[Weekly Compilation of Presidential Documents Volume 30, Number 19 (Monday, May 16, 1994)]
[Pages 1014-1015]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 12914--Prohibiting Certain Transactions With Respect to
Haiti
May 7, 1994
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, in view of United Nations
Security Council Resolution 917 of May 6, 1994, 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, it is hereby ordered as follows:
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 funds and financial resources of: (a) all officers of
the Haitian military, including the police, and their immediate
families;
(b) the major participants in the coup d'etat in Haiti of 1991 and
in the illegal governments since the coup d'etat, and their immediate
families; and
(c) those employed by or acting on behalf of the Haitian military,
and their immediate families; that are or 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. 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, authorizations, or licenses that may
hereafter be issued pursuant to this order: (a) the granting of
permission to any aircraft to take off from, land in, or overfly the
territory of the United States, if the aircraft, as part of the same
flight or as a continuation of that flight, is destined to land in or
has taken off from the territory of Haiti, with the exception of
regularly scheduled commercial passenger flights; (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. 3. The definitions contained in section 3 of Executive Order
No. 12779 apply to the terms used in this order.
Sec. 4. 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
purposes of this order. The Secretary of the Treasury may redelegate any
of these functions to other officers and agencies of the United States
Government. All agencies of the United States Government 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
effective date of this order.
Sec. 5. 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.
[[Page 1015]]
Sec. 6.
(a) This order shall take effect at 11:59 p.m., eastern daylight
time on May 8, 1994.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton
The White House,
May 7, 1994.
[Filed with the Office of the Federal Register, 12:21 p.m., May 9, 1994]
Note: This Executive order was released by the Office of the Press
Secretary on May 9, and it was published in the Federal Register on May
10.