U.S. Code

-CITE-
50 USC Sec. 1701 01/23/00

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-
Sec. 1701. Unusual and extraordinary threat; declaration of
national emergency; exercise of Presidential authorities

-STATUTE-
(a) Any authority granted to the President by section 1702 of
this title may be exercised to deal with any unusual and
extraordinary threat, which has its source in whole or substantial
part outside the United States, to the national security, foreign
policy, or economy of the United States, if the President declares
a national emergency with respect to such threat.
(b) The authorities granted to the President by section 1702 of
this title may only be exercised to deal with an unusual and
extraordinary threat with respect to which a national emergency has
been declared for purposes of this chapter and may not be exercised
for any other purpose. Any exercise of such authorities to deal
with any new threat shall be based on a new declaration of national
emergency which must be with respect to such threat.

-SOURCE-
(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)

-MISC1-
SHORT TITLE
Section 201 of title II of Pub. L. 95-223 provided that: ''This
title (enacting this chapter) may be cited as the 'International
Emergency Economic Powers Act'.''
SEPARABILITY
Section 208 of Pub. L. 95-223 provided that: ''If any provision
of this Act (enacting this chapter) is held invalid, the remainder
of the Act shall not be affected thereby.''
APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES
Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998,
112 Stat. 2160, provided that:
''(a) Presidential Authority. -
''(1) In general. - The President may exercise IEEPA
authorities (other than authorities relating to importation)
without regard to section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) in the case of any
commercial activity in the United States by a person that is on
the list published under subsection (b).
''(2) Penalties. - The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C. 1705)
apply to violations of any license, order, or regulation issued
under paragraph (1).
''(3) Ieepa authorities. - For purposes of paragraph (1), the
term 'IEEPA authorities' means the authorities set forth in
section 203(a) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(a)).
''(b) Determination and Publication of Communist Chinese Military
Companies Operating in United States. -
''(1) Initial determination and publication. - Not later than
90 days after the date of the enactment of this Act (Oct. 17,
1998), the Secretary of Defense shall make a determination of
those persons operating directly or indirectly in the United
States or any of its territories and possessions that are
Communist Chinese military companies and shall publish a list of
those persons in the Federal Register.
''(2) Revisions to list. - The Secretary of Defense shall make
additions or deletions to the list published under paragraph (1)
on an ongoing basis based on the latest information available.
''(3) Consultation. - The Secretary of Defense shall consult
with the following officers in carrying out paragraphs (1) and
(2):
''(A) The Attorney General.
''(B) The Director of Central Intelligence.
''(C) The Director of the Federal Bureau of Investigation.
''(4) Communist chinese military company. - For purposes of
making the determination required by paragraph (1) and of
carrying out paragraph (2), the term 'Communist Chinese military
company' means -
''(A) any person identified in the Defense Intelligence
Agency publication numbered VP-1920-271-90, dated September
1990, or PC-1921-57-95, dated October 1995, and any update of
those publications for the purposes of this section; and
''(B) any other person that -
''(i) is owned or controlled by the People's Liberation
Army; and
''(ii) is engaged in providing commercial services,
manufacturing, producing, or exporting.
''(c) People's Liberation Army. - For purposes of this section,
the term 'People's Liberation Army' means the land, naval, and air
military services, the police, and the intelligence services of the
Communist Government of the People's Republic of China, and any
member of any such service or of such police.''
IRAN AND LIBYA SANCTIONS
Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, provided that:
''SECTION 1. SHORT TITLE.
''This Act may be cited as the ' Iran and Libya Sanctions Act of
1996'.
''SEC. 2. FINDINGS.
''The Congress makes the following findings:
''(1) The efforts of the Government of Iran to acquire weapons
of mass destruction and the means to deliver them and its support
of acts of international terrorism endanger the national security
and foreign policy interests of the United States and those
countries with which the United States shares common strategic
and foreign policy objectives.
''(2) The objective of preventing the proliferation of weapons
of mass destruction and acts of international terrorism through
existing multilateral and bilateral initiatives requires
additional efforts to deny Iran the financial means to sustain
its nuclear, chemical, biological, and missile weapons programs.
''(3) The Government of Iran uses its diplomatic facilities and
quasi-governmental institutions outside of Iran to promote acts
of international terrorism and assist its nuclear, chemical,
biological, and missile weapons programs.
''(4) The failure of the Government of Libya to comply with
Resolutions 731, 748, and 883 of the Security Council of the
United Nations, its support of international terrorism, and its
efforts to acquire weapons of mass destruction constitute a
threat to international peace and security that endangers the
national security and foreign policy interests of the United
States and those countries with which it shares common strategic
and foreign policy objectives.
''SEC. 3. DECLARATION OF POLICY.
''(a) Policy With Respect to Iran . - The Congress declares that
it is the policy of the United States to deny Iran the ability to
support acts of international terrorism and to fund the development
and acquisition of weapons of mass destruction and the means to
deliver them by limiting the development of Iran 's ability to
explore for, extract, refine, or transport by pipeline petroleum
resources of Iran .
''(b) Policy With Respect to Libya . - The Congress further
declares that it is the policy of the United States to seek full
compliance by Libya with its obligations under Resolutions 731,
748, and 883 of the Security Council of the United Nations,
including ending all support for acts of international terrorism
and efforts to develop or acquire weapons of mass destruction.
''SEC. 4. MULTILATERAL REGIME.
''(a) Multilateral Negotiations. - In order to further the
objectives of section 3, the Congress urges the President to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, and bilaterally with
allies of the United States, to establish a multilateral sanctions
regime against Iran , including provisions limiting the development
of petroleum resources, that will inhibit Iran 's efforts to carry
out activities described in section 2.
''(b) Reports to Congress. - The President shall report to the
appropriate congressional committees, not later than 1 year after
the date of the enactment of this Act (Aug. 5, 1996), and
periodically thereafter, on the extent that diplomatic efforts
described in subsection (a) have been successful. Each report
shall include -
''(1) the countries that have agreed to undertake measures to
further the objectives of section 3 with respect to Iran , and a
description of those measures; and
''(2) the countries that have not agreed to measures described
in paragraph (1), and, with respect to those countries, other
measures (in addition to that provided in subsection (d)) the
President recommends that the United States take to further the
objectives of section 3 with respect to Iran .
''(c) Waiver. - The President may waive the application of
section 5(a) with respect to nationals of a country if -
''(1) that country has agreed to undertake substantial
measures, including economic sanctions, that will inhibit Iran 's
efforts to carry out activities described in section 2 and
information required by subsection (b)(1) has been included in a
report submitted under subsection (b); and
''(2) the President, at least 30 days before the waiver takes
effect, notifies the appropriate congressional committees of his
intention to exercise the waiver.
''(d) Enhanced Sanction. -
''(1) Sanction. - With respect to nationals of countries except
those with respect to which the President has exercised the
waiver authority of subsection (c), at any time after the first
report is required to be submitted under subsection (b), section
5(a) shall be applied by substituting '$20,000,000' for
'$40,000,000' each place it appears, and by substituting
'$5,000,000' for '$10,000,000'.
''(2) Report to congress. - The President shall report to the
appropriate congressional committees any country with respect to
which paragraph (1) applies.
''(e) Interim Report on Multilateral Sanctions; Monitoring. - The
President, not later than 90 days after the date of the enactment
of this Act, shall report to the appropriate congressional
committees on -
''(1) whether the member states of the European Union, the
Republic of Korea, Australia, Israel, or Japan have legislative
or administrative standards providing for the imposition of trade
sanctions on persons or their affiliates doing business or having
investments in Iran or Libya ;
''(2) the extent and duration of each instance of the
application of such sanctions; and
''(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
''SEC. 5. IMPOSITION OF SANCTIONS.
''(a) Sanctions With Respect to Iran . - Except as provided in
subsection (f), the President shall impose 2 or more of the
sanctions described in paragraphs (1) through (6) of section 6 if
the President determines that a person has, with actual knowledge,
on or after the date of the enactment of this Act (Aug. 5, 1996),
made an investment of $40,000,000 or more (or any combination of
investments of at least $10,000,000 each, which in the aggregate
equals or exceeds $40,000,000 in any 12-month period), that
directly and significantly contributed to the enhancement of Iran 's
ability to develop petroleum resources of Iran .
''(b) Mandatory Sanctions With Respect to Libya . -
''(1) Violations of prohibited transactions. - Except as
provided in subsection (f), the President shall impose 2 or more
of the sanctions described in paragraphs (1) through (6) of
section 6 if the President determines that a person has, with
actual knowledge, on or after the date of the enactment of this
Act, exported, transferred, or otherwise provided to Libya any
goods, services, technology, or other items the provision of
which is prohibited under paragraph 4(b) or 5 of Resolution 748
of the Security Council of the United Nations, adopted March 31,
1992, or under paragraph 5 or 6 of Resolution 883 of the Security
Council of the United Nations, adopted November 11, 1993, if the
provision of such items significantly and materially -
''(A) contributed to Libya 's ability to acquire chemical,
biological, or nuclear weapons or destabilizing numbers and
types of advanced conventional weapons or enhanced Libya 's
military or paramilitary capabilities;
''(B) contributed to Libya 's ability to develop its petroleum
resources; or
''(C) contributed to Libya 's ability to maintain its aviation
capabilities.
''(2) Investments that contribute to the development of
petroleum resources. - Except as provided in subsection (f), the
President shall impose 2 or more of the sanctions described in
paragraphs (1) through (6) of section 6 if the President
determines that a person has, with actual knowledge, on or after
the date of the enactment of this Act (Aug. 5, 1996), made an
investment of $40,000,000 or more (or any combination of
investments of at least $10,000,000 each, which in the aggregate
equals or exceeds $40,000,000 in any 12-month period), that
directly and significantly contributed to the enhancement of
Libya 's ability to develop its petroleum resources.
''(c) Persons Against Which the Sanctions Are To Be Imposed. -
The sanctions described in subsections (a) and (b) shall be imposed
on -
''(1) any person the President determines has carried out the
activities described in subsection (a) or (b); and
''(2) any person the President determines -
''(A) is a successor entity to the person referred to in
paragraph (1);
''(B) is a parent or subsidiary of the person referred to in
paragraph (1) if that parent or subsidiary, with actual
knowledge, engaged in the activities referred to in paragraph
(1); or
''(C) is an affiliate of the person referred to in paragraph
(1) if that affiliate, with actual knowledge, engaged in the
activities referred to in paragraph (1) and if that affiliate
is controlled in fact by the person referred to in paragraph
(1).
For purposes of this Act, any person or entity described in this
subsection shall be referred to as a 'sanctioned person'.
''(d) Publication in Federal Register. - The President shall
cause to be published in the Federal Register a current list of
persons and entities on whom sanctions have been imposed under this
Act. The removal of persons or entities from, and the addition of
persons and entities to, the list, shall also be so published.
''(e) Publication of Projects. - The President shall cause to be
published in the Federal Register a list of all significant
projects which have been publicly tendered in the oil and gas
sector in Iran .
''(f) Exceptions. - The President shall not be required to apply
or maintain the sanctions under subsection (a) or (b) -
''(1) in the case of procurement of defense articles or defense
services -
''(A) under existing contracts or subcontracts, including the
exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
''(B) if the President determines in writing that the person
to which the sanctions would otherwise be applied is a sole
source supplier of the defense articles or services, that the
defense articles or services are essential, and that
alternative sources are not readily or reasonably available; or
''(C) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
''(2) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2518(4)), of any foreign country or instrumentality
designated under section 301(b)(1) of that Act (19 U.S.C.
2511(b)(1));
''(3) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person on whom
the sanctions are to be imposed;
''(4) to -
''(A) spare parts which are essential to United States
products or production;
''(B) component parts, but not finished products, essential
to United States products or production; or
''(C) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
''(6) to information and technology essential to United States
products or production; or
''(7) to medicines, medical supplies, or other humanitarian
items.
''SEC. 6. DESCRIPTION OF SANCTIONS.
''The sanctions to be imposed on a sanctioned person under
section 5 are as follows:
''(1) Export-import bank assistance for exports to sanctioned
persons. - The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation in
the extension of credit in connection with the export of any
goods or services to any sanctioned person.
''(2) Export sanction. - The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to a sanctioned person under -
''(i) the Export Administration Act of 1979 (50 App. 2401 et
seq.);
''(ii) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
''(iii) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.); or
''(iv) any other statute that requires the prior review and
approval of the United States Government as a condition for the
export or reexport of goods or services.
''(3) Loans from united states financial institutions. - The
United States Government may prohibit any United States financial
institution from making loans or providing credits to any
sanctioned person totaling more than $10,000,000 in any 12-month
period unless such person is engaged in activities to relieve
human suffering and the loans or credits are provided for such
activities.
''(4) Prohibitions on financial institutions. - The following
prohibitions may be imposed against a sanctioned person that is a
financial institution:
''(A) Prohibition on designation as primary dealer. - Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, such financial
institution as a primary dealer in United States Government
debt instruments.
''(B) Prohibition on service as a repository of government
funds. - Such financial institution may not serve as agent of
the United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as 1 sanction for purposes of section 5, and the
imposition of both such sanctions shall be treated as 2 sanctions
for purposes of section 5.
''(5) Procurement sanction. - The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from a sanctioned person.
''(6) Additional sanctions. - The President may impose
sanctions, as appropriate, to restrict imports with respect to a
sanctioned person, in accordance with the International Emergency
Economic Powers Act (50 U.S.C. 1701 and following).
''SEC. 7. ADVISORY OPINIONS.
''The Secretary of State may, upon the request of any person,
issue an advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions
under this Act. Any person who relies in good faith on such an
advisory opinion which states that the proposed activity would not
subject a person to such sanctions, and any person who thereafter
engages in such activity, will not be made subject to such
sanctions on account of such activity.
''SEC. 8. TERMINATION OF SANCTIONS.
''(a) Iran . - The requirement under section 5(a) to impose
sanctions shall no longer have force or effect with respect to Iran
if the President determines and certifies to the appropriate
congressional committees that Iran -
''(1) has ceased its efforts to design, develop, manufacture,
or acquire -
''(A) a nuclear explosive device or related materials and
technology;
''(B) chemical and biological weapons; and
''(C) ballistic missiles and ballistic missile launch
technology; and
''(2) has been removed from the list of countries the
governments of which have been determined, for purposes of
section 6(j) of the Export Administration Act of 1979 (50 App.
2405(j)), to have repeatedly provided support for acts of
international terrorism.
''(b) Libya . - The requirement under section 5(b) to impose
sanctions shall no longer have force or effect with respect to
Libya if the President determines and certifies to the appropriate
congressional committees that Libya has fulfilled the requirements
of United Nations Security Council Resolution 731, adopted January
21, 1992, United Nations Security Council Resolution 748, adopted
March 31, 1992, and United Nations Security Council Resolution 883,
adopted November 11, 1993.
''SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
''(a) Delay of Sanctions. -
''(1) Consultations. - If the President makes a determination
described in section 5(a) or 5(b) with respect to a foreign
person, the Congress urges the President to initiate
consultations immediately with the government with primary
jurisdiction over that foreign person with respect to the
imposition of sanctions under this Act.
''(2) Actions by government of jurisdiction. - In order to
pursue consultations under paragraph (1) with the government
concerned, the President may delay imposition of sanctions under
this Act for up to 90 days. Following such consultations, the
President shall immediately impose sanctions unless the President
determines and certifies to the Congress that the government has
taken specific and effective actions, including, as appropriate,
the imposition of appropriate penalties, to terminate the
involvement of the foreign person in the activities that resulted
in the determination by the President under section 5(a) or 5(b)
concerning such person.
''(3) Additional delay in imposition of sanctions. - The
President may delay the imposition of sanctions for up to an
additional 90 days if the President determines and certifies to
the Congress that the government with primary jurisdiction over
the person concerned is in the process of taking the actions
described in paragraph (2).
''(4) Report to congress. - Not later than 90 days after making
a determination under section 5(a) or 5(b), the President shall
submit to the appropriate congressional committees a report on
the status of consultations with the appropriate foreign
government under this subsection, and the basis for any
determination under paragraph (3).
''(b) Duration of Sanctions. - A sanction imposed under section 5
shall remain in effect -
''(1) for a period of not less than 2 years from the date on
which it is imposed; or
''(2) until such time as the President determines and certifies
to the Congress that the person whose activities were the basis
for imposing the sanction is no longer engaging in such
activities and that the President has received reliable
assurances that such person will not knowingly engage in such
activities in the future, except that such sanction shall remain
in effect for a period of at least 1 year.
''(c) Presidential Waiver. -
''(1) Authority. - The President may waive the requirement in
section 5 to impose a sanction or sanctions on a person described
in section 5(c), and may waive the continued imposition of a
sanction or sanctions under subsection (b) of this section, 30
days or more after the President determines and so reports to the
appropriate congressional committees that it is important to the
national interest of the United States to exercise such waiver
authority.
''(2) Contents of report. - Any report under paragraph (1)
shall provide a specific and detailed rationale for the
determination under paragraph (1), including -
''(A) a description of the conduct that resulted in the
determination under section 5(a) or (b), as the case may be;
''(B) in the case of a foreign person, an explanation of the
efforts to secure the cooperation of the government with
primary jurisdiction over the sanctioned person to terminate
or, as appropriate, penalize the activities that resulted in
the determination under section 5(a) or (b), as the case may
be;
''(C) an estimate as to the significance -
''(i) of the provision of the items described in section
5(a) to Iran 's ability to develop its petroleum resources, or
''(ii) of the provision of the items described in section
5(b)(1) to the abilities of Libya described in subparagraph
(A), (B), or (C) of section 5(b)(1), or of the investment
described in section 5(b)(2) on Libya 's ability to develop
its petroleum resources,
as the case may be; and
''(D) a statement as to the response of the United States in
the event that the person concerned engages in other activities
that would be subject to section 5(a) or (b).
''(3) Effect of report on waiver. - If the President makes a
report under paragraph (1) with respect to a waiver of sanctions
on a person described in section 5(c), sanctions need not be
imposed under section 5(a) or (b) on that person during the
30-day period referred to in paragraph (1).
''SEC. 10. REPORTS REQUIRED.
''(a) Report on Certain International Initiatives. - Not later
than 6 months after the date of the enactment of this Act (Aug. 5,
1996), and every 6 months thereafter, the President shall transmit
a report to the appropriate congressional committees describing -
''(1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease its
nuclear, chemical, biological, and missile weapons programs and
its support of acts of international terrorism;
''(2) the efforts of the President to persuade other
governments to ask Iran to reduce the presence of Iranian
diplomats and representatives of other government and military or
quasi-governmental institutions of Iran and to withdraw any such
diplomats or representatives who participated in the takeover of
the United States embassy in Tehran on November 4, 1979, or the
subsequent holding of United States hostages for 444 days;
''(3) the extent to which the International Atomic Energy
Agency has established regular inspections of all nuclear
facilities in Iran , including those presently under construction;
and
''(4) Iran 's use of Iranian diplomats and representatives of
other government and military or quasi-governmental institutions
of Iran to promote acts of international terrorism or to develop
or sustain Iran 's nuclear, chemical, biological, and missile
weapons programs.
''(b) Other Reports. - The President shall ensure the continued
transmittal to the Congress of reports describing -
''(1) the nuclear and other military capabilities of Iran , as
required by section 601(a) of the Nuclear Non-Proliferation Act
of 1978 (22 U.S.C. 3281(a)) and section 1607 of the National
Defense Authorization Act for Fiscal Year 1993 (Pub. L. 102-484
set out below); and
''(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual report on
international terrorism.
''SEC. 11. DETERMINATIONS NOT REVIEWABLE.
''A determination to impose sanctions under this Act shall not be
reviewable in any court.
''SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
''Nothing in this Act shall apply to any activities subject to
the reporting requirements of title V of the National Security Act
of 1947 (50 U.S.C. 413 et seq.).
''SEC. 13. EFFECTIVE DATE; SUNSET.
''(a) Effective Date. - This Act shall take effect on the date of
the enactment of this Act (Aug. 5, 1996).
''(b) Sunset. - This Act shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
''SEC. 14. DEFINITIONS.
''As used in this Act:
''(1) Act of international terrorism. - The term 'act of
international terrorism' means an act -
''(A) which is violent or dangerous to human life and that is
a violation of the criminal laws of the United States or of any
State or that would be a criminal violation if committed within
the jurisdiction of the United States or any State; and
''(B) which appears to be intended -
''(i) to intimidate or coerce a civilian population;
''(ii) to influence the policy of a government by
intimidation or coercion; or
''(iii) to affect the conduct of a government by
assassination or kidnapping.
''(2) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
Finance, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Foreign Relations of the Senate and the
Committee on Ways and Means, the Committee on Banking and
Financial Services, and the Committee on International Relations
of the House of Representatives.
''(3) Component part. - The term 'component part' has the
meaning given that term in section 11A(e)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
''(4) Develop and development. - To 'develop', or the
'development' of, petroleum resources means the exploration for,
or the extraction, refining, or transportation by pipeline of,
petroleum resources.
''(5) Financial institution. - The term 'financial institution'
includes -
''(A) a depository institution (as defined in section 3(c)(1)
of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1))),
including a branch or agency of a foreign bank (as defined in
section 1(b)(7) of the International Banking Act of 1978 (12
U.S.C. 3101(b)(7)));
''(B) a credit union;
''(C) a securities firm, including a broker or dealer;
''(D) an insurance company, including an agency or
underwriter; and
''(E) any other company that provides financial services.
''(6) Finished product. - The term 'finished product' has the
meaning given that term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
''(7) Foreign person. - The term 'foreign person' means -
''(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the United
States; or
''(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
''(8) Goods and technology. - The terms 'goods' and
'technology' have the meanings given those terms in section 16 of
the Export Administration Act of 1979 (50 U.S.C. App. 2415).
''(9) Investment. - The term 'investment' means any of the
following activities if such activity is undertaken pursuant to
an agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Iran or a
nongovenmental (sic) entity in Iran , or with the Government of
Libya or a nongovernmental entity in Libya , on or after the date
of the enactment of this Act (Aug. 5, 1996):
''(A) The entry into a contract that includes responsibility
for the development of petroleum resources located in Iran or
Libya (as the case may be), or the entry into a contract
providing for the general supervision and guarantee of another
person's performance of such a contract.
''(B) The purchase of a share of ownership, including an
equity interest, in that development.
''(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation.
The term 'investment' does not include the entry into,
performance, or financing of a contract to sell or purchase
goods, services, or technology.
''(10) Iran . - The term ' Iran ' includes any agency or
instrumentality of Iran .
''(11) Iranian diplomats and representatives of other
government and military or quasi-governmental institutions of
iran . - The term 'Iranian diplomats and representatives of other
government and military or quasi-governmental institutions of
Iran ' includes employees, representatives, or affiliates of
Iran 's -
''(A) Foreign Ministry;
''(B) Ministry of Intelligence and Security;
''(C) Revolutionary Guard Corps;
''(D) Crusade for Reconstruction;
''(E) Qods (Jerusalem) Forces;
''(F) Interior Ministry;
''(G) Foundation for the Oppressed and Disabled;
''(H) Prophet's Foundation;
''(I) June 5th Foundation;
''(J) Martyr's Foundation;
''(K) Islamic Propagation Organization; and
''(L) Ministry of Islamic Guidance.
''(12) Libya . - The term ' Libya ' includes any agency or
instrumentality of Libya .
''(13) Nuclear explosive device. - The term 'nuclear explosive
device' means any device, whether assembled or disassembled, that
is designed to produce an instantaneous release of an amount of
nuclear energy from special nuclear material (as defined in
section 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(aa))) that is greater than the amount of energy that would
be released from the detonation of one pound of trinitrotoluene
(TNT).
''(14) Person. - The term 'person' means -
''(A) a natural person;
''(B) a corporation, business association, partnership,
society, trust, any other nongovernmental entity, organization,
or group, and any governmental entity operating as a business
enterprise; and
''(C) any successor to any entity described in subparagraph
(B).
''(15) Petroleum resources. - The term 'petroleum resources'
includes petroleum and natural gas resources.
''(16) United states or state. - The term 'United States' or
'State' means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United
States.
''(17) United states person. - The term 'United States person'
means -
''(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
''(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly, more
than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity.''
(Memorandum of President of the United States, Nov. 21, 1996, 61
F.R. 64249, delegated to the Secretary of State, in consultation
with the Departments of the Treasury and Commerce and the United
States Trade Representative, and with the Export-Import Bank and
Federal Reserve Board and other interested agencies as appropriate
functions vested in the President by sections 4(c), 5(a), (b), (c),
(f), 6(1), (2), and 9(c) of Pub. L. 104-172, set out above,
delegated to the Secretary of State functions vested in the
President by sections 4(a), (b), (d), (e), 5(d), (e), 9(a), (b),
and 10 of Pub. L. 104-172, provided that any reference to
provisions of any Act related to the subject of the memorandum be
deemed to include references to any subsequent provision of law
that is the same or substantially the same as such provisions, and
provided that only the functions vested in the President by
sections 4(a), (b), (d), (e), 5(d), (e), and 10 of Pub. L. 104-172
and delegated by the memorandum could be redelegated.)
SANCTIONS AGAINST SERBIA AND MONTENEGRO
Pub. L. 106-113, div. B, Sec. 1000(a)(2) (title V, Sec. 599),
Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that:
''(a) Continuation of Executive Branch Sanctions. - The sanctions
listed in subsection (b) shall remain in effect for fiscal year
2000, unless the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations of the
House of Representatives a certification described in subsection
(c).
''(b) Applicable Sanctions. -
''(1) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical
assistance or grants of any kind to the government of Serbia.
''(2) The Secretary of State should instruct the United States
Ambassador to the Organization for Security and Cooperation in
Europe (OSCE) to block any consensus to allow the participation
of Serbia in the OSCE or any organization affiliated with the
OSCE.
''(3) The Secretary of State should instruct the United States
Representative to the United Nations to vote against any
resolution in the United Nations Security Council to admit Serbia
to the United Nations or any organization affiliated with the
United Nations, to veto any resolution to allow Serbia to assume
the United Nations' membership of the former Socialist Federal
Republic of Yugoslavia, and to take action to prevent Serbia from
assuming the seat formerly occupied by the Socialist Federal
Republic of Yugoslavia.
''(4) The Secretary of State should instruct the United States
Permanent Representative on the Council of the North Atlantic
Treaty Organization to oppose the extension of the Partnership
for Peace program or any other organization affiliated with NATO
to Serbia.
''(5) The Secretary of State should instruct the United States
Representatives to the Southeast European Cooperative Initiative
(SECI) to oppose and to work to prevent the extension of SECI
membership to Serbia.
