[House Document 107-16]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - - House Document 107-16
PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO THE TALIBAN
IN AFGHANISTAN
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A 6-MONTH PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO THE
TALIBAN IN AFGHANISTAN THAT WAS DECLARED IN EXECUTIVE ORDER 13129 OF
JULY 4, 1999, PURSUANT TO 50 U.S.C. 1703(c)
January 20, 2001.--Referred to the Committee on International Relations
and ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
89-011 WASHINGTON : 2001
The White House,
Washington, January 17, 2001.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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 the Taliban in
Afghanistan that was declared in Executive Order 13129 of July
4, 1999.
Sincerely,
William J. Clinton.
President's Periodic Report on the National Emergency With Respect to
the Taliban in Afghanistan
I hereby report to the Congress on the developments
concerning the national emergency with respect to the actions
and policies of the Taliban in Afghanistan that was declared in
Executive Order 13129 of July 4, 1999. This report is submitted
pursuant to 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).
1. On July 4, 1999, I signed Executive Order 13129,
``Blocking Property and Prohibiting Transactions With the
Taliban'' (the ``order'') (64 Fed. Reg. 36759, July 7, 1999).
The order blocks all property subject to U.S. jurisdiction in
which property and interests in property subject to U.S.
jurisdiction of persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State and the
Attorney General, (1) to be owned or controlled by or to act
for or on behalf of the Taliban, or (2) to provide financial,
material, or technological support for, or services in support
of, any of the foregoing.
The order further prohibits: (1) any transaction or dealing
by a U.S. person or within the United States in property or
interests in property blocked by the order, including the
making or receiving of any contribution of funds, goods, or
services to or for the benefit of the Taliban or persons
designated pursuant to the order; (2) the exportation,
reexportation, sale, or supply, directly or indirectly, from
the United States, or by a U.S. person, wherever located, to
the territory of Afghanistan controlled by the Taliban or to
the Taliban or persons designated pursuant to the order of any
goods, software, technology (including technical data), or
services; and (3) the importation into the United States of any
goods, software, technology, or services owned or controlled by
the Taliban or persons designated pursuant to the order or from
the territory of Afghanistan controlled by the Taliban. The
order also prohibits any transaction by a U.S. person that
evades or avoids, or has the purpose of evading or avoiding, or
attempts to violate, any of the prohibitions of the order, and
any conspiracy formed to violate the prohibitions of the order.
The order also 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
territory of Afghanistan controlled by the Taliban under
appropriate safeguards to prevent diversion to military,
paramilitary, or terrorist or political end-use.
The term ``the Taliban'' is defined in the order to mean
the political/military entity headquartered in Kandahar,
Afghanistan, that exercises de facto control over the territory
of Afghanistan described in Section 4(d) of the order, its
agencies and instrumentalities, and the Taliban leaders listed
in the Annex to the order or designated by the Secretary of
State, in consultation with the Secretary of the Treasury and
the Attorney General. The Annex to the order lists one Taliban
leader: Mohammed Omar (Amir al-Mumineen [Commander of the
Faithful]). The Taliban is also known as the ``Taliban,''
``Islamic Movement of Taliban,'' ``the Taliban Islamic
Movement,'' ``Talibano Islami Tahrik,'' and ``Tahrike Islami'a
Taliban.''
Section 4(d) of the order defines the term ``territory of
Afghanistan controlled by the Taliban'' to include 18 provinces
of the country of Afghanistan: Kandhar, Farah, Helmund, Nimrus,
Herate, 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, had since added the City of Kabul to the list of
territory of Afghanistan controlled by the Taliban (64 Fed.
Reg. 58879, November 1, 1999). The territory of Afghanistan
controlled by the Taliban is also knows as the ``Islamic
Emirate of Afghanistan,'' in Pashtun as ``de Afghanistan Islami
Emarat,'' and in Dari as ``Emarat Islami-e Afghanistan.''
2. The Department of the Treasury's Office of Foreign
Assets Control (``OFAC''), in consultation with the Departments
of State and justice, has added three entities to the list of
those persons whose assets are blocked pursuant to the
Executive Order 13129. On August 18, 1999, OFAC added Ariana
Afghan Airlines (f.k.a. Bakhtar Afghan Airlines). On October
22, 1999, OFAC added Banke Millie Afghan (a.k.a. Afghan
National Bank; a.k.a. Bank E. Millie Afghan), and Da
Afghanistan Bank (a.k.a. Bank of Afghanistan; a.k.a. Central
Bank of Afghanistan; a.k.a. The Afghan Stat Bank). These
entities have been found to be controlled by the Taliban, and
to be entities in which the Taliban has an interest.
Additional designations may be made by the Secretary of the
Treasury, in consultation with Secretary of State and the
Attorney General. Designations of persons blocked pursuant to
the order are effective upon the date of determination by the
Secretary of the Treasury. Public notice of blocking is
effective upon the date of filing with the Federal Register, or
upon prior actual notice.
