[House Document 108-216]
[From the U.S. Government Publishing Office]
108th Congress, 2d Session - - - - - - - - House Document 108-216
TERMINATION OF THE NATIONAL EMERGENCY
WITH RESPECT TO LIBYA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION TO TERMINATE THE NATIONAL EMERGENCY WITH RESPECT TO LIBYA
DECLARED IN EXECUTIVE ORDER 12543 OF JANUARY 7, 1986, AND REVOKES THAT
EXECUTIVE ORDER, EXECUTIVE ORDER 12544 OF JANUARY 8, 1986, EXECUTIVE
ORDER 12801 OF APRIL 15, 1992, AND EXECUTIVE ORDER 12538 OF NOVEMBER
15, 1985, PURSUANT TO 50 U.S.C. 1622(a)
September 21, 2004.--Referred to the Committee on International
Relations and ordered to be printed
To the Congress of the United States:
Consistent with subsection 204(b) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), I
hereby report that I have issued an Executive Order (the
``order'') that terminates the national emergency declared in
Executive Order 12543 of January 7, 1986, and revokes that
Executive Order, Executive Order 12544 of January 8, 1986,
Executive Order 12801 of April 15, 1992, and Executive Order
12538 of November 15, 1985. I have determined that the
situation that gave rise to this national emergency has been
significantly altered by Libya's commitments and actions to
eliminate its weapons of mass destruction programs and its
Missile Technology Control Regime (MTCR)--class missiles, and
by other developments.
Executive Order 12543 of January 7, 1986, imposed sanctions
on Libya in response to policies and actions of the Government
of Libya that constituted an unusual and extraordinary threat
to the national security and foreign policy of the United
States. Those sanctions were modified in Executive Order 12544
of January 8, 1986, Executive Order 12801 of April 15, 1992,
and supplemented Executive Order 12538 of November 15, 1985.
Based on Libya's recent commitments and actions to
implement its December 19, 2003, commitment to eliminate its
weapons of mass destruction programs and its MTCR-class
missiles, and other developments, I have determined that the
situation that gave rise to the national emergency declared in
Executive Order 12543 has been significantly altered. My order,
therefore, terminates that national emergency with respect to
Libya and revokes Executive Orders 12543, 12544, and 12801, and
lifts the trade, commercial, and travel sanctions imposed
against Libya based on that national emergency. The order also
revokes Executive Order 12538, which blocked the import of
petroleum products refined in Libya into the United States.
While the order formally lifts sanctions under the national
emergency with respect to Libya, it will not lift a wide
variety of other sanctions imposed on Libya due to its
designation as a state sponsor of terrorism under section 620A
of the Foreign Assistance Act (restriction on foreign
assistance), section 40 of the Arms Export Control Act
(restriction on arms exports, and section 6(j) of the Export
Administration Act of 1979 (restriction on exports of certain
items on the Commodity Control List), as well as other
statutory restrictions applicable to Libya.
I have enclosed a copy of the order, which is effective at
12:01 a.m. eastern daylight time on September 21, 2004.
George W. Bush.
The White House, September 20, 2004.
Executive Order
----------
Termination of Emergency Declared in Executive Order 12543 With Respect
to the Policies and Actions of the Government of Libya and Revocation
of Related Executive Orders
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.) (NEA), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c) (UNPA), sections
504 and 505 of the International Security and Development
Cooperation Act (22 U.S.C. 2349aa-8 and 2349aa-9), section
40106 of title 49, United States Code, and section 301 of title
3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, find that the situation that gave rise to the
declaration of a national emergency in Executive Order 12543 of
January 7, 1986, with respect to the policies and actions of
the Government of Libya, and that led to the steps taken in
that order and in Executive Order 12544 of January 8, 1986, and
Executive Order 12801 of April 15, 1992, has been significantly
altered by Libya's commitments and actions to eliminate its
weapons of mass destruction programs and its Missile Technology
Control Regime (MTCR)-class missiles, and by other
developments. Accordingly, I hereby terminate the national
emergency declared in Executive Order 12543, and revoke that
Executive Order, Executive Order 12544, and Executive Order
12801. I also hereby revoke Executive Order 12538 of November
15, 1985, and further order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C.
1622(a)), termination of the national emergency declared in
Executive Order 12543 with respect to the policies and actions
of the Government of Libya shall not affect any action taken or
proceeding pending not finally concluded or determined as of
the effective date of this order, any action or proceeding
based on any act committed prior to such date, or any rights or
duties that matured or penalties that were incurred prior to
such date.
Sec. 2. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers or employees, or any other person.
Sec. 3. (a) This order is effective at 12:01 a.m. eastern
daylight time on September 21, 2004.
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
The White House, September 20, 2004.