Public Papers of the Presidents of the United States: William J. Clinton (1997, Book I) - Letter to Congressional Leaders Reporting on the National Emergency With Respect to Angola (UNITA)

[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.

[[Page 387]]

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.