[House Document 106-58]
[From the U.S. Government Publishing Office]
106th Congress, 1st Session - - - - - - - - - - - - House Document 106-58
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6-MONTH PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO
SUDAN
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT
TO SUDAN THAT WAS DECLARED IN EXECUTIVE ORDER 13067 OF NOVEMBER 3,
1997, AND MATTERS RELATING TO THE MEASURES IN THAT ORDER, PURSUANT TO
50 U.S.C. 1641(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:
As required by section 401(c) of the National Emergencies
Act, 50 U.S.C. 1641(c) and section 204(c) of the International
Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c), I
transmit herewith a 6-month periodic report on the national
emergency with respect to Sudan that was declared in Executive
Order 113067 of November 3, 1997.
William J. Clinton.
The White House, May 3, 1999.
President's Periodic Report on the National Emergency
With Respect to Sudan
I hereby report to the Congress on developments concerning
the national emergency with respect to Sudan that was declared
in Executive Order 13067 of November 3, 1997, and matters
relating to the measures in that order. This report is
submitted pursuant to section 204(c) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(c) (``IEEPA''),
and section 401(c) of the National Emergencies Act, 50 U.S.C.
1641(c). This report discusses only matters concerning the
national emergency with respect to Sudan that was declared in
Executive Order 13067.
1. On November 3, 1997, I issued Executive Order 13067 (62
Fed. Reg. 59989, November 5, 1997--the ``Order'') to declare a
national emergency with respect to Sudan pursuant to IEEPA. A
copy of the order was provided to the Speaker of the House and
the President of the Senate by letter dated November 3, 1997.
2. Executive Order 13067 became effective at 12:01 a.m.,
eastern standard time on November 4, 1997. On July 1, 1998, the
Department of the Treasury's Office of Foreign Assets Control
(``OFAC'') issued the Sudanese Sanctions Regulations (the
``SSR'' or the ``Regulations'') (63 Fed. Reg. 35809, July 1,
1998). The Regulations block all property and interests in
property of the Government of Sudan, its agencies,
instrumentalities, and controlled entities, including the
Central Bank of Sudan, 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 U.S.
persons, including their overseas branches. The SSR also
prohibit (1) the importation into the United States of any
goods or services of Sudanese origin except for information or
informational materials; (2) the exportation or reexportation
of goods, technology, or services, to Sudan or the Government
of Sudan except for information or informational materials and
donations of humanitarian aid; (3) the facilitation by a U.S.
person of the exportation or reexportation of goods,
technology, or services to or from Sudan; (4) the performance
by any U.S. person of any contract including a financing
contract, in support of an industrial, commercial, public
utility, or governmental project in Sudan; (5) the grant or
extension of credits or loans by any U.S. person to the
Government of Sudan; and (6) transactions relating to the
transportation or cargo.
3. Since the issuance of Executive Order 13067, OFAC has
made numerous decisions with respect to applications for
authorizations to engage in transactions under the Sudanese
sanctions. As of March 23, 1999, OFAC has issued 68
authorizations to non-governmental organizations engaged in the
delivery of humanitarian aid and 198 licenses to others. OFAC
has denied many requests for licenses. The majority of
denialswere in response to requests to authorize commercial exports to
Sudan--particularly of machinery and equipment for various industries--
and the importation of Sudanese-origin goods. The majority of licenses
issued permitted the unblocking of financial transactions for
individual remitters who inadvertently routed their funds through
blocked Sudanese banks. Other licenses authorized the completion of
diplomatic transfers, pre-effective date trade transactions,
intellectual property protection, the performance of certain legal
services, and transactions relating to air and sea safety policy.
4. At the time of signing Executive Order 13067, I directed
the Secretary of the Treasury to block all property and
interests in property of persons determined, in consultation
with the Secretary of State, to be owned or controlled by, or
to act for or on behalf of, the Government of Sudan. On
November 5, 1997, OFAC disseminated details of this program to
the financial, securities, and international trade communities
by both electronic and conventional media. This information
included the names of 62 entities owned or controlled by the
Government of Sudan. The list includes 12 financial
institutions and 50 other enterprises. As of March 17, 1999,
OFAC has blocked approximately $730,000 during this reporting
period.
5. During this reporting period, OFAC has collected three
civil monetary penalties totaling more than $13,000 from three
U.S. financial institutions for violations of IEEPA and the
SSR. The violations related to funds transfers in which the
Government of Sudan or an entity owned or controlled by the
Government of Sudan had an interest or which involved
commercial transactions relating to Sudan. OFAC, in cooperation
with the U.S. Customs Service, is closely monitoring potential
violations of the import prohibitions of the Regulations by
businesses and individuals. Various reports of violations are
being pursued aggressively.
6. The expenses incurred by the Federal Government in the
six-month period from November 3, 1998, through May 2, 1999,
that are directly attributable to the exercise of powers and
authorities conferred by the declaration of a national
emergency with respect to Sudan are reported to be
approximately $360,000, most of which represent wage and salary
costs of Federal personnel. Personnel costs were largely
centered in the Department of the Treasury (particularly in the
Office of Foreign Assets Control, the U.S. Customs Service, the
Office of the Under Secretary for Enforcement, and the Office
of the General Counsel), the Department of State (particularly
the Bureaus of Economic and Business Affairs, African Affairs,
Near Eastern Affairs, Consular Affairs, and the Office of the
Legal Adviser), and the Department of Commerce (the Bureau of
Export Administration and the General Counsel's Office).
7. The situation in Sudan continues to present an
extraordinary and unusual threat to the national security and
foreign policy of the United States. The declaration of the
national emergency with respect to Sudan contained in Executive
Order 13067 underscores the United States Government's
opposition to the actions and policies of the Government of
Sudan, particularly its support of international terrorism and
its failure to respect basic human rights including freedom of
religion. The prohibitions contained in Executive Order 13067
advance important objectives in promoting the anti-terrorism
and human rights policies of the United States. I shall
exercise the powers at my disposal to deal with these problems
and will continue to report periodically to the Congress on
significant developments.