[House Document 105-87]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session  - - - - - - - - - - - House Document 105-87


 
  CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL 
 REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND THE BOSNIAN SERBS

                               __________

                                MESSAGE

                                  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, 1997, PURSUANT TO 50 U.S.C. 1622(d)




    May 30, 1997.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed


To the Congress of the United States:
    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 the 
Republic of Bosnia and Herzegovina, is to continue in effect 
beyond May 30, 1997.
    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 
the Republic of 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, substantial progress has been achieved to bring about a 
settlement of the conflict in the former Yugoslavia acceptable 
to the parties. Elections occurred in the Republic of 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 are now being addressed, beginning with the unblocking 
of five Yugoslav vessels located in various United States ports 
effective May 19, 1997.
    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, 
1997.

                                                William J. Clinton.
    The White House, May 28, 1997.


                                 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 Orders 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 
the Republic 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 the 
Republic of Bosnia 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 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 
the Republic of 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, substantial progress has been achieved to 
bring about a settlement of the conflict in the former 
Yugoslavia acceptable to the parties. Elections occurred in the 
Republic of 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 now being addressed, beginning 
with the unblocking of five Yugoslav vessels located in various 
United States ports effective May 19, 1997.
    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, 1997.
    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 the Republic 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, 1997.

                                
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