[Weekly Compilation of Presidential Documents Volume 29, Number 31 (Monday, August 9, 1993)]
[Pages 1537-1540]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Message to the Congress on Iraq
August 2, 1993
To the Congress of the United States:
I hereby report to the Congress on the developments since my last
report of February 16, 1993, concerning the national emergency with
respect to Iraq that was declared in Executive Order No. 12722 of August
2, 1990. This report is submitted pursuant to section 401(c) of the
National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(c).
Executive Order No. 12722 ordered the immediate blocking of all
property and interests in property of the Government of Iraq (including
the Central Bank of Iraq), then or thereafter located in the United
States or within the possession or control of a U.S. person. That order
also prohibited the importation into the United States of goods and
services of Iraqi origin, as well as the exportation of goods, services,
and technology from the United States to Iraq. The order prohibited
travel-related transactions to or from Iraq and the performance of any
contract in support of any industrial, commercial, or governmental
project in Iraq. U.S. persons were also prohibited from granting or
extending credit or loans to the Government of Iraq.
The foregoing prohibitions (as well as the blocking of Government of
Iraq property) were continued and augmented on August 9, 1990, by
Executive Order No. 12724, which was issued in order to align the
sanctions imposed by the United States with United Nations Security
Council Resolution 661 of August 6, 1990.
Executive Order No. 12817 was issued on October 21, 1992, to
implement in the United States measures adopted in United Nations
Security Council Resolution 778 of October 2, 1992. Resolution 778
requires U.N. member states temporarily to transfer to a U.N. escrow
account up to $200 million apiece in Iraqi oil sale proceeds paid by
purchasers after the imposition of U.N. sanctions on Iraq. These funds
finance Iraq's obligations for U.N. activities with respect to Iraq,
including expenses to verify Iraqi weapons destruction, and to provide
humanitarian assistance in Iraq on a nonpartisan basis. A portion of the
escrowed funds will also fund the activities of the U.N. Compensation
Commission in Geneva, which will handle claims from victims of the Iraqi
invasion of Kuwait. The funds placed in the escrow account are to be
returned, with interest, to the member states that transferred them to
the United Nations, as funds are received from future sales of Iraqi oil
authorized by the United Nations Security Council. No member state is
required to fund more than half of the total contributions to the escrow
account.
This report discusses only matters concerning the national emergency
with respect to Iraq that was declared in Executive Order No. 12722 and
matters relating to Executive Orders Nos. 12724 and 12817 (the
``Executive Orders''). The report covers events from February 2, 1993,
through August 1, 1993.
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1. There have been no amendments to the Iraqi Sanctions Regulations
during the reporting period.
2. Investigations of possible violations of the Iraqi sanctions
continue to be pursued and appropriate enforcement actions taken. These
are intended to deter future activities in violation of the sanctions.
Additional civil penalty notices were prepared during the reporting
period for violations of the International Emergency Economic Powers Act
and Iraqi Sanctions Regulations with respect to transactions involving
Iraq.
3. Investigation also continues into the roles played by various
individuals and firms outside Iraq in the Iraqi government procurement
network. These investigations may lead to additions to the Office of
Foreign Assets control's listing of individuals and organizations
determined to be Specially Designated Nationals of the Government of
Iraq.
4. Pursuant to Executive Order No. 12817 implementing United Nations
Security Council Resolution 778, on October 26, 1992, the Office of
Foreign Assets Control directed the Federal Reserve Bank of New York to
establish a blocked account for receipt of certain post-August 6, 1990,
Iraqi oil sales proceeds, and to hold, invest, and transfer these funds
as required by the order. On May 18, 1993, following the payment of
$1,492,537.30 by the Government of the United Kingdom to a special
United Nations-controlled account, entitled United Nations Security
Council Resolution 778 Escrow Account, the Federal Reserve Bank of New
York was directed to transfer a corresponding amount of $1,492,537.30
from the blocked account it holds to the United Nations-controlled
account. Future transfers from the blocked Federal Reserve Bank of New
York account will be made on a matching basis up to the $200 million for
which the United States is potentially obligated pursuant to United
Nations Security Council Resolution 778.
