[House Document 107-223]
[From the U.S. Government Publishing Office]
107th Congress, 2d Session - - - - - - - - - - - House Document 107-223
CONTINUATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND KOSOVO
__________
COMMUNICATION
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
1998, ARE TO CONTINUE BEYOND MAY 30, 2002 AND JUNE 9, 2002,
RESPECTIVELY, PURSUANT TO 50 U.S.C. 1622(d)
June 4, 2002.--Referred to the Committee on International Relations and
ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
99-011 WASHINGTON : 2002
The White House,
Washington, May 27, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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 transits to the Congress a notice
stating that the emergency is to continue in effect beyond the
anniversary date. I have sent the enclosed notice of 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 1998, are to continue beyond May 30, 2002, and June 9,
2002, respectively. The most recent notice continuing these
emergencies was published in the Federal Register on May 25,
2001.
1992 National Emergency. The 1992 national emergency
involved imposition of economic sanctions first on the FRY
(S&M), and subsequently, on Bosnia-Serb forces in Bosnia (the
``Bosnian Serbs''). 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, was an essential factor
motivating Serbia and Montenegro's acceptance of a peace
agreement initiated 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 in conjunction with United Nations
Security Council Resolution 1074 of October 1, 1996. This
termination, however, did not end a requirement 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
United Nations Security Council Resolution 1022 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 it is
necessary to continue the 1992 national emergency, and the
measures adopted pursuant thereto, to respond to this threat.
1998 National Emergency. The 1998 national emergency
involved sanctions imposed on the FRY (S&M) in response to its
actions in Kosovo. On January 17, 2001, President Clinton
issued Executive Order 13192 lifting and modifying, with
respect to future transactions, most of the economic sanctions
imposed against the FRY (S&M) 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, and persons under open indictment for war crimes by
the International Criminal Tribunal for the Former Yugoslavia
(ICTY). It 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 and 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 the 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, to respond to this threat must continue
beyond June 9, 2002.
Sincerely,
George W. Bush.
Notice
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Continuation of Emergency With Respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro)
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. Under
this emergency, President Bush first blocked all property and
interests in property of the Governments of the FRY (S&M),
Serbia, and Montenegro and subsequently prohibited trade and
other transactions with the FRY (S&M).
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,
was an essential factor motivating the FRY (S&M)'s acceptance
of a peace agreement initialed by the parties 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 Serb forces were terminated in
conjunction with United Nations Security Council Resolution
1074 of October 1, 1996. This termination, however, did not end
a requirement that those blocked funds and assets that are
subject to claims or 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
United Nations Security Council Resolution 1022 met, the
national emergency declared on May 30, 1992, and the measures
adopted pursuant thereto to deal with that emergency, must
continue beyond May 30, 2002.
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, 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 January 17, 2001, President Clinton issued Executive
order 13192 amending 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
persons under open indictment for war crimes by the
International Criminal Tribunal for the Former Yugoslavia
(ICTY). It also provides for the continued blocking of poverty
or interests in property blocked prior to the order's effective
date due to the need to address claims or encumbrances
involving such poverty
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 the ICTY has not been resolved, and because the status of
all previously blocked proverty 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, 2002.
George W. Bush.
The White House, May 27, 2002.