[Weekly Compilation of Presidential Documents Volume 29, Number 39 (Monday, October 4, 1993)]
[Pages 1899-1900]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12865--Prohibiting Certain Transactions Involving UNITA

 September 26, 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, United States Code, and in view of United 
Nations Security Council Resolution No. 864 of September 15, 1993,
    I, William J. Clinton, President of the United States of America, 
take note of the United Nations Security Council's determination that, 
as a result of UNITA's military actions, the situation in Angola 
constitutes a threat to international peace and security, and find that 
the actions and policies of UNITA, in continuing military actions, 
repeated attempts to seize additional territory and failure to withdraw 
its troops from locations that it has occupied since the resumption of 
hostilities, in repeatedly attacking United Nations personnel working to 
provide humanitarian assistance, in holding foreign nationals against 
their will, in refusing to accept the results of the democratic 
elections held in Angola in 1992, and in failing to abide by the 
``Acordos de Paz,'' constitute an unusual and extraordinary threat to 
the foreign policy of the United States, and hereby declare a national 
emergency to deal with that threat.
    I hereby order:
    Section 1. The following are prohibited, notwithstanding the 
existence of any rights or obligations conferred or imposed by any 
international agreement or 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 arms and 
related materiel of all types, including weapons and ammunition, 
military vehicles and equipment and spare parts for the aforementioned, 
as well as petroleum and petroleum products, regardless of origin:
    (1) to UNITA;
    (2) to the territory of Angola, other than through points of entry 
to be designated by the Secretary of the Treasury, or any activity by 
United States persons or in the United States which promotes or is 
calculated to promote such sale or supply.

[[Page 1900]]

    (b) 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. 2. For purposes of this order:
    (a) The term ``United States person'' means any United States 
citizen, permanent resident alien, juridical person organized under the 
laws of the United States (including foreign branches), or person in the 
United States;
    (b) The term ``UNITA'' includes:
    (1) the Uniao Nacional para a Independencia Total de Angola (UNITA), 
known in English as the ``National Union for the Total Independence of 
Angola;''
    (2) the Forcas Armadas para a Liberacao de Angola (FALA), known in 
English as the ``Armed Forces for the Liberation of Angola;'' and
    (3) any person acting or purporting to act for or on behalf of any 
of the foregoing, including the Free Angola Information Service, Inc.
    Sec. 3. 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 the President 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. The Secretary of the Treasury may 
redelegate any of these functions to other officers and agencies of the 
United States Government.
    Sec. 4. Nothing contained in the order shall be construed to 
supersede the requirements established under the Arms Export Control Act 
(22 U.S.C. 2751 et seq.) and the Export Administration Act (50 U.S.C. 
App. 2401 et seq.) to obtain licenses for the exportation from the 
United States or from a third country of any goods, data, or services 
subject to the export jurisdiction of the Department of State or the 
Department of Commerce.
    Sec. 5. All Federal agencies 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. 6. 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. 7. (a) This order shall take effect immediately.
    (b) This order shall be transmitted to the Congress and published in 
the Federal Register.
                                            William J. Clinton
The White House,
September 26, 1993.

[Filed with the Office of the Federal Register, 4:54 p.m., September 27, 
1993]

Note: This Executive order was released by the Office of the Press 
Secretary on September 27, and it was published in the Federal Register 
on September 29.