U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – – House Document 107–23

LIFTING AND MODIFYING MEASURES WITH RESPECT

TO THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

HIS REPORT ISSUING A NEW EXECUTIVE ORDER TO LIFT, WITH

RESPECT TO FUTURE TRANSACTIONS, THE ECONOMIC SANCTIONS IMPOSED PURSUANT TO EXECUTIVE ORDER 13088 AND

EXPANDED BY EXECUTIVE ORDER 13121

JANUARY 20, 2001.—Referred to the Committee on International Relations

and ordered to be printed

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THE WHITE HOUSE,

Washington, January 19, 2001.

Hon. J. DENNIS HASTERT,

Speaker of the House of Representatives,

Washington, DC.

DEAR MR. SPEAKER: Pursuant to section 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b)

(IEEPA) and section 301 of the National Emergencies Act, 50

U.S.C. 1631, I hereby report that I have exercised my statutory authority to take additional actions with respect to the national emergency described and declared in Executive Order 13088 of June 9,

1998, and related to the actions and policies of the Governments

of the Federal Republic of Yugoslavia (Serbia and Montenegro) (the

‘‘FRY (S&M)’’) and the Republic of Serbia with respect to Kosovo.

I have issued a new Executive Order to lift, with respect to future

transactions, the economic sanctions imposed pursuant to Executive Order 13088 and expanded by Executive Order 13121 of April

30, 1999, except for those sanctions targeted against members and

supporters of the former Milosevic regime. These actions are also

taken in furtherance of United Nations Security Council Resolution

827 of May 25, 1993, and subsequent resolutions.

The Secretary of the Treasury, in consultation with the Secretary

of State, is authorized to issue regulations in exercise of my authorities under IEEPA and the United Nations Participation Act,

22 U.S.C. 287c, to implement measures lifting and modifying the

economic sanctions imposed pursuant to Executive Order 13088.

Property blocked pursuant to Executive Order 13088 before the effective date of the new Executive Order will continue to be blocked

pending the resolution of successor state and other issues. All Federal agencies are also directed to take actions within their statutory authority to carry out the provisions of the new Executive

Order. In addition to the persons I have identified in the annex to

the new Executive Order, the Secretary of the Treasury, in consultation with the Secretary of State, is to identify certain other

persons whose property and interests in property will be blocked

pursuant to the order and with respect to whose property interests

certain transactions or dealings by U.S. persons will be prohibited.

The Secretary of the Treasury, again in consultation with the Secretary of State, is also authorized to remove any person from the

annex to the order. In order to ensure the fullest implementation

of the Executive Order, the Secretary of State will take steps to

identify for appropriate consideration by the Secretary of the Treasury persons potentially covered by the criteria set forth in the

order, which includes individuals who may have sought or may be

seeking, through repressive measures or otherwise, to exercise illegitimate control over FRY (S&M) political institutions or economic

resources.

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I am enclosing a copy of the Executive Order I have issued. The

order was effective at 12:01 a.m. eastern standard time on January

19, 2001.

I have authorized these measures in response to the recent positive developments in the FRY (S&M) and, notwithstanding those

developments, the unusual and extraordinary threat that remains

to the national security and foreign policy of the United States. I

found in Executive Order 13088 that the actions and policies of the

Governments of the FRY (S&M) and the Republic of Serbia with

respect to Kosovo, by promoting ethnic conflict and human suffering, threatened to destabilize the countries of the region and to

disrupt progress in the Republic of Bosnia and Herzegovina in implementing the Dayton peace agreement, and therefore constituted

an unusual and extraordinary threat to the national security and

foreign policy of the United States. I declared a national emergency

to deal with that threat and ordered that economic sanctions be imposed with respect to those governments. I issued Executive Order

13121 in response to the continuing human rights and humanitarian crises in Kosovo. That order revised and substantially expanded the sanctions imposed pursuant to Executive Order 13088.

On September 24, 2000, the people of the FRY (S&M) displayed

extraordinary courage and principle when the elected Vojislav

Kostunica to be their president. The peaceful democratic transition

begun by President Kostunica and the people of the FRY (S&M)

opens the prospect of the FRY (S&M)’s rejoining fully the international community and merits lifting, with respect to future

transactions, the economic sanctions imposed pursuant to Executive Orders 13088 and 13121. Notwithstanding these positive developments, steps must still be taken to support the ongoing efforts

of the International Criminal Tribunal for the former Yugoslavia

(ICTY) and to continue to counter the threat that remains with respect to stability in the Balkan region and the full implementation

of the Dayton peace agreement.

In resolution 827 and subsequent resolutions, the United Nations

Security Council has called upon all states to cooperate fully with

the ICTY. In this connection, the ICTY has issued an order that

states determine whether Slobodan Milosevic and four other indicted persons have assets located in their territories and, if any

such assets are found, adopt provisional measures to freeze those

assets.

Additionally, Slobodan Milosevic and other persons currently or

subsequently under open indictment by the ICTY must be held

fully accountable for the violence and atrocities they unleashed in

the Balkans over the past decade, and they must be denied access

to the economic and other means that would support their further

repressing democracy or promoting or perpetrating further human

rights abuses. The same holds true for those persons assisting the

indictees and other blocked persons in their illicit activities and

those persons who, through repressive measures or otherwise, illegitimately exercise control over FRY (S&M) political institutions

and economic resources and enterprises under the sponsorship of

Slobodan Milosevic and his close associates.