On October 15, 1999, the United Nations Security Council
issued Resolution 1267 that, inter alia, directs member States
to freeze funds and other financial resources of the Taliban,
and to prohibit landings and take-offs by Taliban-associated
flights, effective November 14, 1999.
3. On January 11, 2001, OFAC issued the Taliban
(Afghanistan) Sanctions Regulations, 31 CFR Part 545 (the
``Regulations'') (65 FR 2726, January 11, 2001) Paragraph (a)
of 545.201 of the Regulations implements section 1(a) of
Executive Order 13129 by blocking all property and interests in
property of the Taliban 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. To implement
section 1(b) of the order, 545.201 also blocks all property and
interests in property of persons determined by the Secretary of
the Treasury, in consultation with the Secretary of State and
the Attorney General, to be owned or controlled by, or to be
acting for or on behalf of, or to provide financial, material,
or technological support for, or services in support of, the
Taliban and those associated with the Taliban. Persons coming
within any of these categories are referred to as persons whose
property or interests in property are blocked pursuant to
545.201 in the Regulations. Section 545.201(b) implements
section 2(a) of the order by prohibiting U.S. persons from
transferring, paying, exporting, withdrawing, or otherwise
dealing in property or interests in property blocked pursuant
to the order.
Sections 545.204 implements section 2(b) of the order by
prohibiting the exportation, reexportation, sales, or supply,
directly or indirectly, from the United States or by a U.S.
person, wherever located, of any goods, software, technology
(including technical data), or services to the territory of
Afghanistan controlled by the Taliban or to the Taliban or
persons whose property or interests in property are blocked
pursuant to 545.201.
Section 545.205 of the Regulations implements section 2(c)
of the order by prohibiting the importation into the United
States of goods, software, technology, or services owned or
controlled by the Taliban or persons whose property or
interests in property are blocked pursuant to 545.201 or from
the territory controlled by the Taliban.
Section 545.206 of the Regulations implements section 2(d)
of the order by prohibiting actions that evade, avoid, or
attempt to violate the Regulations. This section also forbids
conspiracies to violate the Regulations, implementing section
2(e) of the order.
Section 545.209 details those types of transactions that
are exempt from the Regulations. Exempted are transactions
related to personal communications, information and
informational materials, travel, official United States
Government business, journalistic activity, and donations of
articles to relieve human suffering. These exemptions derive in
large part from the exemptions set out in section 203(b) of
IEEPA (50 U.S.C. 1702(b)).
The prohibitions in 545.201, 545.204, 545.205, and 545.206
extend to U.S. persons wherever they may be located.
Consequently, 545.408 makes clear that even while outside the
United States, U.S. persons are prohibited from taking part in
any transactions involving property in which the Taliban or
persons whose property or interests in property are blocked
pursuant to 545.201 have an interest, or dealing in goods,
software, technology, or services owned or controlled by the
Taliban or persons whose property or interests in property are
blocked pursuant to 545.201. Similarly, U.S. persons may not
participate in the exportation or importation of goods,
software, technology, or services into or out of the territory
of Afghanistan controlled by the Taliban.
Transactions otherwise prohibited under part 545 but found
to be consistent with U.S. policy may be authorized by one of
the general licenses contained in subpart E or by a specific
license issued pursuant to the procedures described in subpart
D of part 501 of 31 CFR chapter V. Penalties for violations of
the Regulations are described in subpart G of the Regulations.
The general licenses contained in subpart E include in
545.504 an authorization for U.S. financial institutions to
debit blocked accounts for normal service charges. Subject to
the presentation of proof satisfactory to the U.S.
CustomsService, under 545.505 importation will be permitted of certain
goods, software, or technology (but not services) from the territory of
Afghanistan controlled by the Taliban that left that territory before
the effective date of the order. This authority does not extend to
those goods, software, or technology owned or controlled by the Taliban
or persons whose property or interests in property are blocked pursuant
to 545.201.
Section 545.506 permits the importation into the United
States of gifts valued at no more than $100 per recipient.
Section 545.507 allows travelers to enter or depart from the
United States with their accompanied baggage. Sections 545.508
and 545.509 authorize transactions related to
telecommunications and mail services. Section 545.510 permits
the importation and exportation of household and personal
effects.
Section 545.511 references the provision in the Reporting
and Procedures Regulations found in 31 CFR Part 501 permitting
the registration of nongovernmental organizations involved in
humanitarian or religious activities intended to relieve human
suffering. Registration numbers authorize nongovernmental
organizations to engage in transactions otherwise prohibited by
the Regulations, including the exportation of goods, software,
technology, and services to the territory of Afghanistan
controlled by the Taliban, and the transfer of funds to and
from the territory of Afghanistan controlled by the Taliban,
intended for the purpose of relieving human suffering.
Section 545.512 through 545.515 implement section 3 of the
order by permitting, subject to certain requirements and
restrictions, and commercial sale of agricultural commodities
and products, medicine, and medical equipment to private
persons or nongovernmental entities in the territory of
Afghanistan controlled by the Taliban.
