[House Document 106-57]
[From the U.S. Government Publishing Office]
106th Congress, 1st Session - - - - - - - - - - - - House Document 106-57
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ADDITIONAL STEPS WITH THE CONTINUING HUMAN RIGHTS AND HUMANITARIAN
CRISIS IN KOSOSVO
__________
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY
WITH REGARDS TO KOSOVO AS DESCRIBED AND DECLARED IN EXECUTIVE
ORDER 13088 OF JUNE 9, 1998, PURSUANT TO 50 U.S.C. 1703(c)
May 3, 1999.--Message and accompanying papers referred to the Committee
on International Relations and ordered to be printed.
__________
U.S. GOVERNMENT PRINTING OFFICE
69-011 WASHINGTON : 1999
To the Congress of the United States:
In response to the brutal ethnic cleansing campaign in
Kosovo carried out by the military, police, and paramilitary
forces of the Federal Republic of Yugoslavia (Serbia and
Montenegro), the NATO allies have agreed to buttress NATO's
military actions by tightening economic sanctions against the
Milosevic regime. Pursuant to section 204(b) of the
International Emergency Economic Powers Act (IEEPA) (50 U.S.C.
1703(b)), I hereby report to the Congress that, in order to
implement the measures called for by NATO, I have exercised my
statutory authority to take additional steps with respect to
the continuing human rights and humanitarian crisis in Kosovo
and the national emergency described and declared in Executive
Order 13088 of June 9, 1998.
Pursuant to this authority, I have issued a new Executive
order that:
Expands the assets freeze previously imposed on the
assets of the Governments of the Federal Republic of
Yugoslavia (Serbia and Montenegro), the Republic of
Serbia, and the Republic of Montenegro subject to U.S.
jurisdiction, by removing the exemption in Executive
Order 13088 for financial transactions by United States
persons conducted exclusively through the domestic
banking system within the Federal Republic of
Yugoslavia (Serbia and Montenegro) or using bank notes
or barter;
Prohibits exports or reexports, directly or
indirectly, from the United States or by a United
States person, wherever located, of goods, software,
technology, or services to the Federal Republic of
Yugoslavia (Serbia and Montenegro) or the Governments
of the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Republic of Serbia, or the Republic of
Montenegro;
Prohibits imports, directly or indirectly, into the
United States of goods, software, technology, or
services from the Federal Republic of Yugoslavia
(Serbia and Montenegro) or owned or controlled by the
Governments of the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Republic of Serbia, or the Republic of
Montenegro;
Prohibits any transaction or dealing, including
approving, financing, or facilitating, by a United
States person, wherever located, related to trade with
or to the Federal Republic of Yugoslavia (Serbia and
Montenegro) or the Governments of the Federal Republic
of Yugoslavia (Serbia and Montenegro), the Republic of
Serbia, or the Republic of Montenegro.
The trade-related prohibitions apply to any goods
(including petroleum and petroleum products), software,
technology (including technical data), or services, except to
the extent excluded by section 203(b) of IEEPA (50 U.S.C.
1702(b)).
The ban on new investment by United States persons in the
territory of Serbia--imposed by Executive Order 13088--
continues in effect.
The Executive order provides that the Secretary of the
Treasury, in consultation with the Secretary of State, shall
give special consideration to the circumstances of the
Government of the Republic of Montenegro. As with Executive
Order 13088, an exemption from the new sanctions has been
granted to Montenegro. In implementing this order, special
consideration is also to be given to the humanitarian needs of
refugees from Kosovo and other civilians within the Federal
Republic of Yugoslavia (Serbia and Montenegro).
In keeping with my Administration's new policy to exempt
commercial sales of food and medicine from sanctions regimes,
the Executive order directs the Secretary of the Treasury, in
consultation with the Secretary of State, to authorize
commercial sales of agricultural commodities and products,
medicine, and medical equipment for civilian end use in the
Federal Republic of Yugoslavia (Serbia and Montenegro). Such
sales are to be subject to appropriate safeguards to prevent
diversion to military, paramilitary, or political use by the
Governments of the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Republic of Serbia, or the Republic of
Montenegro.
William J. Clinton.
The White House, April 30, 1999.
