[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Presidential Documents]
[Pages 32315-32322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13694]



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Part VI





The President





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Executive Order 13304--Termination of Emergencies With Respect to 
Yugoslavia and Modification of Executive Order 13219 of June 26, 2001
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  Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13304 of May 28, 2003

                
Termination of Emergencies With Respect to 
                Yugoslavia and Modification of Executive Order 13219 of 
                June 26, 2001

                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, as amended (50 U.S.C. 1701 et seq.) 
                (IEEPA), the National Emergencies Act (50 U.S.C. 1601 
                et seq.) (NEA), section 5 of the United Nations 
                Participation Act of 1945, as amended (22 U.S.C. 287c) 
                (UNPA), and section 301 of title 3, United States Code,

                I, GEORGE W. BUSH, President of the United States of 
                America, have determined that the situations that gave 
                rise to the declarations of national emergencies in 
                Executive Order 12808 of May 30, 1992, and Executive 
                Order 13088 of June 9, 1998, with respect to the former 
                Socialist Federal Republic of Yugoslavia, have been 
                significantly altered by the peaceful transition to 
                democracy and other positive developments in Serbia and 
                Montenegro (formerly the Federal Republic of Yugoslavia 
                (Serbia and Montenegro)). Accordingly, I hereby 
                terminate the national emergencies declared in those 
                orders and revoke those and all related orders 
                (Executive Orders 12810 of June 5, 1992, 12831 of 
                January 15, 1993, 12846 of April 25, 1993, 12934 of 
                October 25, 1994, 13121 of April 30, 1999, and 13192 of 
                January 17, 2001). At the same time, and in order to 
                take additional steps with respect to continuing, 
                widespread, and illicit actions that obstruct 
                implementation of the Ohrid Framework Agreement of 
                2001, relating to Macedonia, United Nations Security 
                Council Resolution 1244 of June 10, 1999, relating to 
                Kosovo, or the Dayton Accords or the Conclusions of the 
                Peace Implementation Conference Council held in London 
                on December 8-9, 1995, including the decisions or 
                conclusions of the High Representative, the Peace 
                Implementation Council or its Steering Board, relating 
                to Bosnia and Herzegovina, including the harboring of 
                individuals indicted by the International Criminal 
                Tribunal for the former Yugoslavia, and the national 
                emergency described and declared in Executive Order 
                13219 of June 26, 2001, I hereby order:

                Section 1. Pursuant to section 202 of the NEA (50 
                U.S.C. 1622), termination of the national emergencies 
                declared in Executive Order 12808 of May 30, 1992, and 
                Executive Order 13088 of June 9, 1998, shall not affect 
                any action taken or proceeding pending not finally 
                concluded or determined as of the effective date of 
                this order, or any action or proceeding based on any 
                act committed prior to such date, or any rights or 
                duties that matured or penalties that were incurred 
                prior to such date. Pursuant to section 207 of IEEPA 
                (50 U.S.C. 1706), I hereby determine that the 
                continuation of prohibitions with regard to 
                transactions involving any property blocked pursuant to 
                Executive Orders 12808 or 13088 that continues to be 
                blocked as of the effective date of this order is 
                necessary on account of claims involving successor 
                states to the former Socialist Federal Republic of 
                Yugoslavia or other potential claimants.

                Sec. 2. The Annex to Executive Order 13219 of June 26, 
                2001, is replaced and superseded in its entirety by the 
                Annex to this order.

                Sec. 3. (a) Section 1(a) and 1(b) of Executive Order 
                13219 are revised to read as follows:

                ``Section 1. (a) Except to the extent provided in 
                section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 
                1702(b)(1), (3), and (4)), and the Trade Sanctions 
                Reform and Export Enhancement Act of 2000 (Title IX, 
                Public Law 106-

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                387), 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 of this order, all property and interests in 
                property of:

                    (i) the persons listed in the Annex to this order; 
                and
                    (ii) persons designated by the Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                because they are determined:
                    (A) to be under open indictment by the 
                International Criminal Tribunal for the former 
                Yugoslavia, unless circumstances warrant otherwise, or
                    (B) to have committed, or to pose a significant 
                risk of committing, acts of violence that have the 
                purpose or effect of threatening the peace in or 
                diminishing the stability or security of any area or 
                state in the Western Balkans region, undermining the 
                authority, efforts, or objectives of international 
                organizations or entities present in the region, or 
                endangering the safety of persons participating in or 
                providing support to the activities of those 
                international organizations or entities, or
                    (C) to have actively obstructed, or pose a 
                significant risk of actively obstructing, the Ohrid 
                Framework Agreement of 2001 relating to Macedonia, 
                United Nations Security Council Resolution 1244 
                relating to Kosovo, or the Dayton Accords or the 
                Conclusions of the Peace Implementation Conference held 
                in London on December 8-9, 1995, including the 
                decisions or conclusions of the High Representative, 
                the Peace Implementation Council or its Steering Board, 
                relating to Bosnia and Herzegovina, or
                    (D) to have materially assisted in, sponsored, or 
                provided financial, material, or technological support 
                for, or goods or services in support of, such acts of 
                violence or obstructionism or any person listed in or 
                designated pursuant to this order, or
                    (E) to be owned or controlled by, or acting or 
                purporting to act directly or indirectly for or on 
                behalf of, any person listed in or designated pursuant 
                to this order, that are or hereafter come within the 
                United States, or that are or hereafter come within the 
                possession or control of United States persons, are 
                blocked and may not be transferred, paid, exported, 
                withdrawn, or otherwise dealt in.
                    (b) I hereby determine that the making of donations 
                of the type specified in section 203(b)(2) of IEEPA (50 
                U.S.C. 1702(b)(2)) by or to persons determined to be 
                subject to the sanctions imposed under this order would 
                seriously impair the ability to deal with the national 
                emergency declared in this order, and hereby prohibit 
                such donations as provided in paragraph (a) of this 
                section.''

                Sec. 4. New sections 7 and 8 are added to Executive 
                Order 13219 to read as follows:

                ``Sec. 7. For those persons listed in the Annex to this 
                order or determined to be subject to the sanctions 
                imposed under this order who might have a 
                constitutional presence in the United States, I have 
                determined that, because of the ability to transfer 
                funds or assets instantaneously, prior notice to such 
                persons of measures to be taken pursuant to this order 
                would render these measures ineffectual. I therefore 
                determine that for these measures to be effective in 
                addressing the national emergency declared in this 
                order, there need be no prior notice of a listing or 
                determination made pursuant to this order.

                Sec. 8. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is authorized to 
                determine, subsequent to the issuance of this order, 
                that circumstances no longer warrant inclusion of a 
                person in the Annex to this order and that such person 
                is therefore no longer covered within the scope of the 
                sanctions set forth herein. Such a determination shall 
                become effective upon publication in the Federal 
                Register.''

                Sec. 5. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                take such actions, including the promulgation

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                of rules and regulations, and to employ all powers 
                granted to the President 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 authority to carry out the 
                provisions of this order and, where appropriate, to 
                advise the Secretary of the Treasury in a timely manner 
                of the measures taken.

                Sec. 6. Nothing contained in this order shall create 
                any right or benefit or privilege, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its agencies or 
                instrumentalities, its officers or employees, or any 
                other person.

                Sec. 7. This order is effective at 12:01 a.m. eastern 
                daylight time on May 29, 2003. This order shall be 
                transmitted to the Congress and published in the 
                Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    May 28, 2003.

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                [FR Doc. 03-13694 Filed 5-28-03; 12:48 pm]

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