§1701. Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
(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.
(
Short Title
Section 201 of title II of
Separability
Section 208 of
Assistance Efforts in Sudan
"(a)
"(b)
Iran Nonproliferation
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iran Nonproliferation Act of 2000'.
"SEC. 2. REPORTS ON PROLIFERATION TO IRAN.
"(a)
"(1) goods, services, or technology listed on-
"(A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions);
"(B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;
"(C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;
"(D) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or
"(E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or
"(2) goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems.
"(b)
"(c)
"(1) was identified in a previous report submitted under subsection (a) on account of a particular transfer; or
"(2) has engaged in a transfer on behalf of, or in concert with, the Government of the United States,
is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or different in nature than previously reported under this section.
"(d)
"SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"(1) 90 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(b);
"(2) 90 days after the date required by section 2(b) for submitting the report, if the report identifying the foreign person is submitted within 60 days after that date; or
"(3) on the date that the report identifying the foreign person is submitted, if that report is submitted more than 60 days after the date required by section 2(b).
"(d)
"SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
"(a)
"(b)
"(c)
"SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.
"(a)
"(1) the person did not, on or after January 1, 1999, knowingly transfer to Iran the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a);
"(2) the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to Iran's efforts to develop nuclear, biological, or chemical weapons, or ballistic or cruise missile systems;
"(3) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or
"(4) the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, services, or technology which caused that person to be identified in a report submitted pursuant to section 2(a).
"(b)
"(1) in every appropriate case, to contact in a timely fashion each foreign person identified in each report submitted pursuant to section 2(a), or the government with primary jurisdiction over such person, in order to afford such person, or governments, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 2(a); and
"(2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 2(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted.
"(c)
"SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.
"(a)
"(b)
"(1) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons;
"(2) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to Iran of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and
"(3) neither the Russian Aviation and Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this subsection, made transfers to Iran reportable under section 2(a) of this Act (other than transfers with respect to which a determination pursuant to section 5 has been or will be made).
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) the extent to which the provisions of subsection (b) had been met as of the date of notification; and
"(B) the measures that the National Aeronautics and Space Administration is taking to ensure that-
"(i) the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and
"(ii) it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station.
"(g)
"(1) The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof for the construction, testing, preparation, delivery, launch, or maintenance of the Service Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the Interim Control Module and the Androgynous Peripheral Docking Adapter and related hardware for the United States propulsion module, if-
"(A) the President has notified Congress at least 5 days before making such payments;
"(B) no report has been made under section 2 with respect to an activity of the entity to receive such payment, and the President has no credible information of any activity that would require such a report; and
"(C) the United States will receive goods or services of value to the United States commensurate with the value of the extraordinary payments made.
"(2) For purposes of this subsection, the term 'maintenance' means activities which cannot be performed by the National Aeronautics and Space Administration and which must be performed in order for the Service Module to provide environmental control, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment.
"(3) This subsection shall cease to be effective 60 days after a United States propulsion module is in place at the International Space Station.
"(h)
"(1) section 3 of this Act; or
"(2) section 4 of Executive Order No. 12938 (November 14, 1994), as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the agency of the United States Government anticipates that such payments will be passed on to such a foreign person.
"SEC. 7. DEFINITIONS.
"For purposes of this Act, the following terms have the following meanings:
"(1)
"(A) for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or
"(B) for work on the International Space Station, or for the purchase of goods or services relating to human space flight, that are not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999, as those terms were in effect on such date.
"(2)
"(A) a natural person that is an alien;
"(B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country;
"(C) any foreign governmental entity operating as a business enterprise; and
"(D) any successor, subunit, or subsidiary of any entity described in subparagraph (B) or (C).
"(3)
"(4)
"(A) is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(A);
"(B) is a member of the Missile Technology Control Regime with respect to a transfer of goods, services, or technology described in section 2(a)(1)(B), or is a party to a binding international agreement with the United States that was in effect on January 1, 1999, to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime;
"(C) is a member of the Australia Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(C);
"(D) is a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction with respect to a transfer of goods, services, or technology described in section 2(a)(1)(D); or
"(E) is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 2(a)(1)(E).
