U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – – House Document 107–75

NATIONAL EMERGENCY WITH RESPECT TO LIBERIA

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

NOTIFICATION THAT HE HAS EXERCISED THE AUTHORITY GRANTED TO HIM TO ISSUE AN EXECUTIVE ORDER THAT PROHIBITS

THE IMPORTATION INTO THE UNITED STATES OF ALL ROUGH

DIAMONDS ORIGINATED IN LIBERIA, WHETHER OR NOT SUCH

DIAMONDS ORIGINATED IN LIBERIA, PURSUANT TO 50 U.S.C.

1703(b)

MAY 24, 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:

Pursuant to section 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and section 301 of

the National Emergencies Act, 50 U.S.C. 1631, I hereby report that

I have exercised my statutory authority to expand the scope of an

existing national emergency in response to the unusual and extraordinary threat posed to the foreign policy of the United States

by the Government of Liberia’s complicity in the illicit trade in diamonds from Sierra Leone by the insurgent Revolutionary United

Front of Sierra Leone (RUF) and by the Government of Liberia’s

other forms of support for the RUF. I also have exercised my statutory authority to issue an Executive Order that prohibits the importation into the United States of all rough diamonds from Liberia, whether or not such diamonds originated in Liberia. These actions are mandated in part by United Nations Security Council

Resolution 1343 of March 7, 2001.

The Secretary of the Treasury, in consultation with the Secretary

of State, is authorized to issue regulations in exercise of my authorities under the IEEPA and the United Nations Participation

Act, 22 U.S.C. 287c, to implement this prohibition. All Federal

agencies are also directed to take actions within their authority to

carry out the provisions of the Executive Order.

I am enclosing a copy of the Executive Order I have issued. The

Order was effective at 12:01 a.m. eastern daylight time on May 23,

2001.

I have authorized these measures in furtherance of Executive

Order 13194 of January 18, 2001, and in response to the Government of Liberia’s continuing facilitation of and participation in the

RUF’s illicit trade in diamonds from Sierra Leone and its other

forms of support for the RUF. The Government of Liberia’s actions

in this regard constitute an unusual and extraordinary threat to

the foreign policy of the United States because they directly challenge United States foreign policy objectives in the region and the

rule-based international order that is crucial to the peace and prosperity of the United States.

In Executive Order 13194, President Clinton responded to the

RUF’s illicit arms-for-diamonds trade that fuels the brutal, decadelong civil war in Sierra Leone by declaring a national emergency

and, consistent with United Nations Security Council Resolution

1306, by prohibiting the importation into the United States of all

rough diamonds from Sierra Leone except for those importations

controlled through the certificate of origin regime of the Government of Sierra Leone. In a report issued on December 14, 2000, the

United Nations Panel of Experts established pursuant to resolution

1306 found that diamonds represent a major and primary source

of income for the RUF to sustain and advance its military activities; that the bulk of the RUF diamonds leaves Sierra Leone

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through Liberia; and that such illicit trade cannot be conducted

without the permission and involvement of Liberian government officials at the highest levels. The Panel recommended, among other

things, a complete embargo on all diamonds from Liberia until Liberia demonstrates convincingly that it is no longer involved in the

trafficking of arms to, or diamonds from, Sierra Leone.

On March 7, 2001, the Security Council unanimously adopted

resolution 1343 to impose sanctions against the Government of Liberia. The resolution determine that the Government of Liberia’s

active support for the RUF in Sierra Leone and other armed rebel

groups in neighboring countries constitutes a threat to international peace and security in the region and decided that all

states shall impose an immediate arms embargo on Liberia and

also shall impose travel and diamond bans on Liberia on May 7,

2001, unless the Council determined before that date that the Government of Liberia had ceased its support for the RUF and for

other armed rebel groups and, in particular, had taken a number

of concrete steps identified in the resolution. In furtherance of this

resolution, the Secretaries of State, Commerce, and Defense have

taken steps, under their respective authorities, to implement the

arms embargo.

With regard to the travel ban and diamond embargo, the Government of Liberia has failed, notwithstanding the two-month implementation period granted by resolution 1343, to honor its commitments to cease its support for the RUF and other armed rebel

groups. As a result, the Security Council did not determine that Liberia has complied with the demands of the Council.

In Proclamation 7359 of October 10, 2000, President Clinton suspended the entry as immigrants and nonimmigrants of persons

who plan, engage in, or benefit from activities that support the

RUF or that otherwise impede the peace process in Sierra Leone.

The application of that Proclamation implements the travel ban imposed by resolution 1343.

