[Weekly Compilation of Presidential Documents Volume 37, Number 21 (Monday, May 28, 2001)]
[Pages 801-802]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Notice--Continuation of Emergency With Respect to the Federal Republic
of Yugoslavia (Serbia and Montenegro) the Bosnian Serbs, and Kosovo
May 24, 2001
In accordance with section 202(d) of the National Emergencies Act
(50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency
declared on May 30, 1992, with respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) (the ``FRY (S&M)''), as expanded on
October 25, 1994, in response to the actions and policies of the Bosnian
Serbs. In addition, I am continuing for 1 year the national emergency
declared on June 9, 1998, with respect to the FRY (S&M)'s policies and
actions in Kosovo. This notice shall be published in the Federal
Register and transmitted to the Congress.
On May 30, 1992, by Executive Order 12808, President Bush declared a
national emergency to deal with the unusual and extraordinary threat to
the national security, foreign policy, and economy of the United States
constituted by the actions and policies of the Governments of Serbia and
Montenegro, blocking all property and interests in property of those
Governments. President Bush took additional measures to prohibit trade
and other transactions with the FRY (S&M) by Executive Orders 12810 and
12831, issued on June 5, 1992, and January 15, 1993, respectively, and
on April 25, 1993, President Clinton issued Executive Order 12846
imposing additional measures.
On October 25, 1994, President Clinton expanded the scope of the
national emergency by issuing Executive Order 12934 to address the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States posed by the actions and
policies of the Bosnian Serb forces and the authorities in the territory
that they controlled within Bosnia and Herzegovina.
On December 27, 1995, President Clinton issued Presidential
Determination 96-7, directing the Secretary of the Treasury, inter alia,
to suspend the application of sanctions imposed on the FRY (S&M)
pursuant to the above-referenced Executive Orders and to continue to
block property previously blocked until provision is made to address
claims or encumbrances, including the claims of the other successor
states of the former Yugoslavia. This sanctions relief, in conformity
with United Nations Security Council Resolution 1022 of November 22,
1995 (hereinafter the ``Resolution''), was an essential factor
motivating the FRY (S&M)'s acceptance of the General Framework Agreement
for Peace in Bosnia and Herzegovina initialed by the parties in Dayton
on November 21, 1995, and signed in Paris on December 14, 1995
(hereinafter the ``Peace Agreement''). The sanctions imposed on the FRY
(S&M) were accordingly suspended prospectively, effective January 16,
1996. Sanctions imposed on the Bosnian Serb forces and authorities and
on the territory that they controlled within Bosnia and Herzegovina were
subsequently suspended prospectively, effective May 10, 1996, also in
conformity with the Peace Agreement and the Resolution. Sanctions
against both the FRY (S&M) and the Bosnian Serbs were subsequently
terminated by United Nations Security Council Resolution 1074 of October
1, 1996. This termination, however, did not end the requirement of the
Resolution that those blocked funds and assets that are subject to
claims
[[Page 802]]
and encumbrances remain blocked, until unblocked in accordance with
applicable law.
Until the status of all remaining blocked property is resolved, the
Peace Agreement implemented, and the terms of the Resolution met, the
national emergency declared on May 30, 1992, as expanded in scope on
October 25, 1994, and the measures adopted pursuant thereto to deal with
that emergency, must continue beyond May 30, 2001.
On June 9, 1998, by Executive Order 13088, President Clinton found
that the actions and policies of the FRY (S&M) and the Republic of
Serbia with respect to Kosovo, by promoting ethnic conflict and human
suffering, threatened to destabilize countries in the region and to
disrupt progress in Bosnia and Herzegovina in implementing the Peace
Agreement, constituted an unusual and extraordinary threat to the
national security and foreign policy of the United States. President
Clinton therefore declared a national emergency to deal with that
threat. On April 30, 1999, President Clinton issued Executive Order
13121 to take additional steps with respect to the continuing human
rights and humanitarian crisis in Kosovo and the national emergency
declared with respect to Kosovo.
On January 17, 2001, President Clinton issued Executive Order 13192
in view of the peaceful democratic transition begun in the FRY (S&M);
the continuing need to promote full implementation of United Nations
Security Council Resolution 827 of May 25, 1993, and subsequent
resolutions calling for all states to cooperate fully with the
International Criminal Tribunal for the former Yugoslavia (ICTY); 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 the continuing threat to regional
stability and implementation of the Peace Agreement. Executive Order
13192 amends Executive Order 13088 to lift and modify, with respect to
future transactions, most of the economic sanctions imposed against the
FRY (S&M). At the same time, Executive Order 13192 imposes restrictions
on transactions with certain persons described in section 1(a) of the
order, namely Slobodan Milosevic, his close associates and supporters
and persons under open indictment for war crimes by the ICTY. The
Executive Order also provides for the continued blocking of property or
interests in property blocked prior to the order's effective date due to
the need to address claims or encumbrances involving such property.
Because the crisis with respect to the situation in Kosovo and with
respect to Slobodan Milosevic, his close associates and supporters and
persons under open indictment for war crimes by ICTY has not been
resolved, and because the status of all previously blocked property has
yet to be resolved, I have determined that the national emergency
declared on June 9, 1998, and the measures adopted pursuant thereto to
deal with that emergency, must continue beyond June 9, 2001.
George W. Bush
The White House,
May 24, 2001.
[Filed with the Office of the Federal Register, 12:18 p.m., May 24,
2001]
Note: This notice was published in the Federal Register on May 25.