U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–011 2000

106th Congress, 2d Session – – – – – – – – – – – – House Document 106–268

SIX MONTH PERIODIC REPORT WITH RESPECT TO THE

NATIONAL EMERGENCY WITH RESPECT TO TALIBAN

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

HIS PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH

RESPECT TO THE TALIBAN IN AFGHANISTAN

JULY 18, 2000.—Message and accompanying papers referred to the

Committee on International Relations and ordered to be printed

(1)

To the Congress of the United States:

As required by section 401(c) of the National Emergencies Act,

50 U.S.C 1641(c), and section 204(c) of the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c), I transmit

herewith a 6-month periodic report on the national emergency with

respect to the Taliban (Afghanistan) that was declared in Executive

Order 13129 of July 4, 1999.

WILLIAM J. CLINTON.

THE WHITE HOUSE, July 17, 2000.

(3)

PRESIDENT’S PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH

RESPECT TO THE TALIBAN IN AFGHANISTAN

I hereby report to the Congress on the developments concerning

the national emergency with respect to the actions and policies of

the Taliban in Afghanistan that was declared in Executive Order

13129 of July 4, 1999. This report is submitted pursuant to section

410(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act

(‘‘IEEPA’’), 50 U.S.C. 1703(c).

1. On July 4, 1999, I signed Executive Order 13129, ‘‘Blocking

Property and Prohibiting Transactions With the Taliban’’ (the

‘‘Order’’) (64 Fed. Reg. 36759, July 7, 1999). The Order blocks all

property subject to U.S. jurisdiction in which there is any interest

of the Taliban. The Order also blocks the property and interests in

property subject to U.S. jurisdiction of persons determined by the

Secretary of the Treasury, in consultation with the Secretary of

State and the Attorney General, (1) to be owned or controlled by

or to act for or on behalf of the Taliban, or (2) to provide financial,

material, or technological support for, or services in support of, any

of the foregoing.

The Order further prohibits (1) any transaction or dealing by a

U.S. person or within the United States in property or interests in

property blocked by the Order, including the making or receiving

of any contribution of funds, goods, or services to or for the benefit

of the Taliban or persons designated pursuant to the Order; (2) the

exportation, reexportation, sale, or supply, directly or indirectly,

from the United States, or by a U.S. person, wherever located, to

the territory of Afghanistan controlled by the Taliban or to the

Taliban or persons designated pursuant to the Order of any goods,

software, technology (including technical data), or services; and (3)

the importation into the United States of any goods, software, technology, or services owned or controlled by the Taliban or persons

designated pursuant to the Order or from the territory of Afghanistan controlled by the Taliban. The Order also prohibits any transaction by a U.S. person that evades or avoids, or has the purpose

of evading or avoiding, or attempts to violate, any of the prohibitions of the Order, and any conspiracy formed to violate the prohibitions of the Order.

The Order also directs the Secretary of the Treasury, in consultation with the Secretary of State, to authorize commercial sales of

agricultural commodities and products, medicine, and medical

equipment for civilian end-use in the territory of Afghanistan controlled by the Taliban under appropriate safeguards to prevent diversion to military, paramilitary, or terrorist or political end-use.

The term ‘‘the Taliban’’ is defined in the Order to mean the political/military entity headquartered in Kandahar, Afghanistan, that

exercises de facto control over the territory of Afghanistan de-
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scribed in Section 4(d) of the Order, its agencies and instrumentalities, and the Taliban leaders listed in the Annex to the Order or

designated by the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General. The Annex to the

Order lists one Taliban leader: Mohammed Omar (Amir alMumineed [Commander of the Faithful]). The Taliban is also

known as the ‘‘Taleban,’’ ‘‘Islamic Movement of Taliban,’’ ‘‘the

Taliban Islamic Movement,’’ ‘‘Talibano Islami Tahrik,’’ and

‘‘Tahrike Islami’a Taliban.’’

Section 4(d) of the Order defines the term ‘‘territory of Afghanistan controlled by the Taliban’’ to include 18 provinces of the country of Afghanistan: Kandahar, Farah, Helmund, Nimruz, Herat,

Badghis, Ghowr, Oruzghon, Zabol, Paktiha, Ghazni, Nangarhar,

Lowgar, Vardan, Faryab, Jowlan, Balkh, and Paktika. The Secretary of State, in consultation with the Secretary of the Treasury,

has since added the City of Kabul to the list of territory of Afghanistan controlled by the Taliban (64 Fed. Reg. 58879, November 1,

1999). The territory of Afghanistan controlled by the Taliban is also

known as the ‘‘Islamic Emirate of Afghanistan,’’ in Pashtun as ‘‘de

Afghanistan Islami Emarat’’ and in Dari as ‘‘Emarat Islami-e Afghanistan.’’