Finally, for the reasons discussed above and in the enclosed Executive Order, I also have found that the Government of Liberia’s

continuing facilitation of and participation in the RUF’s illicit trade

in diamonds from Sierra Leone and its other forms of support for

the RUF contribute to the unusual and extraordinary threat to the

foreign policy of the United States described in Executive Order

13194 with respect to which the President declared a national

emergency. In order to deal with that threat, and consistent with

resolution 1343 and this finding, I have taken action to prohibit the

importation into the United States of all rough diamonds from Liberia, whether or not such diamonds originated there, in order to

contribute to the international effort to bring a prompt end to the

illicit arms-for-diamonds trade by which the RUF perpetuates the

tragic conflict in Sierra Leone. This action, as well as those discussed above, also expresses our outrage at the Government of Liberia’s ongoing contribution to human suffering in Sierra Leone

and other neighboring countries, as well as its continuing failure

to bide by international norms and the rule of law.

GEORGE W. BUSH.

THE WHITE HOUSE, May 23, 2001.

(3)

EXECUTIVE ORDER

Additional Measures With Respect to Prohibiting the Importation of

Rough Diamonds From Sierra Leone

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.),

section 5 of the United Nations Participation Act of 1945, as

amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,

United States Code, and in view of the national emergency described and declared in Executive Order 13194 of January 18,

2001, and United Nations Security Council Resolutions 1306 of

July 5, 2000, and 1343 of March 7, 2001,

I, GEORGE W. BUSH, President of the United States of America, take note that in Executive Order 13194, the President responded to, among other things, the insurgent Revolutionary

United Front’s (RUF) illicit trade in diamonds to fund its operations in the civil war in Sierra Leone by declaring a national

emergency and, consistent with United Nations Security Council

Resolution 1306, by prohibiting the importation into the United

States of all rough diamonds from Sierra Leone except for those

importations controlled through the Certificate of Origin regime of

the Government of Sierra Leone. United Nations Security Council

Resolution 1343 takes note that the bulk of RUF diamonds leaves

Sierra Leone through Liberia and that such illicit trade cannot be

conducted without the permission and involvement of Liberian government officials at the highest levels; determines that the active

support provided by the Government of Liberia for the RUF and

other armed rebel groups in neighboring countries constitutes a

threat to international peace and security in the region; and decides that all states shall take the necessary measures to prevent

the importation of all rough diamonds from Liberia, whether or not

such diamonds originated in Liberia. The Government of Liberia’s

complicity in the RUF’s illicit trade in diamonds and its other

forms of support for the RUF are direct challenges to United States

foreign policy objectives in the region as well as to the rule-based

international order that is crucial to the peace and prosperity of

the United States. Therefore, I find these actions by the Government of Liberia contribute to the unusual and extraordinary threat

to the foreign policy of the United States described in Executive

Order 13194 with respect to which the President declared a national emergency. In order to deal with that threat and to ensure

further that the direct or indirect importation into the United

States of rough diamonds from Sierra Leone will not contribute financial support to further aggressive actions by the RUF or to the

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RUF’s procurement of weapons; to implement United Nations Security Council Resolution 1343; and to counteract, among other

things, the Government of Liberia’s facilitation of and participation

in the RUF’s illicit trade in diamonds through Liberia, I hereby

order the following additional measures be taken with respect to

prohibiting the importation of rough diamonds from Sierra Leone:

Section 1. Except to the extent provided in regulations, orders,

directives, or licenses issued pursuant to this order, and notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into

or any license or permit granted prior to the effective date of this

order, the direct or indirect importation into the United States of

all rough diamonds from Liberia, whether or not such diamonds

originated in Liberia, on or after the effective date of this order is

prohibited.

Sec. 2. Any transaction by a United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set forth

in this order is prohibited. Any conspiracy formed to violate any of

the prohibitions set forth in this order is prohibited.

Sec. 3. The definitions contained in section 4 of Executive Order

13194 apply to the terms used in this order.

Sec. 4. The Secretary of the Treasury, in consultation with the

Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ

all powers granted to the President by IEEPA and UNPA, as may

be necessary to carry out the purposes of this order. The Secretary

of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government. All agencies of

the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order, including modification, suspension, or termination of licenses or authorizations in effect as of the date of this

order.

Sec. 5. This order is not intended to create, nor does it create,

any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m. eastern daylight

time on May 23, 2001.

(b) This order shall be transmitted to the Congress and published

in the Federal Register.

GEORGE W. BUSH.

THE WHITE HOUSE, May 22, 2001.

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