[Congressional Record Volume 146, Number 115 (Monday, September 25, 2000)]
[Senate]
[Pages S9194-S9195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO NATIONAL UNION FOR THE 
 TOTAL INDEPENDENCE OF ANGOLA (UNITA)--MESSAGE FROM THE PRESIDENT--PM 
                                  131

  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:
  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, 50 U.S.C. 1703(c), I transmit herewith a 6-month 
periodic report on the national emergency with respect to the National 
Union for the Total Independence of Angola (UNITA) that was declared in 
Executive Order 12865 of September 26, 1993.
                                                  William J. Clinton.  
                                   The White House, September 25, 2000.

 President's Periodic Report on the National Emergency With Respect to 
      National Union for the Total Independence of Angola (UNITA)

  I hereby report to the Congress on the developments since my last 
report of March 27, 2000, concerning the national emergency with 
respect to UNITA 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''), 
involving 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 U.S. 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. U.S. persons are prohibited from activities which 
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 Treasury Department's Office of Foreign 
Assets Control (``OFAC'') issued the UNITA (Angola) Sanctions 
Regulations, 31 C.F.R. Part 590 (the ``Regulations'') (58 Fed. Reg. 
64904), to implement Executive Order 12865.
  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, on 
September 29, 1997, the Security Council adopted UNSCR 1130 postponing 
the effective date of measures specified by UNSCR 1127 until 12:01 a.m. 
EST, October 30, 1997.

  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), placing additional sanctions on UNITA. 
Effective 12:01 a.m. EST on December 15, 1997, Executive Order 13069 
closed all UNITA offices in the United States and prohibited various 
aircraft-related transactions. Specifically, section 2(a) of Executive 
Order 13069 prohibits the sale, supply, or making available in any form 
by U.S. persons, or from the United States or using U.S.-registered 
vessels or aircraft, of aircraft or aircraft components, regardless of 
their origin, to the territory of Angola, other than through designated 
points of entry, or to UNITA. Section 2(b) prohibits the insurance, 
engineering, or servicing of UNITA aircraft by U.S. persons or from the 
United States. Section 2(c) prohibits the granting of take-off, 
landing, or overflight permission to any aircraft on flights or 
continuations of flights to or from the territory of Angola other than 
to or from designated places in Angola. Section 2(d) prohibits the 
provision of engineering and maintenance servicing, the certification 
of airworthiness, the payment of new insurance claims against existing 
insurance contracts, and the provision, renewal, or making available of 
direct insurance by U.S. person or from the United States with respect 
to any aircraft registered in Angola, except designated aircraft, and 
with respect to any aircraft that has entered the territory of Angola 
other than through designated points of entry.
  On August 18, 1998, I issued Executive Order 13098 (64 Fed. Reg. 
44771, August 20, 1998), placing further sanctions on UNITA, taking 
into account the provisions of United Nations Security Council 
Resolutions 1173 of June 12, 1998, and 1176 of June 24, 1998. These 
additional sanctions went into effect at 12:01 a.m. EDT on August 19, 
1998. Section 1 of Executive Order 13098 blocks all property and 
interests in property of UNITA, designated senior UNITA officials, and 
designated adult members of their immediate families if the property or 
property interests are in the United States, hereafter come within the 
United States, or are or hereafter come within the United States, or 
are or hereafter come within the possession or control of U.S. persons. 
Section 2 of Executive Order 13098 prohibits the importation into the 
United States of all diamonds exported from Angola that are not 
controlled through the Certificate of Origin regime of the Angolan 
Government of Unity and National Reconciliation (the ``GURN''). Section 
2 also prohibits the sale or supply by U.S. persons or from the United 
States or using U.S.-registered vessels or aircraft of equipment used 
in mining, and of motorized vehicles, watercraft, or spare parts for 
motorized vehicles or watercraft, regardless of origin, to the 
territory of Angola other than through a designated point of entry. 
Finally, section 2 prohibits the sale or supply by U.S. persons or from 
the United States or using U.S.-registered vessels or aircraft of 
mining services or ground or waterborne transportation services, 
regardless of their origin, to persons in designated areas of Angola to 
which the GURN's State administration has not been extended.

  On June 25, 1999, pursuant to Executive Order 13098, OFAC amended 
Appendix A to 31 CFR chapter V, which contains the names of blocked 
persons, specially designated nationals, specially designated 
terrorists, foreign

[[Page S9195]]

terrorist organizations, and specially designated narcotics traffickers 
designated pursuant to the various sanctions programs administered by 
OFAC. The amendment adds to Appendix A the names of 10 individuals who 
have been determined to be senior officials of UNITA (64 Fed. Reg. 
34991, June 30, 1999). All property and interests in property of these 
individuals that are in the United States, that come within the United 
States, or that come within the control of U.S. persons are blocked. 
All transactions by U.S. persons or within the United States in 
property or interests in property of these individuals are prohibited 
unless licensed by OFAC.
  On August 12, 1999, OFAC amended the Regulations to implement 
Executive Orders 13069 and 13098 and to make technical and conforming 
changes (64 Fed. Reg. 43924, August 12, 1999). Since the amendments are 
extensive, part 590 was reissued in its entirety. Additional 
prohibitions, definitions, interpretive sections, general licenses, and 
appendices were added to the Regulations to reflect the new sanctions 
imposed in Executive Orders 13069 and 13098, and certain existing 
prohibitions were renumbered. Five new appendixes were added to the 
Regulations.
  2. There have been no amendments to the UNITA (Angola) Sanctions 
Regulations since my last report.
  3. 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. No UNITA bank accounts have been identified in U.S. 
banks. There have been two recent attempts to transfer small amounts of 
funds in which UNITA clearly had an interest; both transfers were 
blocked. In the previous reporting period a U.S. financial institution 
refused to process a suspect transaction. No licenses have been issued 
under the program since my last report.
  4. The expenses incurred by the federal government in the six-month 
period from March 26 through September 2, 2000 that are directly 
attributable to the exercise of powers and authorities conferred by the 
declaration of a national emergency with respect to UNITA are estimated 
at about $100,000, 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 Departments of State (particularly the Office of Southern African 
Affairs) and Commerce.
  I will continue to report periodically to the Congress on significant 
developments, pursuant to 50 U.S.C. 1703(c).

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