    [Public Papers of the Presidents of the United States: William J. Clinton (1993, Book II)]
    [November 13, 1993]
    [Pages 1991-1995]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders on Haiti
    November 13, 1993

    Dear Mr. Speaker:  (Dear Mr. President:)
        1. In December 1990, the Haitian people elected Jean-Bertrand
    Aristide as their President by an overwhelming margin in a free and fair
    election. The United States praised Haiti's success in peacefully
    implementing its democratic constitutional system and provided
    significant political and economic support to the new government. The
    Haitian military abruptly interrupted the consolidation of Haiti's new
    democracy when in September 1991, it illegally and violently ousted
    President Aristide from office and drove him into exile.
        2. The United States, on its own and with the Organization of
    American States (OAS), immediately imposed sanctions against the illegal
    regime. The United States has also actively supported the efforts of the
    OAS and the United Nations to restore democracy to Haiti and bring about
    President Aristide's return by facilitating negotiations between the
    Haitian parties. The United States and the international community also
    offered material assistance within the context of an eventual negotiated
    settlement of the Haitian crisis to support the return to democracy,
    build constitutional structures, and foster economic well-being.
        3. My last report detailed asset freezes and entry prohibitions that
    I ordered be imposed against individuals associated with the illegal
    regime on June 4. That report also described the imposition of mandatory
    oil, arms, and financial sanctions by the United Nations Security
    Council on June 23 and the tightening of the OAS trade embargo in the
    same period.
        4. Since those events my Administration has intensively supported
    the negotiating process, using the international community's
    determination as expressed in the sanctions to bring about the
    restoration of democracy and return of President Aristide. Our efforts
    bore fruit in the July 3 Governors Island Agreement between President
    Aristide and Haitian military Commander in Chief General Cedras. That
    agreement establishes a comprehensive framework for achievement of our
    policy objectives in Haiti. Progress in implementing its provisions
    permitted the suspension of the United Nations,

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    OAS, and our own targeted sanctions at the end of August.
        5. However, as the date for fulfillment of the final terms of the
    Governors Island Agreement including the return of President Aristide
    neared, violence in Haiti increased and, on October 11, the Haitian
    military and police failed to maintain order necessary for the
    deployment of U.S. and other forces participating in the United Nations
    Mission in Haiti. This Haitian military intransigence led to the
    reimposition of U.N. and OAS sanctions on October 18. That same day, I
    ordered the reimposition of our targeted asset freeze and entry
    prohibition, the scope and reach of which were at the same time
    significantly enhanced.
        6. This report details the measures we have instituted and enforced
    pursuant to the requirements of the International Emergency Economic
    Powers Act. Military refusal to honor obligations incurred in the
    Governors Island Agreement persists to this date. However, I remain
    committed to the restoration of democracy in Haiti and I am confident
    that the application of the measures described in this report will
    significantly buttress our efforts to achieve that outcome.
        7. As noted in my previous report, on June 30, 1993, I issued
    Executive Order No. 12853 to implement in the United States petroleum,
    arms, and financial sanctions mandated by United Nations Security
    Council Resolution No. 841 of June 16, 1993. The order broadened U.S.
    authority to block all property of the de facto regime in Haiti that is
    in the United States or in the possession or control of U.S. persons,
    prohibiting transactions involving Haitian nationals providing
    substantial financial or material contributions to, or doing substantial
    business with, the de facto regime in Haiti. Executive Order No. 12853
    also prohibited the sale or supply from the United States of petroleum,
    petroleum products, arms, or related materiel of all types. Finally, the
    order also prohibited the carriage on U.S.-registered vessels of
    petroleum or petroleum products, or arms and related materiel, with
    entry into, or with the intent to enter, the territory or territorial
    waters of Haiti.
        Apparent steady progress toward achieving my firm goal of restoring
    democracy in Haiti permitted the United States and the world community
    to suspend economic sanctions against Haiti in August. With our strong
    support, the United Nations Security Council adopted Resolution No. 861
    on August 27, 1993, calling on Member States to suspend the petroleum,
    arms, and financial sanctions imposed under United Nations Security
    Council Resolution No. 841. Resolution No. 861 noted with approval the
    Governors Island Agreement signed in New York on July 3 between the
    President of the Republic of Haiti, Jean-Bertrand Aristide, and the
    Commander in Chief of the Armed Forces of Haiti, Lieutenant General
    Raoul Cedras. Similarly, the Secretary General of the OAS announced on
    August 27 that the OAS was urging Member States to suspend their trade
    embargoes.
        As a result of these U.N. and OAS actions and the anticipated
    swearing-in of Prime Minister Robert Malval, the Department of the
    Treasury, in consultation with the Department of State, suspended U.S.
    trade and financial restrictions against Haiti, effective at 9:35 a.m.
    e.d.t. on August 31, 1993. The suspension permitted new trade
    transactions with Haiti and authorized new financial and other
    transactions involving property in which the Government of Haiti has an
    interest. Property of the Government of Haiti that was blocked before
    August 31 would be unblocked gradually and when requested by that
    government. However, property of blocked individuals of the de facto
    regime in Haiti was unblocked as of August 31, 1993.
        The Haitian military betrayed its commitments, first by the
    acceleration of violence in Haiti that it sponsored or tolerated, and
    then on October 11 when armed ``attaches,'' with military and police
    support, obstructed deployment to Haiti of U.S. military trainers and
    engineers as part of the United Nations Mission in Haiti. On October 13,
    1993, the U.N. Security Council issued Resolution No. 873 that
    terminated the suspension of sanctions, effective October 18, 1993.
    Therefore, we have taken three steps to bring the sanctions to bear once
    again on those who are obstructing the restoration of democracy and
    return of President Aristide by blocking fulfillment of the Governors
    Island Agreement and implementation of the relevant U.N. Security
    Council resolutions.
        First, effective at 11:59 p.m. e.d.t., October 18, 1993, I issued
    Executive Order No. 12872, authorizing the Department of the Treasury to
    block assets of persons who have: (1) contributed to the obstruction of
    U.N. resolutions 841 and 843, the Governors Island Agreement, or the
    activities of the United Nations Mission in