5. Since the last report, there have been developments in two cases
filed against the Government of Iraq. Another ruling was issued in
Consarc Corporation v. Iraqi Ministry of Industry and Minerals et al.,
No. 90-2269 (D.D.C., March 9, 1993), which arose out of a contract for
the sale of furnaces by plaintiff to the Iraqi Ministry of Industry and
Minerals, an Iraqi governmental entity. In connection with the contract,
the Iraqi defendants opened an irrevocable letter of credit with an
Iraqi bank in favor of Consarc, which was advised by Pittsburgh National
Bank, with the Bank of New York entering into a confirmed reimbursement
agreement with the advising bank. Funds were set aside at the Bank of
New York, in an account of the Iraqi bank, for reimbursement from the
Bank of New York if Pittsburgh National Bank made a payment to Consarc
on the letter of credit and sought reimbursement from the Bank of New
York. Consarc received a down payment from the Iraqi Ministry of
Industry and Minerals and substantially manufactured the furnaces. No
goods were shipped prior to imposition of sanctions on August 2, 1990,
and the United States asserted that the funds on deposit in the Iraqi
bank's account at the Bank of New York, as well as the furnaces
manufactured for the Iraqi government or the proceeds of any sale of
those furnaces to third parties, were blocked. The district court ruled
on December 29, 1992, that the furnaces or their sales proceeds were
properly blocked pursuant to the declaration of the national emergency
and blocking of Iraqi government property interests. However, according
to the court, due to fraud on the part of the Ministry of Industry and
Minerals in concluding the sales contract, the funds on deposit in an
Iraqi bank account at the Bank of New York were not the property of the
Government of Iraq. The court ordered the Office of Foreign Assets
Control to unblock these funds, and required Consarc to block the
proceeds from the sale of one furnace and to hold the remaining furnace
as blocked property. On January 27, 1993, the Office of Foreign Assets
Control complied with the court's order and licensed the unblocking of
$6.4 million plus interest to Consarc. On March 9, 1993, the court
affirmed its ruling in response to Consarc's motion to clarify the
December 29 order and the Office of Foreign Assets Control's motion to
correct the judgment to conform to the December 29 opinion. The Office
of Foreign Assets Control and Consarc have each appealed the district
court's ruling.
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In Brewer v. The Socialist People's Republic of Iraq, No. 91-5325
(D.C. Cir., 1993) the United States Court of Appeals for the District of
Columbia Circuit affirmed the district court's ruling denying
appellant's motion to attach U.S.-located assets of the Government of
Iraq and its state tourism organization. Following the holding of Dames
& Moore v. Regan, 453 U.S. 654 (1981), the court upheld the power of the
President to freeze foreign assets and prevent their attachment by
private litigants in times of national emergency.
6. The Office of Foreign Assets Control has issued a total of 391
specific licenses regarding transactions pertaining to Iraq or Iraqi
assets since August 1990. Since my last report, 54 specific licenses
have been issued. Licenses were issued for transactions such as the
filing of legal actions against Iraqi governmental entities, for legal
representation of Iraq, and the exportation to Iraq of donated medicine,
medical supplies, and food intended for humanitarian relief purposes.
7. The expenses incurred by the Federal Government in the 6-month
period from February 2, 1993, through August 1, 1993, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of a national emergency with respect to Iraq are estimated
at about $2.5 million, most of which represents 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 Assistant Secretary
for Enforcement, and the Office of the General Counsel), the Department
of State (particularly the Bureau of Economic and Business Affairs, the
Bureau of Near East and South Asian Affairs, the Bureau of International
Organizations, and the Office of the Legal Adviser), and the Department
of Transportation (particularly the U.S. Coast Guard).
8. The United States imposed economic sanctions on Iraq in response
to Iraq's invasion and illegal occupation of Kuwait, a clear act of
brutal aggression. The United States, together with the international
community, is maintaining economic sanctions against Iraq because the
Iraqi regime has failed to comply fully with United Nations Security
Council resolutions, including those calling for the elimination of
Iraqi weapons of mass destruction, the inviolability of the Iraq-Kuwait
boundary, the release of Kuwaiti and other third country nationals,
compensation for victims of Iraqi aggression, long-term monitoring of
weapons of mass destruction capabilities, and the return of Kuwaiti
assets stolen during Iraq's illegal occupation of Kuwait. The U.N.
sanctions remain in place; the Unite States will continue to enforce
those sanctions under domestic authority.
The Baghdad government continued to violate basic human rights by
repressing the Iraqi civilian population and depriving it of
humanitarian assistance. The United Nations Security Council passed
resolutions that permit Iraq to sell $1.6 billion of oil under U.N.
auspices to fund the provision of food, medicine, and other humanitarian
supplies to the people of Iraq. Under the U.N. resolutions, the
equitable distribution within Iraq of this assistance would be
supervised and monitored by the United Nations. The Iraqi regime so far
has refused to accept these resolutions and has thereby chosen to
perpetuate the suffering of its civilian population. Discussions on
implementing these resolutions resumed at the United Nations on July 7,
1993.
The policies and actions of the Saddam Hussein regime continued to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States, as well as to regional peace and
security. Because of Iraq's failure to comply fully with United Nations
Security Council resolutions, the United States will therefore continue
to apply economic sanctions to deter Iraq from threatening peace and
stability in the region, and I will continue to report periodically to
the Congress on significant developments, pursuant to 50 U.S.C. 1703(c).
William J. Clinton
The White House,
August 2, 1993.
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