[House Document 108-147]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 2nd Session - - - - - - - - - - - - House Document 108-
147
 
                 CONTINUATION OF THE NATIONAL EMERGENCY

                         WITH RESPECT TO LIBYA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 NOTIFICATION THAT THE LIBYA EMERGENCY IS TO CONTINUE IN EFFECT BEYOND 
            JANUARY 7, 2004, PURSUANT TO 50 U.S.C. 1622 (d)




January 20, 2004.--Referred to the Committee on International Relations 
                       and ordered to be printed
                                           The White House,
                                       Washington, January 5, 2004.
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 transmits to the Congress a notice 
stating that the emergency is to continue in effect beyond the 
anniversary date. Consistent with this provision, I have sent 
the enclosed notice, stating that the Libya emergency is to 
continue in effect beyond January 7, 2004, to the Federal 
Register for publication. The most recent notice continuing 
this emergency was published in the Federal Register on January 
6, 2003 (68 Fed. Reg. 661).
    On September 12, 2003, the United Nations Security Council 
adopted Resolution 1506 (UNSCR 1506), ending the U.N. sanctions 
against Libya. These U.N. sanctions were imposed in 1992 and 
1993 as a result of Libyan involvement in the terrorist 
bombings of Pan Am 103 and UTA 772, and included travel 
restrictions, an arms embargo, and financial sanctions. The 
UNSCR 1506 lifted these sanctions after Libya addressed the 
requirements of the relevant UNSC Resolutions, including making 
arrangements to compensate the families of the victims and 
accepting responsibility for the acts of its officials in the 
bombing of Pan Am 103. The United States abstained from voting 
on the lifting of the U.N. sanctions, and it made clear that it 
continued to have serious concerns about other Libyan policies 
and actions, including Libya's pursuit of weapons of mass 
destruction, Libya's role with regard to terrorism, and Libya's 
poor human rights record.
    On December 19, 2003, Prime Minister Blair and I announced 
separately that Libya's leader, Colonel Muammar Qadhafi, had 
agreed to eliminate all elements of Libya's chemical and 
nuclear weapons program, declare all nuclear activities to the 
International Atomic Energy Agency (IAEA), accept international 
inspections to ensure Libya's complete adherence to the Nuclear 
Nonproliferation Treaty and sign the IAEA Additional Protocol, 
accede to the Chemical Weapons Convention, eliminate ballistic 
missiles beyond 300 kilometer range, and immediately and 
unconditionally allow inspectors from international 
organizations to enter Libya. Libya's agreement marks the 
beginning of a process that can lead to Libya rejoining the 
international community, but its declaration of December 19, 
2003, must be followed by verification of concrete steps.
    Despite the positive developments, the crisis with respect 
to Libya has not been fully resolved, and I have therefore 
determined that it is necessary to continue the national 
emergency declared with respect to Libya and maintain in force 
the comprehensive sanctions against Libya.
            Sincerely,
                                                    George W. Bush.
                                 Notice

                              ----------                              


      Continuation of the National Emergency With Respect to Libya

    On January 7, 1986, by Executive Order 12543, 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, 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 fully resolved, although there have been some positive 
developments.
    On September 12, 2003, the United Nations Security Council 
adopted Resolution 1506 (UNSCR 1506), ending the United Nations 
sanctions against Libya. These U.N. sanctions were imposed in 
1992 and 1993 as a result of Libyan involvement in the 
terrorist bombings of Pan Am 103 in 1988 and UTA 772 in 1989, 
and included travel restrictions, an arms embargo, and 
financial sanctions. The UNSCR 1506 lifted these sanctions 
after Libya addressed the requirements of the relevant UNSC 
Resolutions, including accepting responsibility for the actions 
of its officials in the Pan Am 103 attack and arranging to 
compensate the families of the victims. The United States 
abstained from voting on the lifting of U.N. sanctions, and it 
made clear that it continued to have serious concerns about 
other Libyan policies and actions, including Libya's pursuit of 
weapons of mass destruction, Libya's role with respect to 
terrorism, and Libya's poor human rights record.
    On December 19, 2003, Prime Minister Blair and I announced 
separately that Libya's leader, Colonel Muammar Qadhafi, had 
agreed to eliminate all elements of Libya's chemical and 
nuclear weapons program, declare all nuclear activities to the 
International Atomic Energy Agency (IAEA), accept international 
inspections to ensure Libya's complete adherence to the Nuclear 
Nonproliferation Treaty and sign the IAEA Additional Protocol, 
accede to the Chemical Weapons Convention, eliminate ballistic 
missiles beyond 300 kilometer range, and immediately and 
unconditionally allow inspectors from international 
organizations to enter Libya. Libya's declaration of December 
19, 2003, marks an important and welcome step toward addressing 
the concerns of the world community. As Libya takes tangible 
steps to address those concerns, the United States will in turn 
take reciprocal tangible steps to recognize Libya's progress. 
Libya's agreement marks the beginning of a process of rejoining 
the community of nations, but its declaration of December 19, 
2003, must be followed by verification of concrete steps.
    Therefore, consistent 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.
                                                    George W. Bush.
    The White House, January 5, 2004.