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    Haiti; (2) perpetuated or contributed to the violence in Haiti; or (3)
    materially or financially supported either the obstruction or the
    violence referred to above. This authority is in addition to the
    blocking authority provided for in the original sanctions and in
    Executive Order No. 12853 of June 30, 1993, and ensures adequate scope
    to reach U.S.-connected assets of senior military and police officials,
    civilian ``attaches,'' and their financial patrons. A list of 41 such
    individuals was published on November 1, 1993, by the Office of Foreign
    Assets Control of the Department of the Treasury (58 Fed. Reg. 58482). A
    copy of the notice is attached.
        Second, also effective at 11:59 p.m. e.d.t., October 18, 1993, the
    Department of the Treasury revoked the suspension of its sanctions, so
    that the full scope of prior prohibitions has been reinstated. The
    reinstated sanctions again prohibit most unlicensed trade with Haiti and
    block the assets of those entities and persons covered by the broadened
    authority granted in Executive Order No. 12853 of June 16, 1993.
    Restrictions on the entry into U.S. ports of vessels whose Haitian calls
    would violate U.S. or OAS sanctions if they had been made by U.S.
    persons are also reinstated.
        Third, on October 18, I ordered the deployment of six U.S. Navy
    vessels off Haiti's shore to enforce strictly the U.N. sanctions and our
    regulations implementing the OAS embargo. Our ships have been, or will
    shortly be, joined by vessels from the navies of Canada, France,
    Argentina, the Netherlands, and the United Kingdom.
        8. Economic sanctions against the de facto regime in Haiti were
    first imposed in October 1991. On October 4, 1991, in Executive Order
    No. 12775, President Bush declared a national emergency to deal with the
    threat to the national security, foreign policy, and economy of the
    United States caused by events that had occurred in Haiti to disrupt the
    legitimate exercise of power by the democratically elected government of
    that country (56 Fed. Reg. 50641). In that order, the President ordered
    the immediate blocking of all property and interests in property of the
    Government of Haiti (including the Banque de la Republique d'Haiti) then
    or thereafter located in the United States or within the possession or
    control of a U.S. person, including its overseas branches. The Executive
    order also prohibited any direct or indirect payments or transfers to
    the de facto regime in Haiti of funds or other financial or investment
    assets or credits by any U.S. person, including its overseas branches,
    or by any entity organized under the laws of Haiti and owned or
    controlled by a U.S. person.
        Subsequently, on October 28, 1991, President Bush issued Executive
    Order No. 12779, adding trade sanctions against Haiti to the sanctions
    imposed on October 4 (56 Fed. Reg. 55975). This order prohibited
    exportation from the United States of goods, technology, and services
    and importation into the United States of Haitian-originated goods and
    services, after November 5, 1991, with certain limited exceptions. The
    order exempted trade in publications and other informational materials
    from the import, export, and payment prohibitions and permitted the
    exportation to Haiti of donations to relieve human suffering as well as
    commercial sales of five food commodities: rice, beans, sugar, wheat
    flour, and cooking oil. In order to permit the return to the United
    States of goods being prepared for U.S. customers by Haiti's substantial
    ``assembly sector,'' the order also permitted, through December 5, 1991,
    the importation into the United States of goods assembled or processed
    in Haiti that contained parts or materials previously exported to Haiti
    from the United States. On February 5, 1992, it was announced that
    specific licenses could be applied for on a case-by-case basis by U.S.
    persons wishing to resume a pre-embargo import/export relationship with
    the assembly sector in Haiti.
        9. The declaration of the national emergency on October 4, 1991, was
    made pursuant to the authority vested in the President by the
    Constitution and laws of the United States, including the International
    Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.), the
    National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
    title 3 of the United States Code. The emergency declaration was
    reported to the Congress on October 4, 1991, pursuant to section 204(b)
    of IEEPA (50 U.S.C. 1703(b)). The additional sanctions set forth in the
    Executive order of October 28, 1991, were imposed pursuant to the
    authority vested in the President by the Constitution and laws of the
    United States, including the statutes cited above, and represent the
    response by the United States to Resolution MRE/RES. 2/91, adopted by
    the Ad Hoc Meeting of Ministers of Foreign Affairs of the OAS on October
    8, 1991, which called on Member States to impose a trade embargo

