[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Presidential Documents]
[Pages 7379-7385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2138]


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  Federal Register / Vol. 66, No. 15 / Tuesday, January 23, 2001 / 
Presidential Documents  

[[Page 7379]]


                Executive Order 13192 of January 17, 2001

                
Lifting and Modifying Measures With Respect to 
                the Federal Republic of Yugoslavia (Serbia and 
                Montenegro)

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the 
                National Emergencies Act (50 U.S.C. 1601 et seq.), 
                section 5 of the United Nations Participation Act of 
                l945, as amended (22 U.S.C. 287c) (UNPA), and section 
                301 of title 3, United States Code, and in view of 
                United Nations Security Council Resolution 827 of May 
                25, 1993 (UNSCR 827), and subsequent resolutions,

                I, WILLIAM J. CLINTON, President of the United States 
                of America, found in Executive Order 13088 of June 9, 
                1998, that the actions and policies of the Governments 
                of the Federal Republic of Yugoslavia (Serbia and 
                Montenegro) (the ``FRY (S&M)'') and the Republic of 
                Serbia with respect to Kosovo, by promoting ethnic 
                conflict and human suffering, threatened to destabilize 
                countries of the region and to disrupt progress in 
                Bosnia and Herzegovina in implementing the Dayton peace 
                agreement, and therefore constituted an unusual and 
                extraordinary threat to the national security and 
                foreign policy of the United States. I declared a 
                national emergency to deal with that threat and ordered 
                that economic sanctions be imposed with respect to 
                those governments. I issued Executive Order 13121 of 
                April 30, 1999, in response to the continuing human 
                rights and humanitarian crises in Kosovo. That order 
                revised and substantially expanded the sanctions 
                imposed pursuant to Executive Order 13088.

                In view of the peaceful democratic transition begun by 
                President Vojislav Kostunica and other newly elected 
                leaders in the FRY (S&M), the promulgation of UNSCR 827 
                and subsequent resolutions calling for all states to 
                cooperate fully with the International Criminal 
                Tribunal for the former Yugoslavia, the illegitimate 
                control over FRY (S&M) political institutions and 
                economic resources or enterprises exercised by former 
                President Slobodan Milosevic, his close associates and 
                other persons, and those individuals' capacity to 
                repress democracy or perpetrate or promote further 
                human rights abuses, and in order to take steps to 
                counter the continuing threat to regional stability and 
                implementation of the Dayton peace agreement and to 
                address the national emergency described and declared 
                in Executive Order 13088, I hereby order:

                Section 1. Amendments to Executive Order 13088. (a) 
                Section 1 of Executive Order 13088 of June 9, 1998, as 
                revised by section 1(a) of Executive Order 13121 of 
                April 30, l999, is revised to read as follows:

                ``Section 1. (a) Except to the extent provided in 
                section 203(b) of IEEPA (50 U.5.C. 1702(b)), and in 
                regulations, orders, directives, or licenses that may 
                hereafter be issued pursuant to this order, and 
                notwithstanding any contract entered into or any 
                license or permit granted prior to the effective date, 
                I hereby order blocked all property and interests in 
                property that are or hereafter come within the United 
                States or that are or hereafter come within the 
                possession or control of United States persons, of:

                 (i) any person listed in the Annex to this order; and

                 (ii) any person determined by the Secretary of the 
                Treasury, in consultation with the Secretary of State:

[[Page 7380]]

                 (A) to be under open indictment by the International 
                Criminal Tribunal for the former Yugoslavia, subject to 
                applicable laws and procedures;

                 (B) to have sought, or to be seeking, through 
                repressive measures or otherwise, to maintain or 
                reestablish illegitimate control over the political 
                processes or institutions or the economic resources

                 or enterprises of the Federal Republic of Yugoslavia, 
                the Republic of Serbia, the Republic of Montenegro, or 
                the territory of Kosovo;

                 (C) to have provided material support or resources to 
                any person designated in or pursuant to section 1(a) of 
                this order; or

                 (D) to be owned or controlled by or acting or 
                purporting to act directly or indirectly for or on 
                behalf of any person designated in or pursuant to 
                section 1(a) of this order.