''(c) Certification. - A certification described in this
subsection is a certification that -
''(1) the representatives of the successor states to the
Socialist Federal Republic of Yugoslavia have successfully
negotiated the division of assets and liabilities and all other
succession issues following the dissolution of the Socialist
Federal Republic of Yugoslavia;
''(2) the Government of Serbia is fully complying with its
obligations as a signatory to the General Framework Agreement for
Peace in Bosnia and Herzegovina;
''(3) the Government of Serbia is fully cooperating with and
providing unrestricted access to the International Criminal
Tribunal for the former Yugoslavia, including surrendering
persons indicted for war crimes who are within the jurisdiction
of the territory of Serbia, and with the investigations
concerning the commission of war crimes and crimes against
humanity in Kosova;
''(4) the Government of Serbia is implementing internal
democratic reforms; and
''(5) Serbian federal governmental officials, and
representatives of the ethnic Albanian community in Kosova have
agreed on, signed, and begun implementation of a negotiated
settlement on the future status of Kosova.
''(d) Statement of Policy. - It is the sense of the Congress that
the United States should not restore full diplomatic relations with
Serbia until the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations in the
House of Representatives the certification described in subsection
(c).
''(e) Exemption of Montenegro and Kosova. - The sanctions
described in subsection (b) shall not apply to Montenegro or
Kosova.
''(f) Definition. - The term 'international financial
institution' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and the
European Bank for Reconstruction and Development.
''(g) Waiver Authority. - The President may waive the application
in whole or in part, of any sanction described in subsection (b) if
the President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs.''
Pub. L. 105-277, div. A, Sec. 101(d) (title V, Sec. 539), Oct.
21, 1998, 112 Stat. 2681-150, 2681-182, provided that:
''(a) Restrictions. - None of the funds in this or any other Act
may be made available to modify or remove any sanction, prohibition
or requirement with respect to Serbia-Montenegro unless the
President first submits to the Congress a certification described
in subsection (c).
''(b) International Financial Institutions. - The Secretary of
the Treasury shall instruct the United States executive directors
of the international financial institutions to work in opposition
to, and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to the
government of Serbia-Montenegro, unless the President first submits
to the Congress a certification described in subsection (c).
''(c) Certification. - A certification described in this
subsection is a certification that -
''(1) there is substantial improvement in the human rights
situation in Kosova;
''(2) international human rights observers are allowed to
return to Kosova;
''(3) Serbian, Serbian-Montenegrin federal government
officials, and representatives of the ethnic Albanian community
in Kosova have agreed on and begun implementation of a negotiated
settlement on the future status of Kosova; and
''(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
''(d) Waiver Authority. - The President may waive the
application, in whole or in part, of subsections (a) and (b) if he
certifies in writing to the Congress that the waiver is necessary
to meet emergency humanitarian needs or to advance negotiations
toward a peaceful settlement of the conflict in Kosova that is
acceptable to the parties.
''(e) Exemption for Montenegro. - This section shall not apply to
Montenegro.''
(For delegation of functions of President under section 101(d)
(title V, Sec. 539) of div. A of Pub. L. 105-277, set out above,
see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,
set out as a note under section 2381 of Title 22, Foreign Relations
and Intercourse.)
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 104-208, div. A, title I, Sec. 101(c) (title V, Sec.
540), Sept. 30, 1996, 110 Stat. 3009-121, 3009-155.
Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110
Stat. 737.
Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107
Stat. 1839, provided that:
''(a) Codification of Executive Branch Sanctions. - The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act (Nov. 30, 1993), that were imposed by or
pursuant to the following directives of the executive branch shall
(except as provided under subsections (d) and (e)) remain in effect
until changed by law:
''(1) Executive Order 12808 of May 30, 1992 (set out below), as
continued in effect on May 25, 1993.
''(2) Executive Order 12810 of June 5, 1992 (set out below).
''(3) Executive Order 12831 of January 15, 1993 (set out
below).
''(4) Executive Order 12846 of April 25, 1993 (set out below).
''(5) Department of State Public Notice 1427, effective July
11, 1991.
''(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
''(7) Department of Transportation Order 92-5-38 of May 20,
1992.
''(8) Federal Aviation Administration action of June 19, 1992
(14 C.F.R. Part 91).
''(b) Prohibition on Assistance. - No funds appropriated or
otherwise made available by law may be obligated or expended on
behalf of the government of Serbia or the government of Montenegro.
''(c) International Financial Institutions. - The Secretary of
the Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance from that institution
to the government of Serbia or the government of Montenegro, except
for basic human needs.
''(d) Exception. - Notwithstanding any other provision of law,
the President is authorized and encouraged to exempt from sanctions
imposed against Serbia and Montenegro that are described in
subsection (a) those United States-supported programs, projects, or
activities that involve reform of the electoral process, the
development of democratic institutions or democratic political
parties, or humanitarian assistance (including refugee care and
human rights observation).
''(e) Waiver Authority. - (1) The President may waive or modify
the application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the
requirement in subsection (c).
''(2) Such a waiver or modification may only be effective upon
certification by the President to Congress that the President has
determined that the waiver or modification is necessary (A) to meet
emergency humanitarian needs, or (B) to achieve a negotiated
settlement of the conflict in Bosnia-Herzegovina that is acceptable
to the parties.''

-EXEC-
PRESIDENTIAL CERTIFICATION TO SUSPEND SANCTIONS IMPOSED ON THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
Determination of President of the United States, No. 99-14, Feb.
16, 1999, 64 F.R. 9263, provided:
Memorandum for the Secretary of Defense
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) (set
out as a note above), I hereby certify to the Congress that I have
determined that the waiver of the application of the prohibition in
section 1511(b) of Public Law 103-160 is necessary to achieve a
negotiated settlement of the conflict in Bosnia-Herzegovina that is
acceptable to the parties, to the extent that such provision
applies to the furnishing of assistance to the Republic of
Montenegro.
Therefore, I hereby waive the application of this provision with
respect to such assistance.
You are authorized and directed to transmit a copy of this
determination to the Congress and arrange for its publication in
the Federal Register. William J. Clinton.
Determination of President of the United States, No. 97-26, May
30, 1997, 62 F.R. 32015, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) (set
out as a note above) and section 540 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997
(contained in Public Law 104-208 (the ''Act'')) (set out as a note
above), I hereby certify to the Congress that I have determined
that the waiver of the application of the prohibition in section
1511(b) of Public Law 103-160 and of the application of section
540(a) of the Act is necessary to achieve a negotiated settlement
of the conflict in Bosnia and Herzegovina that is acceptable to the
parties, to the extent that such provisions apply to the furnishing
of assistance to facilitate destruction of military equipment.
Therefore, I hereby waive the application of these provisions
with respect to such assistance.
You are authorized and directed to transmit a copy of this
determination to the Congress and arrange for its publication in
the Federal Register. William J. Clinton.
Determination of the President of the United States, No. 96-7,
Dec. 27, 1995, 61 F.R. 2887, provided:
Memorandum for the Secretary of State, the Secretary of the
Treasury (and) the Secretary of Transportation
Pursuant to the authority vested in me by section 1511(e)(2) of
the National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160) (set out above) (the ''Act''), I hereby determine that
the waiver or modification of the sanctions on Serbia and
Montenegro that were imposed by or pursuant to the directives
described in section 1511(a)(1-5) and (7-8) of the Act, in
conformity with the provisions of United Nations Security Council
Resolutions 1021 and 1022 of November 22, 1995, is necessary to
achieve a negotiated settlement of the conflict in
Bosnia-Herzegovina that is acceptable to the parties.
Therefore, I hereby direct the Secretary of the Treasury to take
appropriate action to suspend the application of the sanctions
imposed on Serbia and Montenegro pursuant to Executive Order No.
12808 of May 30, 1992 (set out below), Executive Order No. 12810 of
June 5, 1992 (set out below), Executive Order No. 12831 of January
15, 1993 (set out below), and Executive Order No. 12846 of April
25, 1993 (set out below), effective upon the transmittal of this
determination to the Congress. The property and interests in
property previously blocked remain blocked until provision is made
to address claims or encumbrances, including the claims of the
other successor states of the former Yugoslavia.
I hereby direct the Secretary of Transportation to take
appropriate action to suspend the application of the sanctions
imposed pursuant to Department of Transportation Order 92-5-38 of
May 20, 1992, Department of Transportation Order 92-6-27 of June
12, 1992, and Special Federal Aviation Regulation No. 66-2 of May
31, 1995 (14 C.F.R. Part 91, 60 Federal Register 28477), effective
upon the transmittal of this determination to the Congress.
I hereby authorize the Secretary of State to take appropriate
action to suspend the application of the sanctions imposed pursuant
to Department of State Public Notice 1427 of July 11, 1991, at the
appropriate time in conformity with the provisions of United
Nations Security Council Resolution 1021 of November 22, 1995.
The national emergency declared in Executive Order No. 12808 (set
out below) and expanded in Executive Order No. 12934 (set out
below) shall continue in effect.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register. William J. Clinton.

-MISC6-
IRAN -IRAQ ARMS NON-PROLIFERATION
Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat.
2571, as amended by Pub. L. 104-106, div. A, title XIV, Sec.
1408(a)-(c), Feb. 10, 1996, 110 Stat. 494, provided that:
''SEC. 1601. SHORT TITLE.
''This title may be cited as the ' Iran -Iraq Arms
Non-Proliferation Act of 1992'.
''SEC. 1602. UNITED STATES POLICY.
''(a) In General. - It shall be the policy of the United States
to oppose, and urgently to seek the agreement of other nations also
to oppose, any transfer to Iran or Iraq of any goods or technology,
including dual-use goods or technology, wherever that transfer
could materially contribute to either country's acquiring chemical,
biological, nuclear, or destabilizing numbers and types of advanced
conventional weapons.
''(b) Sanctions. - (1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to Iran ,
Iraq, and those nations and persons who assist them in acquiring
weapons of mass destruction in accordance with the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Nuclear
Non-Proliferation Act of 1978 (22 U.S.C. 3201 et seq.), the
Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991 (22 U.S.C. 5601 et seq.), chapter 7 of the Arms Export
Control Act (22 U.S.C. 2797 et seq.), and other relevant statutes,
regarding the non-proliferation of weapons of mass destruction and
the means of their delivery.
''(2) The President should also urgently seek the agreement of
other nations to adopt and institute, at the earliest practicable
date, sanctions and controls comparable to those the United States
is obligated to apply under this subsection.
''(c) Public Identification. - The Congress calls on the
President to identify publicly (in the report required by section
1607) any country or person that transfers goods or technology to
Iran or Iraq contrary to the policy set forth in subsection (a).
''SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
''The sanctions against Iraq specified in paragraphs (1) through
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as
contained in Public Law 101-513) (set out below), including denial
of export licenses for United States persons and prohibitions on
United States Government sales, shall be applied to the same extent
and in the same manner with respect to Iran .
''SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
''(a) Prohibition. - If any person transfers or retransfers goods
or technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then the sanctions described in subsection
(b) shall be imposed.
''(b) Mandatory Sanctions. - The sanctions to be imposed pursuant
to subsection (a) are as follows:
''(1) Procurement sanction. - For a period of two years, the
United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
''(2) Export sanction. - For a period of two years, the United
States Government shall not issue any license for any export by
or to the sanctioned person.
''SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
''(a) Prohibition. - If the President determines that the
government of any foreign country transfers or retransfers goods or
technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then -
''(1) the sanctions described in subsection (b) shall be
imposed on such country; and
''(2) in addition, the President may apply, in the discretion
of the President, the sanction described in subsection (c).
''(b) Mandatory Sanctions. - Except as provided in paragraph (2),
the sanctions to be imposed pursuant to subsection (a)(1) are as
follows:
''(1) Suspension of united states assistance. - The United
States Government shall suspend, for a period of one year, United
States assistance to the sanctioned country.
''(2) Multilateral development bank assistance. - The Secretary
of the Treasury shall instruct the United States Executive
Director to each appropriate international financial institution
to oppose, and vote against, for a period of one year, the
extension by such institution of any loan or financial or
technical assistance to the sanctioned country.
''(3) Suspension of codevelopment or coproduction agreements. -
The United States shall suspend, for a period of one year,
compliance with its obligations under any memorandum of
understanding with the sanctioned country for the codevelopment
or coproduction of any item on the United States Munitions List
(established under section 38 of the Arms Export Control Act (22
U.S.C. 2778)), including any obligation for implementation of the
memorandum of understanding through the sale to the sanctioned
country of technical data or assistance or the licensing for
export to the sanctioned country of any component part.
''(4) Suspension of military and dual-use technical exchange
agreements. - The United States shall suspend, for a period of
one year, compliance with its obligations under any technical
exchange agreement involving military and dual-use technology
between the United States and the sanctioned country that does
not directly contribute to the security of the United States, and
no military or dual-use technology may be exported from the
United States to the sanctioned country pursuant to that
agreement during that period.
''(5) United states munitions list. - No item on the United
States Munitions List (established pursuant to section 38 of the
Arms Export Control Act) may be exported to the sanctioned
country for a period of one year.
''(c) Discretionary Sanction. - The sanction referred to in
subsection (a)(2) is as follows:
''(1) Use of authorities of international emergency economic
powers act. - Except as provided in paragraph (2), the President
may exercise, in accordance with the provisions of that Act (50
U.S.C. 1701 et seq.), the authorities of the International
Emergency Economic Powers Act with respect to the sanctioned
country.
''(2) Exception. - Paragraph (1) does not apply with respect to
urgent humanitarian assistance.
''SEC. 1606. WAIVER.
''The President may waive the requirement to impose a sanction
described in section 1603, in the case of Iran , or a sanction
described in section 1604(b) or 1605(b), in the case of Iraq and
Iran , 15 days after the President determines and so reports to the
Committees on Armed Services and Foreign Relations of the Senate
and the Committees on Armed Services and Foreign Affairs (now
Committee on International Relations) of the House of
Representatives that it is essential to the national interest of
the United States to exercise such waiver authority. Any such
report shall provide a specific and detailed rationale for such
determination.
''SEC. 1607. REPORTING REQUIREMENT.
''(a) Annual Report. - Beginning one year after the date of the
enactment of this Act (Oct. 23, 1992), and every 12 months
thereafter, the President shall submit to the Committees on Armed
Services and Foreign Relations of the Senate and the Committees on
Armed Services and Foreign Affairs (now Committee on International
Relations) of the House of Representatives a report detailing -
''(1) all transfers or retransfers made by any person or
foreign government during the preceding 12-month period which are
subject to any sanction under this title; and
''(2) the actions the President intends to undertake or has
undertaken pursuant to this title with respect to each such
transfer.
''(b) Report on Individual Transfers. - Whenever the President
determines that a person or foreign government has made a transfer
which is subject to any sanction under this title, the President
shall, within 30 days after such transfer, submit to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs (now Committee on
International Relations) of the House of Representatives a report -
''(1) identifying the person or government and providing the
details of the transfer; and
''(2) describing the actions the President intends to undertake
or has undertaken under the provisions of this title with respect
to each such transfer.
''(c) Form of Transmittal. - Reports required by this section may
be submitted in classified as well as in unclassified form.
''SEC. 1608. DEFINITIONS.
''For purposes of this title:
''(1) The term 'advanced conventional weapons' includes -
''(A) such long-range precision-guided munitions, fuel air
explosives, cruise missiles, low observability aircraft, other
radar evading aircraft, advanced military aircraft, military
satellites, electromagnetic weapons, and laser weapons as the
President determines destabilize the military balance or
enhance offensive capabilities in destabilizing ways;
''(B) such advanced command, control, and communications
systems, electronic warfare systems, or intelligence collection
systems as the President determines destabilize the military
balance or enhance offensive capabilities in destabilizing
ways; and
''(C) such other items or systems as the President may, by
regulation, determine necessary for purposes of this title.
''(2) The term 'cruise missile' means guided missiles that use
aerodynamic lift to offset gravity and propulsion to counteract
drag.
''(3) The term 'goods or technology' means -
''(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment; and
''(B) any information and know-how (whether in tangible form,
such as models, prototypes, drawings, sketches, diagrams,
blueprints, or manuals, or in intangible form, such as training
or technical services) that can be used to design, produce,
manufacture, utilize, or reconstruct goods, including computer
software and technical data.
''(4) The term 'person' means any United States or foreign
individual, partnership, corporation, or other form of
association, or any of their successor entities, parents, or
subsidiaries.
''(5) The term 'sanctioned country' means a country against
which sanctions are required to be imposed pursuant to section
1605.
''(6) The term 'sanctioned person' means a person that makes a
transfer described in section 1604(a).
''(7) The term 'United States assistance' means -
''(A) any assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), other than urgent humanitarian
assistance or medicine;
''(B) sales and assistance under the Arms Export Control Act
(22 U.S.C. 2751 et seq.);
''(C) financing by the Commodity Credit Corporation for
export sales of agricultural commodities; and
''(D) financing under the Export-Import Bank Act (of 1945)
(22 U.S.C. 635 et seq.).''
(Memorandum of President of the United States, Sept. 27, 1994, 59
F.R. 50685, delegated to Secretary of State, in consultation with
heads of other departments and agencies, all functions vested in
President under title XVI of Pub. L. 102-484, set out above,
without limitation of authority of other officials to exercise
powers heretofore or hereafter delegated to them to implement
sanctions imposed or actions directed by the Secretary pursuant to
this delegation of authority.)
PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ
Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which
authorized President to vest title in a portion of property in
which transactions were blocked pursuant to Executive Order 12722
in order to satisfy obligations owed to United States Government
and United States nationals for which Iraq had suspended repayment,
was repealed by Pub. L. 102-27, title IV, Sec. 402(a), Apr. 10,
1991, 105 Stat. 155, as amended by Pub. L. 102-136, Sec. 126, Oct.
25, 1991, 105 Stat. 643, effective Nov. 5, 1990.
IRAQ SANCTIONS
Pub. L. 101-513, title V, Sec. 586-586J, Nov. 5, 1990, 104 Stat.
2047-2054, provided that:
''SEC. 586. SHORT TITLE.
''Sections 586 through 586J of this Act may be cited as the 'Iraq
Sanctions Act of 1990'.
''SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
''The Congress -
''(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
''(2) supports the actions that have been taken by the
President in response to that invasion;
''(3) calls for the immediate and unconditional withdrawal of
Iraqi forces from Kuwait;
''(4) supports the efforts of the United Nations Security
Council to end this violation of international law and threat to
international peace;
''(5) supports the imposition and enforcement of multilateral
sanctions against Iraq;
''(6) calls on United States allies and other countries to
support fully the efforts of the United Nations Security Council,
and to take other appropriate actions, to bring about an end to
Iraq's occupation of Kuwait; and
''(7) condemns the brutal occupation of Kuwait by Iraq and its
gross violations of internationally recognized human rights in
Kuwait, including widespread arrests, torture, summary
executions, and mass extrajudicial killings.
''SEC. 586B. CONSULTATIONS WITH CONGRESS.
''The President shall keep the Congress fully informed, and shall
consult with the Congress, with respect to current and anticipated
events regarding the international crisis caused by Iraq's invasion
of Kuwait, including with respect to United States actions.
''SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
''(a) Continuation of Embargo. - Except as otherwise provided in
this section, the President shall continue to impose the trade
embargo and other economic sanctions with respect to Iraq and
Kuwait that the United States is imposing, in response to Iraq's
invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and
12725 (set out below) (August 9, 1990) and, to the extent they are
still in effect, Executive Orders Numbered 12722 and 12723 (set out
below) (August 2, 1990). Notwithstanding any other provision of
law, no funds, credits, guarantees, or insurance appropriated or
otherwise made available by this or any other Act for fiscal year
1991 or any fiscal year thereafter shall be used to support or
administer any financial or commercial operation of any United
States Government department, agency, or other entity, or of any
person subject to the jurisdiction of the United States, for the
benefit of the Government of Iraq, its agencies or
instrumentalities, or any person working on behalf of the
Government of Iraq, contrary to the trade embargo and other
economic sanctions imposed in accordance with this section.
''(b) Humanitarian Assistance. - To the extent that transactions
involving foodstuffs or payments for foodstuffs are exempted 'in
humanitarian circumstances' from the prohibitions established by
the United States pursuant to United Nations Security Council
Resolution 661 (1990), those exemptions shall be limited to
foodstuffs that are to be provided consistent with United Nations
Security Council Resolution 666 (1990) and other relevant Security
Council resolutions.
''(c) Notice to Congress of Exceptions to and Termination of
Sanctions. -
''(1) Notice of regulations. - Any regulations issued after the
date of enactment of this Act (Nov. 5, 1990) with respect to the
economic sanctions imposed with respect to Iraq and Kuwait by the
United States under Executive Orders Numbered 12722 and 12723
(August 2, 1990) and Executive Orders Numbered 12724 and 12725
(August 9, 1990) shall be submitted to the Congress before those
regulations take effect.
''(2) Notice of termination of sanctions. - The President shall
notify the Congress at least 15 days before the termination, in
whole or in part, of any sanction imposed with respect to Iraq or
Kuwait pursuant to those Executive orders.
''(d) Relation to Other Laws. -
''(1) Sanctions legislation. - The sanctions that are described
in subsection (a) are in addition to, and not in lieu of the
sanctions provided for in section 586G of this Act or any other
provision of law.
''(2) National emergencies and united nations legislation. -
Nothing in this section supersedes any provision of the National
Emergencies Act (50 U.S.C. 1601 et seq.) or any authority of the
President under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) or section 5(a) of the United Nations
Participation Act of 1945 (22 U.S.C. 287c(a)).
''SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.
''(a) Denial of Assistance. - None of the funds appropriated or
otherwise made available pursuant to this Act (see Tables for
classification) to carry out the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) (including title IV of chapter 2 of part I (22
U.S.C. 2191 et seq.), relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act (22 U.S.C. 2751 et
seq.) may be used to provide assistance to any country that is not
in compliance with the United Nations Security Council sanctions
against Iraq unless the President determines and so certifies to
the Congress that -
''(1) such assistance is in the national interest of the United
States;
''(2) such assistance will directly benefit the needy people in
that country; or
''(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
''(b) Import Sanctions. - If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not prohibited
-
''(1) the importation of products of Iraq into its customs
territory, and
''(2) the export of its products to Iraq.
''SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
''Notwithstanding section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United
Nations Participation Act of 1945 (22 U.S.C. 287c(b)) -
''(1) a civil penalty of not to exceed $250,000 may be imposed
on any person who, after the date of enactment of this Act (Nov.
5, 1990), violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 (set out
below) or any license, order, or regulation issued under any such
Executive order; and
''(2) whoever, after the date of enactment of this Act,
willfully violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 or any
license, order, or regulation issued under any such Executive
order -
''(A) shall, upon conviction, be fined not more than
$1,000,000, if a person other than a natural person; or
''(B) if a natural person, shall, upon conviction, be fined
not more than $1,000,000, be imprisoned for not more than 12
years, or both.
Any officer, director, or agent of any corporation who knowingly
participates in a violation, evasion, or attempt described in
paragraph (2) may be punished by imposition of the fine or
imprisonment (or both) specified in subparagraph (B) of that
paragraph.
''SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS
OF INTERNATIONAL LAW.
''(a) Iraq's Violations of International Law. - The Congress
determines that -
''(1) the Government of Iraq has demonstrated repeated and
blatant disregard for its obligations under international law by
violating the Charter of the United Nations, the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare (done at Geneva,
June 17, 1925), as well as other international treaties;
''(2) the Government of Iraq is a party to the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights and is
obligated under the Covenants, as well as the Universal
Declaration of Human Rights, to respect internationally
recognized human rights;
''(3) the State Department's Country Reports on Human Rights
Practices for 1989 again characterizes Iraq's human rights record
as 'abysmal';
''(4) Amnesty International, Middle East Watch, and other
independent human rights organizations have documented extensive,
systematic, and continuing human rights abuses by the Government
of Iraq, including summary executions, mass political killings,
disappearances, widespread use of torture, arbitrary arrests and
prolonged detention without trial of thousands of political
opponents, forced relocation and deportation, denial of nearly
all civil and political rights such as freedom of association,
assembly, speech, and the press, and the imprisonment, torture,
and execution of children;
''(5) since 1987, the Government of Iraq has intensified its
severe repression of the Kurdish minority of Iraq, deliberately
destroyed more than 3,000 villages and towns in the Kurdish
regions, and forcibly expelled more than 500,000 people, thus
effectively depopulating the rural areas of Iraqi Kurdistan;
''(6) Iraq has blatantly violated international law by
initiating use of chemical weapons in the Iran -Iraq war;
''(7) Iraq has also violated international law by using
chemical weapons against its own Kurdish citizens, resulting in
tens of thousands of deaths and more than 65,000 refugees;
''(8) Iraq continues to expand its chemical weapons capability,
and President Saddam Hussein has threatened to use chemical
weapons against other nations;
''(9) persuasive evidence exists that Iraq is developing
biological weapons in violation of international law;
''(10) there are strong indications that Iraq has taken steps
to produce nuclear weapons and has attempted to smuggle from the
United States, in violation of United States law, components for
triggering devices used in nuclear warheads whose manufacture
would contravene the Treaty on the Non-Proliferation of Nuclear
Weapons, to which Iraq is a party; and
''(11) Iraqi President Saddam Hussein has threatened to use
terrorism against other nations in violation of international law
and has increased Iraq's support for the Palestine Liberation
Organization and other Palestinian groups that have conducted
terrorist acts.
''(b) Human Rights Violations. - The Congress determines that the
Government of Iraq is engaged in a consistent pattern of gross
violations of internationally recognized human rights. All
provisions of law that impose sanctions against a country whose
government is engaged in a consistent pattern of gross violations
of internationally recognized human rights shall be fully enforced
against Iraq.
''(c) Support for International Terrorism. - (1) The Congress
determines that Iraq is a country which has repeatedly provided
support for acts of international terrorism, a country which grants
sanctuary from prosecution to individuals or groups which have
committed an act of international terrorism, and a country which
otherwise supports international terrorism. The provisions of law
specified in paragraph (2) and all other provisions of law that
impose sanctions against a country which has repeatedly provided
support for acts of international terrorism, which grants sanctuary
from prosecution to an individual or group which has committed an
act of international terrorism, or which otherwise supports
international terrorism shall be fully enforced against Iraq.
''(2) The provisions of law referred to in paragraph (1) are -
''(A) section 40 of the Arms Export Control Act (22 U.S.C.
2780);
''(B) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
''(C) sections 555 and 556 of this Act (104 Stat. 2021, 2022)
(and the corresponding sections of predecessor foreign operations
appropriations Acts); and
''(D) section 555 of the International Security and Development
Cooperation Act of 1985 (99 Stat. 227).
''(d) Multilateral Cooperation. - The Congress calls on the
President to seek multilateral cooperation -
''(1) to deny dangerous technologies to Iraq;
''(2) to induce Iraq to respect internationally recognized
human rights; and
''(3) to induce Iraq to allow appropriate international
humanitarian and human rights organizations to have access to
Iraq and Kuwait, including the areas in northern Iraq
traditionally inhabited by Kurds.
''SEC. 586G. SANCTIONS AGAINST IRAQ.
