[Public Papers of the Presidents of the United States: George W. Bush (2003, Book I)]
[May 28, 2003]
[Pages 548-550]
[From the U.S. Government Publishing Office www.gpo.gov]
Letter to Congressional Leaders on Termination of National Emergencies
With Respect to Yugoslavia and Modification of the National Emergency
With Respect to the Western Balkans
May 28, 2003
Dear Mr. Speaker: (Dear Mr. President:)
Consistent with section 204(b) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and sections 202(a) and
301 of the National Emergencies Act, 50 U.S.C. 1622 and 1631, I hereby
report that I have today issued an Executive Order. The order terminates
the national emergencies declared in Executive Order 12808 of May 30,
1992, and Executive Order 13088 of June 9, 1998, with respect to the
former Socialist Federal Republic of Yugoslavia, and revokes those and
all related orders. I have determined that the situations that gave rise
to those national emergencies have been significantly altered by the
peaceful transition to democracy and other positive developments in
Serbia and Montenegro (formerly the Federal Republic of Yugoslavia
(Serbia and Montenegro) (the ``FRY (SaM)'').
A series of Milosevic-era Executive Orders, beginning with Executive
Order 12808 of May 30, 1992, imposed sanctions on the former Yugoslavia.
The sanctions imposed pursuant to Executive Order 12808 and related
orders were suspended pursuant to Presidential Determination 96-7, on
December 27, 1995, in order to achieve a settlement of the conflict in
Bosnia and Herzegovina. In Executive Order 13192 of January 17, 2001,
President Clinton lifted
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sanctions on the Government of the FRY (SaM) and the Governments of the
Republics of Serbia and Montenegro that had been imposed pursuant to
Executive Order 13088 and related orders. Since that time, the United
States Government has maintained sanctions on Slobodan
Milosevic, his close associates, and
other persons, because of the illegitimate control over FRY (SaM)
political institutions and economic resources or enterprises exercised
by these persons and their capacity to repress democracy or perpetrate
or promote further human rights abuses.
I have now determined that the strong commitment to political and
economic reform shown by senior officials in the Government of Serbia
and Montenegro warrants the termination altogether of the national
emergencies declared with respect to the former Socialist Federal
Republic of Yugoslavia. These national emergencies, and the sanctions
that flowed from them, though suspended or lifted, have been perceived
to be outdated and have been a source of bilateral concern for the
United States and Serbia and Montenegro. In terminating these national
emergencies, this Executive Order also encourages the efforts of reform-
minded officials of the Government of Serbia and Montenegro by removing
the vestiges of restrictions imposed during the Milosevic era.
Although I am terminating the Yugoslav emergencies and related
Executive Orders, pursuant to my authority under IEEPA, I am continuing
for the near future certain prohibitions with respect to property
previously blocked pursuant to Executive Orders 12808 and 13088. Such
prohibitions are necessary on account of claims involving the successor
states to the former Socialist Federal Republic of Yugoslavia and others
with respect to certain property and interests in property that have yet
to be unblocked. In addition, certain individuals targeted with
sanctions under Executive Order 13088, as amended by Executive Order
13192 of January 17, 2001, will now be subject to sanctions set forth
under the national emergency declared in Executive Order 13219 of June
26, 2001, with respect to persons who threaten international
stabilization efforts in the Western Balkans, as discussed below.
I have amended Executive Order 13219 of June 26, 2001, with respect
to persons who threaten international stabilization efforts in the
Western Balkans to take additional steps with respect to continuing,
widespread, and illicit actions by certain persons that obstruct
implementation of the Ohrid Framework Agreement of 2001 relating to
Macedonia, or United Nations Security Council Resolution 1244 of June
10, 1999, relating to Kosovo, or the Dayton Accords or the Conclusions
of the Peace Implementation Conference held in London on December 8-9,
1995, including the decisions or conclusions of the High Representative,
the Peace Implementation Council or its Steering Board, relating to
Bosnia and Herzegovina, including the harboring of individuals indicted
by the International Criminal Tribunal for the former Yugoslavia. These
additional steps respond to the continuing actions of ethnic extremists
in Bosnia, Kosovo, Macedonia, southern Serbia, and elsewhere in the
Western Balkans who engage in acts of violence, sometimes targeting
international personnel, or otherwise obstruct efforts to build peace
and stability. The Executive Order underscores the support of the United
States for the International Criminal Tribunal for the former Yugoslavia
by sanctioning those individuals indicted by the Tribunal and those who
aid and abet their efforts to escape justice.
The Executive Order blocks all property and interests in property of
the persons identified in the Annex to the order, which supersedes a
previous Annex attached to Executive Order 13219, as well as persons
subsequently designated pursuant to the order by the Secretary of the
Treasury, in consultation with the Secretary of State. The order further
prohibits any transaction
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or dealing by United States persons or within the United States in
property or interests in property blocked pursuant to the order,
including the making or receiving of any contribution of funds, goods,
or services to or for the benefit of the persons designated pursuant to
the order.
Under the order, the Secretary of the Treasury is authorized, in
consultation with the Secretary of State, to designate additional
persons, and thereby block their property and assets, that are
determined:
-- to be under open indictment by the International Criminal
Tribunal for the former Yugoslavia, unless circumstances warrant
otherwise, or
-- to have committed, or to pose a significant risk of committing,
acts of violence that have the purpose or effect of threatening
the peace in or diminishing the stability or security of any
area or state in the Western Balkans region, undermining the
authority, efforts, or objectives of international organizations
or entities present in the region, or endangering the safety of
persons participating in or providing support to the activities
of those international organizations or entities, or
-- to have actively obstructed, or pose a significant risk of
actively obstructing, implementation of the Ohrid Framework
Agreement of 2001 relating to Macedonia, United Nations Security
Council Resolution 1244 relating to Kosovo, or the Dayton
Accords or the Conclusions of the Peace Implementation
Conference held in London on December 8-9, 1995, including the
decisions or conclusions of the High Representative, the Peace
Implementation Council or its Steering Board, relating to Bosnia
and Herzegovina, or
-- to have materially assisted in, sponsored, or provided financial,
material or technological support for, or goods or services in
support of, such acts of violence or obstructionism, or any
person listed in or designated pursuant to this order, or
-- to be owned or controlled by, or acting or purporting to act
directly or indirectly for or on behalf of, any persons
designated in or pursuant to this order.
In addition, the Secretary of the Treasury, in consultation with the
Secretary of State, is also authorized to determine, subsequent to the
issuance of the Executive Order, that circumstances no longer warrant
inclusion of a person in the Annex to the order and that such person is
therefore no longer covered within the scope of the Executive Order. The
Secretary of the Treasury, in consultation with the Secretary of State,
is also authorized to issue regulations in the exercise of authorities
under the International Emergency Economic Powers Act and the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), to
implement the measures provided in the order. All Federal agencies are
directed to take actions within their authority to carry out the
provisions of the Executive Order.
This Executive Order further demonstrates the U.S. commitment to
supporting reform throughout the Balkans and recognizes the significant
steps the countries of the region have taken, and are continuing to
take, to root out corruption and fight organized crime.
I am enclosing a copy of the Executive Order I have issued. This
order becomes effective at 12:01 a.m. eastern daylight time on May 29,
2003.
Sincerely,
George W. Bush
Note: Identical letters were sent to J. Dennis Hastert, Speaker of the
House of Representatives, and Richard B. Cheney, President of the
Senate. This letter was released by the Office of the Press Secretary on
May 29. The Executive order of May 28 is listed in Appendix D at the end
of this volume.