U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–011 2000

106th Congress, 2d Session – – – – – – – – – – – – House Document 106–276

SIX MONTH PERIODIC REPORT ON THE NATIONAL

EMERGENCY WITH RESPECT TO TERRORISTS WHO

THREATEN TO DISRUPT THE MIDDLE EAST PEACE

PROCESS

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL

EMERGENCY WITH RESPECT TO TERRORISTS WHO THREATEN

TO DISRUPT THE MIDDLE EAST PEACE PROCESS THAT WAS DECLARED IN EXECUTIVE ORDER 12947 OF JANUARY 23, 1995, PURSUANT TO 50 U.S.C. 1703(c)

SEPTEMBER 6, 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 terrorists who threaten to disrupt the Middle East peace

process that was declared in Executive Order 12947 of January 23,

1995.

WILLIAM J. CLINTON.

THE WHITE HOUSE, July 27, 2000.

(3)

PRESIDENT’S PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH

RESPECT TO TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS

I hereby report to the Congress on the developments concerning

the national emergency with respect to terrorists who threaten to

disrupt the Middle East peace process that was declared in Executive Order 12947 of January 23, 1995. This report is submitted

pursuant to 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).

1. On January 23, 1995, I signed Executive Order 12947, ‘‘Prohibiting Transactions with Terrorists Who Threaten To Disrupt the

Middle East Peace Process’’ (the ‘‘Order’’) (60 Fed. Reg. 5079, January 25, 1995). The Order blocks all property subject to U.S. jurisdiction in which there is any interest of 12 terrorist organizations

that threaten the Middle East peace process as identified in an

Annex to the Order. The Order also blocks the property and interests in property subject to U.S. jurisdiction of persons designated

by the Secretary of State, in coordination with the Secretary of the

Treasury and the Attorney General, who are found (1) to have committed, or to pose a significant risk of committing, acts of violence

that have the purpose or effect of disrupting the Middle East peace

process, or (2) to assist in, sponsor, or provide financial, material,

or technological support for, or services in support of, such acts of

violence. In addition, the Order blocks all property and interests in

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

of persons determined by the Secretary of the Treasury, in coordination with the Secretary of State and the Attorney General, to be

owned or controlled by, or to act for or on behalf of, any other person designated pursuant to the Order (collectively ‘‘Specially Designated Terrorists’’ or ‘‘SDTs’’).

The Order further prohibits any transaction or dealing by a

United States person or within the United States in property or interests in property of SDTs, including the making or receiving of

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

such persons. This prohibition includes donations that are intended

to relieve human suffering.

Designations of persons blocked pursuant to the Order are effective upon the date of determination by the Secretary of State or her

delegate, or the Director of the Office of Foreign Assets Control

(‘‘OFAC’’) acting under authority delegated 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.

Because terrorists’ activities continue to threaten the Middle

East peace process and vital interests of the United States in the

Middle East, on January 19, 2000, I continued for another year the

national emergency declared on January 23, 1995, and the measVerDate 11-MAY-2000 23:37 Sep 07, 2000 Jkt 079011 PO 00000 Frm 00005 Fmt 6601 Sfmt 6601 E:\HR\OC\HD276.XXX pfrm02 PsN: HD276
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ures that took effect on January 24, 1995, to deal with that emergency. This action was taken in accordance with section 202(d) of

the National Emergencies Act (50 U.S.C. 1622(d)).

2. On January 25, 1995, the Department of the Treasury issued

a Notice listing persons blocked pursuant to Executive Order 12947

who have been designated by the President as terrorist organizations threatening the Middle East peace process or who have been

found to be owned or controlled by, or to be acting for or on behalf

of, these terrorist organizations (60 Fed. Reg. 5084, January 25,

1995). The notice identified 31 entities that act for or on behalf of

the 12 Middle East terrorist organizations listed in the Annex to

Executive Order 12947, as well as 18 individuals who are leaders

or representatives of these groups. In addition, the notice provided

nine (9) name variations or pseudonyms used by the 18 individuals

identified. The list identifies blocked persons who have been found

to have committed, or to pose a significant risk of committing, acts

of violence that have the purpose or effect of disrupting the Middle

East peace process or to have assisted in, sponsored, or provided

financial, material, or technological support for, or services in support of, such acts of violence, or are owned or controlled by, or act

for or on behalf of other blocked persons. The Department of the

Treasury issued three additional Notices adding the names of three

individuals, as well as their pseudonyms, to the List of SDTs (60

Fed. Reg. 41152, August 11, 1995; 60 Fed. Reg. 44932, August 29,

1995; and 60 Fed. Reg. 58435, November 27, 1995).