''(a) Imposition. - Except as provided in section 586H, the
following sanctions shall apply with respect to Iraq:
''(1) FMS sales. - The United States Government shall not enter
into any sale with Iraq under the Arms Export Control Act (22
U.S.C. 2751 et seq.).
''(2) Commercial arms sales. - Licenses shall not be issued for
the export to Iraq of any item on the United States Munitions
List.
''(3) Exports of certain goods and technology. - The
authorities of section 6 of the Export Administration Act of 1979
(50 U.S.C. App. 2405) shall be used to prohibit the export to
Iraq of any goods or technology listed pursuant to that section
or section 5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) on the
control list provided for in section 4(b) of that Act (50 U.S.C.
App. 2403(b)).
''(4) Nuclear equipment, materials, and technology. -
''(A) NRC licenses. - The Nuclear Regulatory Commission shall
not issue any license or other authorization under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 and following) for the
export to Iraq of any source or special nuclear material, any
production or utilization facility, any sensitive nuclear
technology, any component, item, or substance determined to
have significance for nuclear explosive purposes pursuant to
section 109b. of the Atomic Energy Act of 1954 (42 U.S.C.
2139(b)), or any other material or technology requiring such a
license or authorization.
''(B) Distribution of nuclear materials. - The authority of
the Atomic Energy Act of 1954 shall not be used to distribute
any special nuclear material, source material, or byproduct
material to Iraq.
''(C) DOE authorizations. - The Secretary of Energy shall not
provide a specific authorization under section 57b.(2) of the
Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any
activity that would constitute directly or indirectly engaging
in Iraq in activities that require a specific authorization
under that section.
''(5) Assistance from international financial institutions. -
The United States shall oppose any loan or financial or technical
assistance to Iraq by international financial institutions in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d).
''(6) Assistance through the export-import bank. - Credits and
credit guarantees through the Export-Import Bank of the United
States shall be denied to Iraq.
''(7) Assistance through the commodity credit corporation. -
Credit, credit guarantees, and other assistance through the
Commodity Credit Corporation shall be denied to Iraq.
''(8) Foreign assistance. - All forms of assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following)
other than emergency assistance for medical supplies and other
forms of emergency humanitarian assistance, and under the Arms
Export Control Act (22 U.S.C. 2751 and following) shall be denied
to Iraq.
''(b) Contract Sanctity. - For purposes of the export controls
imposed pursuant to subsection (a)(3), the date described in
subsection (m)(1) of section 6 of the Export Administration Act of
1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 1990.
''SEC. 586H. WAIVER AUTHORITY.
''(a) In General. - The President may waive the requirements of
any paragraph of section 586G(a) if the President makes a
certification under subsection (b) or subsection (c).
''(b) Certification of Fundamental Changes in Iraqi Policies and
Actions. - The authority of subsection (a) may be exercised 60 days
after the President certifies to the Congress that -
''(1) the Government of Iraq -
''(A) has demonstrated, through a pattern of conduct,
substantial improvement in its respect for internationally
recognized human rights;
''(B) is not acquiring, developing, or manufacturing (i)
ballistic missiles, (ii) chemical, biological, or nuclear
weapons, or (iii) components for such weapons; has forsworn the
first use of such weapons; and is taking substantial and
verifiable steps to destroy or otherwise dispose of any such
missiles and weapons it possesses; and
''(C) does not provide support for international terrorism;
''(2) the Government of Iraq is in substantial compliance with
its obligations under international law, including -
''(A) the Charter of the United Nations;
''(B) the International Covenant on Civil and Political
Rights (done at New York, December 16, 1966) and the
International Covenant on Economic, Social, and Cultural Rights
(done at New York, December 16, 1966);
''(C) the Convention on the Prevention and Punishment of the
Crime of Genocide (done at Paris, December 9, 1948);
''(D) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare (done at Geneva, June 17, 1925);
''(E) the Treaty on the Non-Proliferation of Nuclear Weapons
(done at Washington, London, and Moscow, July 1, 1968); and
''(F) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (done at Washington,
London, and Moscow, April 10, 1972); and
''(3) the President has determined that it is essential to the
national interests of the United States to exercise the authority
of subsection (a).
''(c) Certification of Fundamental Changes in Iraqi Leadership
and Policies. - The authority of subsection (a) may be exercised 30
days after the President certifies to the Congress that -
''(1) there has been a fundamental change in the leadership of
the Government of Iraq; and
''(2) the new Government of Iraq has provided reliable and
credible assurance that -
''(A) it respects internationally recognized human rights and
it will demonstrate such respect through its conduct;
''(B) it is not acquiring, developing, or manufacturing and
it will not acquire, develop, or manufacture (i) ballistic
missiles, (ii) chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn the first use
of such weapons; and is taking substantial and verifiable steps
to destroy or otherwise dispose of any such missiles and
weapons it possesses;
''(C) it is not and will not provide support for
international terrorism; and
''(D) it is and will continue to be in substantial compliance
with its obligations under international law, including all the
treaties specified in subparagraphs (A) through (F) of
subsection (b)(2).
''(d) Information To Be Included in Certifications. - Any
certification under subsection (b) or (c) shall include the
justification for each determination required by that subsection.
The certification shall also specify which paragraphs of section
586G(a) the President will waive pursuant to that certification.
''SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR
WEAPONS CAPABILITY.
''(a) Restriction on Export Licenses. - None of the funds
appropriated by this or any other Act may be used to approve the
licensing for export of any supercomputer to any country whose
government the President determines is assisting, or whose
government officials the President determines are assisting, Iraq
to improve its rocket technology or chemical, biological, or
nuclear weapons capability.
''(b) Negotiations. - The President is directed to begin
immediate negotiations with those governments with which the United
States has bilateral supercomputer agreements, including the
Government of the United Kingdom and the Government of Japan, on
conditions restricting the transfer to Iraq of supercomputer or
associated technology.
''SEC. 586J. REPORTS TO CONGRESS.
''(a) Study and Report on the International Export to Iraq of
Nuclear, Biological, Chemical, and Ballistic Missile Technology. -
(1) The President shall conduct a study on the sale, export, and
third party transfer or development of nuclear, biological,
chemical, and ballistic missile technology to or with Iraq
including -
''(A) an identification of specific countries, as well as
companies and individuals, both foreign and domestic, engaged in
such sale or export of, nuclear, biological, chemical, and
ballistic missile technology;
''(B) a detailed description and analysis of the international
supply, information, support, and coproduction network,
individual, corporate, and state, responsible for Iraq's current
capability in the area of nuclear, biological, chemical, and
ballistic missile technology; and
''(C) a recommendation of standards and procedures against
which to measure and verify a decision of the Government of Iraq
to terminate the development, production, coproduction, and
deployment of nuclear, biological, chemical, and offensive
ballistic missile technology as well as the destruction of all
existing facilities associated with such technologies.
''(2) The President shall include in the study required by
paragraph (1) specific recommendations on new mechanisms, to
include, but not be limited to, legal, political, economic and
regulatory, whereby the United States might contribute, in
conjunction with its friends, allies, and the international
community, to the management, control, or elimination of the threat
of nuclear, biological, chemical, and ballistic missile
proliferation.
''(3) Not later than March 30, 1991, the President shall submit
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs (now Committee on International
Relations) of the House of Representatives, a report, in both
classified and unclassified form, setting forth the findings of the
study required by paragraph (1) of this subsection.
''(b) Study and Report on Iraq's Offensive Military Capability. -
(1) The President shall conduct a study on Iraq's offensive
military capability and its effect on the Middle East balance of
power including an assessment of Iraq's power projection
capability, the prospects for another sustained conflict with Iran ,
joint Iraqi-Jordanian military cooperation, the threat Iraq's arms
transfer activities pose to United States allies in the Middle
East, and the extension of Iraq's political-military influence into
Africa and Latin America.
''(2) Not later than March 30, 1991, the President shall submit
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs (now Committee on International
Relations) of the House of Representatives, a report, in both
classified and unclassified form, setting forth the findings of the
study required by paragraph (1).
''(c) Report on Sanctions Taken by Other Nations Against Iraq. -
(1) The President shall prepare a report on the steps taken by
other nations, both before and after the August 2, 1990, invasion
of Kuwait, to curtail the export of goods, services, and
technologies to Iraq which might contribute to, or enhance, Iraq's
nuclear, biological, chemical, and ballistic missile capability.
''(2) The President shall provide a complete accounting of
international compliance with each of the sanctions resolutions
adopted by the United Nations Security Council against Iraq since
August 2, 1990, and shall list, by name, each country which to his
knowledge, has provided any assistance to Iraq and the amount and
type of that assistance in violation of each United Nations
resolution.
''(3) The President shall make every effort to encourage other
nations, in whatever forum or context, to adopt sanctions toward
Iraq similar to those contained in this section.
''(4) Not later than every 6 months after the date of enactment
of this Act (Nov. 5, 1990), the President shall submit to the
Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee
on Foreign Affairs (now Committee on International Relations) of
the House of Representatives, a report in both classified and
unclassified form, setting forth the findings of the study required
by paragraph (1) of this subsection.''
(Provisions similar to section 586D of Pub. L. 101-513, set out
above, relating to compliance with sanctions against Iraq were
contained in the following appropriations acts:
(Pub. L. 106-113, div. B, Sec. 1000(a)(2) (title V, Sec. 534),
Nov. 29, 1999, 113 Stat. 1535, 1501A-93.
(Pub. L. 105-277, div. A, Sec. 101(d) (title V, Sec. 535), Oct.
21, 1998, 112 Stat. 2681-150, 2681-181.
(Pub. L. 105-118, title V, Sec. 534, Nov. 26, 1997, 111 Stat.
2416.
(Pub. L. 104-208, div. A, title I, Sec. 101(c) (title V, Sec.
533), Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.
(Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat.
734.
(Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat.
1639.
(Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat.
957.
(Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat.
1683.)
Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104
Stat. 1697, provided that: ''If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not -
''(1) prohibited -
''(A) the importation of products of Iraq into its customs
territory, and
''(B) the export of its products to Iraq; or
''(2) given assurances satisfactory to the President that such
import and export sanctions will be promptly implemented.''
IRAN CLAIMS SETTLEMENT
Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided
that:
''SEC. 501. RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.
''(a) Authority of Foreign Claims Settlement Commission. - The
Foreign Claims Settlement Commission of the United States is
authorized to receive and determine the validity and amounts of
claims by nationals of the United States against Iran which are
settled en bloc by the United States. In deciding such claims, the
Commission shall apply, in the following order -
''(1) the terms of any settlement agreement;
''(2) the relevant provisions of the Declarations of the
Government of the Democratic and Popular Republic of Algeria of
January 19, 1981, giving consideration to interpretations thereof
by the Iran -United States Claims Tribunal; and
''(3) applicable principles of international law, justice, and
equity.
Except as otherwise provided in this title, the provisions of title
I of the International Claims Settlement Act of 1949 (22 U.S.C.
1621 et seq.) shall apply with respect to claims under this
section. Any reference in such provisions to 'this title'
(translated therein as 'this subchapter') shall be deemed to refer
to those provisions and to this section.
''(b) Certification and Payment. - The Commission shall certify
to the Secretary of the Treasury any awards determined pursuant to
subsection (a) in accordance with section 5 of title I of the
International Claims Settlement Act of 1949 (22 U.S.C. 1624). Such
awards shall be paid in accordance with sections 7 and 8 of such
title (22 U.S.C. 1626 and 1627), except that -
''(1) the Secretary of the Treasury is authorized to make
payments pursuant to paragraphs (1) and (2) of section 8(c) of
such title in the amount of $10,000 or the principal amount of
the award, whichever is less; and
''(2) the Secretary of the Treasury may deduct, pursuant to
section 7(b) of such title, an amount calculated in accordance
with section 502(a) of this Act, instead of 5 percent of payments
made pursuant to section 8(c) of such title.
''SEC. 502. DEDUCTIONS FROM ARBITRAL AWARDS.
''(a) Deduction for Expenses of the United States. - Except as
provided in section 503, the Federal Reserve Bank of New York shall
deduct from the aggregate amount awarded under each enumerated
claim before the Iran -United States Claims Tribunal in favor of a
United States claimant, an amount equal to 1 1/2 percent of the
first $5,000,000 and 1 percent of any amount over $5,000,000, as
reimbursement to the United States Government for expenses incurred
in connection with the arbitration of claims of United States
claimants against Iran before that Tribunal and the maintenance of
the Security Account established pursuant to the Declarations of
the Democratic and Popular Republic of Algeria of January 19, 1981.
The Federal Reserve Bank of New York shall make the deduction
required by the preceding sentence whenever the Bank receives an
amount from the Security Account in satisfaction of an award
rendered by the Iran -United States Claim Tribunal on the enumerated
claim involved.
''(b) Deduction Treated as Miscellaneous Receipt. - Amounts
deducted by the Federal Reserve Bank of New York pursuant to
subsection (a) shall be deposited into the Treasury of the United
States to the credit of miscellaneous receipts.
''(c) Payment to United States Claimants. - Nothing in this
section shall be construed to affect the payment to United States
claimants of amounts received by the Federal Reserve Bank of New
York in respect of awards by the Iran -United States Claims
Tribunal, after deduction of the amounts calculated in accordance
with subsection (a).
''(d) Effective Date. - This section shall be effective as of
June 7, 1982.
''SEC. 503. EN BLOC SETTLEMENT.
''The deduction by the Federal Reserve Bank of New York provided
for in section 502(a) of this Act shall not apply in the case of a
sum received by the Bank pursuant to an en bloc settlement of any
category of claims of United States nationals against Iran when
such sum is to be used for payments in satisfaction of awards
certified by the Foreign Claims Settlement Commission pursuant to
section 501(b) of this Act.
''SEC. 504. REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.
''The Secretary of the Treasury may reimburse the Federal Reserve
Bank of New York for expenses incurred by the Bank in the
performance of fiscal agency agreements relating to the settlement
or arbitration of claims pursuant to the Declarations of the
Democratic and Popular Republic of Algeria of January 19, 1981.
''SEC. 505. CONFIDENTIALITY OF RECORDS.
''Notwithstanding section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information Act), records
pertaining to the arbitration of claims before the Iran -United
States Claims Tribunal may not be disclosed to the general public,
except that -
''(1) rules, awards, and other decisions of the Tribunal and
claims and responsive pleadings filed at the Tribunal by the
United States on its own behalf shall be made available to the
public, unless the Secretary of State determines that public
disclosure would be prejudicial to the interests of the United
States or United States claimants in proceedings before the
Tribunal, or that public disclosure would be contrary to the
rules of the Tribunal; and
''(2) the Secretary of State may determine on a case-by-case
basis to make such information available when in the judgment of
the Secretary the interests of justice so require.''
EX. ORD. NO. 12170. BLOCKING IRANIAN GOVERNMENT PROPERTY
Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729, provided:
Pursuant to the authority vested in me as President by the
Constitution and laws of the United States including the
International Emergency Economic Powers Act, 50 U.S.C.A. sec. 1701
et seq., the National Emergencies Act, 50 U.S.C. sec. 1601 et seq.,
and 3 U.S.C. sec. 301,
I, JIMMY CARTER, President of the United States, find that the
situation in Iran constitutes an unusual and extraordinary threat
to the national security, foreign policy and economy of the United
States and hereby declare a national emergency to deal with that
threat.
I hereby order blocked all property and interests in property of
the Government of Iran , its instrumentalities and controlled
entities and the Central Bank of Iran which are or become subject
to the jurisdiction of the United States or which are in or come
within the possession or control of persons subject to the
jurisdiction of the United States.
The Secretary of the Treasury is authorized to employ all powers
granted to me by the International Emergency Economic Powers Act
(this chapter) to carry out the provisions of this order.
This order is effective immediately and shall be transmitted to
the Congress and published in the Federal Register.
Jimmy Carter.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12170
Notice of President of the United States, dated Nov. 5, 1999, 64
F.R. 61471, provided:
On November 14, 1979, by Executive Order 12170 (set out above),
the President declared a national emergency to deal with the threat
to the national security, foreign policy, and economy of the United
States constituted by the situation in Iran . Notices of the
continuation of this national emergency have been transmitted
annually by the President to the Congress and the Federal Register.
The most recent notice appeared in the Federal Register on November
12, 1998. Because our relations with Iran have not yet returned to
normal, and the process of implementing the January 19, 1981,
agreements with Iran is still underway, the national emergency
declared on November 14, 1979, must continue in effect beyond
November 14, 1999. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing
the national emergency with respect to Iran . This notice shall be
published in the Federal Register and transmitted to the Congress.
William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12170 were contained in the following:
Notice of President of the United States, dated Nov. 9, 1998, 63
F.R. 63125.
Notice of President of the United States, dated Sept. 30, 1997,
62 F.R. 51591.
Notice of President of the United States, dated Oct. 29, 1996, 61
F.R. 56107.
Notice of President of the United States, dated Oct. 31, 1995, 60
F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994, 59
F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993, 58
F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992, 57
F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991, 56
F.R. 57791.
Notice of the President of the United States, dated Nov. 9, 1990,
55 F.R. 47453.
Notice of the President of the United States, dated Oct. 30,
1989, 54 F.R. 46043.
Notice of the President of the United States, dated Nov. 8, 1988,
53 F.R. 45750.
Notice of the President of the United States, dated Nov. 10,
1987, 52 F.R. 43549.
Notice of the President of the United States, dated Nov. 10,
1986, 51 F.R. 41067.
Notice of the President of the United States, dated Nov. 1, 1985,
50 F.R. 45901.
Notice of the President of the United States, dated Nov. 7, 1984,
49 F.R. 44741.
Notice of the President of the United States, dated Nov. 8, 1982,
47 F.R. 50841.
EX. ORD. NO. 12205. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, and Section 301
of the National Emergencies Act (50 U.S.C. 1631), in order to take
steps additional to those set forth in Executive Order No. 12170 of
November 14, 1979 (set out as a note above), to deal with the
threat to the national security, foreign policy and economy of the
United States referred to in that Order, and in furtherance of the
objectives of United Nations Security Council Resolution 461 (1979)
adopted on December 31, 1979, it is hereby ordered as follows:
1-101. The following are prohibited effective immediately,
notwithstanding any contracts entered into or licenses granted
before the date of this Order (Apr. 7, 1980):
(a) The sale, supply or other transfer, by any person subject to
the jurisdiction of the United States, of any items, commodities or
products, except food, medicine and supplies intended strictly for
medical purposes, and donations of clothing intended to be used to
relieve human suffering, from the United States, or from any
foreign country, whether or not originating in the United States,
either to or destined for Iran , an Iranian governmental entity in
Iran , any other person or body in Iran or any other person or body
for the purposes of any enterprise carried on in Iran .
(b) The shipment by vessel, aircraft, railway or other land
transport of United States registration or owned by or under
charter to any person subject to the jurisdiction of the United
States or the carriage (whether or not in bond) by land transport
facilities across the United States of any of the items,
commodities and products covered by paragraph (a) of this section
which are consigned to or destined for Iran , an Iranian
governmental entity or any person or body in Iran , or to any
enterprise carried on in Iran .
(c) The shipment from the United States of any of the items,
products and commodities covered by paragraph (a) of this section
on vessels or aircraft registered in Iran .
(d) The following acts, when committed by any person subject to
the jurisdiction of the United States in connection with any
transaction involving Iran , an Iranian governmental entity, an
enterprise controlled by Iran or an Iranian governmental entity, or
any person in Iran :
(i) Making available any new credits or loans;
(ii) Making available any new deposit facilities or allowing
substantial increases in non-dollar deposits which exist as of
the date of this Order (Apr. 7, 1980);
(iii) Allowing more favorable terms of payment than are
customarily used in international commercial transactions; or
(iv) Failing to act in a businesslike manner in exercising any
rights when payments due on existing credits or loans are not
made in a timely manner.
(v) Make any payment, transfer of credit, or other transfer of
funds or other property or interests therein, except for purposes
of family remittances.
(e) The engaging by any person subject to the jurisdiction of the
United States in any service contract in support of an industrial
project in Iran , except any such contract entered into prior to the
date of this Order (Apr. 7, 1980) or concerned with medical care.
(f) The engaging by any person subject to the jurisdiction of the
United States in any transaction which evades or avoids, or has the
purpose or effect of evading or avoiding, any of the prohibitions
set forth in this section.
1-102. The prohibitions in section 1-101 above shall not apply to
transactions by any person subject to the jurisdiction of the
United States which is a nonbanking association, corporation, or
other organization organized and doing business under the laws of
any foreign country.
1-103. The Secretary of the Treasury is delegated, and authorized
to exercise, all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government.
1-104. The Secretary of the Treasury shall ensure that actions
taken pursuant to this Order and Executive Order No. 12170 (set out
above) are accounted for as required by Section 401 of the National
Emergencies Act (50 U.S.C. 1641).
1-105. This Order is effective immediately. In accord with
Section 401 of the National Emergencies Act (50 U.S.C. 1641) and
Section 204 of the International Emergency Economic Powers Act (50
U.S.C. 1703), it shall be immediately transmitted to the Congress
and published in the Federal Register. Jimmy Carter.
REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12205
For provisions relating to the revocation of prohibitions
contained in Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as
amended, which prohibited certain transactions with Iran , see Ex.
Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, set out below.
EX. ORD. NO. 12211. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Sections 1732 and
2656 of Title 22 of the United States Code, and Section 301 of the
National Emergencies Act (50 U.S.C. 1631), in order to take steps
additional to those set forth in Executive Order No. 12170 of
November 14, 1979 (set out above), and Executive Order No. 12205 of
April 7, 1980 (set out above), to deal with the threat to the
national security, foreign policy and economy of the United States
referred to in those Orders, and the added unusual and
extraordinary threat to the national security, foreign policy and
economy of the United States created by subsequent events in Iran
and neighboring countries, including the Soviet invasion of
Afghanistan, with respect to which I hereby declare a national
emergency, and to carry out the policy of the United States to deny
the use of its resources to aid, encourage or give sanctuary to
those persons involved in directing, supporting or participating in
acts of international terrorism, it is hereby ordered as follows:
1-101. Paragraph 1-101(d) of Executive Order No. 12205 (set out
above) is hereby amended by the addition of a new subparagraph (v)
as follows:
(v) Make any payment, transfer of credit, or other transfer of
funds or other property or interests therein, except for purposes
of family remittances.
1-102. The following transactions are prohibited, notwithstanding
any contracts entered into or licenses granted before the date of
this Order (Apr. 17, 1980):
(a) Effective immediately, the direct or indirect import from
Iran into the United States of Iranian goods or services, other
than materials imported for news publication or news broadcast
dissemination.
(b) Effective immediately, any transactions with a foreign
person or foreign entity by any citizen or permanent resident of
the United States relating to that person's travel to Iran after
the date of this Order (Apr. 17, 1980).
(c) Effective seven days from the date of this Order (Apr. 17,
1980), the payment by or on behalf of any citizen or permanent
resident of the United States who is within Iran of any expenses
for transactions within Iran .
The prohibitions in paragraphs (b) and (c) of this section shall
not apply to a person who is also a citizen of Iran and those
prohibitions and the prohibitions in section 1-101 shall not apply
to a journalist or other person who is regularly employed by a news
gathering or transmitting organization and who travels to Iran or
is within Iran for the purpose of gathering or transmitting news,
making news or documentary films, or similar activities.
1-103. The Secretary of the Treasury is hereby directed,
effective fourteen days from the date of this Order (Apr. 17,
1980), to revoke existing licenses for transactions by persons
subject to the jurisdiction of the United States with Iran Air, the
National Iranian Oil Company, and the National Iranian Gas Company
previously issued pursuant to regulations under Executive Order No.
12170 (set out above), or Executive Order No. 12205 (set out
above).
1-104. The Secretary of the Treasury is delegated, and authorized
to exercise, all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government.
1-105. The Secretary of the Treasury shall ensure that actions
taken by him pursuant to the above provisions of this Order,
Executive Order No. 12170 (set out above) and Executive Order No.
12205 (set out above) are accounted for as required by Section 401
of the National Emergencies Act (50 U.S.C. 1641).
1-106. The Secretary of State is delegated, and authorized to
exercise in furtherance of the purposes of this Order, the powers
vested in the President by Section 2001 of the Revised Statutes (22
U.S.C. 1732), Section 1 of the Act of July 3, 1926 (22 U.S.C.
211a), and Section 215 of the Immigration and Nationality Act (8
U.S.C. 1185), with respect to:
(a) the restriction of the use of United States passports for
travel to, in or through Iran ; and
(b) the regulation of departures from and entry into the United
States in connection with travel to Iran by citizens and
permanent residents of the United States.
1-107. Except as otherwise indicated herein, this Order is
effective immediately. In accord with Section 401 of the National
Emergencies Act (50 U.S.C. 1641) and Section 204 of the
International Emergency Economic Powers Act (50 U.S.C. 1703), it
shall be immediately transmitted to the Congress and published in
the Federal Register. Jimmy Carter.
REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12211
For provisions relating to the revocation of prohibitions
contained in Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685,
which prohibited certain transactions with Iran , see Ex. Ord. No.
12282, Jan. 19, 1981, 46 F.R. 7925, set out below.
EX. ORD. NO. 12276. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION RELATING TO ESTABLISHMENT OF ESCROW ACCOUNTS
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran , it
is hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury is authorized to enter into,
and to license, authorize, direct, and compel any appropriate
official and/or the Federal Reserve Bank of New York, as fiscal
agent of the United States, to enter into escrow or related
agreements with a foreign central bank and with the Central Bank of
Algeria under which certain money and other assets, as and when
directed by the Secretary of the Treasury, shall be credited by the
foreign central bank to an escrow account on its books in the name
of the Central Bank of Algeria for transfer to the Government of
Iran if and when the Central Bank of Algeria receives from the
Government of Algeria a certification that the 52 U.S. diplomats
and nationals being held hostage in Iran have safely departed from
Iran . Such agreements shall include other parties and terms as
determined by the Secretary of the Treasury to be appropriate to
carry out the purposes of this Order.
1-102. The Secretary of the Treasury is authorized to license,
authorize, direct, and compel the Federal Reserve Bank of New York,
as fiscal agent of the United States, to receive certain money and
other assets in which Iran or its agencies, instrumentalities, or
controlled entities have an interest and to hold or transfer such
money and other assets, and any interest earned thereon, in such a
manner as he deems necessary to fulfill the rights and obligations
of the United States under the Declaration of the Government of the
Democratic and Popular Republic of Algeria dated January 19, 1981,
and the escrow and related agreements described in paragraph 1-101
of this Order. Such money and other assets may be held in
interest-bearing form and where possible shall be invested with or
through the entity holding the money or asset on the effective date
of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets referred to in paragraphs 1-101 and 1-102 of this
Order, or any regulations, instructions, or directions issued
thereunder shall to the extent thereof be a full acquittance and
discharge for all purposes of the obligation of the person making
the same. No person shall be held liable in any court for or with
respect to anything done or omitted in good faith in connection
with the administration of, or pursuant to and in reliance on, such
orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12277. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. The Federal Reserve Bank of New York is licensed,
authorized, directed, and compelled to transfer to accounts at the
Bank of England, and subsequently to transfer to accounts at the
Bank of England established pursuant to an escrow agreement
approved by the Secretary of the Treasury, all gold bullion, and
other assets (or the equivalent thereof) in its custody, of the
Government of Iran , or its agencies, instrumentalities or
controlled entities. Such transfers shall be executed when and in
the manner directed by the Secretary of the Treasury. The Secretary
of the Treasury is also authorized to license, authorize, direct,
and compel the Federal Reserve Bank of New York to engage in
whatever further transactions he deems appropriate and consistent
with the purposes of this Order, including any transactions related
to the return of such bullion and other assets pursuant to the
escrow agreement.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m.