"(5)
"(A) The term 'organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency' means an organization or entity that-
"(i) was made part of the Russian Space Agency upon its establishment on February 25, 1992;
"(ii) was transferred to the Russian Space Agency by decree of the Russian Government on July 25, 1994, or May 12, 1998;
"(iii) was or is transferred to the Russian Aviation and Space Agency or Russian Space Agency by decree of the Russian Government at any other time before, on, or after the date of the enactment of this Act [Mar. 14, 2000]; or
"(iv) is a joint stock company in which the Russian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest.
"(B) Any organization or entity described in subparagraph (A) shall be deemed to be under the jurisdiction or control of the Russian Aviation and Space Agency regardless of whether-
"(i) such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is removed from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or
"(ii) the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest."
[Memorandum of President of the United States, Sept. 11, 2000, 65 F.R. 56209, delegated to the Secretary of State functions and authorities conferred on the President under
Application of Authorities Under the International Emergency Economic Powers Act to Communist Chinese Military Companies
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(A) The Committee on Armed Services of the House of Representatives.
"(B) The Committee on Armed Services of the Senate.
"(C) The Secretary of State.
"(D) The Secretary of the Treasury.
"(E) The Attorney General.
"(F) The Secretary of Commerce.
"(G) The Secretary of Energy.
"(H) The Director of Central Intelligence.
"(2)
"(3)
"(A) The Attorney General.
"(B) The Director of Central Intelligence.
"(C) The Director of the Federal Bureau of Investigation.
"(4)
"(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)
Iran and Libya Sanctions
"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)
"(b)
"SEC. 4. MULTILATERAL REGIME.
"(a)
"(b)
"(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)
"(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)
"(1)
"(2)
"(e)
"(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)
"(b)
"(1)
"(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)
"(c)
"(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)
"(e)
"(f)
"(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)
"(2)
"(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)
"(4)
"(A)
"(B)
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)
"(6)
"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)
"(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)
"SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(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)
"(1)
"(2)
"(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)
"SEC. 10. REPORTS REQUIRED.
"(a)
"(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)
"(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 [
"(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)
"(b)
"SEC. 14. DEFINITIONS.
"As used in this Act:
"(1)
"(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)
"(3)
"(4)
"(5)
"(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)
"(7)
"(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)
"(9)
"(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)
"(11)
"(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)
"(13)
"(14)
"(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)
"(16)
"(17)
"(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
Sanctions Against Serbia and Montenegro
"(a)
"(b)
"(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)
"(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)
"(e)
"(f)
"(g)
"(a)
"(b)
"(c)
"(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)
"(e)
[For delegation of functions of President under section 101(d) [title V, §539] of div. A of
Similar provisions were contained in the following prior appropriation acts:
"(a)
"(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)
"(c)
"(d)
"(e)
"(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."
Presidential Certification To Suspend Sanctions Imposed on the Government of Serbia and the Government of Montenegro
Determination of President of the United States, No. 01–7, Dec. 19, 2000, 66 F.R. 1013, provided:
Memorandum for the Secretary of Defense [and] the Secretary of the Treasury
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 (
Therefore, I hereby waive the application of these provisions with respect to such assistance and support.
The Secretary of Defense is 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. 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 (
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 (
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 (
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.
Iran-Iraq Arms Non-Proliferation
"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)
"(b)
"(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)
"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
"SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
"(a)
"(b)
"(1)
"(2)
"SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
"(a)
"(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)
"(1)
"(2)
"(3)
"(4)
"(5)
"(c)
"(1)
"(2)
"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)
"(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)
"(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)
"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
Payment of Claims by United States Nationals Against Iraq
Iraq Sanctions
"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)
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.
"(a)
"(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)
"(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)
"(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)
"(c)
"(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 [
"(D) section 555 of the International Security and Development Cooperation Act of 1985 [
"(d)
"(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)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(C)
"(5)
"(6)
"(7)
"(8)
"(b)
"SEC. 586H. WAIVER AUTHORITY.
