[House Document 105-89]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session  - - - - - - - - - - - House Document 105-89

 
  DEVELOPMENTS CONCERNING 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

A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT 
  TO THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) (THE 
  ``FRY (S/M)'') AND THE BOSNIAN SERBS, PURSUANT TO 50 U.S.C. 1703(c)




    June 3, 1997.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed


To the Congress of the United States:
    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) (the ``FRY (S&M)''), and prohibiting 
trade-related transactions by United States persons involving 
those areas of the Republic of Bosnia and Herzegovina 
controlled by the Bosnian Serb forces and the United Nations 
Protected Areas in the Republic of Croatia. On October 24, 
1994, because of the actions and policies of the Bosnian Serbs, 
I expanded the scope of the national emergency by issuance of 
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 November 22, 1995, the United Nations Security Council 
passed (``Resolution 1022''), immediately and indefinitely 
suspending economic sanctions against the FRY (S&M). Sanctions 
were subsequently lifted by the United Nations Security Council 
pursuant to Resolution 1074 on October 1, 1996. Resolution 
1022, however, continues to provide for the release of funds 
and assets previously blocked pursuant to sanctions against the 
FRY (S&M), provided that such funds and assets that are subject 
to claims and encumbrances, or that are the property of persons 
deemed insolvent, remain blocked until ``released in accordance 
with applicable law.'' This provision was implemented in the 
United States on December 27, 1995, by Presidential 
Determination No. 96-7. The Determination, in conformity with 
Resolution 1022, directed the Secretary of the Treasury, inter 
alia, to suspend the application of sanctions imposed on the 
FRY (S&M) pursuant to the above-referenced Executive orders and 
to continue to block property previously blocked until 
provisions is made to address claims or encumbrances, including 
the claims of the other successor states of the former 
Yugoslavia. This sanctions relief 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 (the 
``Peace Agreement'') and signed in Paris on December 14, 1995. 
The sanctions imposed on the FRY (S&M) and on the United 
Nations Protected Areas in the Republic of Croatia 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, in conformity with UNSCR 
1022. On October 1, 1996, the United Nations passed UNSCR 1074, 
terminating U.N. sanctions against the FRY (S&M) and the 
Bosnian Serbs in light of the elections that took place in 
Bosnia and Herzegovina on September 14, 1996. UNSCR 1074, 
however, reaffirms the provisions of UNSCR 1022 with respect to 
the release of blocked assets, as set forth above.
    The present report is submitted pursuant to 50 U.S.C. 
1641(c) and 1703(c) and covers the period from November 30, 
1996, through May 29, 1997. It discusses Administration actions 
and expenses directly related to the exercise of powers and 
authorities conferred by the declaration of a national 
emergencyin Executive Order 12808 as expanded with respect to 
the Bosnian Serbs in Executive Order 12934, and against the FRY (S&M) 
contained in Executive Orders 12810, 12831, and 12846.
    1. The declaration of the national emergency on May 30, 
1992, was made pursuant to the authority vested in the 
President by the Constitution and laws of the United States, 
including the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 
1601 et seq.), and section 301 of title 3 of the United States 
Code. The emergency declaration was reported to the Congress on 
May 30, 1992, pursuant to section 204(b) of the International 
Emergency Economic Powers Act (50 U.S.C. 1703(b)) and the 
expansion of that national emergency under the same authorities 
was reported to the Congress on October 25, 1994. The 
additional sanctions set forth in related Executive orders were 
imposed pursuant to the authority vested in the President by 
the Constitution and laws of the United States, including the 
statutes cited above, section 1114 of the Federal Aviation Act 
(49 U.S.C. App. 1514), and section 5 of the United Nations 
Participation Act (22 U.S.C. 287c).
    2. The Office of Foreign Assets Control (OFAC), acting 
under authority delegated by the Secretary of the Treasury, 
implemented the sanctions imposed under the foregoing statutes 
in the Federal Republic of Yugoslavia (Serbia and Montenegro) 
and Bosnian Serb-Controlled Areas of the Republic of Bosnia and 
Herzegovina Sanctions Regulations, 31 C.F.R. Part 585 (the 
``Regulations''). To implement Presidential Determination No. 
967, the Regulations were amended to authorize prospectively 
all transactions with respect to the FRY (S&M) otherwise 
prohibited (61 FR 1282, January 19, 1996). Property and 
interests in property of the FRY (S&M) previously blocked 
within the jurisdiction of the United States remain blocked, in 
conformity with the Peace Agreement and UNSCR 1022, until 
provision is made to address claims or encumbrances, including 
the claims of the other successor states of the former 
Yugoslavia.
    On May 10, 1996, OFAC amended the Regulations to authorize 
prospectively all transactions with respect to the Bosnian 
Serbs otherwise prohibited, except with respect to property 
previously blocked (61 FR 24696, May 16, 1996). On December 4, 
1996, OFAC amended Appendices A and B to 31 C.F.R. chapter V, 
containing the names of entities and individuals in 
alphabetical order and by location that are subject to the 
various economic sanctions programs administered by OFAC, to 
remove the entries for individuals and entities that were 
determined to be acting for or on behalf of the Government of 
the Federal Republic of Yugoslavia (Serbia and Montenegro). 
These assets were blocked on the basis of these persons' 
activities in support of the FRY (S&M)--activities no longer 
prohibited--not because the Government of the FRY (S&M) or 
