[Public Papers of the Presidents of the United States: George H. W. Bush (1992, Book I)]
[April 16, 1992]
[Pages 608-609]
[From the U.S. Government Publishing Office www.gpo.gov]



Letter to Congressional Leaders Reporting on Restrictions on Air Traffic 
To or From Libya

April 16, 1992
Dear Mr. Speaker:  (Dear Mr. President:)
    I have issued an Executive order (copy enclosed) entitled ``Barring 
Overflight, Takeoff, and Landing of Aircraft Flying to or from Libya,'' 
pursuant to my authority under 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.), the National 
Emergencies Act (50 U.S.C. 1601, et seq.), section 1114 of the Federal 
Aviation Act of 1958, as amended (49 U.S.C. App. 1514), section 5 of the 
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c), 
and section 301 of title 3 of the United States Code. I am taking this 
action in implementation of United Nations Security Council Resolution 
No. 748 of March 31, 1992, and in order to take additional steps 
pursuant to the national emergency declared in Executive Order No. 12543 
of January 7, 1986, in consequence of Libya's refusal to hand over the 
two men indicted in the explosion of Pan Am Flight 103 over Lockerbie, 
Scotland, and Libya's continued support for international terrorism. 
This report is being provided pursuant to section 401(b) of the National 
Emergencies Act (50 U.S.C. 1641(b)).
    Security Council Resolution No. 748 imposes mandatory, multilateral 
sanctions by member states against Libya, effective April 15, 1992, if 
certain conditions are not met. Because the United States already 
maintains a comprehensive embargo against Libya pursuant to Executive 
Orders Nos. 12543 and 12544, implemented in the Libyan Sanctions 
Regulations, 31 C.F.R. Part 550, the only provision in Resolution No. 
748 requiring implementation in the United States is that containing 
restrictions on aircraft en route to or from Libya. The Executive order 
provides that no aircraft may ``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 the territory of Libya.''
    U.S. sanctions already cover other measures called for in Resolution 
No. 748, including its prohibitions on the supply of aircraft and 
aircraft components; the engineering or maintenance servicing of Libyan 
aircraft or aircraft components; the certification of airworthiness for 
Libyan aircraft; the insuring of, or payment of new insurance claims 
relating to Libyan aircraft; the provision of arms and related 
materials; the granting of licensing arrangements for the manufacture, 
maintenance, or production of, or maintenance technology for, arms and 
related material; and the furnishing of military advisory services. 
Resolution No. 748 also calls on governments to reduce the number and 
level of Libyan diplomats in their territory; prevent the operation of 
Libyan Arab Airlines offices; and deny entry to or expel Libyan 
nationals who have been denied entry to or expelled from other countries 
for involvement in terrorist activities.
    I have sent the enclosed order fully implementing Resolution No. 748 
to the Federal Register for publication.

[[Page 609]]

    Sincerely,

                                                             George Bush

                    Note: Identical letters were sent to Thomas S. 
                        Foley, Speaker of the House of Representatives, 
                        and Dan Quayle, President of the Senate. The 
                        Executive order is listed in Appendix E at the 
                        end of this volume.