[House Document 106-90]
[From the U.S. Government Publishing Office]




106th Congress, 1st Session - - - - - - - - - - House Document 106-90


 
     A RESPONSE TO THE ACTIONS AND POLICIES OF THE AFGHAN TALIBAN

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE THREAT TO 
   THE UNITED STATES POSED BY THE ACTIONS AND POLICIES OF THE AFGHAN 
TALIBAN AND AN EXECUTIVE ORDER TO DEAL WITH THIS THREAT, PURSUANT TO 50 
                             U.S.C. 1703(b)

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


 July 12, 1999.--Referred to the Committee on International Relations 
                       and ordered to be printed


                           ----------------------

                       U.S. GOVERNMENT PRINTING OFFICE
69-011                         WASHINGTON : 1999




                                           The White House,
                                          Washington, July 4, 1999.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to section 204(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b) 
and section 301 of the National Emergencies Act, 50 U.S.C. 
1631, I hereby report that I have exercised my statutory 
authority to declare a National emergency with respect to the 
threat to the United States posed by the actions and policies 
of the Afghan Taliban and have issued an executive order to 
deal with this threat.
    The actions and policies of the Afghan Taliban pose an 
unusual and extraordinary threat to the national security and 
foreign policy of the United States. The Taliban continues to 
provide safe haven to Usama bin Ladin allowing him and the Al-
Quida organization to operate from Taliban-controlled territory 
a network of terrorist training camps and to use Afghanistan as 
a base from which to sponsor terrorist operations against the 
United States.
    Usama bin Ladin and the Al-Qaida organization have been 
involved in at least two separate attacks against the United 
States. On August 7, 1998, the U.S. embassies in Nairobi, 
Kenya, and in Dar es Salaam, Tanzania, were attacked using 
powerful explosive truck bombs. The following people have been 
indicted for criminal activity against the United States in 
connection with Usama bin Ladin and/or the Al-Quaida 
organization: Usama bin Ladin, his military commander Muhammed 
Atef, Wadih El Hage, Fazul Abdullah Mohammed, Mohammed Sadeek 
Odeh, Mohamed Rashed Daoud Al-Owhali, Mustafa Mohammed Fadhil, 
Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Fahid Mohommed 
Ally Msalam, Sheikh Ahmed Salim Sweden, Mamdouh Mahmud Salim, 
Ali Mohammed, Ayman Al-Zawahiri, and Khaled Al Fawwaz. In 
addition, bin Ladin and his network are currently planning 
additional attacks against U.S. interests and nationals.
    Since at least 1998 and up to the date of the Executive 
order, the Taliban has continued to provide bin Ladin with safe 
haven and security, allowing him the necessary freedom to 
operate. Repeated efforts by the United States to persuade the 
Taliban to expel bin Ladin to a third country where he can be 
brought to justice for his crimes have failed. The United 
States has also attempted to apply pressure on the Taliban both 
directly and through frontline states in a position to 
influence Taliban behavior. Despite these efforts, the Taliban 
has not only continued, but has also deepened its support for, 
and its relationship with, Usama bin Ladin and associated 
terrorist networks.
    Accordingly, I have concluded that the actions and policies 
of the Taliban pose an unusual and extraordinary threat to the 
national security and foreign policy of the United States. I 
have, therefore, exercised my statutory authority and issued an 
Executive order which, except to the extent provided for in 
section 203(b) of IEEPA (50 U.S.C. 1072(b)) and regulations, 
orders, directives or licenses that may be issued pursuant to 
this order, and notwithstanding any contract entered into or 
any license or permit granted prior to the effective date.
        --blocks all property and interests in property of the 
        Taliban, including the Taliban leaders listed in the 
        annex to the order that are in the United States or 
        that are or hereafter come within the possession or 
        control of United States persons;
        --prohibits any transaction or dealing by United States 
        persons or within the United States in property or 
        interests in property blocked pursuant to the order, 
        including the making or receiving of any contribution 
        of funds, goods, or services to or for the benefit of 
        the Taliban;
        --prohibits the exportation, re-exportation, sale, or 
        supply, directly or indirectly, from the United States, 
        or by a United States person, wherever located, of any 
        goods, software, technology (including technical data), 
        or services to the territory of Afghanistan under the 
        control of the Taliban or to the Taliban; and
        --prohibits the importation into the United States of 
        any goods, software, technology, or services owned or 
        controlled by the TAliban or from the territory of 
        Afghanistan under the control of the Taliban.
    The Secretary of the Treasury, in consultation with the 
Secretary of State, is directed to authorize commercial sales 
of agricultural commodities and products, medicine and medical 
equipment, for civilian end use in the territory of Afghanistan 
controlled by the Taliban under appropriate safeguards to 
prevent diversion to military, paramilitary, or terrorist end-
users or end-use or to political end-use. This order and 
subsequent licenses will likewise allow humanitarian, 
diplomatic, and journalistic activities to continue.
    I have designated in the Executive order, Mullah Mohhamad 
Omar, the leader of the Taliban, and I have authorized the 
Secretary of State to designate additional persons as Taliban 
leaders in consultation with the Secretary of the Treasury and 
the Attorney General.
    The Secretary of the Treasury is further authorized to 
designate persons or entities, in consultation with the 
Secretary of State and the Attorney General, that are owned or 
controlled, or are acting for or on behalf of the Taliban or 
that provide financial, material, or technical support to the 
Taliban. The Secretary of the Treasury is also authorized to 
issue regulations in the exercise of my authorities under the 
International Emergency Economic Powers Act to implement these 
measures in consultation with the Secretary of State and the 
Attorney General. All Federal agencies are directed to take 
actions within their authority to carry out the provisions of 
the Executive order.
    The measures taken in this order will immediately 
demonstrate to the Taliban the seriousness of our concern over 
its support for terrorists and terrorist networks, and increase 
the international isolation of the Taliban. The blocking of the 
Taliban's property and the other prohibitions imposed under 
this executive order will further limit the Taliban's ability 
to facilitate and support terrorists and terrorist networks. It 
is particularly important for the United States to demonstrate 
to the Taliban the necessity of conforming to accepting norms 
of international behavior.
    I am enclosing a copy of the Executive order I have issued. 
This order is effective at 12:01 a.m. Eastern Daylight Time on 
July 6, 1999.
            Sincerely,
                                                William J. Clinton.