entities located in or controlled from the FRY (S&M) had any 
interest in those assets (61 FR 64289, December 4, 1996). A 
copy of the amendment is attached to this report.
    On April 18, 1997, the Regulations were amended by adding a 
new section 585.528, authorizing all transactions after 30 days 
with respect to the following vessels that remained blocked 
pursuant to the Regulations, effective at 10:00 a.m. local time 
in the location of the vessel on May 19, 1997: the M/V 
Moslavina, M/V Zeta, M/V Lovcen, M/V Durmitor and M/V Bar (a/k/
a M/V Inviken) (62 FR 19672, April 23, 1997). During the 30-day 
period, United States persons were authorized to negotiate 
settlements of their outstanding claims with respect to the 
vessels with the vessels' owners or agents and were generally 
licensed to seek and obtain judicial warrants of maritime 
arrest. If claims remained unresolved 10 days prior to the 
vessels' unblocking (May 8, 1997), service of the warrants 
could be effected at that time through the United States 
Marshal's Office in the district where the vessel was located 
to ensure that United States creditors of a vessel had the 
opportunity to assert their claims. Appendix C to31 CFR, 
chapter V, containing the names of vessels blocked pursuant to the 
various economic sanctions programs administered by OFAC (61 FR 32936, 
June 26, 1996), was also amended to remove these vessels from the list 
effective May 19, 1997. A copy of the amendment is attached to this 
report.
    3. Over the past year, the Departments of State and the 
Treasury have worked closely with European Union member states 
and other U.N. member nations to implement the provisions of 
UNSCR 1022. In the United States, retention of blocking 
authority pursuant to the extension of a national emergency 
provides a framework for administration of an orderly claims 
settlement. This accords with past policy and practice with 
respect to the suspension of sanctions regimes.
    4. During this reporting period, OFAC issued seven specific 
licenses regarding transactions pertaining to the FRY (S&M) or 
assets it owns or controls. Specific licenses have been issued 
(1) to authorize the unblocking of certain funds and other 
financial assets previously blocked; (2) for the payment of 
crews' wages, vessel maintenance, and emergency supplies for 
FRY (S&M)-controlled ships blocked in the United States; and 
(3) to authorize performance of certain transactions under pre-
sanctions contracts.
    During the past 6 months, OFAC has continued to oversee the 
maintenance of blocked accounts and records with respect to: 
(1) liquidated tangible assets and personality of the 15 
blocked United States subsidiaries of entities organized in the 
FRY (S&M); (2) the blocked personalty, files, and records of 
the two Serbian banking institutions in New York previously 
placed in secure storage; (3) remaining tangible property, 
including real estate; and (4) the 5 Yugoslav-owned vessels 
recently unblocked in the United States.
    5. Despite the prospective authorization of transactions 
with the FRY (S&M), OFAC has continued to work closely with the 
United States Customs Service and other cooperating agencies to 
investigate alleged violations that occurred while sanctions 
were in force.
    Since my last report, OFAC has collected six civil monetary 
penalties totaling nearly $39,000 for violations of the 
sanctions. These violations included prohibited imports, 
exports, contract dealings, and payments to the Government of 
the FRY (S&M), persons in the FRY (S&M), or to blocked entities 
owned or controlled by the FRY (S&M).
    6. The expenses incurred by the Federal Government in the 
6-month period from November 30, 1996, through May 29, 1997, 
that are directly attributable to the declaration of a national 
emergency with respect to the FRY (S&M) and the Bosnian Serb 
forces and authorities are estimated at approximately a 
$400,000, most of which represents wage and salary costs for 
Federal personnel. Personnel costs were largely centered in the 
Department of the Treasury (particularly in OFAC and its Chief 
Counsel's Office, and the United States Customs Service), the 
Department of State, the National Security Council, and the 
Department of Commerce.
    7. In the last year and a half, substantial progress has 
been achieved to bring about a settlement of the conflict in 
the former Yugoslavia acceptable to the parties. UNSCR 1074 
terminates sanctions in view of the first free and fair 
elections to occur in the Republic of Bosnia and Herzegovina, 
as provided for in the Peace Agreement. In reaffirming 
Resolution 1022, however, UNSCR 1074 contemplates the continued 
blocking of assets potentially subject to conflicting claim and 
encumbrances until provision is made to address them under 
applicable law, including claims of the other successor states 
of the former Yugoslavia.
    The resolution of the crisis and conflict in the former 
Yugoslavia that has resulted from the actions and policies of 
the Government of the Federal Republic of Yugoslavia (Serbia 
and Montenegro), and of the Bosnian Serb forces and the 
authorities in the territory that they control, will not be 
complete until such time as the Peace Agreement is implemented 
and the terms of UNSCR 1022 have been met. Therefore, I have 
continued for another year the national emergency declared on 
May 30, 1992, as expanded in scope on October 25, 1994, and 
will continue to enforce the measures adopted pursuant thereto.
    I shall continue to exercise the powers at my disposal with 
respect to the measures against the Government of the Federal 
Republic of Yugoslavia (Serbia and Montenegro), and the Bosnian 
Serb forces, civil authorities, and entities, as long as these 
measures are appropriate, and will continue to report 
periodically to the Congress on significant developments 
pursuant to 50 U.S.C. 1703(c).

                                                William J. Clinton.
    The White House, May 30, 1997.




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