. It is 
particularly important for the United States and the 
international community to demonstrate to UNITA the necessity 
of completing the peace process in Angola.
    When UNITA fully complies with its obligations and 
completes its transition from an armed movement to an unarmed 
political party, the United States will support measures 
lifting these sanctions.
    I am enclosing a copy of the Executive order I have issued. 
The order is effective at 12:01 a.m., eastern daylight time on 
August 19, 1998.
            Sincerely,
                                                William J. Clinton.


                            Executive Order

                              ----------                              

 Blocking Property of UNITA and Prohibiting Certain Transactions With 
                            Respect to UNITA

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seq.), section 5 of the United Nations 
Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA), 
and section 301 of title 3, United States Code, in view of 
United Nations Security Council Resolutions 1173 of June 12, 
1998, and 1176 of June 24, 1998, and in order to take 
additional steps with respect to the actions and policies of 
the National Union for the Total Independence of Angola (UNITA) 
and the national emergency declared in Executive Order 12865, 
I, WILLIAM J. CLINTON, President of the United States of 
America, hereby order:
    Section 1. Except to the extent provided in regulations, 
orders, directives, or licenses issued pursuant to this order, 
and notwithstanding the existence of any rights or obligations 
conferred or imposed by any international agreement or any 
contract entered into or any license or permit granted prior to 
the effective date of this order, all property and interests in 
property 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, of UNITA, 
or of those senior officials of UNITA, or adult members of 
their immediate families, who are designated pursuant to 
section 5 of this order, are hereby blocked.
    Sec. 2. Except to the extent provided in regulations, 
orders, directives, or licenses issued pursuant to this order, 
and notwithstanding the existence of any rights or obligations 
conferred or imposed by any international agreement or any 
contract entered into or any license or permit granted prior to 
the effective date of this order, the following are prohibited:
    (a) the direct or indirect importation into the United 
States of all diamonds exported from Angola on or after the 
effective date of this order that are not controlled through 
the Certificate of Origin regime of the Angolan Government of 
Unity and National Reconciliation;
    (b) the sale of supply by United States persons or from the 
United States of using U.S.-registered vessels or aircraft, of 
equipment used in mining, regardless of origin, to the 
territory of Angola other than through a point of entry 
designated pursuant to section 5 of this order;
    (c) the sale or supply by United States persons or from the 
United States or using U.S.-registered vessels or aircraft, of 
motorized vehicles, watercraft, or spare parts for the 
foregoing, regardless of origin, to the territory of Angola 
other than through a point of entry designated pursuant to 
section 5 of this order; and
    (d) the sale or supply by United States persons or from the 
United States or using U.S.-registered vessels or aircraft, of 
mining services or ground or waterborne transportation 
services, regardless of origin, to persons in areas of Angola 
to which State administration has not been extended, as 
designated pursuant to section 5 of this order.
    Sec. 3. Any transaction by a 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 is prohibited.
    Sec. 4. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, or other organization;
    (c) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States (including foreign 
branches), or any person in the United States;
    (d) the term ``UNITA'' includes:
    (i) the Uniao Nacional para a Independencia Total de Angola 
(UNITA), known in English as the ``National Union for the Total 
Independence of Angola;''
    (ii) the Forcas Armadas para a Liberacao de Angola (FALA), 
known in English as the ``Armed Forces for the Liberation of 
Angola;'' and
    (iii) any person acting or purporting to act for or on 
behalf of any of the foregoing, including the Center for 
Democracy in Angola (CEDA);
    (e) the term ``controlled through the Certificate of Origin 
regime of the Angolan Government of Unity and National 
Reconciliation'' means accompanied by any documentation that 
demonstrates to the satisfaction of the United States Customs 
Service that the diamonds were legally exported from Angola 
with the approval of the Angolan Government of Unity and 
National Reconciliation.
    Sec. 5. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to take such 
actions, including designating senior officials of UNITA and 
adult members of their immediate families for purposes of 
section 1 of this order, designating points of entry in Angola 
and areas of Angola to which State administration has not been 
extended for purposes of section 2 of this order, establishing 
exemptions from the prohibitions set forth in this order for 
medical and humanitarian purposes, and promulgating rules and 
regulations, and to employ all powers granted to the President 
by IEEPA and UNPA, as may be necessary to carry out the 
purposes of this order. The Secretary of the Treasury may 
redelegate any of these functions to other officers and 
agencies of the United States Government. All agencies of the 
United States Government are hereby directed to take all 
appropriate measures within their authority to carry out the 
provisions of this order, including suspension or termination 
of licenses or other authorizations in effect as of the 
effective date of this order.
    Sec. 6. Nothing contained in this order shall create any 
right or benefit, substantive or procedural, enforceable by any 
party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other 
person.
    Sec. 7. (a) This order is effective at 12:01 a.m., eastern 
daylight time on August 19, 1998.
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.
                                                William J. Clinton.
    The White House, August 18, 1998.

                                
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