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[House Document 107-23]
[From the U.S. Government Publishing Office]

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
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
89-011                     WASHINGTON : 2001

                                           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. TheSecretary 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.
    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 
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.
                            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:
      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.
    (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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