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[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.

                                  
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