[House Document 107-223]
[From the U.S. Government Publishing Office]



107th Congress, 2d Session - - - - - - - - - - - House Document 107-223 


 
   CONTINUATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL 
       REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND KOSOVO

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

NOTIFICATION THAT THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO THE 
  FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) IN 1992 AND 
  1998, ARE TO CONTINUE BEYOND MAY 30, 2002 AND JUNE 9, 2002, 
  RESPECTIVELY, PURSUANT TO 50 U.S.C. 1622(d)




June 4, 2002.--Referred to the Committee on International Relations and 
                         ordered to be printed
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-011                    WASHINGTON : 2002

                                           The White House,
                                          Washington, May 27, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)), provides for the automatic 
termination of a national emergency unless, prior to the 
anniversary date of its declaration, the President publishes in 
the Federal Register and transits to the Congress a notice 
stating that the emergency is to continue in effect beyond the 
anniversary date. I have sent the enclosed notice of the 
Federal Register for publication, stating that the national 
emergencies declared with respect to the Federal Republic of 
Yugoslavia (Serbia and Montenegro) (the ``FRY (S&M)'') in 1992 
and 1998, are to continue beyond May 30, 2002, and June 9, 
2002, respectively. The most recent notice continuing these 
emergencies was published in the Federal Register on May 25, 
2001.
    1992 National Emergency. The 1992 national emergency 
involved imposition of economic sanctions first on the FRY 
(S&M), and subsequently, on Bosnia-Serb forces in Bosnia (the 
``Bosnian Serbs''). On December 27, 1995, President Clinton 
issued Presidential Determination 96-7, directing the Secretary 
of the Treasury, inter alia, to suspend the application of 
sanctions imposed on the FRY (S&M) and to continue to block 
property previously blocked until provision is made to address 
claims or encumbrances, including the claims of the other 
successor states of the former Yugoslavia. This sanctions 
relief, in conformity with United Nations Security Council 
Resolution 1022 of November 22, 1995, was an essential factor 
motivating Serbia and Montenegro's acceptance of a peace 
agreement initiated in Dayton on November 21, 1995, and signed 
in Paris on December 14, 1995 (hereinafter the ``Peace 
Agreement'').
    Sanctions against both the FRY (S&M) and the Bosnian Serbs 
were subsequently terminated in conjunction with United Nations 
Security Council Resolution 1074 of October 1, 1996. This 
termination, however, did not end a requirement that those 
blocked funds and assets that are subject to claims and 
encumbrances remain blocked, until unblocked in accordance with 
applicable law.
    Until the status of all remaining blocked property is 
resolved, the Peace Agreement implemented, and the terms of the 
United Nations Security Council Resolution 1022 met, this 
situation continues to pose an unusual and extraordinary threat 
to the national security, foreign policy, and economy of the 
United States. For these reasons, I have determined that it is 
necessary to continue the 1992 national emergency, and the 
measures adopted pursuant thereto, to respond to this threat.
    1998 National Emergency. The 1998 national emergency 
involved sanctions imposed on the FRY (S&M) in response to its 
actions in Kosovo. On January 17, 2001, President Clinton 
issued Executive Order 13192 lifting and modifying, with 
respect to future transactions, most of the economic sanctions 
imposed against the FRY (S&M) with regard to the situation in 
Kosovo. At the same time, the order imposes restrictions on 
transactions with certain persons described in section 1(a) of 
the order, and persons under open indictment for war crimes by 
the International Criminal Tribunal for the Former Yugoslavia 
(ICTY). It also provides for the continued blocking of property 
or interests in property blocked prior to the order's effective 
date due to the need to address claims and encumbrances 
involving such property.
    Because the crisis with respect to the situation in Kosovo, 
and with respect to Slobodan Milosevic, his close associates 
and supporters and persons under open indictment for war crimes 
by the ICTY has not been resolved, and because the status of 
all previously blocked property has yet to be resolved, this 
situation continues to pose an unusual and extraordinary threat 
to the national security and foreign policy of the United 
States. For these reasons, I have determined that the emergency 
declared with respect to Kosovo, and the measures adopted 
pursuant thereto, to respond to this threat must continue 
beyond June 9, 2002.
            Sincerely,
                                                    George W. Bush.
                                 Notice

