[House Document 107-76]
[From the U.S. Government Publishing Office]
107th Congress, 1st Session - - - - - - - - - - - - - House Document 107-76
EXTENSION OF NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL REPUBLIC
OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND KOSOVO
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION THAT THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) IN 1992 AND WITH
RESPECT TO KOSOVO IN 1998 ARE TO CONTINUE BEYOND MAY 30, 2001, AND JUNE
9, 2001, RESPECTIVELY, PURSUANT TO 50 U.S.C. 1622(d)
May 25, 2001.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), provides for the automatic termination of a national
emergency unless, prior to the anniversary date of its
declaration, the President publishes in the Federal Register
and transmits to the Congress a notice stating that the
emergency is to continue in effect beyond the anniversary date.
I have sent the enclosed notice to the Federal Register for
publication, stating that the national emergencies declared
with respect to the Federal Republic of Yugoslavia (Serbia and
Montenegro) (the ``FRY (S&M)'') in 1992 and with respect to
Kosovo in 1998, are to continue beyond May 30, 2001, and June
9, 2001, respectively. The most recent notice continuing these
emergencies was published in the Federal Register on May 26,
2000.
With respect to the 1992 national emergency, on December
27, 1995, President Clinton issued Presidential Determination
96-7, directing the Secretary of the Treasury, inter alia, to
suspend the application of sanctions imposed on the FRY (S&M)
and to continue to block property previously blocked until
provision is made to address claims or encumbrances, including
the claims of the other successor states of the former
Yugoslavia. This sanctions relief, in conformity with United
Nations Security Council Resolution 1022 of November 22, 1995
(hereinafter the ``Resolution''), was an essential factor
motivating Serbia and Montenegro's acceptance of the General
Framework Agreement for Peace in Bosnia and Herzegovina
initialed in Dayton on November 21, 1995, and signed in Paris
on December 14, 1995 (hereinafter the ``Peace Agreement'').
Sanctions against both the FRY (S&M) and the Bosnian Serbs
were subsequently terminated by United Nations Security Council
Resolution 1074 of October 1, 1996. This termination, however,
did not end the requirement of the Resolution that those
blocked funds and assets that are subject to claims and
encumbrances remain blocked, until unblocked in accordance with
applicable law.
Until the status of all remaining blocked property is
resolved, the Peace Agreement implemented, and the terms of the
Resolution met, this situation continues to pose an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States. For these reasons, I have
determined that the 1992 emergency, and the measures adopted
pursuant thereto, must continue beyond May 30, 2001.
With respect to the 1998 national emergency regarding
Kosovo, on January 17, 2001, President Clinton issued Executive
Order 13192 in view of the peaceful democratic transition begun
in the FRY (S&M); the continuing need to promote full
implementation of United Nations Security Council Resolution
827 of May 25, 1993, and subsequent resolutions calling for all
states to cooperate fully with the International Criminal
Tribunal for the former Yugoslavia (ICTY); the illegitimate
control over FRY (S&M) political institutions and economic
resources or enterprises exercised by former President Slobodan
Milosevic, his close associates and other persons, and those
individuals' capacity to repress democracy or perpetrate or
promote further human rights abuses; and the continuing threat
to regional stability and implementation of the Peace
Agreement. The order lifts and modifies, with respect to future
transactions, most of the economic sanctions imposed against
the FRY (S&M) in 1998 and 1999 with regard to the situation in
Kosovo. At the same time, the order imposes restrictions on
transactions with certain persons described in section 1(a) of
the order, namely Slobodan Milosevic, his close associates and
persons under open indictment for war crimes by ICTY. The order
also provides for the continued blocking of property or
interests in property blocked prior to the order's effective
date due to the need to address claims or encumbrances
involving such property.
Because the crisis with respect to the situation in Kosovo
and with respect to Slobodan Milosevic, his close associates
and supporters and persons under open indictment for war crimes
by ICTY has not been resolved, and because the status of all
previously blocked property has yet to be resolved, this
situation continues to pose an unusual and extraordinary threat
to the national security and foreign policy of the United
States. For these reasons, I have determined that the emergency
declared with respect to Kosovo, and the measures adopted
pursuant thereto, must continue beyond June 9, 2001.
George W. Bush.
The White House, May 24, 2001.
Notice
----------
Continuation of Emergency With Respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) the Bosnian Serbs, and Kosovo
In accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year
the national emergency declared on May 30, 1992, with respect
to the Federal Republic of Yugoslavia (Serbia and Montenegro)
(the ``FRY (S&M)''), as expanded on October 25, 1994, in
response to the actions and policies of the Bosnian Serbs. In
addition, I am continuing for 1 year the national emergency
declared on June 9, 1998, with respect to the FRY (S&M)'s
policies and actions in Kosovo. This notice shall be published
in the Federal Register and transmitted to the Congress.