                            Executive Order

                              ----------                              


    Blocking Property and Prohibiting Transactions with the Taliban

    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 (50 
U.S.C. 1701 et seq.) (``IEEPA''), 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, find that the actions and policies of the Taliban in 
Afghanistan, in allowing territory under its control in 
Afghanistan to be used as a safe haven and base of operations 
for Usama bin Ladin and the Al-Qaida organization who have 
committed and threaten to continue to commit acts of violence 
against the United States and its nationals, constitute an 
unusual and extraordinary threat to the national security and 
foreign policy of the United States, and hereby declare a 
national emergency to deal with that threat.
    I hereby order:
    Section 1. 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 be issued pursuant to this 
order, and notwithstanding any contract entered into or any 
license or permit granted prior to the effective date:
    (a) all property and interests in property of the Taliban; 
and
    (b) all property and interests in property of persons 
determined by the Secretary of the Treasury, in consultation 
and the Secretary of State and the Attorney General:
    (i) to be owned or controlled by, or to act for or on 
behalf of, the Taliban; or
    (ii) to provide financial, material, or technological 
support for, or services in support of, any of the foregoing,
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, are blocked.
    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 be issued pursuant to this 
order, and notwithstanding any contract entered into or any 
license or permit granted prior to the effective date:
    (a) any transaction or dealing by United States persons or 
within the United States in property or interests in property 
blocked pursuant to this order is prohibited, including the 
making or receiving of any contribution of funds, goods, or 
services to or for the benefit for the Taliban or persons 
designated pursuant to this order;
    (b) the exportation, reexportation, sale, or supply, 
directly or indirectly, from the United States, or by a United 
States person, wherever located, or any goods, software, 
technology (including technical data), or services to the 
territory of Afghanistan controlled by the Taliban or to the 
Taliban or persons designated pursuant to this order is 
prohibited;
    (c) the importation into the United States of any goods, 
software, technology, or services owned or controlled by the 
Taliban or persons designated pursuant to this order or from 
the territory of Afghanistan controlled by the Taliban is 
prohibited.
    (d) any transaction by any United States person or within 
the United States 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; and
    (e) any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 3. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby directed to authorize 
commercial sales of agriculture commodities and products, 
medicine, and medical equipment for civilian end use in the 
territory of Afghanistan controlled by the Taliban under 
appropriate safeguards to prevent diversion to military, 
paramilitary, or terrorist end users or end use or to political 
end use.
    Sec. 4. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, 
corporation, or other organization, group, or subgroup;
    (c) the term ``The Taliban'' means the political/military 
entity headquartered in Kandahar, Afghanistan that as of the 
date of this order exercises de facto control over the 
territory of Afghanistan described in paragraph (d) of this 
section, its agencies and instrumentalities, and the Taliban 
leaders listed in the Annex to this order or designated by the 
Secretary of State in consultation with the Secretary of the 
Treasury and the Attorney General. The Taliban is also known as 
the ``Taleban,'' ``Islamic Movement of Taliban,'' ``the Taliban 
Islamic Movement,'' ``Talibano Islami Tahrik,'' and ``Tahrike 
Islami'a Taliban'';
    (d) the term ``territory of Afghanistan controlled by the 
Taliban'' means the territory referred to as the ``Islamic 
Emirate of Afghanistan,'' known in Pashtun as ``de Afghanistan 
Islami Emarat'' or in Dari as ``Emarat Islami-e Afghanistan,'' 
including the following provinces of the country of 
Afghanistan: Kandahar, Farah, Helmund, Nimruz, Herat, Badghis, 
Ghowr, Oruzghon, Zabol, Paktiha, Ghazni, Nangarhar, Lowgar, 
Vardan, Faryab, Jowlan, Balkh, and Paktika. The Secretary of 
State, in consultation with the Secretary of the Treasury, is 
hereby authorized to modify the description of the term 
``territory of Afghanistan controlled by the Taliban'';
    (e) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States (including foreign 
branches), or any person in the United States.
    Sec. 5. The Secretary of the Treasury, in consultation with 
the Secretary of State and the Attorney General, is hereby 
authorized to take such action, including the promulgation of 
rules and regulations, and to employ all powers granted to me 
by IEEPA as may be necessary to carry out the purposes of this 
order. The Secretary of the Treasury may redelegate any of 
these functions to other officers and agencies of the United 
States Government. All agencies of the United States Government 
are hereby directed to take all appropriate measures within 
their authority to carry out the provisions of this order.
    Sec. 6. Nothing contained in this order shall create any 
right or benefit, substantive or procedural, enforceable by any 
party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other 
person.
    Sec. 7. (a) This order is effective at 12:01 a.m. Eastern 
Daylight Time on July 6, 1999.
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.
                                                William J. Clinton.
    The White House, July 4, 1999.

                                 Annex

    Mohammed Omar (Amir al-Mumineen [Commander of the 
Faithful]).

                                
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