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    on Haiti and to freeze Government of Haiti assets. The current report is
    submitted pursuant to 50 U.S.C. 1641(c) and 1703(c), and discusses
    Administration actions and expenses since the last report that are
    directly related to the national emergency with respect to Haiti
    declared in Executive Order No. 12775, as implemented pursuant to that
    order and Executive Order No. 12779.
        10. Since my report of July 12, 1993, the Office of Foreign Assets
    Control of the Department of the Treasury (FAC), in consultation with
    the Department of State and other Federal agencies, has issued three
    amendments to the Haitian Transactions Regulations (the
    ``Regulations''), 31 C.F.R. Part 580. First, as previously reported, on
    June 4, 1993, FAC issued General Notice No. 1 (Haiti), entitled
    ``Notification of Specially Designated Nationals of the de facto Regime
    in Haiti.'' This Notice listed persons identified as (1) having seized
    power illegally from the democratically elected government of President
    Aristide on September 30, 1991; (2) being substantially owned or
    controlled by the de facto regime in Haiti; or (3) having, since 12:23
    p.m. e.d.t., October 4, 1991, acted or purported to act directly or
    indirectly on behalf of the de facto regime in Haiti on under the
    asserted authority thereof. The effect of the Notice was (1) to block
    within the United States or within the possession or control of U.S.
    persons all property and interests in property of the blocked
    individuals and entities and (2) to prohibit transfers or payments to
    them by U.S. persons. The Regulations were amended on July 27, 1993, to
    incorporate as Appendix A the list of persons and entities identified in
    General Notice No. 1 (58 Fed. Reg. 40043). A copy of the amendment is
    attached to this report.
        Second, consistent with United Nations Security Council Resolution
    No. 861 of August 27, 1993, and the August 27, 1993, announcement of the
    Secretary General of the OAS, the Regulations were amended on August 31,
    1993, (58 Fed. Reg. 46540) to suspend sanctions against Haiti. A copy of
    the amendment is attached to this report. The amendment, new section
    580.518, prospectively suspended trade restrictions against Haiti and
    authorized new financial and other transactions with the Government of
    Haiti. The effect of this amendment was to authorize transactions
    involving property interests of the Government of Haiti that came within
    the United States or within the possession or control of U.S. persons
    after 9:35 a.m. e.d.t., August 31, 1993, or in which the interest of the
    Government of Haiti arose thereafter. Newly authorized transactions
    included, but were not limited to, otherwise lawful exportations and
    importations from Haiti, brokering transactions, and transfers of funds
    to the Government of Haiti for obligations due and payable after 9:35
    a.m. e.d.t., August 31, 1993.
        The amendment did not unblock property of the Government of Haiti
    that was blocked as of 9:35 a.m. e.d.t., August 31, 1993, nor did it
    affect enforcement actions involving prior violations of the
    Regulations, which would continue to be vigorously prosecuted. Blocked
    property of the Government of Haiti was to be unblocked by specific
    license on a case-by-case basis in consultations with that government.
    However, the amendment unblocked all blocked property of the Banque de
    l'Union Haitienne and of all individuals previously listed in Section I
    of Appendix A to the Regulations.
        Third, as noted previously, consistent with United Nations Security
    Council Resolution No. 873 of October 13, 1993, and Executive Order No.
    12872 (58 Fed. Reg. 54029, October 20, 1993), the Regulations were
    amended effective 11:59 p.m. e.d.t., October 18, 1993 (58 Fed. Reg.
    54024), to reimpose sanctions against Haiti. A copy of the Executive
    order and of the amendment are attached to this report. The amendment
    removes section 580.518, discussed above.
        11. In implementing the Haitian sanctions program, FAC has made
    extensive use of its authority to specifically license transactions with
    respect to Haiti in an effort to mitigate the effects of the sanctions
    on the legitimate Government of Haiti and on the livelihood of Haitian
    workers employed by Haiti's export assembly sector, and to ensure the
    availability of necessary medicines and medical supplies and the
    undisrupted flow of humanitarian donations to Haiti's poor. For example,
    specific licenses were issued (1) permitting expenditures from blocked
    assets for the operations of the legitimate Government of Haiti; (2)
    permitting U.S. firms with pre-embargo relationships with product
    assembly operations in Haiti to resume those relationships in order to
    continue employment for their workers or, if they choose to withdraw
    from Haiti, to return to the United States assembly equipment,
    machinery, and parts and materials previously exported to Haiti; (3)
    permitting U.S.