"(a)
"(b)
"(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)
"(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)
"SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS CAPABILITY.
"(a)
"(b)
"SEC. 586J. REPORTS TO CONGRESS.
"(a)
"(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)
"(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)
"(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
[
[
[
[
[
[
[
[
[
"(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
"SEC. 501. RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.
"(a)
"(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)
"(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)
"(b)
"(c)
"(d)
"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. 9, 2000, 65 F.R. 68061, 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. Since that time, notices of the continuation of this national emergency have been transmitted annually by the President to the Congress and published in the Federal Register. The most recent notice appeared in the Federal Register on November 5, 1999. 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, 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 Iran for 1 year. 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. 5, 1999, 64 F.R. 61471.
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, §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:
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:
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:
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, §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, §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 (
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:
(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.
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 Jan. 4, 2001, 66 F.R. 1251, provided:
On January 7, 1986, by Executive Order 12543 [set out above], 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 883 (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. 29, 1999, 65 F.R. 1999.
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, §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:
(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.
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, §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 28, 2000, 65 F.R. 47241, 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, 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 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 20, 1999, 64 F.R. 39897.
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:
(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.
(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.
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, §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, §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:
(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.
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:
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:
(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.
(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. Nos. 12808 and 13088
Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379, provided:
In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared on May 30, 1992 [see Ex. Ord. No. 12808, set out above], with respect to the Federal Republic of Yugoslavia (Serbia and Montenegro), as expanded on October 25, 1994 [see Ex. Ord. No. 12934, set out below], in response to the actions and policies of the Bosnian Serbs. In addition, I am continuing for 1 year the national emergency declared on June 9, 1998 [see Ex. Ord. No. 13088, set out below], with respect to the Federal Republic of Yugoslavia's policies and actions in Kosovo. This notice shall be published in the Federal Register and transmitted to the Congress.
On May 30, 1992, by Executive Order 12808, President Bush declared a national emergency to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions and policies of the Governments of Serbia and Montenegro, blocking all property and interests in property of those Governments. President Bush took additional measures to prohibit trade and other transactions with the 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, and on April 25, 1993, I issued Executive Order 12846 [set out below] imposing additional measures.
On October 25, 1994, I expanded the scope of the national emergency by issuing Executive Order 12934 to address the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the actions and policies of the Bosnian Serb forces and the authorities in the territory that they controlled within Bosnia and Herzegovina.
On December 27, 1995, 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, must continue beyond May 30, 2000.
On June 9, 1998, by Executive Order 13088, I found that the actions and policies 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, threatened to destabilize countries in the region and to disrupt progress in Bosnia and Herzegovina in implementing the Dayton peace agreement, constituted an unusual and extraordinary threat to the national security and foreign policy of the United States. I therefore declared a national emergency to deal with that threat. On April 30, 1999, I issued Executive Order 13121 [set out below] to take additional steps with respect to the continuing human rights and humanitarian crisis in Kosovo and the national emergency declared with respect to Kosovo. Because the crisis with respect to the situation in Kosovo has not been resolved, I have determined that it is necessary to maintain in force these emergency authorities beyond June 9, 2000.
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 27, 1999, 64 F.R. 29205.
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, §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:
(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, §4, Jan. 15, 1993, 58 F.R. 5253.]
(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.
(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:
(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:
(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.
(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:
(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.
(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:
(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.
(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.
(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. 22, 2000, 65 F.R. 57721, 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, of 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, 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 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. 21, 1999, 64 F.R. 51419.
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:
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, §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'état 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, §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:
William J. Clinton.
Continuation of National Emergency Declared by Ex. Ord. No. 12924
Notice of President of the United States, dated Aug. 3, 2000, 65 F.R. 48347, 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, 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 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. 10, 1999, 64 F.R. 44101.
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, §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:
(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.
(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.
(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].
(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, §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:
(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.
(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.
(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)]).