                 (b) All property and interests in property blocked 
                pursuant to this order prior to 12:01 a.m., eastern 
                standard time, on January 19, 2001, shall remain 
                blocked except as otherwise authorized by the Secretary 
                of the Treasury.''

                    (b) Section 2 of Executive Order 13088, as replaced 
                by section 1(b) of Executive Order 13121, is revoked 
                and a new section 2 is added to read as follows:

                ``Sec. 2. Further, except to the extent provided in 
                section 203(b) of IEEPA (50 U.S.C. 1702(b)), and in 
                regulations, orders, directives, or licenses that may 
                hereafter be issued pursuant to this order, and 
                notwithstanding any contract entered into or any 
                license or permit granted prior to the effective date, 
                I hereby prohibit any transaction or dealing by a 
                United States person or within the United States in 
                property or interests in property of any person 
                designated in or pursuant to section 1(a) of this 
                order.''

                    (c) Section 3 of Executive Order 13088 is revoked.
                    (d) Section 4 of Executive Order 13088, as revised 
                by section 1(c) of Executive Order 13121, is renumbered 
                and revised to read as follows:

                ``Sec. 3. Any transaction by a United States person 
                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 is prohibited. Any conspiracy 
                formed to violate the prohibitions of this order is 
                prohibited.''

                    (e) Section 5 of Executive Order 13088 is 
                renumbered and revised to read as follows:

                ``Sec. 4. For the purposes of this order:

                    (a) The term ``person'' means an individual or 
                entity;
                    (b) The term ``entity'' means a partnership, 
                association, trust, joint venture, corporation or other 
                organization; and
                    (c) The term ``United States person'' means any 
                United States citizen, permanent resident alien, entity 
                organized under the laws of the United States or any 
                jurisdiction within the United States (including 
                foreign branches), or any person in the United 
                States.''
                    (f) Section 6 of Executive Order 13088 is 
                renumbered and revised to read as follows:

                ``Sec. 5. The Secretary of the Treasury, in 
                consultation with the Secretary of State, is hereby 
                authorized to take such actions, including the 
                promulgation of rules and regulations, and to employ 
                all powers granted to me by IEEPA and UNPA, as may be 
                necessary to carry out the purposes of this order. The 
                Secretary of the Treasury may redelegate any of these 
                functions to other officers and agencies of the United 
                States Government. All agencies of the United States 
                Government are hereby directed to take all appropriate 
                measures within their statutory authority to carry out 
                the provisions of this order.''

                    (g) A new section 6 is added to Executive Order 
                13088 to read as follows:

[[Page 7381]]

                ``Sec. 6. The Secretary of the Treasury, in 
                consultation with the Secretary of State, is hereby 
                authorized to remove any person from the Annex to this 
                order as circumstances warrant.''

                    (h) Section 7 of Executive Order 13088, as revised 
                by section 1(d) of Executive Order 13121, is revoked.

                Sec. 2. Preservation of Authorities. Nothing in this 
                order is intended to affect the continued effectiveness 
                of any rules, regulations, orders, licenses, or other 
                forms of administrative action issued, taken, or 
                continued in effect heretofore or hereafter under 
                Executive Order 13088, Executive Order 13121, or the 
                authority of IEEPA or UNPA, except as hereafter 
                terminated, modified, or suspended by the issuing 
                Federal agency.

                Sec. 3. No Rights or Privileges Conferred. This order 
                is not intended to create, nor does it create, any 
                right, benefit, or privilege, substantive or 
                procedural, enforceable at law by a party against the 
                United States, its agencies, officers, or any other 
                person.

                Sec. 4. (a) Effective Date. This order is effective at 
                12:01 a.m. eastern standard time on January 19, 2001.

                 (b) Transmittal; Publication. This order shall be 
                transmitted to the Congress and published in the 
                Federal Register.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     January 17, 2001.

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[FR Doc. 01-2138
Filed 1-22-01; 8:45 am]

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