On August 20, 1998, I signed Executive Order 13099 (63 Fed.

Reg. 45167, August 20, 1998) amending Executive Order 12947 by

adding Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama

bin Ladin) and two of his associates, Abu Hafs al-Masri and Rifa’i

Ahmad Taha Musa, and the Islamic Army (a.k.a. Al-Qaida, Islamic

Salvation Foundation, The Islamic Army for the Liberation of the

Holy Places, The World Islamic Front for Jihad Against Jews and

Crusaders, and The Group for the Preservation of the Holy Sites)

to the Annex of Executive order 12947 as terrorists who threaten

to disrupt the Middle East peace process. Executive Order 13099

does not limit or otherwise affect the other provisions of Executive

Order 12947.

On February 2, 1996, OFAC issued the Terrorism Sanctions Regulations (the ‘‘TSR’’ or the ‘‘Regulations’’) (61 Fed. Reg. 3805, February 2, 1996). The TSR implement the President’s declaration of

a national emergency and imposition of sanctions against certain

persons whose acts of violence have the purpose or effect of disrupting the Middle East peace process. Pursuant to Executive

Order 13099 of August 20, 1998, ‘‘Prohibiting Transactions with

Terrorists Who Threaten to Disrupt the Middle East Peace Process’’, (63 Fed. Reg. 45167, 3 CFR, 1998 Comp., p. 208) and the Regulations, on June 28, 1999, OFAC amended appendix A to 31 CFR

chapter V by adding three individuals and one organization as persons who have been designated in the Executive order as terrorists

who threaten to disrupt the Middle East peace process or SDTs (64

Fed. Reg. 35575, 31 CFR, July 1, 1999). Any property subject to the

jurisdiction of the United States in which an SDT has an interest

is blocked and U.S. persons are prohibited from engaging in any

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transactions or in dealing in any property in which an SDT has an

interest.

On January 19, 2000, I renewed for another year the national

emergency with respect to terrorists who threaten to disrupt the

Middle East peace process pursuant to IEEPA. This renewal extended the current financial and trade sanctions against SDTs in

effect since 1995.

4. One hundred four thousand dollars are currently reported to

OFAC as being blocked. The blocking of these funds prevents their

conversion or other disposal for the benefit of the SDTs. In June

1998, a large portion of the assets previously blocked in one case

were seized by the Department of Justice as assets subject to civil

forfeiture action based on the criminal money laundering statutes.

Federal agencies will continue to work closely to identify and

block assets in which SDTs have an interest and will vigorously enforce Executive Orders 12947 and 13099 against Usama bin Ladin

and other terrorists who threaten the Middle East peace process.

5. Since January 25, 1995, OFAC has issued nine licenses pursuant to the Regulations. These licenses authorize payment of legal

expenses of individuals and the disbursement of funds for normal

expenditures for the maintenance of family members, the employment, receipt of salary and payment of educational expenses for an

SDT, secure storage of tangible assets of SDTs, the release of assets blocked pending investigation, and certain administrative

transactions of individuals designated pursuant to Executive Order

12947.

6. The expenses incurred by the Federal Government in the sixmonth period from January 23 through July 22, 2000 that are directly attributable to the exercise of powers and authorities conferred by the declaration of the national emergency with respect to

organizations that disrupt the Middle East peace process are estimated at approximately $235,000. These data do not reflect certain

costs of operations by the intelligence and law enforcement communities.

7. Executive Orders 12947 and 13099 provide this Administration with a tool for combating fundraising in this country on behalf

of organizations that use terror to undermine the Middle East

peace process. The orders make it harder for such groups to finance

these criminal activities by impeding their access to sources of support in the United States and to U.S. financial facilities. They are

also intended to reach charitable contributions to designated organizations and individuals to preclude diversion of such donations to

terrorist activities.

The Executive orders demonstrate the United States determination to confront and combat those who would seek to destroy the

Middle East peace process, and our commitment to the global fight

against terrorism. I shall continue to exercise the powers at my disposal to apply economic sanctions against extremists seeking to destroy the hopes of peaceful coexistence between Arabs and Israelis

as long as these measures are appropriate, and will continue to reVerDate 11-MAY-2000 23:37 Sep 07, 2000 Jkt 079011 PO 00000 Frm 00007 Fmt 6601 Sfmt 6601 E:\HR\OC\HD276.XXX pfrm02 PsN: HD276
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port periodically to the Congress on significant developments pursuant to 50 U.S.C. 1703(c).

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