EST, including those derived from Section 535.504 of the Iranian
Assets Control Regulations, other than rights, powers, and
privileges of the Government of Iran and its agencies,
instrumentalities, and controlled entities, whether acquired by
court order or otherwise, are nullified, and all persons claiming
any such right, power, or privilege are hereafter barred from
exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of
the assets described in section 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No
person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, such orders,
regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12278. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS OVERSEAS
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any branch or office of a United States bank or subsidiary
thereof, which branch or office is located outside the territory of
the United States and which on or after 8:10 a.m. E.S.T. on
November 14, 1979 (a) has been or is in possession of funds or
securities legally or beneficially owned by the Government of Iran
or its agencies, instrumentalities, or controlled entities, or (b)
has carried or is carrying on its books deposits standing to the
credit of or beneficially owned by such Government, agencies,
instrumentalities, or controlled entities, is licensed, authorized,
directed, and compelled to transfer such funds, securities, and
deposits, including interest from November 14, 1979, at
commercially reasonable rates, to the account of the Federal
Reserve Bank of New York at the Bank of England, to be held or
transferred as directed by the Secretary of the Treasury. The
Secretary of the Treasury shall determine when the transfers
required by this section shall take place. The funds, securities
and deposits described in this section shall be further transferred
as provided for in the Declaration of the Government of the
Democratic and Popular Republic of Algeria and its Annex.
1-102. Any banking institution subject to the jurisdiction of the
United States that has executed a set-off on or after November 14,
1979, at 8:10 a.m. E.S.T. against Iranian funds, securities, or
deposits referred to in section 1-101 is hereby licensed,
authorized, directed, and compelled to cancel such set-off and to
transfer all funds, securities, and deposits which have been
subject to such set-off, including interest from November 14, 1979,
at commercially reasonable rates, pursuant to the provisions of
section 1-101 of this Order.
1-103. If the funds, securities, and deposits described in
section 1-101 are not promptly transferred to the control of the
Government of Iran , such funds, securities, and deposits shall be
returned to the banking institutions holding them on the effective
date of this Order and the set-offs described in section 1-102
shall be in force as if this Order had not been issued and the
status of all such funds, securities, deposits and set-offs shall
be status quo ante.
1-104. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Sections 1-101 and 1-102 of
this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in Sections 1-101 and 1-102 of this Order and which
derive from any attachment, injunction, other like proceedings or
process, or other action in any litigation after November 14, 1979,
at 8:10 a.m. E.S.T., including those derived from Section 535.504
of the Iranian Assets Control Regulations, other than rights,
powers, and privileges of the Government of Iran and its agencies,
instrumentalities, and controlled entities, whether acquired by
court order or otherwise, are nullified, and all persons claiming
any such right, power, or privilege are hereafter barred from
exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Sections
1-101 and 1-102 of this Order.
1-105. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of
the assets described in Sections 1-101 and 1-102 of this Order, or
any regulations, instructions, or directions issued thereunder
shall to the extent thereof be a full acquittance and discharge for
all purposes of the obligation of the person making the same. No
person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, such orders,
regulations, instructions, or directions.
1-106. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-107. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-108. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12279. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS HELD BY DOMESTIC
BANKS
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any branch or office of a banking institution subject to
the jurisdiction of the United States, which branch or office is
located within the United States and is, on the effective date,
either (a) in possession of funds or securities legally or
beneficially owned by the Government of Iran or its agencies,
instrumentalities, or controlled entities, or (b) carrying on its
books deposits standing to the credit of or beneficially owned by
such Government, agencies, instrumentalities, or controlled
entities is licensed, authorized, directed and compelled to
transfer such funds, securities, and deposits, including interest
from November 14, 1979, at commercially reasonable rates, to the
Federal Reserve Bank of New York, to be held or transferred as
directed by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m.
EST, including those derived from Section 535.504 of the Iranian
Assets Control Regulations, other than rights, powers, and
privileges of the Government of Iran and its agencies,
instrumentalities, and controlled entities, whether acquired by
court order or otherwise, are nullified, and all persons claiming
any such right, power, or privilege are hereafter barred from
exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing or compelling the transfer of the
assets described in section 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No
person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, such orders,
regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12280. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT FINANCIAL ASSETS HELD BY
NON-BANKING INSTITUTIONS
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any person subject to the jurisdiction of the United
States which is not a banking institution and is on the effective
date in possession or control of funds or securities of Iran or its
agencies, instrumentalities, or controlled entities is licensed,
authorized, directed and compelled to transfer such funds or
securities to the Federal Reserve Bank of New York to be held or
transferred as directed by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m.
EST, including those derived from Section 535.504 of the Iranian
Assets Control Regulations, other than rights, powers, and
privileges of the Government of Iran and its agencies,
instrumentalities, and controlled entities, whether acquired by
court order or otherwise, are nullified, and all persons claiming
any such right, power, or privilege are hereafter barred from
exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No
person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, such orders,
regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12281. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER CERTAIN IRANIAN GOVERNMENT ASSETS
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. All persons subject to the jurisdiction of the United
States in possession or control of properties, not including funds
and securities, owned by Iran or its agencies, instrumentalities,
or controlled entities are licensed, authorized, directed and
compelled to transfer such properties, as directed after the
effective date of this Order by the Government of Iran , acting
through its authorized agent. Except where specifically stated,
this license, authorization, and direction does not relieve persons
subject to the jurisdiction of the United States from existing
legal requirements other than those based upon the International
Emergency Economic Powers Act (this chapter).
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m.
EST, including those derived from Section 535.504 of the Iranian
Assets Control Regulations, other than rights, powers, and
privileges of the Government of Iran and its agencies,
instrumentalities, and controlled entities, whether acquired by
court order or otherwise, are nullified, and all persons claiming
any such right, power, or privilege are hereafter barred from
exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section
1-101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No
person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, such orders,
regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12282. RELEASE OF AMERICAN HOSTAGES IN IRAN -
REVOCATION OF PROHIBITIONS AGAINST TRANSACTIONS INVOLVING IRAN
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostage and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran , it
is hereby ordered that as of the effective date of this Order:
1-101. The prohibitions contained in Executive Order 12205 of
April 7, 1980 (set out above), and Executive Order 12211 of April
17, 1980 (set out above), and Proclamation 4702 of November 12,
1979 (amending Proc. No. 3279, set out under section 1862 of Title
19, Customs Duties), are hereby revoked.
1-102. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purpose of this Order.
1-103. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12283. RELEASE OF AMERICAN HOSTAGES IN IRAN -
NON-PROSECUTION OF CLAIMS OF HOSTAGES AND FOR ACTIONS AT THE UNITED
STATES EMBASSY AND ELSEWHERE
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran , it
is hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury shall promulgate
regulations: (a) prohibiting any person subject to U.S.
jurisdiction from prosecuting in any court within the United States
or elsewhere any claim against the Government of Iran arising out
of events occurring before the date of this Order relating to (1)
the seizure of the hostages on November 4, 1979, (2) their
subsequent detention, (3) injury to United States property or
property of United States nationals within the United States
Embassy compound in Tehran after November 3, 1979, or (4) injury to
United States nationals or their property as a result of popular
movements in the course of the Islamic Revolution in Iran which
were not an act of the Government of Iran ; (b) prohibiting any
person not a U.S. national from prosecuting any such claim in any
court within the United States; (c) ordering the termination of any
previously instituted judicial proceedings based upon such claims;
and (d) prohibiting the enforcement of any judicial order issued in
the course of such proceedings.
1-102. The Attorney General of the United States is authorized
and directed, immediately upon the issuance of regulations in
accordance with Section 1-101, to take all appropriate measures to
notify all appropriate courts of the existence of this Order and
implementing regulations and the resulting termination of
litigation.
1-103. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purpose of this Order.
1-104. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12284. RELEASE OF AMERICAN HOSTAGES IN IRAN -
RESTRICTIONS ON TRANSFER OF PROPERTY OF FORMER SHAH OF IRAN
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 (set out above),
issued November 14, 1979, and in Executive Order 12211 (set out
above), issued April 17, 1980, in order to implement agreements
with the Government of Iran , as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran , and to begin the process of
normalization of relations between the United States and Iran , it
is hereby ordered that as of the effective date of this Order:
1-101. For the purpose of protecting the rights of litigants in
courts within the United States, all property and assets located in
the United States within the control of the estate of Mohammad Reza
Pahlavi, the former Shah of Iran , or any close relative of the
former Shah served as a defendant in litigation in such courts
brought by Iran seeking the return of property alleged to belong to
Iran , is hereby blocked as to each such estate or person until all
such litigation against such estate or person is finally
terminated.
1-102. The Secretary of the Treasury is authorized and directed
(a) to promulgate regulations requiring all persons who are subject
to the jurisdiction of the United States and who, as of November 3,
1979, or as of this date, have actual or constructive possession of
property of the kind described in Section 1-101, or knowledge of
such possession by others, to report such possession or knowledge
thereof, to the Secretary of the Treasury in accordance with such
regulations and (b) to make available to the Government of Iran or
its designated agents all identifying information derived from such
reports to the fullest extent permitted by law. Such reports shall
be required as to all individuals described in 1-101 and shall be
required to be filed within 30 days after publication of a notice
in the Federal Register.
1-103. The Secretary of the Treasury is authorized and directed
(a) to require all agencies within the Executive Branch of the
United States Government to deliver to the Secretary all official
financial books and records which serve to identify any property of
the kind described in Section 1-101 of this Order, and (b) to make
available to the Government of Iran or its designated agents all
identifying information derived from such books and records to the
fullest extent permitted by law.
1-104. The Attorney General of the United States having advised
the President of his opinion that no claim on behalf of the
Government of Iran for recovery of property of the kind described
in Section 1-101 of this Order should be considered legally barred
either by sovereign immunity principles or by the act of state
doctrine, the Attorney General is authorized and directed to
prepare, and upon the request of counsel representing the
Government of Iran to present to the appropriate court or courts
within the United States, suggestions of interest reflecting that
such is the position of the United States, and that it is also the
position of the United States that Iranian decrees and judgments
relating to the assets of the former Shah and the persons described
in Section 1-101 should be enforced by such courts in accordance
with United States law.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EXECUTIVE ORDER NO. 12285
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by
Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No.
12317, Aug. 14, 1981, 46 F.R. 42241, which established the
President's Commission on Hostage Compensation and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12379,
Sec. 21, Aug. 17, 1982, 47 F.R. 36100, set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.
EX. ORD. NO. 12294. SUSPENSION OF LITIGATION AGAINST IRAN
Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which were based the
declarations of national emergency in Executive Order No. 12170,
issued November 14, 1979 (set out above), and in Executive Order
No. 12211, issued April 17, 1980 (set out above), in light of the
agreement with the Government of Iran , as reflected in the
Declarations of the Government of the Democratic and Popular
Republic of Algeria dated January 19, 1981, relating to the release
of United States diplomats and nationals being held as hostages and
to the resolution of claims of United States nationals against
Iran , in order to implement Article II of the Declaration of
Algeria concerning the settlement of claims and to begin the
process of normalization of relations between the United States and
Iran , it is hereby ordered that as of the effective date of this
Order:
Section 1. All claims which may be presented to the Iran -United
States Claims Tribunal under the terms of Article II of the
Declaration of the Government of the Democratic and Popular
Republic of Algeria Concerning the Settlement of Claims by the
Government of the United States of America and the Government of
the Islamic Republic of Iran , and all claims for equitable or other
judicial relief in connection with such claims, are hereby
suspended, except as they may be presented to the Tribunal. During
the period of this suspension, all such claims shall have no legal
effect in any action now pending in any court of the United States,
including the courts of any state or any locality thereof, the
District of Columbia and Puerto Rico, or in any action commenced in
any such court after the effective date of this Order. Nothing in
this action precludes the commencement of an action after the
effective date of this Order for the purpose of tolling the period
of limitations for commencement of such action.
Sec. 2. Nothing in this Order shall require dismissal of any
action for want of prosecution.
Sec. 3. Suspension under this Order of a claim or a portion
thereof submitted to the Iran -United States Claims Tribunal for
adjudication shall terminate upon a determination by the Tribunal
that it does not have jurisdiction over such claim or such portion
thereof.
Sec. 4. A determination by the Iran -United States Claims Tribunal
on the merits that a claimant is not entitled to recover on a claim
shall operate as a final resolution and discharge of the claim for
all purposes. A determination by the Tribunal that a claimant
shall have recovery on a claim in a specified amount shall operate
as a final resolution and discharge of the claim for all purposes
upon payment to the claimant of the full amount of the award,
including any interest awarded by the Tribunal.
Sec. 5. Nothing in this Order shall apply to any claim concerning
the validity or payment of a standby letter of credit, performance
or payment bond or other similar instrument.
Sec. 6. Nothing in this Order shall prohibit the assertion of a
counterclaim or set-off by a United States national in any judicial
proceeding pending or hereafter commenced by the Government of
Iran , any political subdivision of Iran , or any agency,
instrumentality, or entity controlled by the Government of Iran or
any political subdivision thereof.
Sec. 7. The Secretary of the Treasury is authorized to employ all
powers granted to me by the International Emergency Economic Powers
Act (this chapter) and by 22 U.S.C. Sec. 1732 to carry out the
purposes of this Order.
Sec. 8. Executive Order Nos. 12276 through 12285 of January 19,
1981 (set out above), are ratified.
This Order shall be effective immediately and copies shall be
transmitted to the Congress. Ronald Reagan.
EXECUTIVE ORDER NO. 12444
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12451, Dec. 20,
1983, 48 F.R. 56563, set out below.
EX. ORD. NO. 12451. CONTINUATION OF EXPORT CONTROL REGULATIONS
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 203 of
the International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as ''IEEPA''), 22 U.S.C. 287c, and the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
et seq.) (hereinafter referred to as ''the Act), it is hereby
ordered as follows:
Section 1. In view of the extension by Public Law 98-207
(December 5, 1983) (amending 50 App. U.S.C. 2419), of the
authorities contained in the Act, Executive Order No. 12444 of
October 14, 1983, which continued in effect export control
regulations under IEEPA, is revoked, and the declaration of
economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12444 shall not
affect any violation of any rules, regulations, orders, licenses
and other forms of administrative action under that Order which
occurred during the period that Order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and that Order, including those published in Title 15,
Chapter III, Subchapter C, of the Code of Federal Regulations,
Parts 368 to 399 inclusive, and all orders, regulations, licenses
and other forms of administrative action issued, taken or continued
in effect pursuant thereto, shall remain in full force and effect,
as if issued, taken or continued in effect pursuant to the Act
until amended or revoked by the proper authority. Nothing in this
Order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set
forth in Executive Order No. 12002 of July 7, 1977 and Executive
Order No. 12214 of May 2, 1980 (50 App. U.S.C. 2403 note).
Sec. 3. All orders, licenses, and other forms of administrative
action issued, taken or continued in effect pursuant to the
authority of the IEEPA and Executive Order No. 12444 relating to
the administration of section 38(e) of the Arms Export Control Act
(22 U.S.C. 2778(e)) shall remain in full force and effect until
amended or revoked under proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
EXECUTIVE ORDER NO. 12470
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12525, July 12,
1985, 50 F.R. 28757, set out below.
Continuation of emergency declared by Ex. Ord. No. 12470 was
contained in Notice of the President of the United States, dated
Mar. 28, 1985, 50 F.R. 12513.
EXECUTIVE ORDER NO. 12513
Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, which prohibited
trade and certain other transactions involving Nicaragua, was
revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, set out
below.
Continuations of national emergency declared by Ex. Ord. No.
12513 were contained in the following:
Notice of the President of the United States, dated Apr. 21,
1989, 54 F.R. 17701.
Notice of the President of the United States, dated Apr. 25,
1988, 53 F.R. 15011.
Notice of the President of the United States, dated Apr. 21,
1987, 52 F.R. 13425.
Notice of the President of the United States, dated Apr. 22,
1986, 51 F.R. 15461.
EX. ORD. NO. 12525. TERMINATION OF EMERGENCY AUTHORITY FOR EXPORT
CONTROLS
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 203 of
the International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as ''IEEPA''), 22 U.S.C. 287c, and the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
et seq.) (hereinafter referred to as ''the Act''), it is hereby
ordered as follows:
Section 1. In view of the extension by Public Law 99-64 (July 12,
1985) (amending 50 App. U.S.C. 2419) of the authorities contained
in the Act, Executive Order No. 12470 of March 30, 1984, which
continued in effect export control regulations under IEEPA, is
revoked, and the declaration of economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12470 shall not
affect any violation of any rules, regulations, orders, licenses,
and other forms of administrative action under that Order that
occurred during the period that Order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and that Order, including those published in Title 15,
Chapter III, Subchapter C, of the Code of Federal Regulations,
Parts 368 to 399 inclusive, and all orders, regulations, licenses,
and other forms of administrative action issued, taken or continued
in effect pursuant thereto, shall remain in full force and effect,
as if issued, taken or continued in effect pursuant to and as
authorized by the Act or by other appropriate authority until
amended or revoked by the proper authority. Nothing in this Order
shall affect the continued applicability of the provision for the
administration of the Act and delegations of authority set forth in
Executive Order No. 12002 of July 7, 1977, and Executive Order No.
12214 of May 2, 1980 (set out under 50 App. U.S.C. 2403).
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken or continued in effect
pursuant to the authority of the IEEPA and Executive Order No.
12470 relating to the administration of Section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) shall remain in full force
and effect until amended or revoked under proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
EXECUTIVE ORDER NO. 12532
Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, which
prohibited trade and certain other transactions involving South
Africa, was revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991,
56 F.R. 31855, set out as a note under section 5061 of Title 22,
Foreign Relations and Intercourse.
Continuation of national emergency declared by Ex. Ord. No. 12532
was contained in Notice of the President of the United States,
dated Sept. 4, 1986, 51 F.R. 31925.
EXECUTIVE ORDER NO. 12535
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, which prohibited
importation into United States of South African Krugerrands, was
revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R.
31855, set out as a note under section 5061 of Title 22, Foreign
Relations and Intercourse.
EX. ORD. NO. 12543. PROHIBITING TRADE AND CERTAIN TRANSACTIONS
INVOLVING LIBYA
Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
sections 504 and 505 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83) (22 U.S.C. 2349aa-8,
2349aa-9), section 1114 of the Federal Aviation Act of 1958, as
amended (49 U.S.C. 1514) (now 49 U.S.C. 40106(b)), and section 301
of title 3 of the United States Code.
I, RONALD REAGAN, President of the United States of America, find
that the policies and actions of the Government of Libya constitute
an unusual and extraordinary threat to the national security and
foreign policy of the United States and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations which may hereafter be issued pursuant to
this Order:
(a) The import into the United States of any goods or services of
Libyan origin, other than publications and materials imported for
news publications or news broadcast dissemination;
(b) The export to Libya of any goods, technology (including
technical data or other information) or services from the United
States, except publications and donations of articles intended to
relieve human suffering, such as food, clothing, medicine and
medical supplies intended strictly for medical purposes;
(c) Any transaction by a United States person relating to
transportation to or from Libya ; the provision of transportation to
or from the United States by any Libyan person or any vessel or
aircraft of Libyan registration; or the sale in the United States
by any person holding authority under the Federal Aviation Act (of
1958, now 49 U.S.C. 40101 et seq.) of any transportation by air
which includes any stop in Libya ;
(d) The purchase by any United States person of goods for export
from Libya to any country;
(e) The performance by any United States person of any contract
in support of an industrial or other commercial or governmental
project in Libya ;
(f) The grant or extension of credits or loans by any United
States person to the Government of Libya , its instrumentalities and
controlled entities;
(g) Any transaction by a United States person relating to travel
by any United States citizen or permanent resident alien to Libya ,
or to activities by any such person within Libya , after the date of
this Order, other than transactions necessary to effect such
person's departure from Libya , to perform acts permitted until
February 1, 1986, by Section 3 of this Order, or travel for
journalistic activity by persons regularly employed in such
capacity by a newsgathering organization; and
(h) Any transaction by any United States person which evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this Order.
For purposes of this Order, the term ''United States person''
means any United States citizen, permanent resident alien,
juridical person organized under the laws of the United States or
any person in the United States.
Sec. 2. In light of the prohibition in Section 1(a) of this
Order, section 251 of the Trade Expansion Act of 1962, as amended
(19 U.S.C. 1881), and section 126 of the Trade Act of 1974, as
amended (19 U.S.C. 2136) will have no effect with respect to Libya .
Sec. 3. This Order is effective immediately, except that the
prohibitions set forth in Section 1(a), (b), (c), (d) and (e) shall
apply as of 12:01 a.m. Eastern Standard Time, February 1, 1986.
Sec. 4. 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, as may be
necessary to carry out the purposes of this Order. Such actions may
include prohibiting or regulating payments or transfers of any
property or any transactions involving the transfer of anything of
economic value by any United States person to the Government of
Libya , its instrumentalities and controlled entities, or to any
Libyan national or entity owned or controlled, directly or
indirectly, by Libya or Libyan nationals. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government. All agencies of the United States
government are directed to take all appropriate measures within
their authority to carry out the provisions of this Order,
including the suspension or termination of licenses or other
authorizations in effect as of the date of this Order.
This Order shall be transmitted to the Congress and published in
the Federal Register. Ronald Reagan.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12543
Notice of President of the United States, dated Dec. 29, 1999, 65
F.R. 1999, provided:
On January 7, 1986, by Executive Order 12543 (set out above),
former President Reagan declared a national emergency to deal with
the unusual and extraordinary threat to the national security and
foreign policy of the United States constituted by the actions and
policies of the Government of Libya . On January 8, 1986, by
Executive Order 12544 (set out below), the President took
additional measures to block Libyan assets in the United States.
The President has transmitted a notice continuing this emergency to
the Congress and the Federal Register every year since 1986.
The crisis between the United States and Libya that led to the
declaration of a national emergency on January 7, 1986, has not
been resolved. Despite the United Nations Security Council's
suspension of U.N. sanctions against Libya upon the Libyan
government's hand over of the Pan Am 103 bombing suspects, there
are still concerns about the Libyan government's support for
terrorist activities and its noncompliance with United Nations
Security Council Resolutions 731 (1992), 748 (1992), and 88 (1993).
Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency with respect to Libya . This notice shall be published in
the Federal Register and transmitted to the Congress.
William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12543 were contained in the following:
Notice of President of the United States, dated Dec. 30, 1998, 64
F.R. 383.
Notice of President of the United States, dated Jan. 2, 1998, 63
F.R. 653.
Notice of President of the United States, dated Jan. 2, 1997, 62
F.R. 587.
Notice of President of the United States, dated Jan. 3, 1996, 61
F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994, 59
F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993, 58
F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992, 57
F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991, 56
F.R. 67465.
Notice of the President of the United States, dated Jan. 2, 1991,
56 F.R. 477.
Notice of the President of the United States, dated Jan. 4, 1990,
55 F.R. 589.
Notice of the President of the United States, dated Dec. 28,
1988, 53 F.R. 52971.
Notice of the President of the United States, dated Dec. 15,
1987, 52 F.R. 47891.
Notice of the President of the United States, dated Dec. 23,
1986, 51 F.R. 46849.
EX. ORD. NO. 12544. BLOCKING LIBYAN GOVERNMENT PROPERTY IN THE
UNITED STATES OR HELD BY U.S. PERSONS
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, provided:
By the authority vested in me as President by the Constitution
and laws of the United States, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the
National Emergencies Act (50 U.S.C. 1601 et seq.) and section 301
of title 3 of the United States Code, in order to take steps with
respect to Libya additional to those set forth in Executive Order
No. 12543 of January 7, 1986 (set out above), to deal with the
threat to the national security and foreign policy of the United
States referred to in that Order,
I, RONALD REAGAN, President of the United States, hereby order
blocked all property and interests in property of the Government of
Libya , its agencies, instrumentalities and controlled entities and
the Central Bank of Libya 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 U.S. persons, including
overseas branches of U.S. persons.
The Secretary of the Treasury, in consultation with the Secretary
of State, is authorized to employ all powers granted to me by the
International Emergency Economics (sic) Power(s) Act, 50 U.S.C.
1701 et seq., to carry out the provisions of this Order.
This Order is effective immediately and shall be transmitted to
the Congress and published in the Federal Register.
Ronald Reagan.
EXECUTIVE ORDER NO. 12613
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, which
prohibited imports from Iran , was revoked by Ex. Ord. No. 13059,
Sec. 7, Aug. 19, 1997, 62 F.R. 44533, set out below.
EXECUTIVE ORDER NO. 12635
Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, which blocked
property and interests in property of the Government of Panama that
were in the United States, was revoked by Ex. Ord. No. 12710, Apr.
5, 1990, 55 F.R. 13099, set out below.
Continuation of national emergency declared by Ex. Ord. No. 12635
was contained in Notice of the President of the United States,
dated Apr. 6, 1989, 54 F.R. 14197.
EX. ORD. NO. 12707. TERMINATION OF EMERGENCY WITH RESPECT TO
NICARAGUA
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
chapter 12 of title 50 of the United States Code (50 U.S.C. 191 et
seq.), and section 301 of title 3 of the United States Code.
I, GEORGE BUSH, President of the United States of America, find
that the February 25, 1990, democratic election in Nicaragua has
ended the unusual and extraordinary threat to the national security
and foreign policy of the United States previously posed by the
policies and actions of the Sandinista government in that country,
and the need to continue the national emergency declared in
Executive Order No. 12513 of May 1, 1985, to deal with that threat.
I hereby revoke Executive Order No. 12513 and terminate the
national emergency declared in that order with respect to
Nicaragua.
Pursuant to section 202 of the National Emergencies Act (50
U.S.C. 1622), termination of the national emergency with respect to
Nicaragua shall not affect any action taken or proceeding pending
and not finally concluded or determined at the effective date of
this order, or any action or proceeding based on any act committed
prior to the effective date of this order, or any rights or duties
that matured or penalties that were incurred prior to the effective
date of this order.
This order shall take effect immediately. George Bush.
