[Weekly Compilation of Presidential Documents Volume 39, Number 22 (Monday, June 2, 2003)]
[Pages 670-672]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13304--Termination of Emergencies With Respect to 
Yugoslavia and Modification of Executive Order 13219 of June 26, 2001

May 28, 2003

    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, as amended (50 U.S.C. 1701 et seq.) 
(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), 
section 5 of the United Nations Participation Act of 1945, as amended 
(22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code,
    I, George W. Bush, President of the United States of America, have 
determined that the situations that gave rise to the declarations of 
national emergencies in Executive Order 12808 of May 30, 1992, and 
Executive Order 13088 of June 9, 1998, with respect to the former 
Socialist Federal Republic of Yugoslavia, have been significantly 
altered by the peaceful transition to democracy and other positive 
developments in Serbia and Montenegro (formerly the Federal Republic of 
Yugoslavia (Serbia and Montenegro)). Accordingly, I hereby terminate the 
national emergencies declared in those orders and revoke those and all 
related orders (Executive Orders 12810 of June 5, 1992, 12831 of January 
15, 1993, 12846 of April 25, 1993, 12934 of October 25, 1994, 13121 of 
April 30, 1999, and 13192 of January 17, 2001). At the same time, and in 
order to take additional steps with respect to continuing, widespread, 
and illicit actions that obstruct implementation of the Ohrid Framework 
Agreement of 2001, relating to Macedonia, United Nations Security 
Council Resolution 1244 of June 10, 1999, relating to Kosovo, or the 
Dayton Accords or the Conclusions of the Peace Implementation Conference 
Council held in London on December 8-9, 1995, including the decisions or 
conclusions of the High Representative, the Peace Implementation Council 
or its Steering Board, relating to Bosnia and Herzegovina, including the 
harboring of individuals indicted by the International Criminal Tribunal 
for the former Yugoslavia, and the national emergency described and 
declared in Executive Order 13219 of June 26, 2001, I hereby order:
    Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622), 
termination of the national emergencies declared in Executive Order 
12808 of May 30, 1992, and Executive Order 13088 of June 9, 1998, shall 
not affect any action taken or proceeding pending not finally concluded 
or determined as of the effective date of this order, or any action or 
proceeding based on any act committed prior to such date, or any rights 
or duties that matured or penalties that were incurred prior to such 
date. Pursuant to section 207 of IEEPA (50 U.S.C. 1706), I hereby 
determine that the continuation of prohibitions with regard to 
transactions involving any property blocked pursuant to Executive Orders 
12808 or 13088 that continues to be blocked as of the effective date of 
this order is necessary on account of claims involving successor states 
to the former Socialist Federal Republic of Yugoslavia or other 
potential claimants.
    Sec. 2. The Annex to Executive Order 13219 of June 26, 2001, is 
replaced and superseded in its entirety by the Annex to this order.
    Sec. 3. (a) Section 1(a) and 1(b) of Executive Order 13219 are 
revised to read as follows:
    ``Section 1. (a) Except to the extent provided in section 203(b)(1), 
(3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and the 
Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX, 
Public

[[Page 671]]

Law 106-387), 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 of this order, all property and interests in property of:
    (i) the persons listed in the Annex to this order; and
    (ii) persons designated by the Secretary of the Treasury, in 
consultation with the Secretary of State, because they are determined:
      (A) to be under open indictment by the International Criminal 
      Tribunal for the former Yugoslavia, unless circumstances warrant 
      otherwise, or
      (B) to have committed, or to pose a significant risk of 
      committing, acts of violence that have the purpose or effect of 
      threatening the peace in or diminishing the stability or security 
      of any area or state in the Western Balkans region, undermining 
      the authority, efforts, or objectives of international 
      organizations or entities present in the region, or endangering 
      the safety of persons participating in or providing support to the 
      activities of those international organizations or entities, or
      (C) to have actively obstructed, or pose a significant risk of 
      actively obstructing, the Ohrid Framework Agreement of 2001 
      relating to Macedonia, United Nations Security Council Resolution 
      1244 relating to Kosovo, or the Dayton Accords or the Conclusions 
      of the Peace Implementation Conference held in London on December 
      8-9, 1995, including the decisions or conclusions of the High 
      Representative, the Peace Implementation Council or its Steering 
      Board, relating to Bosnia and Herzegovina, or
      (D) to have materially assisted in, sponsored, or provided 
      financial, material, or technological support for, or goods or 
      services in support of, such acts of violence or obstructionism or 
      any person listed in or designated pursuant to this order, or
      (E) to be owned or controlled by, or acting or purporting to act 
      directly or indirectly for or on behalf of, any person listed in 
      or designated pursuant to this order, that are or hereafter come 
      within the United States, or that are or hereafter come within the 
      possession or control of United States persons, are blocked and 
      may not be transferred, paid, exported, withdrawn, or otherwise 
      dealt in.
    (b) I hereby determine that the making of donations of the type 
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by or to 
persons determined to be subject to the sanctions imposed under this 
order would seriously impair the ability to deal with the national 
emergency declared in this order, and hereby prohibit such donations as 
provided in paragraph (a) of this section.''
    Sec. 4. New sections 7 and 8 are added to Executive Order 13219 to 
read as follows:
    ``Sec. 7. For those persons listed in the Annex to this order or 
determined to be subject to the sanctions imposed under this order who 
might have a constitutional presence in the United States, I have 
determined that, because of the ability to transfer funds or assets 
instantaneously, prior notice to such persons of measures to be taken 
pursuant to this order would render these measures ineffectual. I 
therefore determine that for these measures to be effective in 
addressing the national emergency declared in this order, there need be 
no prior notice of a listing or determination made pursuant to this 
order.
    Sec. 8. The Secretary of the Treasury, in consultation with the 
Secretary of State, is authorized to determine, subsequent to the 
issuance of this order, that circumstances no longer warrant inclusion 
of a person in the Annex to this order and that such person is therefore 
no longer covered within the scope of the sanctions set forth herein. 
Such a determination shall become effective upon publication in the 
Federal Register.''
    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 the President by IEEPA and UNPA, as may be necessary to carry 
out the purposes of this

[[Page 672]]

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 authority to 
carry out the provisions of this order and, where appropriate, to advise 
the Secretary of the Treasury in a timely manner of the measures taken.
    Sec. 6. Nothing contained in this order shall create any right or 
benefit or privilege, substantive or procedural, enforceable at law or 
in equity by any party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
    Sec. 7. This order is effective at 12:01 a.m. eastern daylight time 
on May 29, 2003. This order shall be transmitted to the Congress and 
published in the Federal Register.
                                                George W. Bush
 The White House,
 May 28, 2003.

 [Filed with the Office of the Federal Register, 12:48 p.m., May 28, 
2003]

Note: This Executive order was released by the Office of the Press 
Secretary on May 29, and it was published in the Federal Register on May 
29.