On May 30, 1992, by Executive Order 12808, President Bush
declared a national emergency to deal with the unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States constituted by the actions and
policies of the Governments of Serbia and Montenegro, blocking
all property and interests in property of those Governments.
President Bush took additional measures to prohibit trade and
other transactions with the FRY (S&M) by Executive Orders 12810
and 12831, issued on June 5, 1992, and January 15, 1993,
respectively, and on April 25, 1993, President Clinton issued
Executive Order 12846 imposing additional measures.
On October 25, 1994, President Clinton expanded the scope
of the national emergency by issuing Executive Order 12934 to
address the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
posed by the actions and policies of the Bosnian Serb forces
and the authorities in the territory that they controlled
within Bosnia and Herzegovina.
On December 27, 1995, President Clinton issued Presidential
Determination 96-7, directing the Secretary of the Treasury,
inter alia, to suspend the application of sanctions imposed on
the FRY (S&M) pursuant to the above-referenced Executive Orders
and to continue to block property previously blocked until
provision is made to address claims or encumbrances, including
the claims of the other successor states of the former
Yugoslavia. This sanctions relief, in conformity with United
Nations Security Council Resolution 1022 of November 22, 1995
(hereinafter the ``Resolution''), was an essential factor
motivating the FRY (S&M)'s acceptance of the General Framework
Agreement for Peace in Bosnia and Herzegovina initialed by the
parties in Dayton on November 21, 1995, and signed in Paris on
December 14, 1995 (hereinafter the ``Peace Agreement''). The
sanctions imposed on the FRY (S&M) were accordingly suspended
prospectively, effective January 16, 1996. Sanctions imposed on
the Bosnian Serb forces and authorities and on the territory
that they controlled within Bosnia and Herzegovina were
subsequently suspended prospectively, effective May 10, 1996,
also in conformity with the Peace Agreement and the Resolution.
Sanctions against both the FRY (S&M) and the Bosnian Serbs were
subsequently terminated by United Nations Security Council
Resolution 1074 of October 1, 1996. This termination, however,
did not end the requirement of the Resolution that those
blocked funds and assets that are subject to claims and
encumbrances remain blocked, until unblocked in accordance with
applicable law.
Until the status of all remaining blocked property is
resolved, the Peace Agreement implemented, and the terms of the
Resolution met, the national emergency declared on May 30,
1992, as expanded in scope on October 25, 1994, and the
measures adopted pursuant thereto to deal with that emergency,
must continue beyond May 30, 2001.
On June 9, 1998, by Executive Order 13088, President
Clinton found that the actions and policies of the FRY (S&M)
and the Republic of Serbia with respect to Kosovo, by promoting
ethnic conflict and human suffering, threatened to destabilize
countries in the region and to disrupt progress in Bosnia and
Herzegovina in implementing the Peace Agreement, constituted an
unusual and extraordinary threat to the national security and
foreign policy of the United States. President Clinton
therefore declared a national emergency to deal with that
threat. On April 30, 1999, President Clinton issued Executive
Order 13121 to take additional steps with respect to the
continuing human rights and humanitarian crisis in Kosovo and
the national emergency declared with respect to Kosovo.
On January 17, 2001, President Clinton issued Executive
Order 13192 in view of the peaceful democratic transition begun
in the FRY (S&M); the continuing need to promote full
implementation of United Nations Security Council Resolution
827 of May 25, 1993, and subsequent resolutions calling for all
states to cooperate fully with the International Criminal
Tribunal for the former Yugoslavia (ICTY); the illegitimate
control over FRY (S&M) political institutions and economic
resources or enterprises exercised by former President Slobodan
Milosevic, his close associates and other persons, and those
individuals' capacity to repress democracy or perpetrate or
promote further human rights abuses; and the continuing threat
to regional stability and implementation of the Peace
Agreement. Executive Order 13192 amends Executive Order 13088
to lift and modify, with respect to future transactions, most
of the economic sanctions imposed against the FRY (S&M). At the
same time, Executive Order 13192 imposes restrictions on
transactions with certain persons described in section 1(a) of
the order, namely Slobodan Milosevic, his close associates and
supporters and persons under open indictment for war crimes by
the ICTY. The Executive Order also provides for the continued
blocking of property or interests in property blocked prior to
the order's effective date due to the need to address claims or
encumbrances involving such property.
Because the crisis with respect to the situation in Kosovo
and with respect to Slobodan Milosevic, his close associates
and supporters and persons under open indictment for war crimes
by ICTY has not been resolved, and because the status of all
previously blocked property has yet to be resolved, I have
determined that the national emergency declared on June 9,
1998, and the measures adopted pursuant thereto to deal with
that emergency, must continue beyond June 9, 2001.
George W. Bush.
The White House, May 24, 2001.