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. 9, 2000, 65 F.R. 68063, 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, November 12, 1998, and November 10, 1999, must continue in effect beyond November 14, 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 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. 10, 1999, 64 F.R. 61767.
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, §§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:
(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.
(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.
(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.
(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, 2001, 66 F.R. 7371, 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. The order, issued pursuant to the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.], among other authorities, blocks 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 21, 2000. 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 made effective on January 24, 1995, to deal with that emergency must continue in effect beyond January 23, 2001. Therefore, in accordance with section 202(d)2 of the National Emergencies Act (50 U.S.C. 1622(d) of the National Emergencies Act (50 U.S.C. 1622(d)) [sic], 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. 19, 2000, 65 F.R. 3581.
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:
(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.
(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.
(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, §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. 13, 2000, 65 F.R. 13863, 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 12, 1999.
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, 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 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 1999. 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. 10, 1999, 64 F.R. 12239.
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, §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:
[(a) to (d) Revoked by Ex. Ord. No. 13059, §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, §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.
(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.
(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.
(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.
(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.
(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.
(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
José Santacruz Londoño
Helmer Herrera Buitrago
Continuation of National Emergency Declared by Ex. Ord. No. 12978
Notice of President of the United States, dated Oct. 19, 2000, 65 F.R. 63193, 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 narcotics traffickers centered in Colombia, and the unparalleled violence, corruption, and harm 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 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, 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 deal with that emergency, must continue in effect beyond October 21, 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 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 continuations of national emergency declared by Ex. Ord. No. 12978 were contained in the following:
Notice of President of the United States, dated Oct. 19, 1999, 64 F.R. 56667.
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 (
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.
(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.
(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.
(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.
(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, 2000, 65 F.R. 32005, 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 (
The National Emergency declared on May 20, 1997, must continue beyond May 20, 2000, 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 continuations of national emergency declared by Ex. Ord. No. 13047 were contained in the following:
Notice of President of the United States, dated May 18, 1999, 64 F.R. 27443.
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:
(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.
(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, §8(a), set out above].
(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.
(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:
(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.
(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.
(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.
(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. 31, 2000, 65 F.R. 66163, 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, 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 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 continuations of national emergency declared by Ex. Ord. No. 13067 were contained in the following:
Notice of President of the United States, dated Oct. 29, 1999, 64 F.R. 59105.
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:
(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.
(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).
(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; Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19, 2001, 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:
(i) any person listed in the Annex to this order [Ex. Ord. No. 13088 does not contain an Annex, however, Ex. Ord. No. 13192 does contain an Annex which is not set out under this section. See 66 F.R. 7382.]; and
(ii) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:
(A) to be under open indictment by the International Criminal Tribunal for the former Yugoslavia, subject to applicable laws and procedures;
(B) to have sought, or to be seeking, through repressive measures or otherwise, to maintain or reestablish illegitimate control over the political processes or institutions or the economic resources or enterprises of the Federal Republic of Yugoslavia, the Republic of Serbia, the Republic of Montenegro, or the territory of Kosovo;
(C) to have provided material support or resources to any person designated in or pursuant to section 1(a) of this order; or
(D) to be owned or controlled by or acting or purporting to act directly or indirectly for or on behalf of any person designated in or pursuant to section 1(a) of this order.
(b) All property and interests in property blocked pursuant to this order prior to 12:01 a.m., eastern standard time, on January 19, 2001, shall remain blocked except as otherwise authorized by the Secretary of the Treasury.
(a) The term "person" means an individual or entity;
(b) The term "entity" means a partnership, association, trust, joint venture, corporation or other organization; and
(c) The term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
(b) This order shall be transmitted to the Congress and published in the Federal Register.
William J. Clinton.
Continuations of National Emergency Declared by Ex. Ord. No. 13088
Continuations of national emergency declared by Ex. Ord. No. 13088 were contained in the following Presidential documents, set out above:
Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379.
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:
(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.
(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.
(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:
(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.
(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.
(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.
(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]);[.]
