[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
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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.