EX. ORD. NO. 12710. TERMINATION OF EMERGENCY WITH RESPECT TO PANAMA
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (hereinafter referred to as ''IEEPA''), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (hereinafter referred to
as ''the NEA''), chapter 12 of title 50 of the United States Code
(50 U.S.C. 191 et seq.), and section 301 of title 3 of the United
States Code.
I, GEORGE BUSH, President of the United States of America, find
that the restoration of a democratically elected government in
Panama has ended the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
previously posed by the policies and actions of Manuel Antonio
Noriega in that country, and the need to continue the national
emergency declared in Executive Order No. 12635 of April 8, 1988,
to deal with that threat.
I hereby revoke Executive Order No. 12635 and terminate the
national emergency declared in that order with respect to Panama.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination
of the national emergency with respect to Panama 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 the effective date
of this order, or any rights or duties that matured or penalties
that were incurred prior to the effective date of this order.
Pursuant to section 207 (50 U.S.C. 1706) of IEEPA, I hereby
determine that the continuation of prohibitions with regard to
transactions involving property in which the Government of Panama
has an interest is necessary on account of claims involving Panama.
This order shall take effect immediately. George Bush.
EX. ORD. NO. 12722. BLOCKING IRAQI GOVERNMENT PROPERTY AND
PROHIBITING TRANSACTIONS WITH IRAQ
Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, provided:
By the authority vested in me as President by the constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and
section 301 of title 3 of the United States Code.
I, GEORGE BUSH, President of the United States of America, find
that the policies and actions of the Government of Iraq constitute
an unusual and extraordinary threat to the national security and
foreign policy of the United States and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. All property and interests in property of the
Government of Iraq, its agencies, instrumentalities and controlled
entities and the Central Bank of Iraq 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, including their overseas branches, are hereby blocked.
Section 2. The following are prohibited, except to the extent
provided in regulations which may hereafter be issued pursuant to
this Order:
(a) The import into the United States of any goods or services of
Iraqi origin, other than publications and other informational
materials;
(b) The export to Iraq of any goods, technology (including
technical data or other information controlled for export pursuant
to Section 5 of the Export Administration Act (50 U.S.C. App.
2404)) or services from the United States, except publications and
other informational materials, and donations of articles intended
to relieve human suffering, such as food, clothing, medicine and
medical supplies intended strictly for medical purposes;
(c) Any transaction by a United States person relating to
transportation to or from Iraq; the provision of transportation to
or from the United States by any Iraqi person or any vessel or
aircraft of Iraqi registration; or the sale in the United States by
any person holding authority under the Federal Aviation Act of
1958, as amended (now 49 U.S.C. 40101 et seq.) (49 U.S.C. 1514), of
any transportation by air which includes any stop in Iraq;
(d) The purchase by any United States person of goods for export
from Iraq to any country;
(e) The performance by any United States person of any contract
in support of an industrial or other commercial or governmental
project in Iraq;
(f) The grant or extension of credits or loans by any United
States person to the Government of Iraq, its instrumentalities and
controlled entities;
(g) Any transaction by a United States person relating to travel
by any United States citizen or permanent resident alien to Iraq,
or to activities by any such person within Iraq, after the date of
this Order, other than transactions necessary to effect such
person's departure from Iraq, or travel for journalistic activity
by persons regularly employed in such capacity by a newsgathering
organization; and
(h) Any transaction by any United States person which evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this Order.
For purposes of this Order, the term ''United States person''
means any United States citizen, permanent resident alien,
juridical person organized under the laws of the United States, or
any person in the United States.
Section 3. This Order is effective immediately.
Section 4. 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, as may be
necessary to carry out the purposes of this Order. Such actions may
include prohibiting or regulating payments or transfers of any
property or any transactions involving the transfer of anything of
economic value by any United States person to the Government of
Iraq, its instrumentalities and controlled entities, or to any
Iraqi national or entity owned or controlled, directly or
indirectly, by Iraq or Iraqi nationals. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government. All agencies of the United States
government are directed to take all appropriate measures within
their authority to carry out the provisions of this Order,
including the suspension or termination of licenses or other
authorizations in effect as of the date of this Order.
This Order shall be transmitted to the Congress and published in
the Federal Register. George Bush.
(Ex. Ord. No. 12722 was revoked by Ex. Ord. No. 12724, Sec. 6,
Aug. 9, 1990, 55 F.R. 33090, set out below, to the extent
inconsistent with Ex. Ord. No. 12724.)
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12722
Notice of President of the United States, dated July 20, 1999, 64
F.R. 39897, provided:
On August 2, 1990, by Executive Order 12722 (set out above),
President Bush declared a national emergency to deal with the
unusual and extraordinary threat to the national security and
foreign policy of the United States constituted by the actions and
policies of the Government of Iraq. By Executive Orders 12722 of
August 2, 1990, and 12724 of August 9, 1990 (set out below), the
President imposed trade sanctions on Iraq and blocked Iraqi
government assets. Because the Government of Iraq has continued
its activities hostile to United States interests in the Middle
East, the national emergency declared on August 2, 1990, and the
measures adopted on August 2 and August 9, 1990, to deal with that
emergency must continue in effect beyond August 2, 1999. Therefore,
in accordance with section 202(d) of the National Emergencies Act
(50 U.S.C. 1622(d)), I am continuing the national emergency with
respect to Iraq.
This notice shall be published in the Federal Register and
transmitted to the Congress. William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12722 were contained in the following:
Notice of President of the United States, dated July 28, 1998, 63
F.R. 41175.
Notice of President of the United States, dated July 31, 1997, 62
F.R. 41803.
Notice of President of the United States, dated July 22, 1996, 61
F.R. 38561.
Notice of President of the United States, dated July 28, 1995, 60
F.R. 39099.
Notice of President of the United States, dated July 19, 1994, 59
F.R. 37151.
Notice of President of the United States, dated July 20, 1993, 58
F.R. 39111.
Notice of President of the United States, dated July 21, 1992, 57
F.R. 32875.
Notice of President of the United States, dated July 26, 1991, 56
F.R. 35995.
EXECUTIVE ORDER NO. 12723
Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, which directed
Secretary of the Treasury to block all property and interests in
Kuwaiti Government property that are in the United States or within
possession or control of United States persons, was revoked by Ex.
Ord. No. 12771, July 25, 1991, 56 F.R. 35993, set out below.
EX. ORD. NO. 12724. BLOCKING IRAQI GOVERNMENT PROPERTY AND
PROHIBITING TRANSACTIONS WITH IRAQ
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 301 of title 3 of the United States Code, and the United
Nations Participation Act (22 U.S.C. 287 et seq.) (22 U.S.C. 287c),
in view of United Nations Security Council Resolution No. 661 of
August 6, 1990, and in order to take additional steps with respect
to Iraq's invasion of Kuwait and the national emergency declared in
Executive Order No. 12722 (set out above),
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. Except to the extent provided in regulations that may
hereafter be issued pursuant to this order, all property and
interests in property of the Government of Iraq 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, including their overseas branches, are
hereby blocked.
Sec. 2. The following are prohibited, except to the extent
provided in regulations that may hereafter be issued pursuant to
this order:
(a) The importation into the United States of any goods or
services of Iraqi origin, or any activity that promotes or is
intended to promote such importation;
(b) The exportation to Iraq, or to any entity operated from Iraq,
or owned or controlled by the Government of Iraq, directly or
indirectly, of any goods, technology (including technical data or
other information), or services either (i) from the United States,
or (ii) requiring the issuance of a license by a Federal agency, or
any activity that promotes or is intended to promote such
exportation, except donations of articles intended to relieve human
suffering, such as food and supplies intended strictly for medical
purposes;
(c) Any dealing by a United States person related to property of
Iraqi origin exported from Iraq after August 6, 1990, or property
intended for exportation from Iraq to any country, or exportation
to Iraq from any country, or any activity of any kind that promotes
or is intended to promote such dealing;
(d) Any transaction by a United States person relating to travel
by any United States citizen or permanent resident alien to Iraq,
or to activities by any such person within Iraq, after the date of
this order, other than transactions necessary to effect (i) such
person's departure from Iraq, (ii) travel and activities for the
conduct of the official business of the Federal Government or the
United Nations, or (iii) travel for journalistic activity by
persons regularly employed in such capacity by a news-gathering
organization;
(e) Any transaction by a United States person relating to
transportation to or from Iraq; the provision of transportation to
or from the United States by any Iraqi person or any vessel or
aircraft of Iraqi registration; or the sale in the United States by
any person holding authority under the Federal Aviation Act of
1958, as amended (49 U.S.C. 1301 et seq.) (now 49 U.S.C. 40101 et
seq.), of any transportation by air that includes any stop in Iraq;
(f) The performance by any United States person of any contract,
including a financing contract, in support of an industrial,
commercial, public utility, or governmental project in Iraq;
(g) Except as otherwise authorized herein, any commitment or
transfer, direct or indirect, of funds, or other financial or
economic resources by any United States person to the Government of
Iraq or any other person in Iraq;
(h) Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this order.
Sec. 3. For purposes of this order:
(a) the term ''United States person'' means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States, and vessels of U.S. registration.
(b) the term ''Government of Iraq'' includes the Government of
Iraq, its agencies, instrumentalities and controlled entities, and
the Central Bank of Iraq.
Sec. 4. This order is effective immediately.
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, as may be
necessary to carry out the purposes of this order. Such actions
may include prohibiting or regulating payments or transfers of any
property or any transactions involving the transfer of anything of
economic value by any United States person to the Government of
Iraq, or to any Iraqi national or entity owned or controlled,
directly or indirectly, by the Government of Iraq or Iraqi
nationals. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the Federal
Government. All agencies of the Federal Government are directed to
take all appropriate measures within their authority to carry out
the provisions of this order, including the suspension or
termination of licenses or other authorizations in effect as of the
date of this order.
Sec. 6. Executive Order No. 12722 of August 2, 1990 (set out
above), is hereby revoked to the extent inconsistent with this
order. All delegations, rules, regulations, orders, licenses, and
other forms of administrative action made, issued, or otherwise
taken under Executive Order No. 12722 and not revoked
administratively shall remain in full force and effect under this
order until amended, modified, or terminated by proper authority.
The revocation of any provision of Executive Order No. 12722
pursuant to this section shall not affect any violation of any
rules, regulations, orders, licenses, or other forms of
administrative action under that order during the period that such
provision of that order was in effect.
This order shall be transmitted to the Congress and published in
the Federal Register. George Bush.
EXECUTIVE ORDER NO. 12725
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, which directed
Secretary of the Treasury to block all property and interests in
Kuwaiti Government property that are in the United States or within
possession or control of United States persons and which prohibited
transactions with Kuwait, was revoked by Ex. Ord. No. 12771, July
25, 1991, 56 F.R. 35993, set out below.
EXECUTIVE ORDER NO. 12730
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, which
continued effectiveness of the Export Administration Act of 1979,
50 App. U.S.C. 2401 et seq., and of the orders, rules and
regulations promulgated thereunder, was revoked by Ex. Ord. No.
12867, Sec. 1, Sept. 30, 1993, 58 F.R. 51747, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12730 were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992,
57 F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991,
56 F.R. 49385.
EXECUTIVE ORDER NO. 12735
Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, which declared
a national emergency to deal with threat of proliferation of
chemical and biological weapons and imposed controls on exports
that would assist a country in developing, stockpiling, delivering,
or using chemical or biological weapons and associated sanctions,
was revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.
59099, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12735 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993, 58
F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992, 57
F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991, 56
F.R. 58171.
EX. ORD. NO. 12771. REVOKING EARLIER ORDERS WITH RESPECT TO KUWAIT
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 301 of title 3 of the United States Code, and United
Nations Participation Act (22 U.S.C. 287 et seq.) (22 U.S.C. 287c),
I, GEORGE BUSH, President of the United States of America, find
that the expulsion from Kuwait of Iraq's occupation forces, the
restoration of Kuwait to its citizens, and the reinstatement of the
lawful Government of Kuwait eliminate the need for Executive Order
No. 12723 of August 2, 1990, entitled ''Blocking Kuwaiti Government
Property,'' and Executive Order No. 12725 of August 9, 1990,
entitled ''Blocking Kuwaiti Government Property and Prohibiting
Transactions With Kuwait.'' Those orders were issued to protect the
assets of the Government of Kuwait which were subject to United
States jurisdiction, and to prevent the transfer of benefits by
United States persons to Iraq based upon its invasion of Kuwait.
Those orders also implemented the foreign policy and protected the
national security of the United States, in conformity with
applicable resolutions of the United Nations Security Council.
Finding continuation of these orders unnecessary, I hereby order:
Section 1. Executive Order No. 12723 and Executive Order No.
12725 are hereby revoked. This revocation shall not affect the
national emergency declared in Executive Order No. 12722 (set out
above) to deal with the unusual and extraordinary threat to the
national security and foreign policy of the United States posed by
the policies and action of the Government of Iraq.
Sec. 2. This revocation shall not affect:
(a) any action taken or proceeding pending and not finally
concluded or determined on the effective date of this order;
(b) any action or proceeding based on any act committed prior to
the effective date of this order; or
(c) any rights or duties that matured or penalties that were
incurred prior to the effective date of this order.
Sec. 3. This order shall take effect immediately.
George Bush.
EXECUTIVE ORDER NO. 12775
Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, which declared a
national emergency to deal with Republic of Haiti, directed
Secretary of Treasury to block all property and interests in
property of Government of Haiti that were in United States or
within possession or control of United States persons, and
prohibited transactions with Haiti, was revoked, and such national
emergency terminated, by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R.
52403, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12775 were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994,
59 F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993,
58 F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992,
57 F.R. 45557.
EXECUTIVE ORDER NO. 12779
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti that were in United States or
within possession or control of United States persons and which
prohibited transactions with Haiti and most imports from and
exports to Haiti, was revoked by Ex. Ord. No. 12932, Oct. 14, 1994,
59 F.R. 52403, set out below.
EX. ORD. NO. 12801. BARRING OVERFLIGHT, TAKEOFF, AND LANDING OF
AIRCRAFT FLYING TO OR FROM LIBYA
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, provided:
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.), the National Emergencies Act (50 U.S.C. 1601, et seq.),
section 1114 of the Federal Aviation Act of 1958, as amended (49
U.S.C. App. 1514) (now 49 U.S.C. 40106(b)), section 5 of the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and
section 301 of title 3 of the United States Code, in view of United
Nations Security Council Resolutions Nos. 731 of January 21, 1992,
and 748 of March 31, 1992, and in order to take additional steps
with respect to Libya 's continued support for international
terrorism and the national emergency declared in Executive Order
No. 12543 of January 7, 1986 (set out above), it is hereby ordered
that:
Section 1. Except to the extent provided in regulations, orders,
directives, authorizations, or licenses that may hereafter be
issued pursuant to this order, and notwithstanding the existence of
any rights or obligations conferred or imposed by any international
agreement or any contract entered into or any license or permit
granted before the effective date of this order, 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 the territory of Libya , is hereby prohibited.
Sec. 2. The Secretary of the Treasury, in consultation with the
Secretary of Transportation, is hereby authorized to take such
actions, including the promulgation of rules and regulations, as
may be necessary to carry out the provisions of section 1 of this
order. The Secretary of the Treasury may redelegate the authority
set forth in this order to other officers in the Department of the
Treasury and may confer or impose such authority upon any other
officer of the United States, with the consent of the head of the
department or agency within which such officer is serving. All
executive branch agencies of the Federal Government hereby affected
are directed to consult as appropriate on the implementation of
this order and to take all necessary measures within their
authority to carry out the provisions of this order, including the
suspension or termination of licenses or other authorizations in
effect as of the date of this order.
Sec. 3. Nothing contained in this order shall confer any
substantive or procedural right or privilege on any person or
organization, enforceable against the United States, its agencies
or instrumentalities, its officers, or its employees.
Sec. 4. This order is effective 11:59 p.m. eastern daylight time,
April 15, 1992.
Sec. 5. This order shall be transmitted to the Congress and
published in the Federal Register. George Bush.
EX. ORD. NO. 12808. BLOCKING ''YUGOSLAV GOVERNMENT'' PROPERTY AND
PROPERTY OF GOVERNMENTS OF SERBIA AND MONTENEGRO
Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, provided:
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.), the National Emergencies Act (50 U.S.C. 1601, et seq.), and
section 301 of title 3 of the United States Code,
I, GEORGE BUSH, President of the United States of America, find
that the actions and policies of the Governments of Serbia and
Montenegro, acting under the name of the Socialist Federal Republic
of Yugoslavia or the Federal Republic of Yugoslavia, in their
involvement in and support for groups attempting to seize territory
in Croatia and Bosnia-Hercegovina by force and violence utilizing,
in part, the forces of the so-called Yugoslav National Army,
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to
this order, all property and interests in property of the
Government of Serbia and the Government of Montenegro 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, including their overseas branches, are
hereby blocked.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to
this order, all property and interests in property in the name of
the Government of the Socialist Federal Republic of Yugoslavia or
the Government of the Federal Republic of Yugoslavia 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, including their overseas branches, are
hereby blocked.
Sec. 3. Any transaction by any 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.
Sec. 4. For the purposes of this order:
(a) The term ''United States person'' means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or
person in the United States;
(b) The terms ''Government of Serbia'' and ''Government of
Montenegro'' include the governments of Serbia and Montenegro,
including any subdivisions thereof or local government therein,
their respective agencies, instrumentalities and controlled
entities, and any persons acting or purporting to act for or on
behalf of any of the foregoing, including the National Bank of
Serbia, the Serbian Chamber of Economy, the National Bank of
Montenegro, and the Montenegrin Chamber of Economy;
(c) The terms ''Government of the Socialist Federal Republic of
Yugoslavia'' and ''Government of the Federal Republic of
Yugoslavia'' include the government of the former Socialist Federal
Republic of Yugoslavia, the government of the newly constituted
Federal Republic of Yugoslavia, their respective agencies,
instrumentalities and controlled entities, and any persons acting
or purporting to act for or on behalf of any of the foregoing,
including the National Bank of Yugoslavia, the Yugoslav National
Army, and the Yugoslav Chamber of Economy.
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 the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), as may be necessary
to carry out the purposes of this order. Such actions may include
prohibiting or regulating payments or transfers of any property, or
any transactions involving the transfer of anything of economic
value by any United States person to the Government of the
Socialist Federal Republic of Yugoslavia, the Government of the
Federal Republic of Yugoslavia, the Government of Serbia, the
Government of Montenegro, any person in Serbia or Montenegro, or
any person or entity acting for or on behalf of, or owned or
controlled, directly or indirectly, by any of the foregoing. The
Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, all
agencies of which are hereby directed to take all appropriate
measures within their authority to carry out the provisions of this
order, including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order shall take effect at 11:59 p.m. Eastern
Daylight Time, May 30, 1992.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. George Bush.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12808
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205, provided:
On May 30, 1992, by Executive Order 12808 (set out above),
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 Federal Republic of Yugoslavia (Serbia and
Montenegro) by Executive Orders 12810 and 12831 (set out below),
issued on June 5, 1992, and January 15, 1993, respectively. On
April 25, 1993, I issued Executive Order 12846 (set out below),
blocking the property and interests in property of all commercial,
industrial, or public utility undertakings or entities organized or
located in the Federal Republic of Yugoslavia (Serbia and
Montenegro), and prohibiting trade-related transactions by United
States persons involving those areas of Bosnia and Herzegovina
controlled by Bosnian Serb forces and the United Nations Protected
Areas in the Republic of Croatia. On October 24, 1994, because of
the actions and policies of the Bosnian Serbs, I expanded the scope
of the national emergency by issuing Executive Order 12934 (set out
below) to block the property of the Bosnian Serb forces and the
authorities in the territory that they control within Bosnia and
Herzegovina, as well as the property of any entity organized or
located in, or controlled by any person in, or resident in, those
areas.
On December 27, 1995, I issued Presidential Determination 96-7
(set out above), directing the Secretary of the Treasury, inter
alia, to suspend the application of sanctions imposed on the
Federal Republic of Yugoslavia (Serbia and Montenegro) 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 Serbia and Montenegro'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 Federal Republic of
Yugoslavia (Serbia and Montenegro) were accordingly suspended
prospectively, effective January 16, 1996. Sanctions imposed on the
Bosnian Serb forces and authorities and on the territory that they
control 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
Federal Republic of Yugoslavia (Serbia and Montenegro) 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, 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, 1999.
On June 9, 1998, following attacks and repression directed by the
government in Belgrade against the people of Kosovo, I issued
Executive Order 13088 (set out below), ''Blocking Property of the
Governments of the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Republic of Serbia, and the Republic of
Montenegro, and Prohibiting New Investment in the Republic of
Serbia in Response to the Situation in Kosovo.'' Since then, the
government of President Milosevic has rejected the international
community's efforts to find a peaceful settlement for the crisis in
Kosovo and has launched a massive campaign of ethnic cleansing that
has displaced a large percentage of the population and been
accompanied by an increasing number of atrocities. In light of
President Milosevic's brutal assault against the people of Kosovo,
his complete disregard for the requirements of the international
community and the threat his actions pose to regional peace and
stability, I have determined that it is necessary to maintain in
force these emergency authorities beyond June 9, 1999.
Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency declared on May 30, 1992, as expanded on October 24,
1994, and the national emergency declared on June 9, 1998, with
respect to the Federal Republic of Yugoslavia (Serbia and
Montenegro). This notice shall be published in the Federal Register
and transmitted to the Congress. William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12808 were contained in the following:
Notice of President of the United States, dated May 28, 1998, 63
F.R. 29527.
Notice of President of the United States, dated May 28, 1997, 62
F.R. 29283.
Notice of President of the United States, dated May 24, 1996, 61
F.R. 26773.
Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R.
2887.
Notice of President of the United States, dated May 10, 1995, 60
F.R. 25599.
Notice of President of the United States, dated May 25, 1994, 59
F.R. 27429.
Notice of President of the United States, dated May 25, 1993, 58
F.R. 30693.
EX. ORD. NO. 12810. BLOCKING PROPERTY OF AND PROHIBITING
TRANSACTIONS WITH FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO)
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by
Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, provided:
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.), the National Emergencies Act (50 U.S.C. 1601, et seq.),
section 1114 of the Federal Aviation Act of 1958, as amended (49
U.S.C. App. 1514), section 5 of the United Nations Participation
Act of 1945, as amended (22 U.S.C. 287c), and section 301 of title
3 of the United States Code, in view of United Nations Security
Council Resolution No. 757 of May 30, 1992, and in order to take
additional steps with respect to the actions and policies of the
Federal Republic of Yugoslavia (Serbia and Montenegro) and the
national emergency described and declared in Executive Order No.
12808 (set out above),
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to
this order, and notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, all property and interests in
property of the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro), and property and interests in property
held in the name of the Government of the Federal Republic of
Yugoslavia or of the former Government of the Socialist Federal
Republic of Yugoslavia, 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,
including their overseas branches, are blocked.
Sec. 2. The following are prohibited, notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or any contract entered into or any license
or permit granted before the effective date of this order, except
to the extent provided in regulations, orders, directives, or
licenses which may hereafter be issued pursuant to this order:
(a) The importation into the United States of any goods
originating in, or services performed in, the Federal Republic of
Yugoslavia (Serbia and Montenegro), exported from the Federal
Republic of Yugoslavia (Serbia and Montenegro) after May 30, 1992,
or any activity that promotes or is intended to promote such
importation;
(b) The exportation to the Federal Republic of Yugoslavia (Serbia
and Montenegro), or to any entity operated from the Federal
Republic of Yugoslavia (Serbia and Montenegro), or owned or
controlled by the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro), directly or indirectly, of any goods,
technology (including technical data or other information
controlled for export pursuant to the Export Administration
Regulations, 15 C.F.R. Parts 768, et seq.), or services, either (i)
from the United States, (ii) requiring the issuance of a license by
a Federal agency, or (iii) involving the use of U.S.-registered
vessels or aircraft, or any activity that promotes or is intended
to promote such exportation;
(c) Any dealing by a United States person related to property
originating in the Federal Republic of Yugoslavia (Serbia and
Montenegro) exported from the Federal Republic of Yugoslavia
(Serbia and Montenegro) after May 30, 1992, or property intended
for exportation from the Federal Republic of Yugoslavia (Serbia and
Montenegro) to any country, or exportation to the Federal Republic
of Yugoslavia (Serbia and Montenegro) from any country, or any
activity of any kind that promotes or is intended to promote such
dealing;
(d) Any transaction by a United States person, or involving the
use of U.S.-registered vessels and aircraft, relating to
transportation to or from the Federal Republic of Yugoslavia
(Serbia and Montenegro), the provision of transportation to or from
the United States by any person in the Federal Republic of
Yugoslavia (Serbia and Montenegro) or any vessel or aircraft
registered in the Federal Republic of Yugoslavia (Serbia and
Montenegro), or the sale in the United States by any person holding
authority under the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301, et seq.) (now 49 U.S.C. 40101 et seq.), of any
transportation by air that includes any stop in the Federal
Republic of Yugoslavia (Serbia and Montenegro);
(e) 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 the territory of the Federal Republic
of Yugoslavia (Serbia and Montenegro);
(f) The performance by any United States person of any contract,
including a financing contract, in support of an industrial,
commercial, public utility, or governmental project in the Federal
Republic of Yugoslavia (Serbia and Montenegro);
(g) Any commitment or transfer, direct or indirect, of funds, or
other financial or economic resources by any United States person
to or for the benefit of the Government of the Federal Republic of
Yugoslavia (Serbia and Montenegro) or any other person in the
Federal Republic of Yugoslavia (Serbia and Montenegro);
(h) Any transaction in the United States or by a United States
person related to participation in sporting events in the United
States by persons or groups representing the Federal Republic of
Yugoslavia (Serbia and Montenegro);
(i) (Revoked by Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58
F.R. 5253.)
Sec. 3. Nothing in this order shall apply to (i) the
transshipment through the Federal Republic of Yugoslavia (Serbia
and Montenegro) of commodities and products originating outside the
Federal Republic of Yugoslavia (Serbia and Montenegro) and
temporarily present in the territory of the Federal Republic of
Yugoslavia (Serbia and Montenegro) only for the purpose of such
transshipment, and (ii) activities related to the United Nations
Protection Force (UNPROFOR), the Conference on Yugoslavia, or the
European Community Monitor Mission.
Sec. 4. Any transaction by any 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.
Sec. 5. For the purposes of this order:
(a) The term ''United States person'' means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States, and vessels and aircraft of U.S.
registration;
(b) The term ''the Federal Republic of Yugoslavia (Serbia and
Montenegro)'' means the territory of Serbia and Montenegro;
(c) The term ''the Government of the Federal Republic of
Yugoslavia (Serbia and Montenegro)'' includes the government of the
newly constituted Federal Republic of Yugoslavia, the Government of
Serbia, and the Government of Montenegro, including any
subdivisions thereof or local governments therein, their respective
agencies, instrumentalities and controlled entities, and any
persons acting or purporting to act for or on behalf of any of the
foregoing, including the National Bank of Yugoslavia, the Yugoslav
National Army, and the Yugoslav Chamber of Economy, the National
Bank of Serbia, the Serbian Chamber of Economy, the National Bank
of Montenegro, and the Montenegrin Chamber of Economy.
