[House Document 105-337]
[From the U.S. Government Publishing Office]




105th Congress, 2d Session - - - - - - - - - - - House Document 105-337


 
         DEVELOPMENTS CONCERNING NATIONAL EMERGENCY WITH ANGOLA        

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT 
 TO ANGOLA THAT WAS DECLARED IN EXECUTIVE ORDER 12865 OF SEPTEMBER 26, 
                  1993, PURSUANT TO 50 U.S.C. 1703(c)




    December 17, 1998.--Referred to the Committee on International 
                  Relations and ordered to be printed

                               --------

                    U.S. GOVERNMENT PRINTING OFFICE                    
69-011                     WASHINGTON : 1998



                                           The White House,
                                  Washington, DC, October 23, 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 March 23, 1998, concerning 
the national emergency with respect to Angola that was declared 
in Executive Order 12865 of September 26, 1993. 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, 50 U.S.C. 1703(c).
    On September 26, 1993, I declared a national emergency with 
respect to the National Union for the Total Independence of 
Angola (``UNITA''), invoking the authority, inter alia, of the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.) and the United Nations Participation Act of 1945 (22 
U.S.C. 287c). Consistent with United Nations Security Council 
Resolution (``UNSCR'') 864, dated September 15, 1993, the order 
prohibited the sale or supply by United States persons or from 
the United States, or using U.S-registered vessels or aircraft, 
of arms and related materiel of all types, including weapons 
and ammunition, military vehicles, equipment and spare parts, 
and petroleum and petroleum products to the territory of Angola 
other than through designated points of entry. The order also 
prohibited such sale or supply to UNITA. United States persons 
are prohibited from activities which promote or are calculated 
to promote such sales or supplies, or from attempted 
violations, or from evasion or avoidance, or transactions that 
have the purpose of evasion or avoidance, of the stated 
prohibitions. The order authorized the Secretary of the 
Treasury, in consultation with the Secretary of State, to take 
such actions, including the promulgation of rules and 
regulations, as might be necessary to carry out the purposes of 
the order.
    1. On December 10, 1993, the Department of the Treasury's 
Office of Foreign Assets Control (OFAC) issued the UNITA 
(Angola) Sanctions Regulations (the ``Regulations'') (58 Fed. 
Reg. 64904) to implement the imposition of sanctions against 
UNITA. The Regulations prohibit the sale or supply by United 
States persons or from the United States, or using U.S.-
registered vessels or aircraft, of arms and related materiel of 
all types, including weapons and ammunition, military vehicles, 
equipment and spare parts, and petroleum and petroleum products 
to UNITA or to the territory of Angola other than through 
designated points. United States persons are also prohibited 
from activities which promote or are calculated to promote such 
sales or supplies to UNITA or Angola, or from any transaction 
by any United States persons that evades or avoids, or has the 
purpose or evading or avoiding, or attempts to violate, any of 
the prohibitions set forth in the Executive order. Also 
prohibited are transactions by United States persons, or 
involving the use of U.S.-registered vessels or aircraft, 
relating to transportation to Angola or UNITA of goods the 
exportation of which is prohibited.
    The Government of Angola has designated the following 
points of entry as points in Angola to which the articles 
otherwise prohibited by the Regulations may be shipped: 
Airports: Luanda and Katumbela, Benguela Province; Ports: 
Luanda and Lobito, Benguela Province; and Namibe, Namibe 
Province; and Entry Points: Malongo, Cabinda Province. Although 
no specific license is required by the Department of the 
Treasury for shipments to these designated points of entry 
(unless the item is destined for UNITA), any such exports 
remain subject to the licensing requirements of the Departments 
of State and/or Commence.
    2. On August 28, 1997, the United Nations Security Council 
adopted UNSCR 1127, expressing its grave concern at the serious 
difficulties in the peace process, demanding that the 
Government of Angola and in particular UNITA comply fully and 
completely with those obligations, and imposing additional 
sanctions against UNITA. Subsequently, the Security Council 
adopted UNSCR 1130 postponing the effective date of measures 
specified by UNSCR 1127 until 12:01 a.m., eastern standard time 
on October 30, 1997, at which time they went into effect.
    On December 12, 1997, I issued Executive Order 13069 to 
implement in the United States the provisions of UNSCRs 1127 
