[Weekly Compilation of Presidential Documents Volume 33, Number 2 (Monday, January 13, 1997)]
[Pages 30-32]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Letter to Congressional Leaders on Libya
January 10, 1997
Dear Mr. Speaker: (Dear Mr. President:)
I hereby report to the Congress on the developments since my last
report of July 22, 1996, concerning the national emergency with respect
to Libya that was declared in Executive Order 12543 of January 7, 1986.
This report is submitted pursuant to section 401(c) of the National
Emergencies Act, 50 U.S.C. 1641(c); section 204(c) of the International
Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c); and section
505(c) of the International Security and Development Cooperation Act of
1985, 22 U.S.C. 2349aa-9(c).
1. On January 2, 1997, I renewed for another year the national
emergency with respect to Libya pursuant to IEEPA. This renewal extended
the current comprehensive financial and trade embargo against Libya in
effect since 1986. Under these sanctions, all trade with Libya is
prohibited, and all assets owned or controlled by the Libyan government
in the United States or in the possession or control of U.S. persons are
blocked.
2. There have been two amendments to the Libyan Sanctions
Regulations, 31 C.F.R. Part 550 (the ``Regulations''), administered
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by the Office of Foreign Assets Control (OFAC) of the Department of the
Treasury, since my last report on July 22, 1996. The Libyan Sanctions
Regulations were amended on August 22, 1996, to add the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
1214-1319 (the ``Antiterrorism Act'') as an authority for the
Regulations. (61 Fed. Reg. 43460, August 23, 1996). On April 24, 1996, I
signed into law the Antiterrorism Act. Section 321 of the Antiterrorism
Act (18 U.S.C. 2332d) makes it a criminal offense for United States
persons, except as provided in regulations issued by the Secretary of
the Treasury in consultation with the Secretary of State, to engage in
financial transactions with the governments of countries designated
under section 6(j) of the Export Administration Act (50 U.S.C. App.
2405) as supporting international terrorism. United States persons who
engage in such transactions are subject to criminal fines under title
18, United States Code, imprisonment for up to 10 years, or both.
Because the Regulations already prohibited such transactions, with minor
exceptions for transactions found to be in the public interest, no
substantive change to the prohibitions of the Regulations was necessary.
A copy of the amendment is attached.
The Regulations were amended on October 21, 1996 (61 Fed. Reg.
54936, October 23, 1996), to implement section 4 of the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended by the Debt
Collection Improvement Act of 1996, by adjusting for inflation the
amount of the civil monetary penalties that may be assessed under the
Regulations. The Regulations, as amended, increase the maximum civil
monetary penalty provided by law from $10,000 to $11,000 per violation.
The amended Regulations also reflect an amendment to 18 U.S.C. 1001
contained in section 330016(1)(L) of Public Law 103-322; 108 Stat. 2147.
The amendment strikes the $10,000 maximum on fines imposed for
fraudulent dealing with Federal agencies. Finally, the amendment notes
the availability of higher criminal fines pursuant to the formulas set
forth in 18 U.S.C. 3571. A copy of the amendment is attached.
3. During the current 6-month period, OFAC reviewed numerous
applications for licenses to authorize transactions under the
Regulations. Consistent with OFAC's ongoing scrutiny of banking
transactions, the largest category of license approvals (49) concerned
requests by non-Libyan persons or entities to unblock transfers
interdicted because of what appeared to be Government of Libya
interests. Several previously issued licenses were amended to authorize
the provision of legal services to the Government of Libya in connection
with actions in U.S. courts in which the Government of Libya was named
as defendant.
Minister Louis Farrakhan and the Nation of Islam applied for a
license to receive a gift of up to $1 billion from the Government of
Libya as well as for Minister Farrakhan to collect $250,000 in prize
money that accompanied the Ghadafi Prize for Human Rights awarded to
Minister Farrakhan in Tripoli. The application was denied on Foreign
policy grounds.
4. During the current 6-month period, OFAC continued to emphasize to
the international banking community in the United States the importance
of identifying and blocking payments made by or on behalf of Libya. The
office worked closely with the banks to assure the effectiveness of
interdiction software systems used to identify such payments. During the
reporting period, more than 100 transactions potentially involving Libya
were interdicted.
5. Since my last report, OFAC collected 14 civil monetary penalties
totaling more than $165,000 for violations of the U.S. sanctions against
Libya. Twelve of the violations involved the failure of banks to block
funds transfers to Libyan-owned or -controlled financial institutions.
Two U.S. corporations paid OFAC penalties totaling $105,000 for export
violations as part of global plea agreements with the Department of
Justice. Sixty-one other cases are in active penalty processing.
On August 7, 1996, a major U.S. exporter entered a guilty plea and
was sentenced in the U.S. District Court for the Western District of
Kentucky for Libyan sanctions violations. The company and four co-
conspirators were charged with aiding and abetting the
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exportation and attempted exportation of oil well drilling equipment to
Libya through Italy in 1995 and 1996. The company paid $3 million in
criminal fines and aggregate criminal penalties paid by individuals
totaled $211,000. In addition, a major U.S. manufacturer in Milwaukee,
Wisconsin agreed to pay $2 million in criminal fines, in addition to the
civil penalty noted above, for violation of the Libyan sanctions
involving a commercial project in Libya. Numerous investigations carried
over from prior reporting periods are continuing and new reports of
violations are being pursued.
6. The expenses incurred by the Federal Government in the 6-month
period from July 6, 1996, through January 5, 1997, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the Libyan national emergency are estimated at
approximately $670,000. Personnel costs were largely centered in the
Department of the Treasury (particularly in the Office of Foreign Assets
Control, the Office of the General Counsel, and the U.S. Customs
Service), the Department of State, and the Department of Commerce.
7. The policies and actions of the Government of Libya continue to
pose an unusual and extraordinary threat to the national security and
foreign policy of the United States. In adopting UNSCR 883 in November
1993, the Security Council determined that the continued failure of the
Government of Libya to demonstrate by concrete actions its renunciation
of terrorism, and in particular its continued failure to respond fully
and effectively to the requests and decisions of the Security Council in
Resolutions 731 and 748, concerning the bombing of the Pan Am 103 and
UTA 772 flights, constituted a threat to international peace and
security. The United States will continue to coordinate its
comprehensive sanctions enforcement efforts with those of other U.N.
member states. We remain determined to ensure that the perpetrators of
the terrorist acts against Pan Am 103 and UTA 772 are brought to
justice. The families of the victims in the murderous Lockerbie bombing
and others acts of Libyan terrorism deserve nothing less. I shall
continue to exercise the powers at my disposal to apply economic
sanctions against Libya fully and effectively, so long as those measures
are appropriate, and will continue to report periodically to the
Congress on significant developments as required by law.
Sincerely,
William J. Clinton
Note: Identical letters were sent to Newt Gingrich, Speaker of the House
of Representatives, and Albert Gore, Jr., President of the Senate.