[Congressional Record Volume 144, Number 33 (Monday, March 23, 1998)]
[Senate]
[Pages S2417-S2418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   REPORT CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO ANGOLA--
                   MESSAGE FROM THE PRESIDENT--PM 114

  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:
  I hereby report to the Congress on the developments since my last 
report of September 24, 1997, concerning the national emergency with 
respect to Angola that was declared in Executive Order 12865 of 
September 26, 1993. 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, 50 U.S.C. 1703(c).
  On September 26, 1993, I declared a national emergency with respect 
to the National Union for the Total Independence of Angola (``UNITA''), 
invoking the authority, inter alia, of the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations 
Participation Act of 1945 (22 U.S.C. 287c). Consistent with United 
Nations Security Council Resolution (``UNSCR'') 864, dated September 
15, 1993, the order prohibited the sale or supply by United States 
persons or from the United States, or using U.S.-registered vessels or 
aircraft, of arms and related material of all types, including weapons 
and ammunition, military vehicles, equipment and spare parts, and 
petroleum and petroleum products to the territory of Angola other than 
through designated points of entry. The order also prohibited such sale 
or supply to UNITA. United States persons are prohibited from 
activities that promote or are calculated to promote such sales or 
supplies, or from attempted violations, or from evasion or avoidance or 
transactions that have the purpose of evasion or avoidance, of the 
stated prohibitions. The order authorized the Secretary of the 
Treasury, in consultation with the Secretary of State, to take such 
actions, including the promulgation of rules and regulations, as might 
be necessary to carry out the purposes of the order.
  1. On December 10, 1993, the Department of the Treasury's Office of 
Foreign Assets Control (OFAC) issued the UNITA (Angola) Sanctions 
Regulations (the ``Regulations'') (58 Fed. Reg. 64904) to implement the 
imposition of sanctions against UNITA. The Regulations prohibit the 
sale or supply by United States persons or from the United States, or 
using U.S.-registered vessels or aircraft, of arms and related materiel 
of all types, including weapons and ammunition, military vehicles, 
equipment and spare parts, and petroleum and petroleum products to 
UNITA or to the territory of Angola other than through designated 
points. United States persons are also prohibited from activities that 
promote or are calculated to promote such sales or supplies to UNITA or 
Angola, or from any transaction by any United States persons that 
evades or avoids, or has the purpose of evading or avoiding, or 
attempts to violate, any of the prohibitions set forth in the Executive 
order. Also prohibited are transactions by United States persons, or 
involving the use of U.S.-registered vessels or aircraft, relating to 
transportation to Angola or UNITA of goods the exportation of which is 
prohibited.

  The Government of Angola has designated the following points of entry 
as points in Angola to which the articles otherwise prohibited by the 
Regulations may be shipped: Airports: Luanda and Katumbela, Benguela 
Province; Ports: Luanda and Lobito, Benguela Province; and Namibe, 
Namibe Province; and Entry Points: Malongo, Cabinda Province. Although 
no specific license is required by the Department of the Treasury for 
shipments to these designated points of entry (unless the item is 
destined for UNITA), any such exports remain subject to the licensing 
requirements of the Departments of State and/or Commerce.
  2. On August 28, 1997, the United Nations Security Council adopted 
UNSCR 1127, expressing its grave concern at the serious difficulties in 
the peace process, demanding that the Government of Angola and in 
particular UNITA comply fully and completely with those obligations, 
and imposing additional sanctions against UNITA. Subsequently, the 
Security Council adopted UNSCR 1130 postponing the effective date of 
measures specified by UNSCR 1127 until 12:01 a.m., eastern standard 
time, October 30, 1997, at which time they went into effect.
  On December 12, 1997, I issued Executive Order 13069 to implement in 
the United States the provisions of UNSCRs 1127 and 1130 (62 Fed. Reg. 
65989, December 16, 1997). Executive Order 13069 prohibits (a) the 
sale, supply, or making available in any form, by United States persons 
or from the United States or using U.S.-registered vessels or aircraft, 
of any aircraft or aircraft components, regardless of origin; (i) to 
UNITA; (ii) to the territory of Angola other than through a specified 
point of entry; (b) the insurance, engineering, or servicing by United 
States persons or from the United States of any aircraft owned or 
controlled by UNITA; (c) the granting of permission to any aircraft to 
take off from, land in, or overfly the United States if the aircraft, 
as part of the same flight or as a continuation of that flight, is 
destined to land in or has taken off from a place in the territory of 
Angola other than a specified point of entry; (d) the provision or 
making available by United States persons or from the United States of 
engineering and maintenance servicing, the certification of 
airworthiness, the payment of new claims against existing insurance 
contracts, or the provision, renewal, or making available of direct 
insurance with respect to (i) any aircraft registered in Angola other 
than those specified by the Secretary of the Treasury, in consultation 
with the Secretary of State, and other appropriate agencies; (ii) any 
aircraft that entered the territory of Angola other than through a 
specified point of entry; (e) 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. Specific licenses may be issued 
on a case-by-case basis

[[Page S2418]]

authorizing, as appropriate, medical emergency flights or flights of 
aircraft carrying food, medicine, or supplies for essential 
humanitarian needs. Executive Order 13069 became effective at 12:01 
a.m., eastern standard time, December 15, 1997.
  There have been no amendments to the Regulations since my report of 
September 24, 1997.
  3. On December 31, 1997, OFAC issued an order to the Center for 
Democracy in Angola (``CEDA'' or ``CDA'') to immediately close its 
offices in the United States as required by Executive Order 13069. The 
CEDA responded that it had closed its only U.S. office, located in 
Washington, D.C., in compliance with Executive Order 13069.
  The OFAC has worked closely with the U.S. financial and exporting 
communities to assure a heightened awareness of the sanctions against 
UNITA--through the dissemination of publications, seminars, and a 
variety of media, including via the Internet, Fax-on-Demand, special 
fliers, and computer bulletin board information initiated by OFAC and 
posted through the U.S. Department of Commerce and the U.S. Government 
Printing Office. There have been no license applications under the 
program since my last report.
  4. The expenses incurred by the Federal Government in the 6-month 
period from September 26, 1997, through March 25, 1998, that are 
directly attributable to the exercise of powers and authorities 
conferred by the declaration of a national emergency with respect to 
UNITA are about $80,000, most of which represent wage and salary costs 
for Federal personnel. Personnel costs were largely centered in the 
Department of the Treasury (particularly in the Office of Foreign 
Assets Control, the U.S. Customs Service, the Office of the Under 
Secretary for Enforcement, and the Office of the General Counsel) and 
the Department of State (particularly the Office of Southern African 
Affairs).
  I will continue to report periodically to the Congress on significant 
developments, pursuant to 50 U.S.C. 1703(c).
                                                  William J. Clinton.  
  The White House, March 23, 1998.

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