2. The Department of the Treasury’s Office of Foreign Assets

Control (‘‘OFAC’’), in consultation with the Departments of State

and Justice, has added three entities to the list of those whose assets are blocked pursuant to Executive Order 13129. On August 18,

1999, OFAC added Ariana Afghan Airlines (f.k.a. Bakhtar Afghan

Airlines). On October 22, 1999, OFAC added Banke Millie Afghan

(a.k.a. Afghan National Bank; a.k.a. Bank E. Millie Afghan), and

Da Afghanistan Bank (a.k.a. Bank of Afghanistan; a.k.a. Central

Bank of Afghanistan; a.k.a. The Afghan State Bank). These entities

have been found to be controlled by the Taliban, and to be entities

in which the Taliban has an interest.

Additional designations may be made by the Secretary of the

Treasury, in consultation with Secretary of State and the Attorney

General. Designations of persons blocked pursuant to the Order are

effective upon the date of determination by the Secretary of the

Treasury. Public notice of blocking is effective upon the date of filing with the Federal Register, or upon prior actual notice.

On October 15, 1999, the United Nations Security Council issued

Resolution 1267 that, inter alia, directs member States to freeze

funds and other financial resources of the Taliban, and to prohibit

landings and take-offs by Taliban-associated flights, effective November 14, 1999.

3. Since the issuance of Executive Order 13129 OFAC has authorized 21 nongovernmental organizations to continue their humanitarian relief operations in the territory of Afghanistan controlled by the Taliban. In addition, OFAC issued three licenses to

authorize completion of certain financial transactions initiated

prior to issuance of the Order, completion of certain imports predating the national emergency, and certain administrative transactions.

Since the inception of the program OFAC has continued to emphasize to the international banking community in the United

States the importance of identifying and blocking payments made
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by or on behalf of the Taliban and has worked closely with the

banks to assure the effectiveness of interdiction software systems

used to identify such payments. During the current six-month period 18 transactions that appeared to involve the Taliban, totaling

nearly $665,000, were interdicted, bringing total assets blocked

since the inception of the program to nearly $250 million. In addition, since the inception of the program, 15 funds transfers in

which the Taliban has an interest have been blocked totaling more

than $1.6 million.

Various enforcement actions and investigations are being aggressively pursued. Reports of new violations are being scrutinized.

4. The expenses incurred by the federal government in the sixmonth period from January 4 through July 3, 2000, that are directly attributable to the exercise of powers and authorities conferred by the declaration of the national emergency with respect to

the Taliban in Afghanistan are estimated at approximately

$260,000. Personnel costs were largely centered in the Department

of the Treasury (particularly in the Office of Foreign Assets Control, the Office of the General Counsel, and the U.S. Customs Service), the Department of State, and components of the Department

of Justice.

5. The Taliban continues to provide Usama bin Ladin and his organization, Al-Qaida, with safe haven and security allowing him

the necessary freedom to operate, despite repeated efforts by the

United States to persuade the Taliban to expel bin Ladin to a third

country where he can be brought to justice. The Taliban also allows

Usama bin Ladin to make repeated public threats against the

United States, to operate a network of terrorist training camps,

and to use Afghanistan as a base from which to sponsor terrorist

acts abroad. For these reasons, the Taliban actions pose an unusual threat to international security.

Our information confirms that bin Ladin’s organization, working

with other terrorist groups, continues actively to plan attacks on

Americans and others. We also have reliable evidence that the bin

Ladin network seeks to acquire weapons of mass destruction, including chemical weapons.

The international community recognized the need to take action

against the Taliban for its harboring of Usama bin Ladin in the

unanimous adoption of UN Security Council Resolution 1267 which

freezes funds and other financial resources of the Taliban and prohibits Taliban-associated flights.

I shall continue to exercise the powers at my disposal to apply

economic sanctions against the Taliban in Afghanistan as long as

these measures are appropriate, and will continue to report periodically to the Congress on significant developments pursuant to 50

U.S.C. 1703(c).

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