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[House Document 107-76]
[From the U.S. Government Publishing Office]

                                     

107th Congress, 1st Session - - - - - - - - - - - - - House Document 107-76

 
 EXTENSION OF NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL REPUBLIC 
           OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND KOSOVO

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 NOTIFICATION THAT THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO THE 
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) IN 1992 AND WITH 
RESPECT TO KOSOVO IN 1998 ARE TO CONTINUE BEYOND MAY 30, 2001, AND JUNE 
          9, 2001, RESPECTIVELY, PURSUANT TO 50 U.S.C. 1622(d)

    May 25, 2001.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    Section 202(d) of the National Emergencies Act (50 U.S.C. 
1622(d)), provides for the automatic termination of a national 
emergency unless, prior to the anniversary date of its 
declaration, the President publishes in the Federal Register 
and transmits to the Congress a notice stating that the 
emergency is to continue in effect beyond the anniversary date. 
I have sent the enclosed notice to the Federal Register for 
publication, stating that the national emergencies declared 
with respect to the Federal Republic of Yugoslavia (Serbia and 
Montenegro) (the ``FRY (S&M)'') in 1992 and with respect to 
Kosovo in 1998, are to continue beyond May 30, 2001, and June 
9, 2001, respectively. The most recent notice continuing these 
emergencies was published in the Federal Register on May 26, 
2000.
    With respect to the 1992 national emergency, on December 
27, 1995, President Clinton issued Presidential Determination 
96-7, directing the Secretary of the Treasury, inter alia, to 
suspend the application of sanctions imposed on the FRY (S&M) 
and to continue to block property previously blocked until 
provision is made to address claims or encumbrances, including 
the claims of the other successor states of the former 
Yugoslavia. This sanctions relief, in conformity with United 
Nations Security Council Resolution 1022 of November 22, 1995 
(hereinafter the ``Resolution''), was an essential factor 
motivating Serbia and Montenegro's acceptance of the General 
Framework Agreement for Peace in Bosnia and Herzegovina 
initialed in Dayton on November 21, 1995, and signed in Paris 
on December 14, 1995 (hereinafter the ``Peace Agreement'').
    Sanctions against both the FRY (S&M) and the Bosnian Serbs 
were subsequently terminated by United Nations Security Council 
Resolution 1074 of October 1, 1996. This termination, however, 
did not end the requirement of the Resolution that those 
blocked funds and assets that are subject to claims and 
encumbrances remain blocked, until unblocked in accordance with 
applicable law.
    Until the status of all remaining blocked property is 
resolved, the Peace Agreement implemented, and the terms of the 
Resolution met, this situation continues to pose an unusual and 
extraordinary threat to the national security, foreign policy, 
and economy of the United States. For these reasons, I have 
determined that the 1992 emergency, and the measures adopted 
pursuant thereto, must continue beyond May 30, 2001.
    With respect to the 1998 national emergency regarding 
Kosovo, on January 17, 2001, President Clinton issued Executive 
Order 13192 in view of the peaceful democratic transition begun 
in the FRY (S&M); the continuing need to promote full 
implementation of United Nations Security Council Resolution 
827 of May 25, 1993, and subsequent resolutions calling for all 
states to cooperate fully with the International Criminal 
Tribunal for the former Yugoslavia (ICTY); 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 the continuing threat 
to regional stability and implementation of the Peace 
Agreement. The order lifts and modifies, with respect to future 
transactions, most of the economic sanctions imposed against 
the FRY (S&M) in 1998 and 1999 with regard to the situation in 
Kosovo. At the same time, the order imposes restrictions on 
transactions with certain persons described in section 1(a) of 
the order, namely Slobodan Milosevic, his close associates and 
persons under open indictment for war crimes by ICTY. The order 
also provides for the continued blocking of property or 
interests in property blocked prior to the order's effective 
date due to the need to address claims or encumbrances 
involving such property.
    Because the crisis with respect to the situation in Kosovo 
and with respect to Slobodan Milosevic, his close associates 
and supporters and persons under open indictment for war crimes 
by ICTY has not been resolved, and because the status of all 
previously blocked property has yet to be resolved, this 
situation continues to pose an unusual and extraordinary threat 
to the national security and foreign policy of the United 
States. For these reasons, I have determined that the emergency 
declared with respect to Kosovo, and the measures adopted 
pursuant thereto, must continue beyond June 9, 2001.
                                                    George W. Bush.
    The White House, May 24, 2001.
                                 Notice

                              ----------                              

   Continuation of Emergency With Respect to the Federal Republic of 
    Yugoslavia (Serbia and Montenegro) the Bosnian Serbs, and Kosovo