Sec. 6. 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 the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations
Participation Act (22 U.S.C. 287 et seq.), as may be necessary to
carry out the purposes of this order. Such actions may include
prohibiting or regulating payments or transfers of any property, or
any transactions involving the transfer of anything of economic
value by the (sic) any United States person to the Government of
the Federal Republic of Yugoslavia (Serbia and Montenegro), any
person in the Federal Republic of Yugoslavia (Serbia and
Montenegro), or any person or entity acting for or on behalf of, or
owned or controlled, directly or indirectly, by any of the
foregoing. The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United States
Government, all agencies of which are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the date of this
order.
Sec. 7. All delegations, rules, regulations, orders, licenses,
and other forms of administrative action made, issued, or otherwise
taken under Executive Order No. 12808 (set out above) and not
revoked administratively shall remain in full force and effect
under this order until amended, modified, or terminated by proper
authority.
Sec. 8. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 9. (a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. George Bush.
EX. ORD. NO. 12817. TRANSFER OF CERTAIN IRAQI GOVERNMENT ASSETS
HELD BY DOMESTIC BANKS
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3 of the United
States Code, in order to apply in the United States measures
adopted in United Nations Security Council Resolution No. 778 of
October 2, 1992, and in order to take additional steps with respect
to the actions and policies of the Government of Iraq and the
national emergency described and declared in Executive Order No.
12722 (set out above),
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. The Secretary of the Treasury is authorized and
directed to take all actions necessary to carry out the provisions
of United Nations Security Council Resolution No. 778 with respect
to blocked funds and other assets described in section 2 of this
order, or funds and other assets received from the United Nations
in repayment of funds and assets transferred pursuant to section 2
of this order. For this purpose, the Secretary of the Treasury is
delegated and authorized to exercise all authorities vested in the
President by sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) and section 5 of the
United Nations Participation Act (22 U.S.C. 287c).
Sec. 2. Upon a determination by the Secretary of the Treasury
that funds or other assets in which the Government of Iraq or its
agencies, instrumentalities, or controlled entities have an
interest represent the proceeds of the sale of Iraqi petroleum or
petroleum products, paid for by or on behalf of the purchaser on or
after August 6, 1990, each and every United States financial
institution is directed and compelled to transfer such funds or
assets held by it or carried on its books to the Federal Reserve
Bank of New York, when, to the extent, and in the manner required
by the Secretary of the Treasury.
Sec. 3. The Federal Reserve Bank of New York, as fiscal agent of
the United States, is authorized, directed, and compelled to
receive funds and other assets in which the Government of Iraq or
its agencies, instrumentalities, or controlled entities have an
interest, and to hold, invest, or transfer such funds and assets,
and any earnings thereon, when, to the extent, and in the manner
required by the Secretary of the Treasury in order to fulfill the
rights and obligations of the United States under United Nations
Security Council Resolution No. 778.
Sec. 4. Compliance with this order, or any regulation,
instruction, or direction issued under this order, licensing,
authorizing, directing, or compelling the transfer of the blocked
funds and other assets described in section 2 of this order, or
funds and other assets received from the United Nations in
repayment of funds and assets transferred pursuant to section 2 of
this order, shall, to the extent thereof, be a full acquittance and
discharge for all purposes of the obligation of the person making
the transfer. No person shall be held liable in any court for or
with respect to anything done or omitted in good faith in
connection with the administration of, or pursuant to and in
reliance on, this order or any regulation, instruction, or
direction issued hereunder. The operation of this order shall have
no effect on rights, debts, and claims existing with respect to
funds or other assets prior to their transfer to the Federal
Reserve Bank of New York.
Sec. 5. For the purposes of this order, the term ''United States
financial institution'' means any United States citizen, permanent
resident alien, juridical person organized under the laws of the
United States, or any person located in the United States, which is
engaged in the business of accepting deposits, making, granting,
transferring, holding, or brokering loans or credits, or purchasing
or selling foreign exchange or securities, including, but not
limited to, depository institutions, banks, saving banks, trust
companies, securities brokers and dealers, clearing corporations,
investment companies, and U.S. holding companies, U.S. affiliates,
or U.S. subsidiaries of the foregoing. This term includes
branches, offices, and agencies of foreign financial institutions
which are located in the United States.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to take such actions, including
the issuance of directive licenses, rules, and regulations, 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 Federal Government. All agencies
of the Federal Government are directed to take all appropriate
measures within their authority to carry out the provisions of this
order.
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party (other
than the United States) against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
Sec. 8.
(a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. George Bush.
EX. ORD. NO. 12831. ADDITIONAL MEASURES WITH RESPECT TO FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3 of the United
States Code, in view of United Nations Security Council Resolutions
No. 757 of May 30, 1992, and No. 787 of November 16, 1992, and in
order to take additional steps with respect to the actions and
policies of the Federal Republic of Yugoslavia (Serbia and
Montenegro) and the national emergency described and declared in
Executive Order No. 12808 (set out above) and expanded in Executive
Order No. 12810 (set out above),
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses which may
hereafter be issued pursuant to this order, and notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or any contract entered into or any license
or permit granted before the effective date of this order:
(a) Any transaction within the United States or by a United
States person related to the transshipment of commodities or
products through the Federal Republic of Yugoslavia (Serbia and
Montenegro); and
(b) Any transaction within the United States or by a United
States person relating to any vessel in which a majority or
controlling interest is held by a person or entity in, or operating
from, the Federal Republic of Yugoslavia (Serbia and Montenegro)
regardless of the flag under which the vessel sails.
Sec. 2. Any vessel in which a majority or controlling interest is
held by a person or entity in, or operating from, the Federal
Republic of Yugoslavia (Serbia and Montenegro) shall be considered
as a vessel of the Federal Republic of Yugoslavia (Serbia and
Montenegro) regardless of the flag under which the vessel sails.
Sec. 3. 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 the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations
Participation Act (22 U.S.C. 287 et seq.), as may be necessary to
carry out the purpose of this order. Such actions may include
prohibiting or regulating trade and financial transactions
involving any areas of the territory of the former Socialist
Federal Republic of Yugoslavia as to which there is inadequate
assurance that such transactions will not be diverted to the
benefit of the Federal Republic of Yugoslavia (Serbia and
Montenegro). The Secretary of the Treasury may redelegate the
authority set forth in this order to other officers and agencies of
the United States Government, all agencies of which are hereby
directed to take all appropriate measures within their authority to
carry out the provisions of this order, including suspension or
termination of licenses or other authorizations in effect as of the
date of this order.
Sec. 4. Section 3(2)(i) of Executive Order No. 12810 (set out
above) is hereby revoked.
Sec. 5. The definitions contained in Section 5 of Executive Order
No. 12810 (set out above) apply to the terms used in this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. George Bush.
EX. ORD. NO. 12846. ADDITIONAL MEASURES WITH RESPECT TO FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code, in view of United Nations Security Council Resolution No. 757
of May 30, 1992, No. 787 of November 16, 1992, and No. 820 of April
17, 1993, and in order to take additional steps with respect to the
actions and policies of the Federal Republic of Yugoslavia (Serbia
and Montenegro) and the national emergency described and declared
in Executive Order No. 12808 (set out above) and expanded in
Executive Order No. 12810 (set out above) and No. 12831 (set out
above),
I, WILLIAM J. CLINTON, President of the United States of America,
hereby order:
Section 1. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses which may hereafter be
issued pursuant to this order:
(a) All property and interests in property of all commercial,
industrial, or public utility undertakings or entities organized or
located in the Federal Republic of Yugoslavia (Serbia and
Montenegro), including, without limitation, the property and
interests in property of entities (wherever organized or located)
owned or controlled by such undertakings or entities, 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, including their overseas branches, are
hereby blocked;
(b) All expenses incident to the blocking and maintenance of
property blocked under Executive Order Nos. 12808, 12810, 12831
(set out above) or this order shall be charged to the owners or
operators of such property, which expenses shall not be met from
blocked funds. Such property may also be sold or liquidated and
the proceeds placed in a blocked interest-bearing account in the
name of the owner;
(c) All vessels, freight vehicles, rolling stock, aircraft and
cargo that are within or hereafter come within the United States
and are not subject to blocking under Executive Order Nos. 12808,
12810, 12831 or this order, but which are suspected of a violation
of United Nations Security Council Resolution Nos. 713, 757, 787 or
820, shall be detained pending investigation and, upon a
determination by the Secretary of the Treasury that they have been
in violation of any of these resolutions, shall be blocked. Such
blocked conveyances and cargo may also be sold or liquidated and
the proceeds placed in a blocked interest-bearing account in the
name of the owner;
(d) No vessel registered in the United States or owned or
controlled by United States persons, other than a United States
naval vessel, may enter the territorial waters of the Federal
Republic of Yugoslavia (Serbia and Montenegro); and
(e) Any dealing by a United States person relating to the
importation from, exportation to, or transshipment through the
United Nations Protected Areas in the Republic of Croatia and those
areas of the Republic of Bosnia-Hercegovina under the control of
Bosnian Serb forces, or activity of any kind that promotes or is
intended to promote such dealing, is prohibited.
Sec. 2. 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 the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations
Participation Act (22 U.S.C. 287 et seq.) as may be necessary to
carry out the purposes of this order. The Secretary of the
Treasury may redelegate the authority set forth in this order to
other officers and agencies of the Federal Government, all agencies
of which are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order,
including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 3. Nothing in this order shall apply to activities related
to the United Nations Protection Force, the International
Conference on the Former Yugoslavia, and the European Community
Monitor Mission.
Sec. 4. The definitions contained in section 5 of Executive Order
No. 12810 (set out above) apply to the terms used in this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. This order shall not affect the provisions of licenses
and authorizations issued pursuant to Executive Order Nos. 12808,
12810, 12831 (set out above) and in force on the effective date of
this order, except as such licenses or authorization may hereafter
be terminated, modified or suspended by the issuing federal agency.
Sec. 7. (a) This order shall take effect at 12:01 a.m. Eastern
Daylight Time, April 26, 1993.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
EXECUTIVE ORDER NO. 12853
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti and the de facto regime in Haiti or
controlled directly or indirectly by either that were in United
States or within possession or control of United States persons and
which prohibited sale or supply to Haiti of petroleum or arms and
related materiel by United States persons or from United States or
using U.S.-registered vessels or aircraft, was revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EX. ORD. NO. 12865. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO UNITA
Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code, and in view of United Nations Security Council Resolution No.
864 of September 15, 1993,
I, WILLIAM J. CLINTON, President of the United States of America,
take note of the United Nations Security Council's determination
that, as a result of UNITA's military actions, the situation in
Angola constitutes a threat to international peace and security,
and find that the actions and policies of UNITA, in continuing
military actions, repeated attempts to seize additional territory
and failure to withdraw its troops from locations that it has
occupied since the resumption of hostilities, in repeatedly
attacking United Nations personnel working to provide humanitarian
assistance, in holding foreign nationals against their will, in
refusing to accept the results of the democratic elections held in
Angola in 1992, and in failing to abide by the ''Acordos de Paz,''
constitute an unusual and extraordinary threat to the foreign
policy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or contract entered into or any license or
permit granted before the effective date of this order, except to
the extent provided in regulations, orders, directives, or licenses
which may hereafter be issued pursuant to this order:
(a) 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 and equipment and spare parts for the
aforementioned, as well as petroleum and petroleum products,
regardless of origin:
(1) to UNITA;
(2) to the territory of Angola, other than through points of
entry to be designated by the Secretary of the Treasury, or any
activity by United States persons or in the United States which
promotes or is calculated to promote such sale or supply.
(b) Any transaction by any 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.
Sec. 2. For purposes of this order:
(a) The term ''United States person'' means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or
person in the United States;
(b) The term ''UNITA'' includes:
(1) the Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the ''National Union for the Total
Independence of Angola;''
(2) the Forcas Armadas para a Liberacao de Angola (FALA), known
in English as the ''Armed Forces for the Liberation of Angola;''
and
(3) any person acting or purporting to act for or on behalf of
any of the foregoing, including the Free Angola Information
Service, Inc.
Sec. 3. 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 the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations
Participation Act (22 U.S.C. 287 et seq.) as may be necessary to
carry out the purpose of this order. The Secretary of the Treasury
may redelegate any of these functions to other officers and
agencies of the United States Government.
Sec. 4. Nothing contained in the order shall be construed to
supersede the requirements established under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) and the Export Administration
Act (50 U.S.C. App. 2401 et seq.) to obtain licenses for the
exportation from the United States or from a third country of any
goods, data, or services subject to the export jurisdiction of the
Department of State or the Department of Commerce.
Sec. 5. All Federal agencies are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the date of this
order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order shall take effect immediately.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12865
Notice of President of the United States, dated Sept. 21, 1999,
64 F.R. 51419, provided:
On September 26, 1993, by Executive Order 12865 (set out above),
I declared a national emergency to deal with the unusual and
extraordinary threat to the foreign policy of the United States
constituted by the actions and policies of the National Union for
the Total Independence of Angola (UNITA), prohibiting the sale or
supply by United States persons or from the United States, or using
U.S. registered vessels or aircraft, or arms, related materiel of
all types, petroleum, and petroleum products to the territory of
Angola, other than through designated points of entry. The order
also prohibits the sale or supply of such commodities to UNITA. On
December 12, 1997, in order to take additional steps with respect
to the national emergency declared in Executive Order 12865, I
issued Executive Order 13069 (set out below), closing all UNITA
offices in the United States and imposing additional sanctions with
regard to the sale or supply of aircraft or aircraft parts, the
granting of take-off, landing and overflight permission, and the
provision of certain aircraft-related services. On August 18,
1998, in order to take further steps with respect to the national
emergency declared in Executive Order 12865, I issued Executive
Order 13098 (set out below), blocking all property and interests in
property of UNITA and designated UNITA officials and adult members
of their immediate families, prohibiting the importation of certain
diamonds exported from Angola, and imposing additional sanctions
with regard to the sale or supply of equipment used in mining,
motorized vehicles, watercraft, spare parts for motorized vehicles
or watercraft, mining services, and ground or waterborne
transportation services.
Because of our continuing international obligations and because
of the prejudicial effect that discontinuation of the sanctions
would have on prospects for peace in Angola, the national emergency
declared on September 26, 1993, and the measures adopted pursuant
thereto to deal with that emergency, must continue in effect beyond
September 26, 1999. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing
the national emergency with respect to UNITA.
This notice shall be published in the Federal Register and
transmitted to the Congress. William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12865 were contained in the following:
Notice of President of the United States, dated Sept. 23, 1998,
63 F.R. 51509.
Notice of President of the United States, dated Sept. 24, 1997,
62 F.R. 50477.
Notice of President of the United States, dated Sept. 16, 1996,
61 F.R. 49047.
Notice of President of the United States, dated Sept. 18, 1995,
60 F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994, 59
F.R. 42749.
EX. ORD. NO. 12867. TERMINATION OF EMERGENCY AUTHORITY FOR CERTAIN
EXPORT CONTROLS
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 203
of the International Emergency Economic Powers Act (50 U.S.C. 1702)
(''the IEEPA''), the National Emergencies Act (50 U.S.C. 1601 et
seq.), the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.) (''the Act''), and section 301 of title 3 of the
United States Code, it is hereby ordered as follows:
Section 1. In view of the extension of the Act by Public Law
103-10 (March 27, 1993) (amending 50 App. U.S.C. 2419), Executive
Order No. 12730 of September 30, 1990, which continued the effect
of export control regulations under the IEEPA, is revoked, and the
declaration of economic emergency is rescinded, as provided in this
order.
Sec. 2. The revocation of Executive Order No. 12730 shall not
affect any violation of any rules, regulations, orders, licenses,
and other forms of administrative action under that Order that
occurred during the period the order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and Executive Order No. 12735, including those codified
at 15 CFR Sections 768-799 (1993), and all orders, regulations,
licenses, and other forms of administrative action issued, taken,
or continued in effect pursuant thereto, shall remain in full force
and effect, as if issued, taken, or continued in effect pursuant to
and as authorized by the Act or by other appropriate authority
until amended or revoked by the proper authority. Nothing in this
order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set
forth in Executive Order No. 12002 of July 7, 1977, Executive Order
No. 12214 of May 2, 1980 (50 App. U.S.C. 2403 notes), and Executive
Order No. 12735 of November 16, 1990.
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant to the authority of the IEEPA and Executive Order No.
12730 relating to the administration of Section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) shall remain in full force
and effect until amended or revoked under proper authority.
Sec. 4. This order shall take effect immediately.
William J. Clinton.
EXECUTIVE ORDER NO. 12868
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, which directed
Secretary of Commerce to regulate activities of United States
persons to prevent participation in weapons proliferation
activities, was revoked, with savings provision, by Ex. Ord. No.
12930, Sec. 3, Sept. 29, 1994, 59 F.R. 50475, formerly set out
below.
EXECUTIVE ORDER NO. 12872
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, which directed
Secretary of the Treasury to block property of persons obstructing
democratization in Haiti, was revoked by Ex. Ord. No. 12932, Oct.
14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12914
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, which directed
Secretary of the Treasury to block all funds and financial
resources of officers and employees of Haitian military, including
police, and of all major participants in coup d'eAE1tat in Haiti of
1991 and in illegal governments that followed, and which prohibited
air travel between United States territory and Haiti except
regularly scheduled commercial passenger flights, was revoked by
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12917
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, which prohibited
imports into United States from Haiti and activity by United States
persons or in United States promoting or dealing in Haitian
exports, with certain exceptions, was revoked by Ex. Ord. No.
12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12920
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, which
prohibited payment or transfer of funds or other financial or
investment assets or credits to Haiti from or through United States
or from Haiti to or through United States and the sale, supply, or
exportation of goods, technology, or services to Haiti or promotion
of such activity, with certain exceptions, was revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12922
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, which directed
Secretary of the Treasury to block property and interests in
property of Haitian national residents in Haiti and to continue
blocking property of certain other persons that were in United
States or within possession and control of United States persons,
was revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403,
set out below.
EXECUTIVE ORDER NO. 12923
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12924, Sec. 4,
Aug. 19, 1994, 59 F.R. 43438, set out below.
EX. ORD. NO. 12924. CONTINUATION OF EXPORT CONTROL REGULATIONS
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including but not
limited to section 203 of the International Emergency Economic
Powers Act (''Act'') (50 U.S.C. 1702), I, WILLIAM J. CLINTON,
President of the United States of America, find that the
unrestricted access of foreign parties to U.S. goods, technology,
and technical data and the existence of certain boycott practices
of foreign nations, in light of the expiration of the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et
seq.), constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
and hereby declare a national emergency with respect to that
threat.
Accordingly, in order (a) to exercise the necessary vigilance
over exports and activities affecting the national security of the
United States; (b) to further significantly the foreign policy of
the United States, including its policy with respect to cooperation
by U.S. persons with certain foreign boycott activities, and to
fulfill its international responsibilities; and (c) to protect the
domestic economy from the excessive drain of scarce materials and
reduce the serious economic impact of foreign demand, it is hereby
ordered as follows:
Section 1. To the extent permitted by law, the provisions of the
Export Administration Act of 1979, as amended, and the provisions
for administration of the Export Administration Act of 1979, as
amended, shall be carried out under this order so as to continue in
full force and effect and amend, as necessary, the export control
system heretofore maintained by the Export Administration
regulations issued under the Export Administration Act of 1979, as
amended. The delegations of authority set forth in Executive Order
No. 12002 of July 7, 1977 (50 App. U.S.C. 2403 note), as amended by
Executive Order No. 12755 of March 12, 1991; Executive Order No.
12214 of May 2, 1980 (50 App. U.S.C. 2403 note); Executive Order
No. 12735 of November 16, 1990; and Executive Order No. 12851 of
June 11, 1993 (22 U.S.C. 2797 note), shall be incorporated in this
order and shall apply to the exercise of authorities under this
order.
Sec. 2. All rules and regulations issued or continued in effect
by the Secretary of Commerce under the authority of the Export
Administration Act of 1979, as amended (50 App. U.S.C. 2401 et
seq.), including those published in Title 15, Subtitle B, Chapter
VII, Subchapter C, of the Code of Federal Regulations, Parts 768
through 799, and all orders, regulations, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant thereto, shall, until amended or revoked by the Secretary
of Commerce, remain in full force and effect as if issued or taken
pursuant to this order, except that the provisions of sections
203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705) shall
control over any inconsistent provisions in the regulations.
Nothing in this section shall affect the continued applicability of
administrative sanctions provided for by the regulations described
above.
Sec. 3. Provisions for administration of section 38(e) of the
Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall
continue in full force and effect until amended or revoked under
the authority of section 203 of the Act (50 U.S.C. 1702). To the
extent permitted by law, this order also shall constitute authority
for the issuance and continuation in full force and effect of all
rules and regulations by the President or his delegate, and all
orders, licenses, and other forms of administrative actions issued,
taken, or continued in effect pursuant thereto, relating to the
administration of section 38(e).
Sec. 4. Executive Order No. 12923 of June 30, 1994, is revoked,
and that declaration of emergency is rescinded. The revocation of
Executive Order No. 12923 shall not affect any violation of any
rules, regulations, orders, licenses, and other forms of
administrative action under that order that occurred during the
period the order was in effect.
Sec. 5. This order shall be effective as of midnight between
August 20, 1994, and August 21, 1994, and shall remain in effect
until terminated. William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12924
Notice of President of the United States, dated Aug. 10, 1999, 64
F.R. 44101, provided:
On August 19, 1994, consistent with the authority provided me
under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), I issued Executive Order 12924 (set out above). In
that order, I declared a national emergency with respect to the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States in light of the expiration
of the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.). Because the Export Administration Act has not
been renewed by the Congress, the national emergency declared on
August 19, 1994, must continue in effect beyond August 19, 1999.
Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency declared in Executive Order 12924.
This notice shall be published in the Federal Register and
transmitted to the Congress. William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12924 were contained in the following:
Notice of President of the United States, dated Aug. 13, 1998, 63
F.R. 44121.
Notice of President of the United States, dated Aug. 13, 1997, 62
F.R. 43629.
Notice of President of the United States, dated Aug. 14, 1996, 61
F.R. 42527.
Notice of President of the United States, dated Aug. 15, 1995, 60
F.R. 42767.
EXECUTIVE ORDER NO. 12930
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, which directed
Secretary of Commerce to take measures to restrict participation by
United States persons in weapons proliferation activities, was
revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.
59099, set out below.
EX. ORD. NO. 12932. TERMINATION OF EMERGENCY WITH RESPECT TO HAITI
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (''NEA'') (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c), and section 301 of title 3, United
States Code, and taking into consideration United Nations Security
Council Resolution 944 of September 29, 1994,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the restoration of a democratically elected government in
Haiti has ended the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
previously posed by the policies and actions of the de facto regime
in Haiti and the need to continue the national emergency declared
in Executive Order No. 12775 of October 4, 1991, to deal with that
threat.
I hereby revoke Executive Order Nos. 12775, 12779, 12853, 12872,
12914, 12917, 12920, and 12922 and terminate the national emergency
declared in Executive Order No. 12775 with respect to Haiti.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination
of the national emergency with respect to Haiti 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 the effective date
of this order, or any rights or duties that matured or penalties
that were incurred prior to the effective date of this order.
This order shall take effect at 12:01 a.m. eastern daylight time
on October 16, 1994. William J. Clinton.
EX. ORD. NO. 12934. BLOCKING PROPERTY AND ADDITIONAL MEASURES WITH
RESPECT TO BOSNIAN SERB-CONTROLLED AREAS OF REPUBLIC OF BOSNIA AND
HERZEGOVINA
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code, in view of United Nations Security Council Resolution 942 of
September 23, 1994, and in order to take additional steps with
respect to the crisis in the former Yugoslavia, I hereby expand the
scope of the national emergency declared in Executive Order No.
12808 (set out above) 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 control,
including their refusal to accept the proposed territorial
settlement of the conflict in the Republic of Bosnia and
Herzegovina.
I, WILLIAM J. CLINTON, President of the United States of America,
hereby order:
Section 1. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses, which may hereafter
be issued pursuant to this order, all property and interests in
property of: (a) the Bosnian Serb military and paramilitary forces
and the authorities in those areas of the Republic of Bosnia and
Herzegovina under the control of those forces;
(b) any entity, including any commercial, industrial, or public
utility undertaking, organized or located in those areas of the
Republic of Bosnia and Herzegovina under the control of Bosnian
Serb forces;
(c) any entity, wherever organized or located, which is owned or
controlled directly or indirectly by any person in, or resident in,
those areas of the Republic of Bosnia and Herzegovina under the
control of Bosnian Serb forces;
(d) any person acting for or on behalf of any person included
within the scope of paragraph (a), (b), or (c) of this section;
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, including their overseas
branches, are blocked.
Sec. 2. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before
the effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses, which may hereafter
be issued pursuant to this order: (a) the provision or exportation
of services to those areas of the Republic of Bosnia and
Herzegovina under the control of Bosnian Serb forces, or to any
person for the purpose of any business carried on in those areas,
either from the United States or by a United States person, is
prohibited; and
(b) no vessel registered in the United States or owned or
controlled by a United States person, other than a United States
naval vessel, may enter the riverine ports of those areas of the
Republic of Bosnia and Herzegovina under the control of Bosnian
Serb forces.
Sec. 3. Any transaction by any 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.
Sec. 4. 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 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. 287 et seq.), as amended, as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate the authority set forth in
this order to other officers and agencies of the United States
Government, all agencies of which are hereby directed to take all
appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the date of this
order.
Sec. 5. Nothing in this order shall apply to activities related
to the United Nations Protection Force, the International
Conference on the Former Yugoslavia, or the European Community
Monitoring Missions.
Sec. 6. For the purposes of this order:
(a) The term ''person'' means an individual or entity;
(b) The term ''entity'' means a corporation, partnership,
association, or other organization;
(c) The term ''United States person'' is as defined in section 5
of Executive Order No. 12810 (set out above).
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 8 (a) This order shall take effect at 11:59 p.m. eastern
daylight time on October 25, 1994.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
EX. ORD. NO. 12938. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by
Ex. Ord. No. 13094, Sec. 1, July 28, 1998, 63 F.R. 40803; Ex. Ord.
No. 13128, June 25, 1999, 64 F.R. 34704, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the
Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.),
Executive Orders Nos. 12851 (22 U.S.C. 2797 note) and 12924 (set
out above), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the proliferation of nuclear, biological, and chemical
weapons (''weapons of mass destruction'') and of the means of
delivering such weapons, constitutes an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States, and hereby declare a national emergency to deal with
that threat.
