[Public Papers of the Presidents of the United States: William J. Clinton (1994, Book II)]
[October 25, 1994]
[Pages 1870-1872]
[From the U.S. Government Publishing Office www.gpo.gov]



Letter to Congressional Leaders on Additional Measures Against the 
Federal Republic of Yugoslavia (Serbia and Montenegro)
October 25, 1994

Dear Mr. Speaker:  (Dear Mr. President:)
    On May 30, 1992, pursuant to the International Emergency Economic 
Powers Act (IEEPA), 50 U.S.C. 1701 et seq., and the National Emergencies 
Act (NEA), 50 U.S.C. 1601 et seq., President Bush exercised his 
statutory authority to issue Executive Order No. 12808, declaring a 
national emergency with respect to the actions and policies of the 
Governments of Serbia and Montenegro and blocking Yugoslav Government 
property.
    On June 5, 1992, pursuant to the above authorities, as well as 
section 1114 of the Federal Aviation Act (49 U.S.C. App. 1514), and 
section

[[Page 1871]]

5 of the United Nations Participation Act of 1945, as amended (UNPA), 
(22 U.S.C. 287c), the President exercised his statutory authority to 
issue Executive Order No. 12810, blocking property of, and prohibiting 
transactions with, the Federal Republic of Yugoslavia (Serbia and 
Montenegro). This latter action was taken to ensure that the economic 
measures taken by the United States with respect to the Federal Republic 
of Yugoslavia (Serbia and Montenegro) conform to United Nations Security 
Council Resolution 757 of May 30, 1992.
    On January 15, 1993, President Bush exercised his statutory 
authority under IEEPA, the UNPA, and the NEA to issue Executive Order 
No. 12831 to impose additional economic measures with respect to the 
Federal Republic of Yugoslavia (Serbia and Montenegro) in accordance 
with United Nations Security Council Resolutions 757 of May 30, 1992, 
and 787 of November 16, 1992. Those additional measures prohibited 
transactions related to transshipments through the Federal Republic of 
Yugoslavia (Serbia and Montenegro), as well as transactions related to 
vessels owned or controlled by persons or entities in the Federal 
Republic of Yugoslavia (Serbia and Montenegro).
    On April 25, 1993, I exercised my statutory authority under IEEPA, 
the UNPA, and the NEA to issue Executive Order No. 12846 to impose 
additional economic measures with respect to the Federal Republic of 
Yugoslavia (Serbia and Montenegro) in accordance with United Nations 
Security Council Resolutions 757 of May 30, 1992, 787 of November 16, 
1992, and 820 of April 17, 1993. These additional measures blocked the 
property of businesses in the Federal Republic of Yugoslavia; charged 
owners or operators of property blocked under Executive Orders Nos. 
12808, 12810, 12831, or 12846 all expenses incident to the blocking and 
maintenance of such property; ordered the detention; pending 
investigation, of all nonblocked vessels suspected of violating United 
Nations Security Council Resolutions 713, 757, 787, or 820 and the 
blocking of such conveyances or cargos if a violation is determined to 
have been committed; prohibited any vessel registered in the United 
States from entering the territorial waters of the Federal Republic of 
Yugoslavia; and prohibited United States persons from engaging in any 
dealings relating to the shipment of goods to, from, or through the 
United Nations Protected Areas in the Republic of Croatia and areas in 
the Republic of Bosnia and Herzegovina under the control of Bosnian Serb 
forces.
    On September 23, 1994, the United Nations Security Council adopted 
Resolution 942, which requires the imposition of additional measures on 
the areas of the Republic of Bosnia and Herzegovina under the control of 
the Bosnian Serb forces due to their refusal to accept the proposed 
territorial settlement of the conflict in the Republic of Bosnia and 
Herzegovina.
    On October 25, 1994, pursuant to the above authorities, I expanded 
the scope of the national emergency declared in Executive Order No. 
12808 to address the unusual and extraordinary threat to the national 
security, foreign policy and economy of the United States posed by the 
actions of the Bosnian Serb forces and the authorities in the areas of 
the Republic of Bosnia and Herzegovina under their control and imposed 
additional measures in those areas to conform to United Nations Security 
Council Resolution 942 (1994).
    The new Executive order:
    --blocks all property and interests in property of (and transactions 
        with): (1) the Bosnian Serb forces and authorities in those 
        areas of the Republic of Bosnia and Herzegovina under the 
        control of those forces; (2) any entity organized or located in 
        the Bosnian Serb-controlled areas; (3) any entity, wherever 
        organized or located, which is owned or controlled directly or 
        indirectly by any person in, or resident in, the Bosnian Serb-
        controlled areas; or (4) any person acting for or on behalf of 
        any person mentioned above;
    --prohibits the exportation or provision of services by United 
        States persons to Bosnian Serb-controlled areas or to any person 
        for the purposes of any business carried out in those areas;
    --prohibits vessels registered in the United States or owned or 
        controlled by United States persons from entering the riverine 
        ports of the Bosnian Serb-controlled areas; and
    --prohibits any transaction that evades or avoids or has the purpose 
        of evading or avoiding, or attempts to violate, any of the 
        prohibitions of the order.
    In addition, this order authorizes the Secretary of the Treasury, in 
consultation with the Secretary of State, to take such actions and to

[[Page 1872]]

employ all powers granted to me by the International Emergency Economic 
Powers Act and the United Nations Participation Act as may be necessary 
to carry out the purposes of the order, including the issuance of 
licenses authorizing transactions otherwise prohibited. The sanctions 
imposed in the order apply notwithstanding any preexisting contracts, 
international agreements, licenses or authorizations.
    The new Executive order is necessary to confirm our commitment to a 
negotiated settlement of the conflict in the former Yugoslavia that 
preserves the territorial integrity of all the states there within their 
internationally recognized borders; to respond to the continued refusal 
of the Bosnian Serb party to accept the proposed territorial settlement 
accepted by the other parties; and to implement mandatory United Nations 
Security Council measures imposed on the Bosnian Serbs under Chapter VII 
of the Charter of the United Nations in order to urge them to accept the 
proposed territorial settlement unconditionally and in full.
    The declaration of the national emergency made by Executive Order 
No. 12808 and the controls imposed under Executive Orders Nos. 12810, 
12831, and 12846, and any other provisions of those orders, to the 
extent that they are not modified by or inconsistent with this new 
order, remain in full force and are unaffected by this order.
    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. 
The Executive order and the related proclamation of October 25 on 
immigration measures with respect to U.N. Security Council Resolution 
942 are listed in Appendix D at the end of this volume.