We heartily applaud the peaceful democratic transition that is

underway in the FRY (S&M) and we pledge to support President

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Kostunica and other newly elected leaders as they work to build a

truly democratic society. Unfortunately, however, we must recognize the past and present capacity of Slobodan Milosevic and other

indicted war criminals and their close associates or other persons

to foment ethnic conflict, repress democracy, and promote or perpetrate further human rights abuses. This capacity continues to

threaten the stability of the Balkan region and the full implementation of the Dayton peace agreement and, therefore, still constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States. The actions we are taking will assist the FRY (S&M) in ending its isolation and returning

fully to the international community. They also express our condemnation of the violence and atrocities that have plagued the Balkan region for the past decade and will help prevent human rights

abuses in the future.

Sincerely,

WILLIAM J. CLINTON.

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EXECUTIVE ORDER

LIFTING AND MODIFYING MEASURES WITH RESPECT TO THE FEDERAL

REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)

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 827 of May 25, 1993 (UNSCR 827), and subsequent

resolutions,

I, WILLIAM J. CLINTON, President of the United States of

America, found in Executive Order 13088 of June 9, 1998, that the

actions and policies of the Governments of the Federal Republic of

Yugoslavia (Serbia and Montenegro) (the ‘‘FRY (S&M)’’) and the

Republic of Serbia with respect to Kosovo, by promoting ethnic conflict and human suffering, threatened to destabilize countries of the

region and to disrupt progress in Bosnia and Herzegovina in implementing the Dayton peace agreement, and therefore constituted an

unusual and extraordinary threat to the national security and foreign policy of the United States. I declared a national emergency

to deal with that threat and ordered that economic sanctions be imposed with respect to those governments. I issued Executive Order

13121 of April 30, 1999, in response to the continuing human

rights and humanitarian crises in Kosovo. That order revised and

substantially expanded the sanctions imposed pursuant to Executive Order 13088.

In view of the peaceful democratic transition begun by President

Vojislav Kostunica and other newly elected leaders in the FRY

(S&M), the promulgation of UNSCR 827 and subsequent resolutions calling for all states to cooperate fully with the International

Criminal Tribunal for the former Yugoslavia, 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 in order to take steps to counter the continuing

threat to regional stability and implementation of the Dayton peace

agreement and to address the national emergency described and

declared in Executive Order 13088, I hereby order:

Section 1. Amendments to Executive Order 13088. (a) Section 1 of

Executive Order 13088 of June 9, 1998, as revised by section 1(a)

of Executive Order 13121 of April 30, 1999, is revised to read as

follows:

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Section 1. (a) Except to the extent provided in section

203(b) of IEEPA (50 U.S.C. 1702(b)), and in regulations,

orders, directives, or licenses that may hereafter be issued

pursuant to this order, and notwithstanding any contract

entered into or any license or permit granted prior to the

effective date, I hereby order blocked all property and interests in property that are or hereafter come within the

United States or that are or hereafter come within the possession or control of United States persons, of:

(i) any person listed in the Annex to this order; 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.

(b) Section 2 of Executive Order 13088, as replaced by section

1(b) of Executive Order 13121, is revoked and a new section 2 is

added to read as follows:

Sec 2. Further, except to the extent provided in section

203(b) of IEEPA (50 U.S.C. 1702(b)), and in regulations,

orders, directives, or licenses that may hereafter be issued

pursuant to this order, and notwithstanding any contract

entered into or any license or permit granted prior to the

effective date, I hereby prohibit any transaction or dealing

by a United States person or within the United States in

property or interests in property of any person designated

in or pursuant to section 1(a) of this order.

(c) Section 3 of Executive Order 13088 is revoked.

(d) Section 4 of Executive Order 13088, as revised by section 1(c)

of Executive Order 13121, is renumbered and revised to read as follows:

Sec. 3. Any transaction by a 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 is prohibited. Any conspiracy formed to violate the prohibitions of this order is prohibited.

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(e) Section 5 of Executive Order 13088 is renumbered and revised

to read as follows:

Sec. 4. For the purposes 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; 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.

(f) Section 6 of Executive Order 13088 is renumbered and revised

to read as follows:

Sec. 5. The Secretary of the Treasury, in consultation

with the Secretary of State, is hereby authorized to take

such actions, including the promulgation of rules and regulations, and to employ all powers granted to me by IEEPA

and UNPA, as may be necessary to carry out the purposes

of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies

of the United States Government. All agencies of the

United States Government are hereby directed to take all

appropriate measures within their statutory authority to

carry out the provisions of this order.

(g) A new section 6 is added to Executive Order 13088 to read

as follows:

Sec. 6. The Secretary of the Treasury, in consultation

with the Secretary of State, is hereby authorized to remove

any person from the Annex to this order as circumstances

warrant.

(h) Section 7 of Executive Order 13088, as revised by section 1(d)

of Executive Order 13121, is revoked.

Sec. 2. Preservation of Authorities. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action

issued, taken, or continued in effect heretofore or hereafter under

Executive Order 13088, Executive Order 13121, or the authority of

IEEPA or UNPA, except as hereafter terminated, modified, or suspended by the issuing Federal agency.

Sec. 3. No Rights or Privileges Conferred. This order is not intended to create, nor does it create, any right, benefit, or privilege,

substantive or procedural, enforceable at law by a party against the

United States, its agencies, officers, or any other person.

Sec. 4. (a) Effective Date. This order is effective at 12:01 a.m.

eastern standard time on January 19, 2001.

(b) Transmittal Publication. This order shall be transmitted to

the Congress and published in the Federal Register.

WILLIAM J. CLINTON.

THE WHITE HOUSE, January 17, 2001.

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