    [Public Papers of the Presidents of the United States: William J. Clinton (1997, Book I)]
    [April 3, 1997]
    [Pages 385-387]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders Reporting on the National Emergency With
    Respect to Angola (UNITA)
    April 3, 1997

    Dear Mr. Speaker:  (Dear Mr. President:)
        I hereby report to the Congress on the developments since my last
    report of September 19, 1996, concerning the national emergency with
    respect to Angola that was declared in Executive Order 12865 of
    September 26, 1993. This report is submitted pursuant to section 401(c)
    of the National Emergencies Act, 50 U.S.C. 1641(c),

    [[Page 386]]

    and section 204(c) of the International Emergency Economic Powers Act,
    50 U.S.C. 1703(c).
        On September 26, 1993, I declared a national emergency with respect
    to the National Union for the Total Independence of Angola (``UNITA''),
    invoking the authority, inter alia, of the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations
    Participation Act of 1945 (22 U.S.C. 287c). Consistent with United
    Nations Security Council Resolution 864, dated September 15, 1993, the
    order prohibited the sale or supply by United States persons or from the
    United States, or using U.S.-registered vessels or aircraft, of arms and
    related materiel of all types, including weapons and ammunition,
    military vehicles, equipment and spare parts, and petroleum and
    petroleum products to the territory of Angola other than through
    designated points of entry. The order also prohibited such sale or
    supply to UNITA. United States persons are prohibited from activities
    that promote or are calculated to promote such sales or supplies, or
    from attempted violations, or from evasion or avoidance or transactions
    that have the purpose of evasion or avoidance, of the stated
    prohibitions. The order authorized the Secretary of the Treasury, in
    consultation with the Secretary of State, to take such actions,
    including the promulgation of rules and regulations, as might be
    necessary to carry out the purposes of the order.
        1. On December 10, 1993, the Department of the Treasury's Office of
    Foreign Assets Control (OFAC) issued the UNITA (Angola) Sanctions
    Regulations (the ``Regulations'') (58 Fed. Reg. 64904) to implement my
    declaration of a national emergency and imposition of sanctions against
    UNITA. The Regulations prohibit the sale or supply by United States
    persons or from the United States, or using U.S.-registered vessels or
    aircraft, of arms and related materiel of all types, including weapons
    and ammunition, military vehicles, equipment and spare parts, and
    petroleum and petroleum products to UNITA or to the territory of Angola
    other than through designated points of entry. United States persons are
    also prohibited from activities that promote or are calculated to
    promote such sales or supplies to UNITA or Angola, or from any
    transaction by any United States persons that evades or avoids, or has
    the purpose of evading or avoiding, or attempts to violate, any of the
    prohibitions set forth in the Executive order. Also prohibited are
    transactions by United States persons, or involving the use of U.S.-
    registered vessels or aircraft, relating to transportation to Angola or
    UNITA of goods the exportation of which is prohibited.
        The Government of Angola has designated the following points of
    entry as points in Angola to which the articles otherwise prohibited by
    the Regulations may be shipped: Airports: Luanda and Katumbela, Benguela
    Province; Ports: Luanda and Lobito, Benguela Province; and Namibe,
    Namibe Province; and Entry Points: Malongo, Cabinda Province. Although
    no specific license is required by the Department of the Treasury for
    shipments to these designated points of entry (unless the item is
    destined for UNITA), any such exports remain subject to the licensing
    requirements of the Department of State and/or Commerce.
        There has been one amendment to the Regulations since my report of
    September 19, 1996. The UNITA (Angola) Sanctions Regulations, 31 CFR
    Part 590, were amended on October 21, 1996 (61 Fed. Reg. 54936, October
    23, 1996), to implement section 4 of the Federal Civil Penalties
    Inflation Adjustment Act of 1990, as amended by the Debt Collection
    Improvement Act of 1996, by adjusting for inflation the amount of the
    civil monetary penalties that may be assessed under the Regulations. The
    amendment increases the maximum civil monetary penalty provided in the
    Regulations from $10,000 to $11,000 per violation.
        The amended Regulations also reflect an amendment to 18 U.S.C. 1001
    contained in section 330016(1)(L) of Public Law 103-322, September 13,
    1994; 108 Stat. 2147. The amendment notes the availability of higher
    criminal fines pursuant to the formulas set forth in 18 U.S.C. 3571. A
    copy of the amendment is attached.
        2. The OFAC has worked closely with the U.S. financial community to
    assure a heightened awareness of the sanctions against UNITA--through
    the dissemination of publications, seminars, and notices to electronic
    bulletin boards. This educational effort has resulted in frequent calls
    from banks to assure that they are not routing funds in violation of
    these prohibitions. United States exporters have also been notified of
    the sanctions through a variety of media, including via the Internet,
    Fax-on-Demand, special fliers, and computer bulletin board information
    initiated by OFAC and posted through the U.S. Department of Commerce and
    the U.S.

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    Government Printing Office. There have been no license applications
    under the program since my last report.
        3. The expenses incurred by the Federal Government in the 6-month
    period from September 26, 1996, through March 25, 1997, that are
    directly attributable to the exercise of powers and authorities
    conferred by the declaration of a national emergency with respect to
    UNITA are about $61,000, most of which represent wage and salary costs
    for Federal personnel. Personnel costs were largely centered in the
    Department of the Treasury (particularly in the Office of Foreign Assets
    Control, the U.S. Customs Service, the Office of the Under Secretary for
    Enforcement, and the Office of the General Counsel), and the Department
    of State (particularly the Office of Southern African Affairs).
        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 Newt Gingrich, 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 April 4.