[House Document 112-88]
[From the U.S. Government Publishing Office]



112th Congress, 2d Session - - - - - - - - - - - - - House Document 112-88


 
      CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO LIBYA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE 
   PROPERTY OF CERTAIN PERSONS WITH RESPECT TO LIBYA, PURSUANT TO 50 
                             U.S.C. 1703(b)





 February 24, 2012.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                           The White House,
                                     Washington, February 23, 2012.
Hon. John Boehner,
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, within 90 days 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress 
a notice stating that the emergency is to continue in effect 
beyond the anniversary date. In accordance with this provision, 
I have sent to the Federal Register for publication the 
enclosed notice stating that the national emergency declared in 
Executive Order 13566 of February 25, 2011, is to continue in 
effect beyond February 25, 2012.
    Colonel Muammar Qadhafi, his government, and close 
associates took extreme measures against the people of Libya, 
including by using weapons of war, mercenaries, and wanton 
violence against unarmed civilians. In addition, there was a 
serious risk that Libyan state assets would be misappropriated 
by Qadhafi, members of his government, members of his family, 
or his close associates if those assets were not protected. The 
foregoing circumstances, the prolonged attacks, and the 
increased numbers of Libyans seeking refuge in other countries 
caused a deterioration in the security of Libya, posed a 
serious risk to its stability, and led me to declare a national 
emergency to deal with this threat to the national security and 
foreign policy of the United States.
    We are in the process of winding down the sanctions in 
response to the many positive developments in Libya, including 
the fall of Qadhafi and his government. We are working closely 
with the new Libyan government and with the international 
community to effectively and appropriately ease restrictions on 
sanctioned entities, including by taking actions consistent 
with the U.N. Security Council's decision to lift sanctions 
against the Central Bank of Libya and two other entities on 
December 16, 2011. However, the situation in Libya continues to 
pose an unusual and extraordinary threat to the national 
security and foreign policy of the United States and we need to 
protect against this threat and the diversion of assets or 
other abuse by certain members of Qadhafi's family and other 
former regime officials. Therefore, I have determined that it 
is necessary to continue the national emergency with respect to 
Libya.
            Sincerely,
                                                      Barack Obama.
                                 Notice

                              ----------                              


      Continuation of the National Emergency With Respect to Libya

    On February 25, 2011, by Executive Order 13566, I declared 
a national emergency pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701-1706) to deal with the 
unusual and extraordinary threat to the national security and 
foreign policy of the United States constituted by Colonel 
Muammar Qadhafi, his government, and close associates who took 
extreme measures against the people of Libya, including by 
using weapons of war, mercenaries, and wanton violence against 
unarmed civilians. In addition, there was a serious risk that 
Libyan state assets would be misappropriated by Qadhafi, 
members of his government, members of his family, or his close 
associates if those assets were not protected. The foregoing 
circumstances, the prolonged attacks, and the increased numbers 
of Libyans seeking refuge in other countries caused a 
deterioration in the security of Libya and posed a serious risk 
to its stability.
    We are in the process of winding down the sanctions in 
response to the many positive developments in Libya, including 
the fall of Qadhafi and his government. We are working closely 
with the new Libyan government and with the international 
community to effectively and appropriately ease restrictions on 
sanctioned entities, including by taking action consistent with 
the U.N. Security Council's decision to lift sanctions against 
the Central Bank of Libya and two other entities on December 
16, 2011. However, the situation in Libya continues to pose an 
unusual and extraordinary threat to the national security and 
foreign policy of the United States and we need to protect 
against this threat and the diversion of assets or other abuse 
by certain members of Qadhafi's family and other former regime 
officials. Therefore, the national emergency declared on 
February 25, 2011, and the measures adopted on that date to 
deal with that emergency, must continue in effect beyond 
February 25, 2012. Therefore, 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 in 
Executive Order 13566.
    This notice shall be published in the Federal Register and 
transmitted to the Congress.
                                                      Barack Obama.
    The White House, February 23, 2012.