[Weekly Compilation of Presidential Documents Volume 37, Number 3 (Monday, January 22, 2001)]
[Pages 189-191]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13192--Lifting and Modifying Measures With Respect to
the Federal Republic of Yugoslavia (Serbia and Montenegro)
January 17, 2001
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.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the
United Nations Participation Act of l945, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code, and in view of
United Nations Security Council Resolution 827 of May 25, 1993 (UNSCR
827), and subsequent resolutions,
I, William J. Clinton, President of the United States of America,
found in Executive Order 13088 of June 9, 1998, that the actions and
policies of the Governments of the Federal Republic of Yugoslavia
(Serbia and Montenegro) (the ``FRY (S&M)'') and the Republic of Serbia
with respect to Kosovo, by promoting ethnic conflict and human
suffering, threatened to destabilize countries of the region and to
disrupt progress in Bosnia and Herzegovina in implementing the Dayton
peace agreement, and therefore constituted an unusual and extraordinary
threat to the national security and foreign policy of the United States.
I declared a national emergency to deal with that threat and ordered
that economic sanctions be imposed with respect to those governments. I
issued Executive Order 13121 of April 30, 1999, in response to the
continuing human rights and humanitarian crises in Kosovo. That order
revised and substantially expanded the sanctions imposed pursuant to
Executive Order 13088.
In view of the peaceful democratic transition begun by President
Vojislav Kostunica and other newly elected leaders in the FRY (S&M), the
promulgation of UNSCR 827 and subsequent resolutions calling for all
states to cooperate fully with the International Criminal Tribunal for
the former Yugoslavia, the illegitimate control over FRY (S&M) political
institutions and economic resources or enterprises exercised by former
President Slobodan Milosevic, his close associates and other persons,
and those individuals' capacity to repress democracy or perpetrate or
promote further human rights abuses, and in order to take steps to
counter the continuing threat to regional stability and implementation
of the Dayton peace agreement and to address the national emergency
described and declared in Executive Order 13088, I hereby order:
Section 1. Amendments to Executive Order 13088. (a) Section 1 of
Executive Order 13088 of June 9, 1998, as revised by section 1(a) of
Executive Order 13121 of April 30, l999, is revised to read as follows:
``Section 1. (a) Except to the extent provided in section 203(b)
of IEEPA (50 U.5.C. 1702(b)), and in regulations, orders,
directives, or licenses that may hereafter be issued pursuant to
this order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date, I hereby
order blocked all property and interests in property that are or
hereafter come within the United States or that are or hereafter
come within the possession or control of United States persons,
of:
(i) any person listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(A) to be under open indictment by the International Criminal
Tribunal for the former Yugoslavia, subject to applicable laws and
procedures;
(B) to have sought, or to be seeking, through repressive
measures or otherwise, to maintain or reestablish illegitimate
control over the political processes or institutions or the
economic resources or enterprises of the Federal Republic of
Yugoslavia, the Republic of
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Serbia, the Republic of Montenegro, or the territory of Kosovo;
(C) to have provided material support or resources to any
person designated in or pursuant to section 1(a) of this order; or
(D) to be owned or controlled by or acting or purporting to act
directly or indirectly for or on behalf of any person designated
in or pursuant to section 1(a) of this order.
(b) All property and interests in property blocked pursuant to
this order prior to 12:01 a.m., eastern standard time, on January
19, 2001, shall remain blocked except as otherwise authorized by
the Secretary of the Treasury.''
(b) Section 2 of Executive Order 13088, as replaced by section 1(b)
of Executive Order 13121, is revoked and a new section 2 is added to
read as follows:
``Sec. 2. Further, except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)), and in regulations, orders,
directives, or licenses that may hereafter be issued pursuant to
this order, and notwithstanding any contract entered into or any
license or permit granted prior to the effective date, I hereby
prohibit any transaction or dealing by a United States person or
within the United States in property or interests in property of
any person designated in or pursuant to section 1(a) of this
order.''
(c) Section 3 of Executive Order 13088 is revoked.
(d) Section 4 of Executive Order 13088, as revised by section 1(c)
of Executive Order 13121, is renumbered and revised to read as follows:
``Sec. 3. Any transaction by a 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 is
prohibited. Any conspiracy formed to violate the prohibitions of
this order is prohibited.''
(e) Section 5 of Executive Order 13088 is renumbered and revised to
read as follows:
``Sec. 4. For the purposes of this order:
(a) The term ``person'' means an individual or entity;
(b) The term ``entity'' means a partnership, association, trust,
joint venture, corporation or other organization; and
(c) The term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United
States.''
(f) Section 6 of Executive Order 13088 is renumbered and revised to
read as follows:
``Sec. 5. 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 IEEPA and UNPA, 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 statutory authority to carry out
the provisions of this order.''
(g) A new section 6 is added to Executive Order 13088 to read as
follows:
``Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to remove any person from
the Annex to this order as circumstances warrant.''
(h) Section 7 of Executive Order 13088, as revised by section 1(d)
of Executive Order 13121, is revoked.
Sec. 2. Preservation of Authorities. Nothing in this order is
intended to affect the continued effectiveness of any rules,
regulations, orders, licenses, or other forms of administrative action
issued, taken, or continued in effect heretofore or hereafter under
Executive Order 13088, Executive Order 13121, or the authority of IEEPA
or UNPA, except as hereafter terminated, modified, or suspended by the
issuing Federal agency.
Sec. 3. No Rights or Privileges Conferred. This order is not
intended to create, nor does
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it create, any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its agencies,
officers, or any other person.
Sec. 4. (a) Effective Date. This order is effective at 12:01 a.m.
eastern standard time on January 19, 2001.
(b) Transmittal; Publication. This order shall be transmitted to
the Congress and published in the Federal Register.
William J. Clinton
The White House,
January 17, 2001.
[Filed with the Office of the Federal Register, 8:45 a.m., January 22,
2001]
Note: This Executive order was released by the Office of the Press
Secretary on January 19, and it will be published in the Federal
Register on January 23.