[House Document 106-249]
[From the U.S. Government Publishing Office]
106th Congress 2nd Session - - - - - - - - - - - House Document 106-249
CONTINUATION OF NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA, THE BOSNIAN SERBS, AND KOSOVO
__________
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
BOSNIAN SERBS, AND KOSOVO, PURSUANT TO 50 U.S.C. 1703(c)
May 25, 2000.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
79-011 WASHINGTON : 2000
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 Bosnia
and Herzegovina, is to continue in effect beyond May 30, 2000,
and the emergency declared with respect to the situation in
Kosovo is to continue in effect beyond June 9, 2000.
On December 27, 1995, I issued Presidential Determination
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
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 those funds and
assets that are subject to claims and encumbrances until
unblocked in accordance with applicable law.
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,
2000.
On June 9, 1998, I issued Executive Order 13088, ``Blocking
Property of the Governments of the Federal Republic of
Yugoslavia (Serbia and Montenegro), the Republic of Serbia, and
the Republic of Montenegro, and Prohibiting New Investment in
the Republic of Serbia in Response to the Situation in
Kosovo.'' Despite months of preparatory consultations and
negotiations, representatives of the Federal Republic of
Yugoslavia (Serbia and Montenegro) in March 1999, completely
blocked agreement on an internationally backed proposal for a
political solution to the Kosovo crisis. Yugoslav forces
reinforced positions in the province during the March
negotiation and, as negotiations failed, intensified the ethnic
cleansing of Albanians from Kosovo. Yugoslav security and
paramilitary forces thereby created a humanitarian crisis in
which approximately half of Kosovo's population of 2 million
had been displaced from the province and an unknown but
apparently large portion of the remaining population had been
displaced within Kosovo by mid-April.
On April 30, 1999, I issued Executive Order 13121,
``Blocking property of the Governments of the Federal Republic
of Yugoslavia (Serbia and Montenegro), the Republic of Serbia,
and the Republic of Montenegro, and Prohibiting Trade
Transactions Involving the Federal Republic of Yugoslavia
(Serbia and Montenegro) in Response to the Situation in
Kosovo.'' Executive Order 13121 revises and supplements
Executive Order 13088 to expand the blocking regime by revoking
an exemption for certain financial transactions provided in
Executive Order 13088; to impose a general ban on all U.S.
exports and reexports to and imports from the Federal Republic
of Yugoslavia (Serbia and Montenegro) (the ``FRY (S&M)'') or
the Governments of the FRY (S&M), the Republic of Serbia, or
the Republic of Montenegro; and to prohibit any transaction or
dealing by a U.S. person related to trade with or to the FRY
(S&M) or the Governments of the FRY (S&M), the Republic of
Serbia, or the Republic of Montenegro. In addition, Executive
Order 13121 directs that special consideration be given to
Montenegro and the humanitarian needs of refugees from Kosovo
and other civilians with the FRY (S&M) in the implementation of
the Order. Finally, Executive Order 13121 also supplements
Executive Order 13088 to direct that the commercial sales of
agricultural commodities and products, medicine, and medical
equipment for civilian end-use in the FRY (S&M) be authorized
subject to appropriate safeguards to prevent diversion to
military, paramilitary, or political use by the Governments of
the FRY (S&M), the Republic of Serbia, or the Republic of
Montenegro.
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 June 9, 2000.
William J. Clinton.
The White House, May 25, 2000.
Notice
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Continuation of Emergency With Respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro), the Bosnian Serbs, and Kosovo
In accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year
the national emergency declared on May 30, 1992, with respect
to the Federal Republic of Yugoslavia (Serbia and Montenegro),
as expanded on October 25, 1994, in response to the actions and
policies of the Bonsian Serbs. In addition, I am continuing for
1 year the national emergency declared on June 9, 1998, with
respect to the Federal Republic of Yugoslavia's policies and
actions in Kosovo. This notice shall be published in the
Federal Register and transmitted to the Congress.
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, and
on April 25, 1993, I issued Executive Order 12846 imposing
additional measures.
On October 25, 1994, I expanded the scope of the national
emergency by issuing Executive Order 12934 to address the
unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States posed by the
actions and policies of the Bosnian Serb forces and the
authorities in the territory that they controlled within Bosnia
and Herzegovina.
On December 27, 1995, I issued Presidential Determination
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
andauthorities and on the territory that they control within
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 those blocked funds and assets that
are subject to claims and encumbrances remain blocked, until unblocked
in accordance with applicable law.
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, must continue
beyond May 30, 2000.
On June 9, 1998, by Executive Order 13088, I found that the
actions and policies of the Federal Republic of Yugoslavia
(Serbia and Montenegro) and the Republic of Serbia with respect
to Kosovo, by promoting ethnic conflict and human suffering,
threatened to destabilize countries in the region and to
disrupt progress in Bosnia and Herzegovina in implementing the
Dayton peace agreement, constituted an unusual and
extraordinary threat to the national security and foreign
policy of the United States. I therefore declared a national
emergency to deal with that threat. On April 30, 1999, I issued
Executive Order 13121 to take additional steps with respect to
the continuing human rights and humanitarian crisis in Kosovo
and the national emergency declared with respect to Kosovo.
Because the crisis with respect to the situation in Kosovo has
not been resolved, I have determined that it is necessary to
maintain in force these emergency authorities beyond June 9,
2000.
William J. Clinton.
The White House, May 25, 2000.