U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–011 2000

106th Congress, 2d Session – – – – – – – – – – – – House Document 106–296

SIX MONTH PERIODIC REPORT ON THE NATIONAL

EMERGENCY WITH RESPECT TO THE NATIONAL

UNION FOR THE TOTAL INDEPENDENCE OF ANGOLA

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A REPORT ON DEVELOPMENTS CONCERNING THE NATIONAL

EMERGENCY WITH RESPECT TO THE NATIONAL UNION FOR

THE TOTAL INDEPENDENCE OF ANGOLA (UNITA) THAT WAS DECLARED IN EXECUTIVE ORDER 12865 OF SEPTEMBER 26, 1993,

PURSUANT TO 50 U.S.C. 1641(c)

SEPTEMBER 25, 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, 50 U.S.C. 1703(c), I transmit herewith

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

to the National Union for the Total Independence of Angola

(UNITA) that was declared in Executive Order 12865 of September

26, 1993.

WILLIAM J. CLINTON.

THE WHITE HOUSE, September 26, 2000.

(3)

PRESIDENT’S PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH

RESPECT TO THE NATIONAL UNION FOR THE TOTAL INDEPENDENCE

OF ANGOLA (UNITA)

I hereby report to the Congress on the developments since my

last report of March 27, 2000, concerning the national emergency

with respect to UNITA that was declared in Executive Order 12865

of September 26, 1993. 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,

50 U.S.C. 1703(c).

On September 26, 1993, I declared a national emergency with respect to the National Union for the Total Independence of Angola

(‘‘UNITA’’), invoking the authority, inter alia, of the International

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the

United Nations Participation Act of 1945 (22 U.S.C. 287c). Consistent with United Nations Security Council Resolution

(‘‘UNSCR’’) 864, dated September 15, 1993, the order prohibited

the sale or supply by U.S. persons or from the United States, or

using U.S.-registered vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles, equipment and spare parts, and petroleum and petroleum

products to the territory of Angola other than through designated

points of entry. The order also prohibited such sale or supply to

UNITA. U.S. persons are prohibited from activities which promote

or are calculated to promote such sales or supplies, or from attempted violations, or from evasion or avoidance or transactions

that have the purpose of evasion or avoidance, of the stated prohibitions. The order authorized the Secretary of the Treasury, in consultation with the Secretary of State, to take such actions, including the promulgation of rules and regulations, as might be necessary to carry out the purposes of the order.

1. On December 10, 1993, the Treasury Department’s Office of

Foreign Assets Control (‘‘OFAC’’) issued the UNITA (Angola) Sanctions Regulations, 31 C.F.R. part 590 (the ‘‘Regulations’’) (58 Fed.

Reg. 64904), to implement Executive Order 12865.

On August 28, 1997, the United Nations Security Council adopted UNSCR 1127, expressing its grave concern at the serious difficulties in the peace process, demanding that the Government of

Angola and in particular UNITA comply fully and completely with

those obligations, and imposing additional sanctions against

UNITA. Subsequently, on September 29, 1997, the Security Council

adopted UNSCR 1130 postponing the effective date of measures

specified by UNSCR 1127 until 12:01 a.m. EST, October 30, 1997.

On December 12, 1997, I issued Executive Order 1309 to implement in the United States the provisions of UNSCRs 1127 and

1130 (62 Fed. Reg. 65989, December 16, 1997), placing additional

sanctions on UNITA. Effective 12:01 a.m. EST on December 15,

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1997, Executive Order 13069 closed all UNITA offices in the

United States and prohibited various aircraft-related transactions.

Specifically, section 2(a) of Executive Order 13069 prohibits the

sale, supply, or making available in any form by U.S. persons, or

from the United States or using U.S.-registered vessels or aircraft,

of aircraft or aircraft components, regardless of their origin, to the

territory of Angola, other than through designated points of entry,

or to UNITA. Section 2(b) prohibits the insurance, engineering, or

servicing of UNITA aircraft by U.S. persons or from the United

States. Section 2(c) prohibits the granting of take-off, landing, or

overflight permission to any aircraft on flights or continuations of

flights to or from the territory of Angola other than to or from designated places in Angola. Section 2(d) prohibits the provision of engineering and maintenance servicing, the certification of airworthiness, the payment of new insurance claims against existing insurance contracts, and the provision, renewal, or making available of

direct insurance by a U.S. person or from the United States with

respect to any aircraft registered in Angola, except designated aircraft, and with respect to any aircraft that has entered the territory of Angola other than through designated points of entry.

