[Weekly Compilation of Presidential Documents Volume 29, Number 26 (Monday, July 5, 1993)]
[Pages 1206-1207]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12853--Blocking Government of Haiti Property and 
Prohibiting Transactions With Haiti

 June 30, 1993

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National 
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United 
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and 
section 301 of title 3 of the United States Code, in view of United 
Nations Security Council Resolution No. 841 of June 16, 1993, and in 
order to take additional steps with respect to the actions and policies 
of the de facto regime in Haiti and the national emergency described and 
declared in Executive Order No. 12775,

    I, William J. Clinton, President of the United States of America, 
hereby order:

    Section 1. Except to the extent provided in regulations, orders, 
directives, or licenses which may hereafter be issued pursuant to this 
order, and notwithstanding the existence of any rights or obligations 
conferred or imposed by any international agreement or any contract 
entered into or any license or permit granted before the effective date 
of this order, all property and interests in property of the Government 
of Haiti and the de facto regime in Haiti, or controlled directly or 
indirectly by the Government of Haiti or the de facto regime in Haiti, 
or by entities, wherever located or organized, owned or controlled by 
the Government of Haiti or the de facto regime in Haiti, that are in the 
United States, that hereafter come within the United States, or that are 
or hereafter come within the possession or control of United States 
persons, including their overseas branches, are blocked.
    Sec. 2. Except to the extent provided in regulations, orders, 
directives, or licenses which may hereafter be issued pursuant to this 
order, all property and interests in property of any Haitian national 
providing substantial financial or material contributions to the de 
facto regime in Haiti, or doing substantial business with the de facto 
regime in Haiti, as identified by the Secretary of the Treasury, that 
are in the United States, that hereafter come within the United States, 
or that are or hereafter come within the possession or control of United 
States persons, including their overseas branches, are blocked.

    Sec. 3. The following are prohibited, notwithstanding the existence 
of any rights or obligations conferred or imposed by any international 
agreement or any contract entered into or any license or permit granted 
before the effective date of this order, except to the extent provided 
in regulations, orders, directives, or licenses which may hereafter be 
issued pursuant to this order:

    (a) The sale or supply, by United States persons, or from the United 
States, or using U.S.-registered vessels or aircraft, of petroleum or 
petroleum products or arms and related materiel of all types, including 
weapons and ammunition, military vehicles and equipment, police 
equipment and spare parts for the aforementioned, regardless of origin, 
to any person or entity in Haiti or to any person or entity for the 
purpose of any business carried on in or operated from Haiti, and any 
activities by United States persons or in the United States which 
promote or are calculated to promote such sale or supply;

    (b) The carriage on U.S.-registered vessels of petroleum or 
petroleum products, or arms and related materiel of all types, including 
weapons and ammunition, military vehicles and equipment, police 
equipment and spare parts for the aforementioned, regardless of origin, 
with entry into, or with the intent to enter, the territory or 
territorial sea of Haiti;

    (c) Any transaction by any United States person that evades or 
avoids, or has the purpose of evading or avoiding, or attempts to 
violate, any of the prohibitions set forth in this order.

    Sec. 4. The exemption for exportation from the United States to 
Haiti of rice, beans,

[[Page 1207]]

sugar, wheat flour, and cooking oil in section 2(c)(iii) of Executive 
Order No. 12779 shall not apply to exportations in which either the de 
facto regime in Haiti or any person identified by the Secretary of the 
Treasury pursuant to section 2 of this order is a direct or indirect 
party.

    Sec. 5. For the purposes of this order:

    (a) The term ``Haitian national'' means a citizen of Haiti, wherever 
located; an entity or body organized under the laws of Haiti; and any 
other person, entity, or body located in Haiti and engaging in the 
importation, storage, or distribution of products or commodities 
controlled by sanctions imposed on Haiti pursuant to resolutions adopted 
either by the United Nations Security Council or the Organization of 
American States, or otherwise facilitating transactions inconsistent 
with those sanctions.

    (b) The definitions contained in section 3 of Executive Order No. 
12779 apply to the terms used in this order.

    Sec. 6. The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to take such actions, including 
the promulgation of rules and regulations, and to 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 
purpose of this order. Such actions may include the prohibition or 
regulation of entry into the United States of any vessel or aircraft 
which is determined to have been in violation of United Nations Security 
Council Resolution No. 841. The Secretary of the Treasury may redelegate 
any of these functions to other officers and agencies of the United 
States Government, all agencies of which are hereby directed to take all 
appropriate measures within their authority to carry out the provisions 
of this order, including suspension or termination of licenses or other 
authorizations in effect as of the date of this order.

    Sec. 7. Section 4 of Executive Order No. 12775 and sections 2(c) and 
4 of Executive Order No. 12779 are hereby revoked to the extent 
inconsistent with this order. Otherwise, the provisions of this order 
supplement the provisions of Executive Order No. 12779.
    Sec. 8. Nothing contained in this order shall create any right or 
benefit, substantive or procedural, enforceable by any party against the 
United States, its agencies or instrumentalities, its officers or 
employees, or any other person.
    Sec. 9.
    (a) This order is effective immediately.
    (b) This order shall be transmitted to the Congress and published in 
the Federal Register.
                                            William J. Clinton
The White House,
June 30, 1993.

[Filed with the Office of the Federal Register, 4:29 p.m., June 30, 
1993]

Note: This Executive order was published in the Federal Register on July 
2.