                              ----------                              


   Continuation of Emergency With Respect to the Federal Republic of 
                   Yugoslavia (Serbia and Montenegro)

    In accordance with section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year 
the national emergency declared on May 30, 1992, with respect 
to the Federal Republic of Yugoslavia (Serbia and Montenegro) 
(the ``FRY (S&M)''), as expanded on October 25, 1994, in 
response to the actions and policies of the Bosnian Serbs. In 
addition, I am continuing for 1 year the national emergency 
declared on June 9, 1998, with respect to the FRY (S&M)'s 
policies and actions in Kosovo. This notice shall be published 
in the Federal Register and transmitted to the Congress.
    On May 30, 1992, by Executive Order 12808, President Bush 
declared a national emergency to deal with the unusual and 
extraordinary threat to the national security, foreign policy, 
and economy of the United States constituted by the actions and 
policies of the Governments of Serbia and Montenegro. Under 
this emergency, President Bush first blocked all property and 
interests in property of the Governments of the FRY (S&M), 
Serbia, and Montenegro and subsequently prohibited trade and 
other transactions with the FRY (S&M).
    On October 25, 1994, President Clinton expanded the scope 
of the national emergency by issuing Executive Order 12934 to 
address the unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States 
posed by the actions and policies of the Bosnian Serb forces 
and the authorities in the territory that they controlled 
within Bosnia and Herzegovina.
    On December 27, 1995, President Clinton issued Presidential 
Determination 96-7, directing the Secretary of the Treasury, 
inter alia, to suspend the application of sanctions imposed on 
the FRY (S&M) pursuant to the above-referenced Executive Orders 
and to continue to block property previously blocked until 
provision is made to address claims or encumbrances, including 
the claims of the other successor states of the former 
Yugoslavia. This sanctions relief, in conformity with United 
Nations Security Council Resolution 1022 of November 22, 1995, 
was an essential factor motivating the FRY (S&M)'s acceptance 
of a peace agreement initialed by the parties in Dayton on 
November 21, 1995, and signed in Paris on December 14, 1995 
(hereinafter the ``Peace Agreement''). Sanctions against both 
the FRY (S&M) and the Bosnian Serb forces were terminated in 
conjunction with United Nations Security Council Resolution 
1074 of October 1, 1996. This termination, however, did not end 
a requirement that those blocked funds and assets that are 
subject to claims or encumbrances remain blocked, until 
unblocked in accordance with applicable law.
    Until the status of all remaining blocked property is 
resolved, the Peace Agreement implemented, and the terms of the 
United Nations Security Council Resolution 1022 met, the 
national emergency declared on May 30, 1992, and the measures 
adopted pursuant thereto to deal with that emergency, must 
continue beyond May 30, 2002.
    On June 9, 1998, by Executive Order 13088, President 
Clinton found that the actions and policies of the FRY (S&M) 
and the Republic of Serbia with respect to Kosovo, constituted 
an unusual and extraordinary threat to the national security 
and foreign policy of the United States. President Clinton 
therefore declared a national emergency to deal with that 
threat.
    On January 17, 2001, President Clinton issued Executive 
order 13192 amending Executive Order 13088 to lift and modify, 
with respect to future transactions, most of the economic 
sanctions imposed against the FRY (S&M). At the same time, 
Executive Order 13192 imposes restrictions on transactions with 
certain persons described in section 1(a) of the order, namely 
persons under open indictment for war crimes by the 
International Criminal Tribunal for the Former Yugoslavia 
(ICTY). It also provides for the continued blocking of poverty 
or interests in property blocked prior to the order's effective 
date due to the need to address claims or encumbrances 
involving such poverty
    Because the crisis with respect to the situation in Kosovo 
and with respect to Slobodan Milosevic, his close associates 
and supporters and persons under open indictment for war crimes 
by the ICTY has not been resolved, and because the status of 
all previously blocked proverty has yet to be resolved, I have 
determined that the national emergency declared on June 9, 
1998, and the measures adopted pursuant thereto to deal with 
that emergency, must continue beyond June 9, 2002.

                                                    George W. Bush.
The White House, May 27, 2002.

                                  
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