and 1130 (62 Fed. Reg. 65989, December 16, 1997). Executive 
Order 13069 prohibits (a) the sale, supply, or making available 
in any form, by United States persons or from the United States 
or using U.S.-registered vessels or aircraft, of any aircraft 
or aircraft components, regardless of origin, (i) to UNITA, or 
(ii) to the territory of Angola other than through a specified 
point of entry; (b) the insurance, engineering, or servicing by 
United States persons or from the United States of any aircraft 
owned or controlled by UNITA; (c) the granting of permission to 
any aircraft to take off from, land in, or overfly the United 
States if the aircraft, as part of the same flight oras a 
continuation of that flight, is destined to land in or has taken off 
from a place in the territory of Angola other than a specified point of 
entry; (d) the provision or making available by United States persons 
or from the United States of engineering and maintenance servicing, the 
certification of airworthiness, the payment of new claims against 
existing insurance contracts, or the provision, renewal, or making 
available of direct insurance with respect to (i) any aircraft 
registered in Angola other than those specified by the Secretary of the 
Treasury, in consultation with the Secretary of State, and other 
appropriate agencies; (ii) any aircraft that entered the territory of 
Angola other than through a specified point of entry; (e) any 
transaction by any 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. 
Executive Order 13069 became effective at 12:01 a.m., eastern standard 
time on December 15, 1997.
    On June 12, 1998, the United Nations Security Council 
adopted UNSCR 1173, expressing its grave concern at the 
critical situation in the peace process and the failure of 
UNITA to implement its obligations under the Lusaka Protocol, 
and imposing additional sanctions against UNITA. Subsequently, 
the Security Council adopted UNSCR 1176 postponing the 
effective date of measures specified by UNSCR 1173 until 12:01 
a.m., eastern daylight time on July 1, 1998, at which time they 
went into effect.
    On August 18, 1998, I issued Executive Order 13098 to 
implement in the United States the provisions of UNSCRs 1173 
and 1176 (63 Fed. Reg. 44771, August 20, 1998). Executive Order 
13098 blocks 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 the order. In 
addition, the order prohibits the direct or indirect 
importation into the United States of all diamonds exported 
from Angola on or after the effective date of the order that 
are not controlled through the Certificate of Origin regime of 
the Angolan Government of Unity and National Reconciliation 
(the ``GURN''). The order also prohibits the sale or supply by 
United States persons or from the United States or using U.S.-
registered vessels or aircraft, of any equipment used in 
mining, or motorized vehicles or watercraft, and parts 
therefor, regardless of origin to the territory of Angola other 
than through a specified point of entry. Finally, the order 
prohibits any transaction by any 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. Executive Order 13098 
became effective at 12:01 a.m., eastern daylight time on August 
19, 1998.
    There have been no amendments to the Regulations since my 
report of March 23, 1998.
    3. On December 31, 1997, OFAC issued an order to the Center 
for Democracy in Angola (``CEDA'' or ``CDA'') to immediately 
close its offices in the United States as required by Executive 
Order 13069. CEDA responded that it had closed its only U.S. 
office, located in Washington, D.C., in compliance with 
Executive Order 13069.
    The OFAC has worked closely with the U.S. financial and 
exporting communities to assure a heightened awareness of the 
sanctions against UNITA--through the dissemination of 
publications, seminars, and a variety of media, including via 
the Internet, fax-on-demand, special fliers, and computer 
bulletin board information initiated by OFAC and posted through 
the Department of Commerce and the Government Printing Office. 
There have been no license applications under the program since 
my last report. One investigation into an alleged violation has 
been initiated.
    4. The expenses incurred by the Federal Government in the 
6-month period from March 26 through September 25, 1998, that 
are directly attributable to the exercise of powers and 
authorities conferred by the declaration of a national 
emergency with respect to UNITA are about $160,000, most of 
which represent 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) and the 
Departments of State (particularly the Office of Southern 
African Affairs) and Commerce.
    I will continue to report periodically to the Congress on 
significant developments, pursuant to 50 U.S.C. 1703(c).
            Sincerely,
                                                William J. Clinton.

                                