Continuation of National Emergency Declared by Ex. Ord. No. 13129
Notice of President of the United States, dated June 30, 2000, 65 F.R. 41549, provided:
On July 4, 1999, I issued Executive Order 13129, "Blocking Property and Prohibiting Transactions with the Taliban," [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 actions and policies of the Taliban in Afghanistan. The order blocks all property and interests in property of the Taliban and prohibits trade-related transactions by United States persons involving the territory of Afghanistan controlled by the Taliban.
The Taliban continues to allow territory under its control in Afghanistan to be used as a safe haven and base of operations for Usama bin Laden and the Al-Qaida organization who have committed and threaten to continue to commit acts of violence against the United States and its nationals. For these reasons, I have determined that it is necessary to maintain in force these emergency authorities beyond July 5, 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 declared on July 4, 1999, with respect to the Taliban. This notice shall be published in the Federal Register and transmitted to the Congress.
William J. Clinton.
Ex. Ord. No. 13159. Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons
Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279, 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, in view of the policies underlying Executive Order 12938 of November 14, 1994 [set out above], and Executive Order 13085 of May 26, 1998 [42 U.S.C. 2297h note], find that the risk of nuclear proliferation created by the accumulation of a large volume of weapons-usable fissile material in the territory of the Russian Federation constitutes 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:
(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 or any jurisdiction within the United States, including foreign branches; or any person in the United States; and
(d) The term "Government of the Russian Federation" means the Government of the Russian Federation, any political subdivision, agency, or instrumentality thereof, and any person owned or controlled by, or acting for or on behalf of, the Government of the Russian Federation.
(b) Nothing contained in this order shall relieve a person from any requirement to obtain a license or other authorization from any department or agency of the United States Government in compliance with applicable laws and regulations subject to the jurisdiction of the department or agency.
(b) This order shall be transmitted to the Congress and published in the Federal Register.
William J. Clinton.
Ex. Ord. No. 13194. Prohibiting the Importation of Rough Diamonds From Sierra Leone
Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, 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, and in view of United Nations Security Council Resolution 1306 of July 5, 2000,
I, WILLIAM J. CLINTON, President of the United States of America, take note that the people of Sierra Leone have suffered the ravages of a brutal civil war for nearly 10 years, and that the United Nations Security Council has determined that the situation in Sierra Leone constitutes a threat to international peace and security in the region and also has expressed concerns regarding the role played by the illicit trade in diamonds in fueling the conflict in Sierra Leone. Sierra Leone's insurgent Revolutionary United Front's (RUF's) illicit trade in diamonds from Sierra Leone to fund its operations and procurement of weapons, the RUF's flagrant violation of the Lome Peace Agreement of July 7, 1999, and its attacks on personnel of the United Nations Mission in Sierra Leone are direct challenges to the United States foreign policy objectives in the region as well as a direct challenge to the rule-based international order which is crucial to the peace and prosperity of the United States. Therefore, I find these actions 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. In order to implement United Nations Security Council Resolution 1306 and to ensure that the direct or indirect importation into the United States of rough diamonds from Sierra Leone will not contribute financial support to aggressive actions by the RUF or to the RUF's procurement of weapons, while at the same time seeking to avoid undermining the legitimate diamond trade or diminishing confidence in the integrity of the legitimate diamond industry, I hereby 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 or any jurisdiction within the United States (including foreign branches), or any person in the United States;
(d) the term "rough diamond" means all unworked diamonds classifiable in heading 7102 of the Harmonized Tariff Schedule of the United States [see Publication of Harmonized Tariff Schedule note set out under 19 U.S.C. 1202]; and
(e) the term "controlled through the Certificate of Origin regime of the Government of Sierra Leone" means accompanied by a Certificate of Origin or other documentation that demonstrates to the satisfaction of the United States Customs Service (or analogous officials of a United States territory or possession with its own customs administration) that the rough diamonds were legally exported from Sierra Leone with the approval of the Government of Sierra Leone.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in section 1702 of this title; title 22 section 7108; title 28 section 1610.