[Weekly Compilation of Presidential Documents Volume 37, Number 21 (Monday, May 28, 2001)]
[Pages 802-804]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Message to the Congress on Continuation of the National Emergency With
Respect to the Federal Republic of Yugoslavia (Serbia and Montenegro),
the Bosnian Serbs, and Kosovo
May 24, 2001
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. I have sent the enclosed notice to the Federal
Register for publication, stating that the national emergencies declared
with respect to the Federal Republic of Yugoslavia (Serbia and
Montenegro) (the ``FRY
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(S&M)'') in 1992 and with respect to Kosovo in 1998, are to continue
beyond May 30, 2001, and June 9, 2001, respectively. The most recent
notice continuing these emergencies was published in the Federal
Register on May 26, 2000.
With respect to the 1992 national emergency, 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) 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
Serbia and Montenegro's acceptance of the General Framework Agreement
for Peace in Bosnia and Herzegovina initialed in Dayton on November 21,
1995, and signed in Paris on December 14, 1995 (hereinafter the ``Peace
Agreement'').
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 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, this
situation continues to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States. For
these reasons, I have determined that the 1992 emergency, and the
measures adopted pursuant thereto, must continue beyond May 30, 2001.
With respect to the 1998 national emergency regarding 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. The order lifts and
modifies, with respect to future transactions, most of the economic
sanctions imposed against the FRY (S&M) in 1998 and 1999 with regard to
the situation in Kosovo. At the same time, the order 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 ICTY. The
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, this situation continues to pose an unusual and
extraordinary threat to the national security and foreign policy of the
United States. For these reasons, I have determined that the emergency
declared with respect to Kosovo, and the measures adopted pursuant
thereto, must continue beyond June 9, 2001.
George W. Bush
The White House,
May 24, 2001.
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