U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

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

(1)

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

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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.

(3)

NOTICE

CONTINUATION OF EMERGENCY WITH RESPECT TO THE FEDERAL RE- PUBLIC 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

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‘‘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

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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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