[House Document 106-57]
[From the U.S. Government Publishing Office]




106th Congress, 1st Session - - - - - - - - - - - - House Document 106-57
_________________________________________________________________________

 
  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

                              ----------                              


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.

                                
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