Accordingly, I hereby order:
Section 1. International Negotiations. It is the policy of the
United States to lead and seek multilaterally coordinated efforts
with other countries to control the proliferation of weapons of
mass destruction and the means of delivering such weapons.
Accordingly, the Secretary of State shall cooperate in and lead
multilateral efforts to stop the proliferation of weapons of mass
destruction and their means of delivery.
Sec. 2. Imposition of Controls. As provided herein, the Secretary
of State and the Secretary of Commerce shall use their respective
authorities, including the Arms Export Control Act (22 U.S.C. 2751
et seq.) and the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), to control any exports, to the extent they
are not already controlled by the Department of Energy and the
Nuclear Regulatory Commission, that either Secretary determines
would assist a country in acquiring the capability to develop,
produce, stockpile, deliver, or use weapons of mass destruction or
their means of delivery. The Secretary of State shall pursue early
negotiations with foreign governments to adopt effective measures
comparable to those imposed under this order.
Sec. 3. Department of Commerce Controls. (a) The Secretary of
Commerce shall prohibit the export of any goods, technology, or
services subject to the Secretary's export jurisdiction that the
Secretary of Commerce determines, in consultation with the
Secretary of State, the Secretary of Defense, and other appropriate
officials, would assist a foreign country in acquiring the
capability to develop, produce, stockpile, deliver, or use weapons
of mass destruction or their means of delivery. The Secretary of
State shall pursue early negotiations with foreign governments to
adopt effective measures comparable to those imposed under this
section.
(b) Subsection (a) of this section will not apply to exports
relating to a particular category of weapons of mass destruction
(i.e., nuclear, chemical, or biological weapons) if their
destination is a country with whose government the United States
has entered into a bilateral or multilateral arrangement for the
control of that category of weapons of mass destruction-related
goods (including delivery systems) and technology, or maintains
domestic export controls comparable to controls that are imposed by
the United States with respect to that category of goods and
technology, or that are otherwise deemed adequate by the Secretary
of State.
(c) The Secretary of Commerce shall require validated licenses to
implement this order and shall coordinate any license applications
with the Secretary of State and the Secretary of Defense.
(d) The Secretary of Commerce, in consultation with the Secretary
of State, shall take such actions, including the promulgation of
rules, regulations, and amendments thereto, as may be necessary to
continue to regulate the activities of United States persons in
order to prevent their participation in activities that could
contribute to the proliferation of weapons of mass destruction or
their means of delivery, as provided in the Export Administration
Regulations, set forth in Title 15, Chapter VII, Subchapter C, of
the Code of Federal Regulations, Parts 768 to 799 inclusive.
(e) the Secretary of Commerce shall impose and enforce such
restrictions on the importation of chemicals into the United States
as may be necessary to carry out the requirements of the Convention
on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction.
Sec. 4. Measures Against Foreign Persons.
(a) Determination by Secretary of State; Imposition of Measures.
Except to the extent provided in section 203(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)),
where applicable, if the Secretary of State determines that a
foreign person, on or after November 16, 1990, the effective date
of Executive Order 12735, the predecessor order to Executive Order
12938, has materially contributed or attempted to contribute
materially to the efforts of any foreign country, project, or
entity of proliferation concern to use, acquire, design, develop,
produce, or stockpile weapons of mass destruction or missiles
capable of delivering such weapons, the measures set forth in
subsections (b), (c), and (d) of this section shall be imposed on
that foreign person to the extent determined by the Secretary of
State in consultation with the implementing agency and other
relevant agencies. Nothing in this section is intended to preclude
the imposition on that foreign person of other measures or
sanctions available under this order or under other authorities.
(b) Procurement Ban. No department or agency of the United States
Government may procure, or enter into any contract for the
procurement of, any goods, technology, or services from any foreign
person described in subsection (a) of this section.
(c) Assistance Ban. No department or agency of the United States
Government may provide any assistance to any foreign person
described in subsection (a) of this section, and no such foreign
person shall be eligible to participate in any assistance program
of the United States Government.
(d) Import Ban. The Secretary of the Treasury shall prohibit the
importation into the United States of goods, technology, or
services produced or provided by any foreign person described in
subsection (a) of this section, other than information or
informational materials within the meaning of section 203(b)(3) of
the International Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)).
(e) Termination. Measures pursuant to this section may be
terminated against a foreign person if the Secretary of State
determines that there is reliable evidence that such foreign person
has ceased all activities referred to in subsection (a) of this
section.
(f) Exceptions. Departments and agencies of the United States
Government, acting in consultation with the Secretary of State,
may, by license, regulation, order, directive, exception, or
otherwise, provide for:
(i) Procurement contracts necessary to meet U.S. operational
military requirements or requirements under defense production
agreements; intelligence requirements; sole source suppliers,
spare parts, components, routine servicing and maintenance of
products for the United States Government; and medical and
humanitarian items; and
(ii) Performance pursuant to contracts in force on the
effective date of this order under appropriate circumstances.
Sec. 5. Sanctions Against Foreign Countries. (a) In addition to
the sanctions imposed on foreign countries as provided in the
Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991 (22 U.S.C. 5601 et seq.), sanctions also shall be imposed
on a foreign country as specified in subsection (b) of this
section, if the Secretary of State determines that the foreign
country has, on or after the effective date of this order or its
predecessor, Executive Order No. 12735 of November 16, 1990, (1)
used chemical or biological weapons in violation of international
law; (2) made substantial preparations to use chemical or
biological weapons in violation of international law; or (3)
developed, produced, stockpiled, or otherwise acquired chemical or
biological weapons in violation of international law.
(b) The following sanctions shall be imposed on any foreign
country identified in subsection (a)(1) of this section unless the
Secretary of State determines, on grounds of significant foreign
policy or national security, that any individual sanction should
not be applied. The sanctions specified in this section may be
made applicable to the countries identified in subsections (a)(2)
or (a)(3) when the Secretary of State determines that such action
will further the objectives of this order pertaining to
proliferation. The sanctions specified in subsection (b)(2) below
shall be imposed with the concurrence of the Secretary of the
Treasury.
(1) Foreign Assistance. No assistance shall be provided to that
country under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), or any successor act, or the Arms Export Control Act (22
U.S.C. 2751 et seq.), other than assistance that is intended to
benefit the people of that country directly and that is not
channeled through governmental agencies or entities of that
country.
(2) Multilateral Development Bank Assistance. The United States
shall oppose any loan or financial or technical assistance to that
country by international financial institutions in accordance with
section 701 of the International Financial Institutions Act (22
U.S.C. 262d).
(3) Denial of Credit or Other Financial Assistance. The United
States shall deny to that country any credit or financial
assistance by any department, agency, or instrumentality of the
United States Government.
(4) Prohibition of Arms Sales. The United States Government shall
not, under the Arms Export Control Act, sell to that country any
defense articles or defense services or issue any license for the
export of items on the United States Munitions List.
(5) Exports of National Security-Sensitive Goods and Technology.
No exports shall be permitted of any goods or technologies
controlled for national security reasons under the Export
Administration Regulations.
(6) Further Export Restrictions. The Secretary of Commerce shall
prohibit or otherwise substantially restrict exports to that
country of goods, technology, and services (excluding agricultural
commodities and products otherwise subject to control).
(7) Import Restrictions. Restrictions shall be imposed on the
importation into the United States of articles (that may include
petroleum or any petroleum product) that are the growth, product,
or manufacture of that country.
(8) Landing Rights. At the earliest practicable date, the
Secretary of State shall terminate, in a manner consistent with
international law, the authority of any air carrier that is
controlled in fact by the government of that country to engage in
air transportation (as defined in section 101(10) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1301(10) (see 49 U.S.C.
40102(5))).
Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or
5 of this order shall remain in force until the Secretary of State
determines that lifting any sanction is in the foreign policy or
national security interests of the United States or, as to
sanctions under section 4 of this order, until the Secretary has
made the determination under section 4(e).
Sec. 7. Implementation. The Secretary of State, the Secretary of
the Treasury, and the Secretary of Commerce are hereby authorized
and directed to take such actions, including the promulgation of
rules and regulations, as may be necessary to carry out the
purposes of this order. These actions, and in particular those in
sections 4 and 5 of this order, shall be made in consultation with
the Secretary of Defense and, as appropriate, other agency heads
and shall be implemented in accordance with procedures established
pursuant to Executive Order No. 12851 (22 U.S.C. 2797 note). The
Secretary concerned may redelegate any of these functions to other
officers in agencies of the Federal Government. All heads of
departments and agencies of the United States Government are
directed to take all appropriate measures within their authority to
carry out the provisions of this order, including the suspension or
termination of licenses or other authorizations.
Sec. 8. 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 the authority of the International Economic
Emergency Powers Act (International Emergency Economic Powers Act,
50 U.S.C. 1701 et seq.), the Export Administration Act (50 App.
U.S.C. 2401 et seq.), the Arms Export Control Act (22 U.S.C. 2751
et seq.), the Nuclear Non-proliferation Act (22 U.S.C. 3201 et
seq.), Executive Order No. 12730 of September 30, 1990 (50 U.S.C.
1701 note), Executive Order No. 12735 of November 16, 1990,
Executive Order No. 12924 of August 18, 1994 (50 U.S.C. 1701 note),
and Executive Order No. 12930 of September 29, 1994.
Sec. 9. Judicial Review. This order is not intended to create,
nor does it create, any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, or any other person.
Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930.
Executive Order No. 12735 of November 16, 1990, and Executive Order
No. 12930 of September 29, 1994, are hereby revoked.
Sec. 11. Effective Date. This order is effective immediately.
This order shall be transmitted to the Congress and published in
the Federal Register. William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12938
Notice of President of the United States, dated Nov. 10, 1999, 64
F.R. 61767, provided:
On November 14, 1994, by Executive Order 12938 (set out above), I
declared a national emergency with respect to the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States posed by the proliferation of nuclear,
biological, and chemical weapons (''weapons of mass destruction'')
and the means of delivering such weapons. Because the
proliferation of weapons of mass destruction and the means of
delivering them continues to pose an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States, the national emergency first declared on November
14, 1994, and extended on November 14, 1995, November 12, 1996,
November 13, 1997, and November 12, 1998, must continue in effect
beyond November 14, 1999. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency declared in Executive Order
12938.
This notice shall be published in the Federal Register and
transmitted to the Congress. William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12938 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1998, 63
F.R. 63589.
Notice of President of the United States, dated Nov. 12, 1997, 62
F.R. 60993.
Notice of President of the United States, dated Nov. 12, 1996, 61
F.R. 58309.
Notice of President of the United States, dated Nov. 8, 1995, 60
F.R. 57137.
EX. ORD. NO. 12947. PROHIBITING TRANSACTIONS WITH TERRORISTS WHO
THREATEN TO DISRUPT MIDDLE EAST PEACE PROCESS
Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by
Ex. Ord. No. 13099, Sec. 1, 2, Aug. 20, 1998, 63 F.R. 45167,
provided:
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.), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that grave acts of violence committed by foreign terrorists
that disrupt the Middle East peace process constitute an unusual
and extraordinary threat to the national security, foreign policy,
and economy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. Except to the extent provided in section 203(b)(3) and
(4) of IEEPA (50 U.S.C. 1702(b)(3) and (4)) and in regulations,
orders, directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any license
or permit granted prior to the effective date: (a) all property and
interests in property of:
(i) the persons listed in the Annex to this order;
(ii) foreign persons designated by the Secretary of State, in
coordination with the Secretary of the Treasury and the Attorney
General, because they are found:
(A) to have committed, or to pose a significant risk of
committing, acts of violence that have the purpose or effect of
disrupting the Middle East peace process, or
(B) to assist in, sponsor, or provide financial, material, or
technological support for, or services in support of, such acts
of violence; and
(iii) persons determined by the Secretary of the Treasury, in
coordination with the Secretary of State and the Attorney
General, to be owned or controlled by, or to act for or on behalf
of, any of the foregoing persons, that are in the United States,
that hereafter come within the United States, or that hereafter
come within the possession or control of United States persons,
are blocked;
(b) any transaction or dealing by United States persons or within
the United States in property or interests in property of the
persons designated in or pursuant to this order is prohibited,
including the making or receiving of any contribution of funds,
goods, or services to or for the benefit of such persons;
(c) 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, is prohibited.
Sec. 2. For the purposes of this order: (a) the term ''person''
means an individual or entity;
(b) the term ''entity'' means a partnership, association,
corporation, or other organization, group, or subgroup;
(c) the term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) the term ''foreign person'' means any citizen or national of
a foreign state (including any such individual who is also a
citizen or national of the United States) or any entity not
organized solely under the laws of the United States or existing
solely in the United States, but does not include a foreign state.
Sec. 3. I hereby determine that the making of donations of the
type specified in section 203(b)(2)(A) of IEEPA (50 U.S.C.
1702(b)(2)(A)) by United States persons to persons designated in or
pursuant to this order would seriously impair my ability to deal
with the national emergency declared in this order, and hereby
prohibit such donations as provided by section 1 of this order.
Sec. 4. (a) The Secretary of the Treasury, in consultation with
the Secretary of State and, as appropriate, the Attorney General,
is hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers
granted to me by IEEPA 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 authority to carry out the provisions of this order.
(b) Any investigation emanating from a possible violation of this
order, or of any license, order, or regulation issued pursuant to
this order, shall first be coordinated with the Federal Bureau of
Investigation (FBI), and any matter involving evidence of a
criminal violation shall be referred to the FBI for further
investigation. The FBI shall timely notify the Department of the
Treasury of any action it takes on such referrals.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m., eastern
standard time on January 24, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
ANNEX
TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS
Abu Hafs al-Masri
Abu Nidal Organization (ANO)
Democratic Front for the Liberation of Palestine (DFLP)
Hizballah
Islamic Army (a.k.a. Al-Qaida, Islamic Salvation Foundation, The
Islamic Army for the Liberation of the Holy Places, The World
Islamic Front for Jihad Against Jews and Crusaders, and The Group
for the Preservation of the Holy Sites)
Islamic Gama'at (IG)
Islamic Resistance Movement (HAMAS)
Jihad
Kach
Kahane Chai
Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)
Popular Front for the Liberation of Palestine (PFLP)
Popular Front for the Liberation of Palestine-General Command
(PFLP-GC)
Rifa'i Ahmad Taha Musa
Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama bin Ladin)
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12947
Notice of President of the United States, dated Jan. 19, 2000, 65
F.R. 3581, provided:
On January 23, 1995, by Executive Order 12947 (set out above), I
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 grave acts of violence
committed by foreign terrorists that disrupt the Middle East peace
process. By Executive Order 12947 of January 23, 1995, I blocked
the assets in the United States, or in the control of United States
persons, of foreign terrorists who threaten to disrupt the Middle
East peace process. I also prohibited transactions or dealings by
United States persons in such property. On August 20, 1998, by
Executive Order 13099 (set out below), I identified four additional
persons, including Usama bin Ladin, who threaten to disrupt the
Middle East peace process. I have annually transmitted notices of
the continuation of this national emergency to the Congress and the
Federal Register. Last year's notice of continuation was published
in the Federal Register on January 22, 1999. Because terrorist
activities continue to threaten the Middle East peace process and
vital interests of the United States in the Middle East, the
national emergency declared on January 23, 1995, and the measures
that took effect on January 24, 1995, to deal with that emergency
must continue in effect beyond January 23, 2000. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing the national emergency with
respect to foreign terrorists who threaten to disrupt the Middle
East peace process.
This notice shall be published in the Federal Register and
transmitted to the Congress. William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12947 were contained in the following:
Notice of President of the United States, dated Jan. 20, 1999, 64
F.R. 3393.
Notice of President of the United States, dated Jan. 21, 1998, 63
F.R. 3445.
Notice of President of the United States, dated Jan. 21, 1997, 62
F.R. 3439.
Notice of President of the United States, dated Jan. 18, 1996, 61
F.R. 1695.
EX. ORD. NO. 12957. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO DEVELOPMENT OF IRANIAN PETROLEUM RESOURCES
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and
section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions and policies of the Government of Iran
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may
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: (a) the entry into or performance by
a United States person, or the approval by a United States person
of the entry into or performance by an entity owned or controlled
by a United States person, of (i) a contract that includes overall
supervision and management responsibility for the development of
petroleum resources located in Iran , or (ii) a guaranty of another
person's performance under such a contract;
(b) the entry into or performance by a United States person, or
the approval by a United States person of the entry into or
performance by an entity owned or controlled by a United States
person, of (i) a contract for the financing of the development of
petroleum resources located in Iran , or (ii) a guaranty of another
person's performance under such a contract; and
(c) 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.
Sec. 2. 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;
(c) The term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) The term '' Iran '' means the land territory claimed by Iran
and any other area over which Iran claims sovereignty, sovereign
rights or jurisdiction, including the territorial sea, exclusive
economic zone, and continental shelf claimed by Iran .
Sec. 3. 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 the International Emergency Economic
Powers Act 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 authority to
carry out the provisions of this order.
Sec. 4. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 5. (a) This order is effective at 12:01 a.m., eastern
standard time, on March 16, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
(Sections 1 and 2 of Ex. Ord. No. 12957 were revoked by Ex. Ord.
No. 12959, Sec. 5, May 6, 1995, 60 F.R. 24758, set out below, to
the extent inconsistent with Ex. Ord. No. 12959.)
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12957
Notice of President of the United States, dated Mar. 10, 1999, 64
F.R. 12239, provided:
On March 15, 1995, by Executive Order 12957 (set out above), I
declared a national emergency with respect to Iran pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706)
to deal with the threat to the national security, foreign policy,
and economy of the United States constituted by the actions and
policies of the Government of Iran , including its support for
international terrorism, efforts to undermine the Middle East peace
process, and acquisition of weapons of mass destruction and the
means to deliver them. On May 6, 1995, I issued Executive Order
12959 (set out below) imposing more comprehensive sanctions to
further respond to this threat, and on August 19, 1997, I issued
Executive Order 13059 (set out below) consolidating and clarifying
these previous orders. The last notice of continuation was
published in the Federal Register on March 6, 1998.
Because the actions and policies of the Government of Iran
continue to threaten the national security, foreign policy, and
economy of the United States, the national emergency declared on
March 15, 1995, must continue in effect beyond March 15, 1999.
Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency with respect to Iran . Because the emergency declared by
Executive Order 12957 constitutes an emergency separate from that
declared on November 14, 1979, by Executive Order 12170 (set out
above), this renewal is distinct from the emergency renewal of
November 1998. This notice shall be published in the Federal
Register and transmitted to the Congress. William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord.
No. 12957 were contained in the following:
Notice of President of the United States, dated Mar. 4, 1998, 63
F.R. 11099.
Notice of President of the United States, dated Mar. 5, 1997, 62
F.R. 10409.
Notice of President of the United States, dated Mar. 8, 1996, 61
F.R. 9897.
EX. ORD. NO. 12959. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO IRAN
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex.
Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533, provided:
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 505 of the International Security and Development
Cooperation Act of 1985 (22 U.S.C. 2349aa-9) (ISDCA), and section
301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
in order to take steps with respect to Iran in addition to those
set forth in Executive Order No. 12957 of March 15, 1995 (set out
above), to deal with the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
referred to in that order, hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may
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:
((a) to (d) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997,
62 F.R. 44533, set out below.)
(e) any new investment by a United States person in Iran or in
property (including entities) owned or controlled by the Government
of Iran ;
((f) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62
F.R. 44533, set out below.)
(g) 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.
Sec. 2. 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;
(c) the term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term '' Iran '' means the territory of Iran and any other
territory or marine area, including the exclusive economic zone and
continental shelf, over which the Government of Iran claims
sovereignty, sovereign rights or jurisdiction, provided that the
Government of Iran exercises partial or total de facto control over
the area or derives a benefit from economic activity in the area
pursuant to international arrangements; and
(e) the term ''new investment'' means (i) a commitment or
contribution of funds or other assets, or (ii) a loan or other
extension of credit.
Sec. 3. 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, the
requirement of reports, including reports by United States persons
on oil transactions engaged in by their foreign affiliates with
Iran or the Government of Iran , and to employ all powers granted to
the President by IEEPA and ISDCA (Pub. L. 99-83, see Short Title of
1985 Amendments note set out under section 2151 of Title 22,
Foreign Relations and Intercourse) 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 authority to carry out the provisions of this order.
Sec. 4. The Secretary of the Treasury may not authorize the
exportation or reexportation to Iran , the Government of Iran , or an
entity owned or controlled by the Government of Iran of any goods,
technology, or services subject to export license application
requirements of another agency of the United States Government, if
authorization of the exportation or reexportation by that agency
would be prohibited by law.
Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of October
29, 1987 (formerly set out above), and sections 1 and 2 of
Executive Order No. 12957 of March 15, 1995 (set out above), are
hereby revoked to the extent inconsistent with this order.
Otherwise, the provisions of this order supplement the provisions
of Executive Orders No. 12613 and 12957.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. The measures taken pursuant to this order are in response
to actions of the Government of Iran occurring after the conclusion
of the 1981 Algiers Accords, and are intended solely as a response
to those later actions.
Sec. 8. (a) This order is effective at 12:01 a.m., eastern
daylight time, on May 7, 1995, except that (i) section 1(b), (c),
and (d) of this order shall not apply until 12:01 a.m., eastern
daylight time, on June 6, 1995, to trade transactions under
contracts in force as of the date of this order if such
transactions are authorized pursuant to Federal regulations in
force immediately prior to the date of this order (''existing trade
contracts''), and (ii) letters of credit and other financing
agreements with respect to existing trade contracts may be
performed pursuant to their terms with respect to underlying trade
transactions occurring prior to 12:01 a.m., eastern daylight time,
on June 6, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
EX. ORD. NO. 12978. BLOCKING ASSETS AND PROHIBITING TRANSACTIONS
WITH SIGNIFICANT NARCOTICS TRAFFICKERS
Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, provided:
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.), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions of significant foreign narcotics traffickers
centered in Colombia, and the unparalleled violence, corruption,
and harm that they cause in the United States and abroad,
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
Section 1. 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 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:
(a) the foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of the Treasury,
in consultation with the Attorney General and the Secretary of
State:
(i) to play a significant role in international narcotics
trafficking centered in Colombia; or
(ii) materially to assist in, or provide financial or
technological support for or goods or services in support of, the
narcotics trafficking activities of persons designated in or
pursuant to this order; and
(c) persons determined by the Secretary of the Treasury, in
consultation with the Attorney General and the Secretary of State,
to be owned or controlled by, or to act for or on behalf of,
persons designated in or pursuant to this order.
Sec. 2. Further, except to the extent provided in section 203(b)
of IEEPA and in regulations, orders, directives, or licenses that
may 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 the following:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property of the
persons designated in or pursuant to this order;
(b) 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.
Sec. 3. For the purposes of this order:
(a) the term ''person'' means an individual or entity;
(b) the term ''entity'' means a partnership, association,
corporation, or other organization, group or subgroup;
(c) the term ''United States person'' means any United States
citizen or national, permanent resident alien, entity organized
under the laws of the United States (including foreign branches),
or any person in the United States;
(d) the term ''foreign person'' means any citizen or national of
a foreign state (including any such individual who is also a
citizen or national of the United States) or any entity not
organized solely under the laws of the United States or existing
solely in the United States, but does not include a foreign state;
and
(e) the term ''narcotics trafficking'' means any activity
undertaken illicitly to cultivate, produce, manufacture,
distribute, sell, finance or transport, or otherwise assist, abet,
conspire, or collude with others in illicit activities relating to,
narcotic drugs, including, but not limited to, cocaine.
Sec. 4. The Secretary of the Treasury, in consultation with the
Attorney General and 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 as may be necessary to carry out 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 authority to carry out this
order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. Eastern
Daylight Time on October 22, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
ANNEX
Gilberto Rodriguez Orejuela
Miguel Angel Rodriguez Orejuela
JoseAE1 Santacruz LondonAE6o
Helmer Herrera Buitrago
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12978
Notice of President of the United States, dated Oct. 19, 1999, 64
F.R. 56667, provided:
On October 21, 1995, by Executive Order 12978 (set out above), I
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 of
significant foreign narcotics traffickers centered in Colombia, and
the unparalleled violence, corruption, and harm that they cause in
the United States and abroad. The order blocks all property and
interests in property of foreign persons listed in an Annex to the
order (see note above), as well as foreign persons determined to
play a significant role in international narcotics trafficking
centered in Colombia, to materially assist in, or provide financial
or technological support for or goods or services in support of,
the narcotics trafficking activities of persons designated in or
pursuant to the order, or to be owned or controlled by, or to act
for or on behalf of, persons designated in or pursuant to the
order. The order also prohibits any transaction or dealing by
United States persons or within the United States in such property
or interests in property. Because the activities of significant
narcotics traffickers centered in Colombia continue to threaten the
national security, foreign policy, and economy of the United States
and to cause unparalleled violence, corruption, and harm in the
United States and abroad, the national emergency declared on
October 21, 1995, and the measures adopted pursuant thereto to
respond to that emergency, must continue in effect beyond October
21, 1999. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the
national emergency for 1 year with respect to significant narcotics
traffickers centered in Colombia.
This notice shall be published in the Federal Register and
transmitted to the Congress. William J. Clinton.
Prior continuation of national emergency declared by Ex. Ord. No.
12978 was contained in the following:
Notice of President of the United States, dated Oct. 19, 1998, 63
F.R. 56079.
Notice of President of the United States, dated Oct. 17, 1997, 62
F.R. 54561.
Notice of President of the United States, dated Oct. 16, 1996, 61
F.R. 54531.
EX. ORD. NO. 13047. PROHIBITING NEW INVESTMENT IN BURMA
Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 570
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208) (the ''Act'') (110
Stat. 3009-166), 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.), and section 301 of title 3 of the United
States Code;
I, WILLIAM J. CLINTON, President of the United States of America,
hereby determine and certify that, for purposes of section 570(b)
of the Act, the Government of Burma has committed large-scale
repression of the democratic opposition in Burma after September
30, 1996, and further determine that the actions and policies of
the Government of Burma constitute an unusual and extraordinary
threat to the national security and foreign policy of the United
States and declare a national emergency to deal with that threat.
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses that may be issued in conformity with
section 570 of the Act and pursuant to this order, I hereby
prohibit new investment in Burma by United States persons.
Sec. 2. The following are also prohibited, except to the extent
provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order:
(a) any approval or other facilitation by a United States person,
wherever located, of a transaction by a foreign person where the
transaction would constitute new investment in Burma prohibited by
this order if engaged in by a United States person or within the
United States; and
(b) any transaction by a 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.
Sec. 3. Nothing in this order shall be construed to prohibit the
entry into, performance of, or financing of a contract to sell or
purchase goods, services, or technology, except:
(a) where the entry into such contract on or after the effective
date of this order is for the general supervision and guarantee of
another person's performance of a contract for the economic
development of resources located in Burma; or
(b) where such contract provides for payment, in whole or in
part, in:
(i) shares of ownership, including an equity interest, in the
economic development of resources located in Burma; or
(ii) participation in royalties, earnings, or profits in the
economic development of resources located in Burma.