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    companies operating in Haiti to establish, under specified
    circumstances, interest-bearing blocked reserve accounts in commercial
    or investment banking institutions in the United States for deposit of
    amounts owed the de facto regime; (4) permitting the continued material
    support of U.S. and international religious, charitable, public health,
    and other humanitarian organizations and projects operating in Haiti;
    (5) authorizing commercial sales of agricultural inputs such as
    fertilizer and foodcrop seeds; and (6) in order to combat deforestation,
    permitting the importation of agricultural products grown on trees.
        12. During this reporting period, U.S.-led OAS initiatives resulted
    in even greater intensification and coordination of enforcement
    activities. The U.S. Coast Guard, whose cutters had been patrolling just
    beyond Haiti's territorial waters, significantly increased vessel
    boardings, identification of suspected embargo violators, and referrals
    for investigation. Continued close coordination with the U.S. Customs
    Service in Miami sharply reduced the number of attempted exports of
    unmanifested, unauthorized merchandise.
        Since the last report, 16 penalties, totaling approximately $65,000,
    have been collected from U.S. businesses and individuals for violations
    of the Regulations. Seven violations involved unlicensed import- and
    export-related activity. As of September 21, 1993, payments of penalties
    assessed against the masters of vessels for unauthorized trade
    transactions or violations of entry restrictions totalled approximately
    $45,000. Total collections for the fiscal year have exceeded $210,000.
        13. The expenses incurred by the Federal Government in the 6-month
    period from April 4, 1993, through October 3, 1993, that are directly
    attributable to the authorities conferred by the declaration of a
    national emergency with respect to Haiti are estimated at approximately
    $3.1 million, most of which represent wage and salary costs for Federal
    personnel. Personnel costs were largely centered in the Department of
    the Treasury (particularly in FAC, the U.S. Customs Service, and the
    Office of the General Counsel), the Department of State, the U.S. Coast
    Guard, and the Department of Commerce.
        I am committed to the restoration of democracy in Haiti and
    determined to see that Haiti and the Haitian people resume their
    rightful place in our hemispheric community of democracies. Active U.S.
    support for U.N./OAS efforts to resolve the Haitian crisis has led to
    the reimposition of sweeping economic sanctions. I call on all of
    Haiti's leaders to recall the solemn undertakings in the Governors
    Island Agreement and to adhere to those pledges, so that the sanctions
    can be lifted and the process of rebuilding their beleaguered country
    can begin. The United States will continue to play a leadership role in
    the international community's program of support and assistance for
    democracy in Haiti.
        I will continue to report periodically to the Congress on
    significant developments pursuant to 50 U.S.C. 1703(c).
        Sincerely,

                                                          William J. Clinton

    Note: Identical letters were sent to Thomas S. Foley, Speaker of the
    House of Representatives, and Albert Gore, Jr., President of the Senate.
    This letter was released by the Office of the Press Secretary on
    November 15.