Executive Order
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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
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act
(IEEPA) (50 U.S.C. 1701 et seq.), the National Emergencies Act
(50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code,
I, WILLIAM J. CLINTON, President of the United States of
America, in order to take additional steps with respect to the
continuing human rights and humanitarian crisis in Kosovo and
the national emergency described and declared in Executive
Order 13088 of June 9, 1998, hereby order:
Section 1. Amendment to Executive Order 13088. (a) Section
1(a) of Executive Order 13088 of June 9, 1998, is revised to
read as follows:
``Section 1. (a) Except to the extent provided in
section 203(b) of IEEPA (50 U.S.C. 1702(b)), and in
regulations, orders, directives, or licenses that may
hereafter be issued pursuant to this order, all
property and interests in property of the Governments
of the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Republic of Serbia, and the Republic
of Montenegro 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, including their overseas
branches, are hereby blocked.''
(b) Section 2 of Executive Order 13088 is hereby revoked,
and a new section 2 is added to read as follows:
``Sec. 2. Except to the extent provided in section
203(b) of IEEPA (50 U.S.C. 1702(b)) and in regulations,
orders, directives, or licenses that may hereafter be
issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted
prior to the effective date of this order, the
following are prohibited:
``(a) the exportation, reexportation, sale, or
supply, directly or indirectly, from the United States,
or by a United States person, wherever located, to the
Federal Republic of Yugoslavia (Serbia and Montenegro)
or the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro), the Government of the Republic
of Serbia, or the Government of the Republic of
Montenegro, of any goods (including petroleum and
petroleum products), software, technology (including
technical data), or services;
``(b) the importation into the United States,
directly or indirectly, of any goods, software,
technology (including technical data), or services from
the Federal Republic of Yugoslavia (Serbia and
Montenegro) or owned or controlled by the Government of
the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Government of the Republic of Serbia,
or the Government of the Republic of Montenegro; and
``(c) any transaction or dealing by a United States
person, wherever located, in goods, software,
technology (including technical data), or services,
regardless of country of origin, for exportation,
reexportation, sale, or supply to, or exportation from
or by, the Federal Republic of Yugoslavia (Serbia and
Montenegro) or the Government of the Federal Republic
of Yugoslavia (Serbia and Montenegro), the Government
of the Republic of Serbia, or the Government of the
Republic of Montenegro. This prohibition includes,
without limitation, purchase, sale, transport, swap, or
brokerage transactions in such items, and approving, financing,
insuring, facilitating, or guaranteeing any such transactions.''
(c) Section 4 of Executive Order 13088 is revised to read
as follows:
``Sec. 4. Any transaction by a United States person
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 is prohibited. Any
conspiracy formed to violate the prohibitions of this
order is prohibited.''
(d) Section 7 of Executive Order 13088 is revised to read
as follows:
``Sec. 7. (a) The Secretary of the Treasury, in
consultation with the Secretary of State, shall give
special consideration to the circumstances of the
Government of the Republic of Montenegro and persons
located in and organized under the laws of the Republic
of Montenegro in the implementation of this order.
``(b) The Secretary of the Treasury, in consultation
with the Secretary of State, shall give special
consideration to the humanitarian needs of refugees
from Kosovo and other civilians within the Federal
Republic of Yugoslavia (Serbia and Montenegro) in the
implementation of this order.
``(c) The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby directed to
authorize commercial sales of agricultural commodities
and products, medicine, and medical equipment for
civilian end use in the territory of the Federal
Republic of Yugoslavia (Serbia and Montenegro) under
appropriate safeguards to prevent diversion of
military, paramilitary, or political use by the
Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro), the Government of the Republic
of Serbia, or the Government of the Republic of
Montenegro.''
Sec. 2. Preservation of Authorities. Nothing in this order
is intended to affect the continued effectiveness of any rules,
regulations, orders, licenses, or other forms of administrative
action issued, taken, or continued in effect heretofore or
hereafter under the authority of IEEPA, except as hereafter
terminated, modified, or suspended by the issuing Federal
agency.
Sec. 3. No rights or privileges conferred. Nothing
contained in this order shall confer any substantive or
procedural right or privilege on any person or organization,
enforceable against the United States, its agencies or its
officers.
Sec. 4. (a) Effective date. This order is effective at
12:01 a.m. eastern daylight time on May 1, 1999.
(b) Transmittal; publication. This order shall be
transmitted to the Congress and published in the Federal
Register.
William J. Clinton.
The White House, April 30, 1999.