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;
(c) the term ''United States person'' means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States;
(d) the term ''new investment'' means any of the following
activities, if such an activity is undertaken pursuant to an
agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Burma or a
nongovernmental entity in Burma on or after the effective date of
this order:
(i) the entry into a contract that includes the economic
development of resources located in Burma;
(ii) the entry into a contract providing for the general
supervision and guarantee of another person's performance of a
contract that includes the economic development of resources
located in Burma;
(iii) the purchase of a share of ownership, including an equity
interest, in the economic development of resources located in
Burma; or
(iv) the entry into a contract providing for the participation in
royalties, earnings, or profits in the economic development of
resources located in Burma, without regard to the form of the
participation;
(e) the term ''resources located in Burma'' means any resources,
including natural, agricultural, commercial, financial, industrial,
and human resources, located within the territory of Burma,
including the territorial sea, or located within the exclusive
economic zone or continental shelf of Burma;
(f) the term ''economic development of resources located in
Burma'' shall not be construed to include not-for-profit
educational, health, or other humanitarian programs or activities.
Sec. 5. I hereby delegate to the Secretary of State the functions
vested in me under section 570(c) and (d) of the Act, to be
exercised in consultation with the heads of other agencies of the
United States Government as appropriate.
Sec. 6. 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 section 570(b) of the Act and by IEEPA,
as may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate the authority set forth in
this order 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.
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 8. (a) This order shall take effect at 12:01 a.m., eastern
daylight time, May 21, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13047
Notice of President of the United States, dated May 18, 1999, 64
F.R. 27443, provided:
On May 20, 1997, I issued Executive Order 13047 (set out above),
effective at 12:01 a.m., eastern daylight time on May 21, 1997,
certifying to the Congress under section 570(b) of the Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1997 (Public Law 104-208 (110 Stat. 3009-166)), that the
Government of Burma has committed large-scale repression of the
democratic opposition in Burma after September 30, 1996, thereby
invoking the prohibition on new investment in Burma by United
States persons, contained in that section. I also declared a
national emergency to deal with the threat posed to the national
security and foreign policy of the United States by the actions and
policies of the Government of Burma, invoking the authority, inter
alia, of the International Emergency Economic Powers Act (50 U.S.C.
1701-1706).
The national emergency declared on May 20, 1997, must continue
beyond May 20, 1999, because the Government of Burma continues its
policies of committing large-scale repression of the democratic
opposition in Burma. Therefore, in accordance with section 202(d)
of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency with respect to Burma. This
notice shall be published in the Federal Register and transmitted
to the Congress. William J. Clinton.
Prior continuation of national emergency declared by Ex. Ord. No.
13047 was contained in the following:
Notice of President of the United States, dated May 18, 1998, 63
F.R. 27661.
EX. ORD. NO. 13059. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO IRAN
Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531, provided:
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 505 of the International Security and Development
Cooperation Act of 1985 (22 U.S.C. 2349aa-9) (''ISDCA''), and
section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
in order to clarify the steps taken in Executive Orders 12957 of
March 15, 1995, and 12959 of May 6, 1995 (set out above), to deal
with the unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States declared in
Executive Order 12957 in response to the actions and policies of
the Government of Iran , hereby order:
Section 1. Except to the extent provided in section 3 of this
order or in regulations, orders, directives, or licenses 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, the importation into the United States of any goods
or services of Iranian origin or owned or controlled by the
Government of Iran , other than information or informational
materials within the meaning of section 203(b)(3) of IEEPA (50
U.S.C. 1702(b)(3)), is hereby prohibited.
Sec. 2. Except to the extent provided in section 3 of this order,
in section 203(b) of IEEPA (50 U.S.C. 1702(b)), or in regulations,
orders, directives, or licenses 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, the following
are prohibited:
(a) the exportation, reexportation, sale, or supply, directly or
indirectly, from the United States, or by a United States person,
wherever located, of any goods, technology, or services to Iran or
the Government of Iran , including the exportation, reexportation,
sale, or supply of any goods, technology, or services to a person
in a third country undertaken with knowledge or reason to know
that:
(i) such goods, technology, or services are intended specifically
for supply, transshipment, or reexportation, directly or
indirectly, to Iran or the Government of Iran ; or
(ii) such goods, technology, or services are intended
specifically for use in the production of, for commingling with, or
for incorporation into goods, technology, or services to be
directly or indirectly supplied, transshipped, or reexported
exclusively or predominantly to Iran or the Government of Iran ;
(b) the reexportation from a third country, directly or
indirectly, by a person other than a United States person of any
goods, technology, or services that have been exported from the
United States, if:
(i) undertaken with knowledge or reason to know that the
reexportation is intended specifically for Iran or the Government
of Iran , and
(ii) the exportation of such goods, technology, or services to
Iran from the United States was subject to export license
application requirements under any United States regulations in
effect on May 6, 1995, or thereafter is made subject to such
requirements imposed independently of the actions taken pursuant to
the national emergency declared in Executive Order 12957; provided,
however, that this prohibition shall not apply to those goods or
that technology subject to export license application requirements
if such goods or technology have been:
(A) substantially transformed into a foreign-made product outside
the United States; or
(B) incorporated into a foreign-made product outside the United
States if the aggregate value of such controlled United States
goods and technology constitutes less than 10 percent of the total
value of the foreign-made product to be exported from a third
country;
(c) any new investment by a United States person in Iran or in
property, including entities, owned or controlled by the Government
of Iran ;
(d) any transaction or dealing by a United States person,
wherever located, including purchasing, selling, transporting,
swapping, brokering, approving, financing, facilitating, or
guaranteeing, in or related to:
(i) goods or services of Iranian origin or owned or controlled by
the Government of Iran ; or
(ii) goods, technology, or services for exportation,
reexportation, sale, or supply, directly or indirectly, to Iran or
the Government of Iran ;
(e) any approval, financing, facilitation, or guarantee by a
United States person, wherever located, of a transaction by a
foreign person where the transaction by that foreign person would
be prohibited by this order if performed by a United States person
or within the United States; and
(f) any transaction by a 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.
Sec. 3. Specific licenses issued pursuant to Executive Orders
12613 (of October 29, 1987) (formerly set out above), 12957, or
12959 continue in effect in accordance with their terms except to
the extent revoked, amended, or modified by the Secretary of the
Treasury. General licenses, regulations, orders, and directives
issued pursuant to those orders continue in effect in accordance
with their terms except to the extent inconsistent with this order
or to the extent revoked, amended, or modified by the Secretary of
the Treasury.
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;
(c) the term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term '' Iran '' means the territory of Iran and any other
territory or marine area, including the exclusive economic zone and
continental shelf, over which the Government of Iran claims
sovereignty, sovereign rights, or jurisdiction, provided that the
Government of Iran exercises partial or total de facto control over
the area or derives a benefit from economic activity in the area
pursuant to international arrangements;
(e) the term ''Government of Iran '' includes the Government of
Iran , any political subdivision, agency, or instrumentality
thereof, and any person owned or controlled by, or acting for or on
behalf of, the Government of Iran ;
(f) the term ''new investment'' means:
(i) a commitment or contribution of funds or other assets; or
(ii) a loan or other extension of credit, made after the
effective date of Executive Order 12957 (Mar. 16, 1995) as to
transactions prohibited by that order, or otherwise made after the
effective date of Executive Order 12959 (see Ex. Ord. No. 12959,
Sec. 8(a), set out above).
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the promulgation of
rules and regulations, the requirement of reports, including
reports by United States persons on oil and related transactions
engaged in by their foreign affiliates with Iran or the Government
of Iran , and to employ all powers granted to me by IEEPA and the
ISDCA 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 authority to carry out
the provisions of this order.
Sec. 6. (a) The Secretary of the Treasury may authorize the
exportation or reexportation to Iran or the Government of Iran of
any goods, technology, or services also subject to export license
application requirements of another agency of the United States
Government only if authorization by that agency of the exportation
or reexportation to Iran would be permitted by law.
(b) Nothing contained in this order shall be construed to
supersede the requirements established under any other provision of
law or to relieve a person from any requirement to obtain a license
or other authorization from another department or agency of the
United States Government in compliance with applicable laws and
regulations subject to the jurisdiction of that department or
agency.
Sec. 7. The provisions of this order consolidate the provisions
of Executive Orders 12613, 12957, and 12959. Executive Order 12613
and subsections (a), (b), (c), (d), and (f) of section 1 of
Executive Order 12959 are hereby revoked with respect to
transactions occurring after the effective date of this order. The
revocation of those provisions shall not alter their applicability
to any transaction or violation occurring before the effective date
of this order, nor shall it affect the applicability of any rule,
regulation, order, license, or other form of administrative action
previously taken pursuant to Executive Orders 12613 or 12959.
Sec. 8. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 9. The measures taken pursuant to this order are in response
to actions of the Government of Iran occurring after the conclusion
of the 1981 Algiers Accords, and are intended solely as a response
to those later actions.
Sec. 10. (a) This order is effective at 12:01 a.m. eastern
daylight time on August 20, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
EX. ORD. NO. 13067. BLOCKING SUDANESE GOVERNMENT PROPERTY AND
PROHIBITING TRANSACTIONS WITH SUDAN
Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, provided:
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.), and section 301 of title 3, United States Code;
I, WILLIAM J. CLINTON, President of the United States of America,
find that the policies and actions of the Government of Sudan,
including continued support for international terrorism; ongoing
efforts to destabilize neighboring governments; and the prevalence
of human rights violations, including slavery and the denial of
religious freedom, constitute an unusual and extraordinary threat
to the national security and foreign policy of the United States,
and hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. 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 be issued pursuant to this order, all property
and interests in property of the Government of Sudan that are in
the United States, that hereafter come within the United States, or
that hereafter come within the possession or control of United
States persons, including their overseas branches, are blocked.
Sec. 2. The following are prohibited, 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 be issued
pursuant to this order:
(a) the importation into the United States of any goods or
services of Sudanese origin, other than information or
informational materials;
(b) the exportation or reexportation, directly or indirectly, to
Sudan of any goods, technology (including technical data, software,
or other information), or services from the United States or by a
United States person, wherever located, or requiring the issuance
of a license by a Federal agency, except for donations of articles
intended to relieve human suffering, such as food, clothing, and
medicine;
(c) the facilitation by a United States person, including but not
limited to brokering activities, of the exportation or
reexportation of goods, technology, or services from Sudan to any
destination, or to Sudan from any location;
(d) the performance by any United States person of any contract,
including a financing contract, in support of an industrial,
commercial, public utility, or governmental project in Sudan;
(e) the grant or extension of credits or loans by any United
States person to the Government of Sudan;
(f) any transaction by a United States person relating to
transportation of cargo to or from Sudan; the provision of
transportation of cargo to or from the United States by any
Sudanese person or any vessel or aircraft of Sudanese registration;
or the sale in the United States by any person holding authority
under subtitle 7 of title 49, United States Code, of any
transportation of cargo by air that includes any stop in Sudan; and
(g) 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.
Sec. 3. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official business of the
Federal Government or the United Nations by employees thereof; or
(b) transactions in Sudan for journalistic activity by persons
regularly employed in such capacity by a news-gathering
organization.
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;
(c) the term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) the term ''Government of Sudan'' includes the Government of
Sudan, its agencies, instrumentalities and controlled entities, and
the Central Bank of Sudan.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the promulgation of
rules and regulations, and to employ all powers granted to me by
IEEPA, 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 authority to
carry out the provisions of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order shall take effect at 12:01 a.m. eastern
standard time on November 4, 1997, except that trade transactions
under contracts in force as of the effective date of this order may
be performed pursuant to their terms through 12:01 a.m. eastern
standard time on December 4, 1997, and letters of credit and other
financing agreements for such underlying trade transactions may be
performed pursuant to their terms.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13067
Notice of President of the United States, dated Oct. 29, 1999, 64
F.R. 59105, provided:
On November 3, 1997, by Executive Order 13067 (set out above), I
declared a national emergency to deal with the unusual and
extraordinary threat to the national security and foreign policy of
the United States constituted by the actions and policies of the
Government of Sudan. By Executive Order 13067, I imposed trade
sanctions on Sudan and blocked Sudanese government assets. Because
the Government of Sudan has continued its activities hostile to
United States interests, the national emergency declared on
November 3, 1997, and the measures adopted on that date to deal
with that emergency must continue in effect beyond November 3,
1999. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency for 1 year with respect to Sudan.
This notice shall be published in the Federal Register and
transmitted to the Congress. William J. Clinton.
Prior continuation of national emergency declared by Ex. Ord. No.
13067 was contained in the following:
Notice of President of the United States, dated Oct. 27, 1998, 63
F.R. 58617.
EX. ORD. NO. 13069. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO UNITA
Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, provided:
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 1945,
as amended (22 U.S.C. 287c)(UNPA), and section 301 of title 3,
United States Code, in view of United Nations Security Council
Resolution 1127 of August 28, 1997, and 1130 of September 29, 1997,
and in order to take additional steps with respect to the actions
and policies of the National Union for the Total Independence of
Angola (UNITA) and the national emergency declared in Executive
Order 12865 (set out above), I, WILLIAM J. CLINTON, President of
the United States of America, hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, all UNITA offices located in the
United States shall be immediately and completely closed.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, the following are prohibited:
(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 point of
entry specified pursuant to section 4 of this order;
(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 one specified pursuant to section 4 of this order;
(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 existing 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
pursuant to section 4 of this order; or
(ii) any aircraft that entered the territory of Angola other than
through a point of entry specified pursuant to section 4 of this
order;
(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.
Sec. 3. 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;
(c) the term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term ''UNITA'' includes:
(i) the Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the ''National Union for the Total
Independence of Angola;''
(ii) the Forcas Armadas para a Liberacao de Angola (FALA), known
in English as the ''Armed Forces for the Liberation of Angola;''
and
(iii) any person acting or purporting to act for or on behalf of
any of the foregoing, including the Center for Democracy in Angola
(CEDA).
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the specification of
places, points of entry, and aircraft registered in Angola for
purposes of section 2(a), (c), and (d) of this order, the
authorization in appropriate cases of medical emergency flights or
flights of aircraft carrying food, medicine, or supplies for
essential humanitarian needs, and the promulgation of rules and
regulations, and to employ all powers granted to the President by
IEEPA and UNPA (22 U.S.C. 287 et seq.) 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 authority to carry out the provisions of this order,
including suspension or termination of licenses or other
authorizations in effect as of the effective date of this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
standard time on December 15, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
EX. ORD. NO. 13088. BLOCKING PROPERTY OF THE GOVERNMENTS OF THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO), THE
REPUBLIC OF SERBIA, AND THE REPUBLIC OF MONTENEGRO, AND PROHIBITING
NEW INVESTMENT IN THE REPUBLIC OF SERBIA IN RESPONSE TO THE
SITUATION IN KOSOVO
Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by
Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1,
1999, provided:
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 (IEEPA) (50 U.S.C. 1701
et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions and policies of the Governments of the
Federal Republic of Yugoslavia (Serbia and Montenegro) and the
Republic of Serbia with respect to Kosovo, by promoting ethnic
conflict and human suffering, threaten to destabilize countries of
the region and to disrupt progress in Bosnia and Herzegovina in
implementing the Dayton peace agreement, and therefore constitute
an unusual and extraordinary threat to the national security and
foreign policy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. (a) 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,
all property and interests in property of the Governments of the
Federal Republic of Yugoslavia (Serbia and Montenegro), the
Republic of Serbia, and the Republic of Montenegro 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, including their overseas branches, are
hereby blocked.
(b) The blocking of property and property interests in paragraph
(a) of this section includes the prohibition of financial
transactions with, including trade financing for, the Governments
of the Federal Republic of Yugoslavia (Serbia and Montenegro), the
Republic of Serbia, and the Republic of Montenegro by United States
persons.
Sec. 2. 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 of this order, the following
are prohibited:
(a) the exportation, reexportation, sale, or supply, directly or
indirectly, from the United States, or by a United States person,
wherever located, to the Federal Republic of Yugoslavia (Serbia and
Montenegro) or the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro), the Government of the Republic of Serbia,
or the Government of the Republic of Montenegro, of any goods
(including petroleum and petroleum products), software, technology
(including technical data), or services;
(b) the importation into the United States, directly or
indirectly, of any goods, software, technology (including technical
data), or services from the Federal Republic of Yugoslavia (Serbia
and Montenegro) or owned or controlled by the Government of the
Federal Republic of Yugoslavia (Serbia and Montenegro), the
Government of the Republic of Serbia, or the Government of the
Republic of Montenegro; and
(c) any transaction or dealing by a United States person,
wherever located, in goods, software, technology (including
technical data), or services, regardless of country of origin, for
exportation, reexportation, sale, or supply to, or exportation from
or by, the Federal Republic of Yugoslavia (Serbia and Montenegro)
or the Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro), the Government of the Republic of Serbia, or the
Government of the Republic of Montenegro. This prohibition
includes, without limitation, purchase, sale, transport, swap, or
brokerage transactions in such items, and approving, financing,
insuring, facilitating, or guaranteeing any such transactions.
Sec. 3. Except as otherwise provided in regulations, orders,
directives, or licenses that may hereafter be issued pursuant to
this order, all new investment by United States persons in the
territory of the Republic of Serbia, and the approval or other
facilitation by United States persons of other persons' new
investment in the territory of the Republic of Serbia, are
prohibited.
Sec. 4. 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.
Sec. 5. 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;
(c) The term ''new investment'' means (i) the acquisition of debt
or equity interests in, (ii) a commitment or contribution of funds
or other assets to, or (iii) a loan or other extension of credit
to, a public or private undertaking, entity, or project, including
the Government of the Republic of Serbia, other than donations of
funds for purely humanitarian purposes to charitable organizations;
(d) The term ''United States person'' means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States;
(e) The term ''Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro)'' means the government of the Federal
Republic of Yugoslavia (Serbia and Montenegro), its agencies,
instrumentalities, and controlled entities, including all financial
institutions and state-owned and socially owned entities organized
or located in the Federal Republic of Yugoslavia (Serbia and
Montenegro) as of June 9, 1998, any successors to such entities,
and their respective subsidiaries and branches, wherever located,
and any persons acting or purporting to act for or on behalf of any
of the foregoing;
(f) The term ''Government of the Republic of Serbia'' means the
government of the Republic of Serbia, including any subdivisions
thereof or local governments therein, its agencies,
instrumentalities, and controlled entities, including all financial
institutions and state-owned and socially owned entities organized
or located in the Republic of Serbia as of June 9, 1998, any
successors to such entities, and their respective subsidiaries and
branches, wherever located, and any persons acting or purporting to
act for or on behalf of any of the foregoing;
(g) The term ''Government of the Republic of Montenegro'' means
the government of the Republic of Montenegro, including any
subdivisions thereof or local governments therein, its agencies,
instrumentalities, and controlled entities, including all financial
institutions and state-owned and socially owned entities organized
or located in the Republic of Montenegro as of June 9, 1998, any
successors to such entities, and their respective subsidiaries and
branches, wherever located, and any persons acting or purporting to
act for or on behalf of any of the foregoing.
Sec. 6. 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 the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), 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 which are hereby
directed to take all appropriate measures within their authority to
carry out the provisions of this order, including suspension or
termination of licenses or other authorizations in effect as of the
effective date of this order.
Sec. 7. (a) The Secretary of the Treasury, in consultation with
the Secretary of State, shall give special consideration to the
circumstances of the Government of the Republic of Montenegro and
persons located in and organized under the laws of the Republic of
Montenegro in the implementation of this order.
(b) The Secretary of the Treasury, in consultation with the
Secretary of State, shall give special consideration to the
humanitarian needs of refugees from Kosovo and other civilians
within the Federal Republic of Yugoslavia (Serbia and Montenegro)
in the implementation of this order.
(c) The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby directed to authorize commercial
sales of agricultural commodities and products, medicine, and
medical equipment for civilian end use in the territory of the
Federal Republic of Yugoslavia (Serbia and Montenegro) under
appropriate safeguards to prevent diversion to military,
paramilitary, or political use by the Government of the Federal
Republic of Yugoslavia (Serbia and Montenegro), the Government of
the Republic of Serbia, or the Government of the Republic of
Montenegro.
Sec. 8. Nothing contained in this order shall confer any
substantive or procedural right or privilege on any person or
organization, enforceable against the United States, its agencies
or its officers.
Sec. 9. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 10, 1998.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13088
Continuation of national emergency declared by Ex. Ord. No. 13088
was contained in the following Presidential document, set about
above:
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205.
EX. ORD. NO. 13098. BLOCKING PROPERTY OF UNITA AND PROHIBITING
CERTAIN TRANSACTIONS WITH RESPECT TO UNITA
Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, provided:
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 1945,
as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,
United States Code, in view of United Nations Security Council
Resolutions 1173 of June 12, 1998, and 1176 of June 24, 1998, and
in order to take additional steps with respect to the actions and
policies of the National Union for the Total Independence of Angola
(UNITA) and the national emergency declared in Executive Order
12865 (set out above), I, WILLIAM J. CLINTON, President of the
United States of America, hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, 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 section 5 of
this order, are hereby blocked.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted prior to the
effective date of this order, the following are prohibited:
(a) the direct or indirect importation into the United States of
all diamonds exported from Angola on or after the effective date of
this order that are not controlled through the Certificate of
Origin regime of the Angolan Government of Unity and National
Reconciliation;
(b) the sale or supply by United States persons or from the
United States or using U.S.-registered vessels or aircraft, of
equipment used in mining, regardless of origin, to the territory of
Angola other than through a point of entry designated pursuant to
section 5 of this order;
(c) the sale or supply by United States persons or from the
United States or using U.S.-registered vessels or aircraft, of
motorized vehicles, watercraft, or spare parts for the foregoing,
regardless of origin, to the territory of Angola other than through
a point of entry designated pursuant to section 5 of this order;
and
(d) the sale or supply by United States persons or from the
United States or using U.S.-registered vessels or aircraft, of
mining services or ground or waterborne transportation services,
regardless of origin, to persons in areas of Angola to which State
administration has not been extended, as designated pursuant to
section 5 of this order.
Sec. 3. Any transaction by a 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 is prohibited.
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;
(c) the term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States;
(d) the term ''UNITA'' includes:
(i) the Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the ''National Union for the Total
Independence of Angola;''
(ii) the Forcas Armadas para a Liberacao de Angola (FALA), known
in English as the ''Armed Forces for the Liberation of Angola;''
and
(iii) any person acting or purporting to act for or on behalf of
any of the foregoing, including the Center for Democracy in Angola
(CEDA);
(e) the term ''controlled through the Certificate of Origin
regime of the Angolan Government of Unity and National
Reconciliation'' means accompanied by any documentation that
demonstrates to the satisfaction of the United States Customs
Service that the diamonds were legally exported from Angola with
the approval of the Angolan Government of Unity and National
Reconciliation.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including designating senior officials of UNITA and adult members
of their immediate families for purposes of section 1 of this
order, designating points of entry in Angola and areas of Angola to
which State administration has not been extended for purposes of
section 2 of this order, establishing exemptions from the
prohibitions set forth in this order for medical and humanitarian
purposes, and promulgating 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 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, including suspension or termination of
licenses or other authorizations in effect as of the effective date
of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order is effective at 12:01 a.m., eastern
daylight time on August 19, 1998.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
EX. ORD. NO. 13129. BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS
WITH TALIBAN
Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, provided:
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.), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions and policies of the Taliban in Afghanistan,
in allowing territory under its control in Afghanistan to be used
as a safe haven and base of operations for Usama bin Ladin and the
Al-Qaida organization who have committed and threaten to continue
to commit acts of violence against the United States and its
nationals, constitute an unusual and extraordinary threat to the
national security and foreign policy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. 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 be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date:
(a) all property and interests in property of the Taliban; and
(b) all property and interests in property of persons determined
by the Secretary of the Treasury, in consultation with the
Secretary of State and the Attorney General:
(i) to be owned or controlled by, or to act for or on behalf of,
the Taliban; or
(ii) to provide financial, material, or technological support
for, or services in support of, any of the foregoing, 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, are blocked.
Sec. 2. 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 be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property blocked
pursuant to this order is prohibited, including the making or
receiving of any contribution of funds, goods, or services to or
for the benefit of the Taliban or persons designated pursuant to
this order;
(b) the exportation, reexportation, sale, or supply, directly or
indirectly, from the United States, or by a United States person,
wherever located, of any goods, software, technology (including
technical data), or services to the territory of Afghanistan
controlled by the Taliban or to the Taliban or persons designated
pursuant to this order is prohibited;
(c) the importation into the United States of any goods,
software, technology, or services owned or controlled by the
Taliban or persons designated pursuant to this order or from the
territory of Afghanistan controlled by the Taliban is prohibited;
(d) 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 is prohibited; and
(e) any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby directed to authorize commercial
sales of agricultural commodities and products, medicine, and
medical equipment for civilian end use in the territory of
Afghanistan controlled by the Taliban under appropriate safeguards
to prevent diversion to military, paramilitary, or terrorist end
users or end use or to political end use.
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,
corporation, or other organization, group, or subgroup;
(c) the term ''the Taliban'' means the political/military entity
headquartered in Kandahar, Afghanistan that as of the date of this
order exercises de facto control over the territory of Afghanistan
described in paragraph (d) of this section, its agencies and
instrumentalities, and the Taliban leaders listed in the Annex to
this order or designated by the Secretary of State in consultation
with the Secretary of the Treasury and the Attorney General. The
Taliban is also known as the ''Taleban,'' ''Islamic Movement of
Taliban,'' ''the Taliban Islamic Movement,'' ''Talibano Islami
Tahrik,'' and ''Tahrike Islami'a Taliban''(;)
(d) the term ''territory of Afghanistan controlled by the
Taliban'' means the territory referred to as the ''Islamic Emirate
of Afghanistan,'' known in Pashtun as ''de Afghanistan Islami
Emarat'' or in Dari as ''Emarat Islami-e Afghanistan,'' including
the following provinces of the country of Afghanistan: Kandahar,
Farah, Helmund, Nimruz, Herat, Badghis, Ghowr, Oruzghon, Zabol,
Paktiha, Ghazni, Nangarhar, Lowgar, Vardan, Faryab, Jowlan, Balkh,
and Paktika. The Secretary of State, in consultation with the
Secretary of the Treasury, is hereby authorized to modify the
description of the term ''territory of Afghanistan controlled by
the Taliban''(;)
(e) the term ''United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State and the Attorney General, is hereby authorized
to take such actions, including the promulgation of rules and
regulations, and to employ all powers granted to me by IEEPA 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 authority to carry out
the provisions of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order is effective at 12:01 a.m. Eastern
Daylight Time on July 6, 1999.
(b) This order shall be transmitted to the Congress and published
in the Federal Register. William J. Clinton.
ANNEX
Mohammed Omar (Amir al-Mumineen (Commander of the Faithful));(.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1702 of this title; title
28 section 1610.