Section 545.516 grants a general license for payments to
U.S. persons for obligations that arose prior to the effective
date. Section 545.517 authorizes the provision and exportation
of certain legal services, provided that receipt of payment for
such services is specifically licensed. Section 545.518
provides for specific licensing of payments into an escrow
account under United Nations control consistent with UNSCR 1267
for services to aircraft provided by the Taliban in connection
with overflights or emergency landings. That section also
indicates that specific licenses may be issued for the
exportation to the territory of Afghanistan controlled by the
Taliban of goods, software, technology, and services to ensure
safe operation of aircraft.
Section 545.519 permits U.S. persons to perfect and protect
intellectual property rights in the territory of Afghanistan
controlled by the Taliban. Section 545.520 permits U.S.
financial institutions to process funds transfers to or from
the territory of Afghanistan controlled by the Taliban where
such transfers are related to transactions exempted or
authorized under the Regulations. Section 545.521 authorizes
provision of certain emergency medical services, provided that
payment for such services is specifically licensed. Section
545.522 allows investment and reinvestment of blocked assets as
long as immediate benefits do not accrue to persons whose
property or interests in property is blocked pursuant to
Sec. 545.201.
Section 545.524 allows specific licenses authorizing
payments for goods or service exported prior to the effective
date. Section 545.525 permits noncommercial remittances to or
from the territory of Afghanistan controlled by the Taliban.
Section 545.526 allows U.S. citizens permanently residing in
the territory of Afghanistan controlled by the Taliban to
engage in transactions related to their necessary maintenance
and living expenses. Section 545.527 authorizes U.S. financial
institutions to operate accounts for private persons in the
territory of Afghanistan controlled by the Taliban, provided
that person's property is not blocked pursuant to 545.201.
Sections 545.528 and 545.529 permit the extension or
renewal of letters of credit (by general license) or loans (by
specific license). Where the State Department has issued visas,
545.530 permits the importation of services and the completion
of activities consistent with the visas. Section 545.531 allows
the importation of goods, software, technology, or services for
diplomatic missions.
4. Since the issuance of Executive Order 13129, OFAC has
authorized 21 nongovernmental organizations to continue their
humanitarian relief operations in the territory of Afghanistan
controlled by the Taliban. In addition, OFAC issued three
licenses to authorize completion of certain financial
transactions initiated prior to issuance of the order,
completion of certain imports predating the national emergency,
and certain administrative transactions.
Since the inception of the program, OFAC has continued to
emphasize to the international banking community in the United
States the importance of identifying the blocking payments made
by or on behalf of the Taliban and has worked closely with the
banks to assure the effectiveness of interdiction software
systems used to identify such payments. As of November 21,
2000, two transactions totaling more than $493,000 were blocked
during this period. This brings the total assets blocked since
the inception of the program to more than $250 million. Under
the Regulations, transactions in violation of the sanctions
where there is no blockable interest of the Taliban must be
returned to remitters (i.e., ``rejected''). During the
reporting period, 29 transactions were rejected by U.S. banks
causing a disruption of more than $1.2 million in business for
the Taliban.
Various enforcement actions and investigations are being
aggressively pursued. Reports of new violations are being
scrutinized. Since my last report, OFAC has initiated two
administrative civil penalty proceedings for violations of
IEEPA and the sanctions.
5. The expenses incurred by the federal government in the
6-month period from July 4, 2000, through January 3, 2001, that
are directly attributable to the exercise of powers and
authorities conferred by the declaration of the national
emergency with respect to the Taliban in Afghanistan are
estimated at approximately $260,000. Personnel costs were
largely centered in the Department of the Treasury
(particularly in the Office of Foreign Assets Control, the
Office of the General Counsel, and the U.S. Customs Service),
the Department of State, and components of the Department of
Justice.
6. The Taliban continues to provide Usama bin Ladin and his
organization, Al-Qaida, with safe haven and security allowing
him the necessary freedom to operate, despite 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. The
Taliban also allows Usama bin Laden to make repeated public
threats against the United States, to operate a network of
terrorist training camps, and to use Afghanistan as a base from
which to sponsor terrorist acts abroad. For these reasons, the
Taliban actions pose an unusual threat to international
security.
Available information confirms that bin Laden's
organization, working with other terrorist groups, continues
actively to plan attacks on Americans and others. Reliable
evidence also indicates that the bin Laden network seeks to
acquire weapons of mass destruction, including chemical
weapons.
The international community recognized the need to take
action against the Taliban for its harboring of Usama bin Ladin
in the unanimous adoption of UN Security Council Resolution
1267, which freezes funds and other financial resources of the
Taliban and prohibits Taliban-associated flights.
I shall continue to exercise the powers at my disposal to
apply economic sanctions against the Taliban in Afghanistan as
long as these measures are appropriate, and will continue to
report periodically to the Congress on significant developments
pursuant to 50 U.S.C. 1703(c).