[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
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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]).