    In accordance with section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year 
the national emergency declared on May 30, 1992, with respect 
to the Federal Republic of Yugoslavia (Serbia and Montenegro) 
(the ``FRY (S&M)''), as expanded on October 25, 1994, in 
response to the actions and policies of the Bosnian Serbs. In 
addition, I am continuing for 1 year the national emergency 
declared on June 9, 1998, with respect to the FRY (S&M)'s 
policies and actions in Kosovo. This notice shall be published 
in the Federal Register and transmitted to the Congress.
    On May 30, 1992, by Executive Order 12808, President Bush 
declared a national emergency to deal with the unusual and 
extraordinary threat to the national security, foreign policy, 
and economy of the United States constituted by the actions and 
policies of the Governments of Serbia and Montenegro, blocking 
all property and interests in property of those Governments. 
President Bush took additional measures to prohibit trade and 
other transactions with the FRY (S&M) by Executive Orders 12810 
and 12831, issued on June 5, 1992, and January 15, 1993, 
respectively, and on April 25, 1993, President Clinton issued 
Executive Order 12846 imposing additional measures.
    On October 25, 1994, President Clinton expanded the scope 
of the national emergency by issuing Executive Order 12934 to 
address the unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States 
posed by the actions and policies of the Bosnian Serb forces 
and the authorities in the territory that they controlled 
within Bosnia and Herzegovina.
    On December 27, 1995, President Clinton issued Presidential 
Determination 96-7, directing the Secretary of the Treasury, 
inter alia, to suspend the application of sanctions imposed on 
the FRY (S&M) pursuant to the above-referenced Executive Orders 
and to continue to block property previously blocked until 
provision is made to address claims or encumbrances, including 
the claims of the other successor states of the former 
Yugoslavia. This sanctions relief, in conformity with United 
Nations Security Council Resolution 1022 of November 22, 1995 
(hereinafter the ``Resolution''), was an essential factor 
motivating the FRY (S&M)'s acceptance of the General Framework 
Agreement for Peace in Bosnia and Herzegovina initialed by the 
parties in Dayton on November 21, 1995, and signed in Paris on 
December 14, 1995 (hereinafter the ``Peace Agreement''). The 
sanctions imposed on the FRY (S&M) were accordingly suspended 
prospectively, effective January 16, 1996. Sanctions imposed on 
the Bosnian Serb forces and authorities and on the territory 
that they controlled within Bosnia and Herzegovina were 
subsequently suspended prospectively, effective May 10, 1996, 
also in conformity with the Peace Agreement and the Resolution. 
Sanctions against both the FRY (S&M) and the Bosnian Serbs were 
subsequently terminated by United Nations Security Council 
Resolution 1074 of October 1, 1996. This termination, however, 
did not end the requirement of the Resolution that those 
blocked funds and assets that are subject to claims and 
encumbrances remain blocked, until unblocked in accordance with 
applicable law.
    Until the status of all remaining blocked property is 
resolved, the Peace Agreement implemented, and the terms of the 
Resolution met, the national emergency declared on May 30, 
1992, as expanded in scope on October 25, 1994, and the 
measures adopted pursuant thereto to deal with that emergency, 
must continue beyond May 30, 2001.
    On June 9, 1998, by Executive Order 13088, President 
Clinton found that the actions and policies of the FRY (S&M) 
and the Republic of Serbia with respect to Kosovo, by promoting 
ethnic conflict and human suffering, threatened to destabilize 
countries in the region and to disrupt progress in Bosnia and 
Herzegovina in implementing the Peace Agreement, constituted an 
unusual and extraordinary threat to the national security and 
foreign policy of the United States. President Clinton 
therefore declared a national emergency to deal with that 
threat. On April 30, 1999, President Clinton issued Executive 
Order 13121 to take additional steps with respect to the 
continuing human rights and humanitarian crisis in Kosovo and 
the national emergency declared with respect to Kosovo.
    On January 17, 2001, President Clinton issued Executive 
Order 13192 in view of the peaceful democratic transition begun 
in the FRY (S&M); the continuing need to promote full 
implementation of United Nations Security Council Resolution 
827 of May 25, 1993, and subsequent resolutions calling for all 
states to cooperate fully with the International Criminal 
Tribunal for the former Yugoslavia (ICTY); 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 the continuing threat 
to regional stability and implementation of the Peace 
Agreement. Executive Order 13192 amends Executive Order 13088 
to lift and modify, with respect to future transactions, most 
of the economic sanctions imposed against the FRY (S&M). At the 
same time, Executive Order 13192 imposes restrictions on 
transactions with certain persons described in section 1(a) of 
the order, namely Slobodan Milosevic, his close associates and 
supporters and persons under open indictment for war crimes by 
the ICTY. The Executive Order also provides for the continued 
blocking of property or interests in property blocked prior to 
the order's effective date due to the need to address claims or 
encumbrances involving such property.
    Because the crisis with respect to the situation in Kosovo 
and with respect to Slobodan Milosevic, his close associates 
and supporters and persons under open indictment for war crimes 
by ICTY has not been resolved, and because the status of all 
previously blocked property has yet to be resolved, I have 
determined that the national emergency declared on June 9, 
1998, and the measures adopted pursuant thereto to deal with 
that emergency, must continue beyond June 9, 2001.
                                                    George W. Bush.
    The White House, May 24, 2001.

                                
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