On August 18, 1998, I issued Executive Order 13098 (63 Fed.

Reg. 44771, August 20, 1998), placing further sanctions on UNITA,

taking into account the provisions of United Nations Security

Council Resolutions 1173 of June 12, 1998, and 1176 of June 24,

1998. These additional sanctions went into effect at 12:01 a.m. EDT

on August 19, 1998. Section 1 of Executive Order 13098 blocks all

property and interests is property of UNITA, designated senior

UNITA officials, and designated adult members of their immediate

families if the property or property interests are in the United

States, hereafter come within the United States, or are or hereafter

come within the possession or control of U.S. persons. Section 2 of

Executive Order 13098 prohibits the importation into the United

States of all diamonds exported from Angola that are not controlled

through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation (the ‘‘GURN’’). Section

2 also prohibits the sale or supply by U.S. persons or from the

United States or using U.S.-registered vessels or aircraft of equipment used in mining, and of motorized vehicles, watercraft, or

spare parts for motorized vehicles or watercraft, regardless of origin, to the territory of Angola other than through a designated

point of entry. Finally, section 2 prohibits the sale or supply by

U.S. persons or from the United States or using U.S.-registered

vessels or aircraft of mining services or ground or waterborne

transportation services, regardless of their origin, to persons in designated areas of Angola to which the GURN’s State administration

has not been extended.

On June 25, 1999, pursuant to Executive Order 13098, OFAC

amended Appendix A to 31 CFR chapter V, which contains the

names of blocked persons, specially designated nationals, specially

designated terrorists, foreign terrorist organizations, and specially

designated narcotics traffickers designated pursuant to the various

sanctions programs administered by OFAC. The amendment adds

to Appendix A the names of 10 individuals who have been determined to be senior officials of UNITA (64 Fed. Reg. 34991, June 30,

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1999). All property and interests in property of these individuals

that are in the United States, that come within the United States,

or that come within the control of U.S. persons are blocked. All

transactions by U.S. persons or within the United States in property or interests in property of these individuals are prohibited unless licensed by OFAC.

On August 12, 1999, OFAC amended the Regulations to implement Executive Orders 13069 and 13098 and to make technical

and conforming changes (64 Fed. Reg. 43924, August 12, 1999).

Since the amendments are extensive, Part 590 was reissued in its

entirety. Additional prohibitions, definitions, interpretive sections,

general licenses, and appendices were added to the Regulations to

reflect the new sanctions imposed in Executive Orders 13069 and

13098, and certain existing prohibitions were renumbered. Five

new appendices were added to the Regulations.

2. There have been no amendments to the UNITA (Angola) Sanctions Regulations since my last report.

3. OFAC has worked closely with the U.S. financial and exporting communities to assure a heightened awareness of the sanctions

against UNITA—through the dissemination of publications, seminars, and a variety of media, including via the Internet, fax-on-demand, special fliers, and computer bulletin board information initiated by OFAC and posted through the U.S. Department of Commerce and the U.S. Government Printing Office. No UNITA bank

accounts have been identified in U.S. banks. There have been two

recent attempts to transfer small amounts of funds in which

UNITA clearly had an interest; both transfers were blocked. In the

previous reporting period a U.S. financial institution refused to

process a suspect transaction. No licenses have been issued under

the program since my last report.

4. The expenses incurred by the federal government in the sixmonth period from March 26 through September 2, 2000 that are

directly attributable to the exercise of powers and authorities conferred by the declaration of a national emergency with respect to

UNITA are estimated at about $100,000, most of which represent

wage and salary costs for Federal personnel. Personnel costs were

largely centered in the Department of the Treasury (particularly in

the Office of Foreign Assets Control, the U.S. Customs Service, the

Office of the Under Secretary for Enforcement, and the Office of

the General Counsel) and the Departments of State (particularly

the Office of Southern African Affairs) and Commerce.

I will continue to report periodically to the Congress on significant developments, pursuant to 50 U.S.C. 1703(c).

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