[Congressional Record Volume 140, Number 65 (Monday, May 23, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   PROHIBITION OF CERTAIN TRANSACTIONS WITH HAITI--MESSAGE FROM THE 
                           PRESIDENT--PM 117

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs:

To the Congress of the United States:
  On October 4, 1991, pursuant to the International Emergency Economic 
Powers Act (``IEEPA'') (50 U.S.C. 1703 et seq.) and section 301 of the 
National Emergencies Act (``NEA'') (50 U.S.C. 1601 et seq.), President 
Bush exercised his statutory authority to issue Executive Order No. 
12775 on October 4, 1991, declaring a national emergency and blocking 
Haitian government property.
  On October 28, 1991, pursuant to the above authorities, President 
Bush exercised his statutory authority to issue Executive Order No. 
12779 on October 28, 1991, blocking property of and prohibiting 
transactions with Haiti.
  On June 30, 1993, pursuant to the above authorities, as well as the 
United Nations Participation Act of 1945, as amended (``UNPA'') (22 
U.S.C. 287c), I exercised my statutory authority to issue Executive 
Order No. 12853 of June 30, 1993, to impose additional economic 
measures with respect to Haiti. This latter action was taken, in part, 
to ensure that the economic measures taken by the United States with 
respect to Haiti would fulfill its obligations under United Nations 
Security Council Resolution 841 of June 16, 1993.
  On October 18, 1993, pursuant to the IEEPA and the NEA, I again 
exercised my statutory authority to issue Executive Order No. 12872 of 
October 18, 1993, blocking property of various persons with respect to 
Haiti.
  On May 6, 1994, the United Nations Security Council adopted 
Resolution 917, calling on Member States to take additional measures to 
tighten the embargo against Haiti. On May 7, 1994, pursuant to the 
above authorities, I exercised my statutory authority and issued 
Executive Order No. 12914 of May 7, 1994, to impose additional economic 
measures with respect to Haiti. This latter action was taken, in part, 
to ensure that the economic measures taken by the United States with 
respect to Haiti would fulfill its obligations under the provisions of 
United Nations Security Resolution 917 that were effective immediately 
under that Resolution.
  United Nations Security Council Resolution 917 contains several 
provisions required to become effective no later than May 21, 1994, to 
further tighten the embargo against Haiti. These include inter alia, a 
requirement that Member States prohibit importation of Haitian-origin 
products into their territories exported from Haiti after May 21, 1994. 
activities that promote importation or transshipment of such products, 
and dealing by their nationals, flag vessels, or aircraft in such 
products. In addition, the Resolution requires Member States to prevent 
the sale or supply of products to Haiti by their nationals or from 
their territories or using their flag vessels or aircraft, and 
activities that promote such sale or supply, with certain exceptions 
for humanitarian needs and trade in informational materials.
  This new Executive order:
  --bans importation into the United States of goods or services of 
    Haitian origin exported after May 21, 1994, or activities that 
    promote or are intended to promote such importation, except for 
    informational materials;
  --prohibits activities by U.S. persons or from the United States that 
    promote exportation of transshipment of goods or Haitian origin 
    exported after May 21, 1994, except for informational materials;
  --prohibits dealings by U.S. persons or in the United States or using 
    U.S.-registered vessels or aircraft in goods of Haitian origin 
    exported after May 21, 1994, except for informational materials;
  --prohibits the sale, supply, or exportation by U.S. persons or from 
    the United States, or using U.S.-registered vessels or aircraft, of 
    any goods to Haiti or in connection with Haitian businesses, or 
    activities by U.S. persons or in the United States that promote 
    such sale, supply, or exportation, except for informational 
    materials, certain foodstuffs, and medicines and medical supplies;
  --prohibits any transactions that evades or avoids or has the purpose 
    of evading or avoiding, or attempts to violate, any of the 
    prohibitions of this order; and
  --authorizes the Secretary of the Treasury, in consultation with the 
    Secretary of State, to issue regulations implementing the 
    provisions of the Executive order.
  The new Executive order is necessary to implement certain provisions 
of United Nations Security Council Resolution 917 of May 6, 1994, which 
take effect no later than May 21, 1994, and require additional measures 
to tighten the embargo against Haiti with the goal of the restoration 
of democracy in that nation and the prompt return of the legitimately 
elected President, Jean-Bertrand Aristide, under the framework of the 
Governors Island Agreement.
  I am providing this notice to the Congress pursuant to section 204(b) 
of the IEEPA (50 U.S.C. 1703(b)) and section 301 of the NEA (50 U.S.C. 
1631). I am enclosing a copy of the Executive order that I have issued.
                                                  William J. Clinton.  
  The White House, May 21, 1994.

                          ____________________