[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

                              ----------                              


   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.

                                  
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