[Weekly Compilation of Presidential Documents Volume 34, Number 43 (Monday, October 26, 1998)]
[Pages 2094-2096]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Letter to Congressional Leaders Reporting on the National Emergency With 
Respect to Angola

October 23, 1998

Dear Mr. Speaker:  (Dear Mr. President:)

    I hereby report to the Congress on the developments since my last 
report of March 23, 1998, concerning the national emergency with respect 
to Angola that was declared in Executive Order 12865 of September 26, 
1993. 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).
    On September 26, 1993, I declared a national emergency with respect 
to the National Union for the Total Independence of Angola (``UNITA''), 
invoking the authority, inter alia, of the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations 
Participation Act of 1945 (22 U.S.C. 287c). Consistent with United 
Nations Security Council Resolution (``UNSCR'') 864, dated September 15, 
1993, the order prohibited 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, equipment and spare parts, and petroleum 
and petroleum products to the territory of Angola other than through 
designated points of entry. The order also prohibited such sale or 
supply to UNITA. United States persons are prohibited from activities 
which promote or are calculated to promote such sales or supplies, or 
from attempted violations, or from evasion or avoidance, or transactions 
that have the purpose of evasion or avoidance, of the stated 
prohibitions. The order authorized the Secretary of the Treasury, in 
consultation with the Secretary of State, to take such actions, 
including the promulgation of rules and regulations, as might be 
necessary to carry out the purposes of the order.
    1. On December 10, 1993, the Department of the Treasury's Office of 
Foreign Assets Control (OFAC) issued the UNITA (Angola) Sanctions 
Regulations (the ``Regulations'') (58 Fed. Reg. 64904) to implement the 
imposition of sanctions against UNITA. The Regulations prohibit 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, equipment 
and spare parts, and petroleum and petroleum products to UNITA or to the 
territory of Angola other than through designated points. United States 
persons are also prohibited from activities which promote or are 
calculated to promote such sales or supplies to UNITA or Angola, or from 
any transactions by any United States persons that evades or avoids, or 
has the purpose of evading or avoiding, or attempts to violate, any of 
the prohibitions set forth in the Executive order. Also prohibited are 
transactions by United States persons, or involving the use of U.S.-
registered vessels or aircraft, relating to transportation to Angola or 
UNITA of goods the exportation of which is prohibited.
    The Government of Angola has designated the following points of 
entry as points in Angola to which the articles otherwise prohibited by 
the Regulations may be shipped: Airports: Luanda and Katumbela, Benguela 
Province; Ports: Luanda and Lobito, Benguela Province; and Namibe, 
Namibe Province; and Entry Points: Malongo, Cabinda Province. Although 
no specific license is required by the Department of the Treasury for 
shipments to these designated points of entry (unless the item is 
destined for UNITA), any such exports remain subject to the licensing 
requirements of the Departments of State and/or Commerce.

[[Page 2095]]

    2. On August 28, 1997, the United Nations Security Council adopted 
UNSCR 1127, expressing its grave concern at the serious difficulties in 
the peace process, demanding that the Government of Angola and in 
particular UNITA comply fully and completely with those obligations, and 
imposing additional sanctions against UNITA. Subsequently, the Security 
Council adopted UNSCR 1130 postponing the effective date of measures 
specified by UNSCR 1127 until 12:01 a.m., eastern standard time on 
October 30, 1997, at which time they went into effect.
    On December 12, 1997, I issued Executive Order 13069 to implement in 
the United States the provisions of UNSCRs 1127 and 1130 (62 Fed. Reg. 
65989, December 16, 1997). Executive Order 13069 prohibits (a) the sale, 
supply, or making available in any form, by United States persons or 
from the United States or using U.S.-registered vessels or aircraft, of 
any aircraft or aircraft components, regardless of origin, (i) to UNITA, 
or (ii) to the territory of Angola other than through a specified point 
of entry; (b) the insurance, engineering, or servicing by United States 
persons or from the United States of any aircraft owned or controlled by 
UNITA; (c) the granting of permission to any aircraft to take off from, 
land in, or overfly 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 a place in the territory of Angola other than a 
specified point of entry; (d) the provision or making available by 
United States persons or from the United States of engineering and 
maintenance servicing, the certification of airworthiness, the payment 
of new claims against exiting insurance contracts, or the provision, 
renewal, or making available of direct insurance with respect to (i) any 
aircraft registered in Angola other than those specified by the 
Secretary of the Treasury, in consultation with the Secretary of State, 
and other appropriate agencies; (ii) any aircraft that entered the 
territory of Angola other than through a specified point of entry; (e) 
any transaction by any United States person or within the United States 
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. 
Executive Order 13069 became effective at 12:01 a.m., eastern standard 
time on December 15, 1997.
    On June 12, 1998, the United Nations Security Council adopted UNSCR 
1173, expressing its grave concern at the critical situation in the 
peace process and the failure of UNITA to implement its obligations 
under the Lusaka Protocol, and imposing additional sanctions against 
UNITA. Subsequently, the Security Council adopted UNSCR 1176 postponing 
the effective date of measures specified by UNSCR 1173 until 12:01 a.m., 
eastern daylight time on July 1, 1998, at which time they went into 
effect.
    On August 18, 1998, I issued Executive Order 13098 to implement in 
the United States the provisions of UNSCRs 1173 and 1176 (63 Fed. Reg. 
44771, August 20, 1998). Executive Order 13098 blocks all property and 
interests in property 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, of UNITA, or of those 
senior officials of UNITA, or adult members of their immediate families, 
who are designated pursuant to the order. In addition, the order 
prohibits the direct or indirect importation into the United States of 
all diamonds exported from Angola on or after the effective date of the 
order that are not controlled through the Certificate of Origin regime 
of the Angolan Government of Unity and National Reconciliation (the 
``GURN''). The order also prohibits the sale or supply by United States 
persons or from the United States or using U.S.-registered vessels or 
aircraft, of any equipment used in mining, or motorized vehicles or 
watercraft, and parts therefor, regardless of origin to the territory of 
Angola other than through a specified point of entry. Finally, the order 
prohibits any transaction by any United States person or within the 
United States 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. Executive Order 13098 became effective at 12:01 a.m., 
eastern daylight time on August 19, 1998.
    There have been no amendments to the Regulations since my report of 
March 23, 1998.

[[Page 2096]]

    3. On December 31, 1997, OFAC issued an order to the Center for 
Democracy in Angola (``CEDA'' or ``CDA'') to immediately close its 
offices in the United States as required by Executive Order 13069. CEDA 
responded that it had closed its only U.S. office, located in 
Washington, D.C., in compliance with Executive Order 13069.
    The OFAC has worked closely with the U.S. financial and exporting 
communities to assure a heightened awareness of the sanctions against 
UNITA--through the dissemination of publications, seminars, and a 
variety of media, including via the Internet, fax-on-demand, special 
fliers, and computer bulletin board information initiated by OFAC and 
posted through the Department of Commerce and the Government Printing 
Office. There have been no license applications under the program since 
my last report. One investigation into an alleged violation has been 
initiated.
    4. The expenses incurred by the Federal Government in the 6-month 
period from March 26 through September 25, 1998, that are directly 
attributable to the exercise of powers and authorities conferred by the 
declaration of a national emergency with respect to UNITA are about 
$160,000, most of which represent 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 Under Secretary for Enforcement, 
and the Office of the General Counsel) and the Departments of State 
(particularly the Office of Southern African Affairs) and Commerce.
    I will continue to report periodically to the Congress on 
significant developments, pursuant to 50 U.S.C. 1703(c).
    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.