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[House Document 107-91]
[From the U.S. Government Publishing Office]

                                     

107th Congress, 1st Session - - - - - - - - - - - - - House Document 
107-91

 
               DECLARATION OF A NATIONAL EMERGENCY WITH

                 RESPECT TO THE WESTERN BALKANS REGION

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS DECLARATION OF A NATIONAL EMERGENCY IN RESPONSE TO THE UNUSUAL AND 
EXTRAORDINARY THREAT POSED TO THE NATIONAL SECURITY AND FOREIGN POLICY 
  OF THE UNITED STATES BY ACTIONS OF PERSONS ENGAGED IN OR ASSISTING, 
 SPONSORING, OR SUPPORTING, EXTREMIST VIOLENCE IN THE FORMER YUGOSLAV 
    REPUBLIC OF MACEDONIA, SOUTHERN SERBIA, THE FEDERAL REPUBLIC OF 
YUGOSLAVIA, AND ELSEWHERE IN THE WESTERN BALKANS REGION, PURSUANT TO 50 
                             U.S.C. 1703(b)

    June 28, 2001.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
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 declare 
a national emergency in response to the unusual and 
extraordinary threat posed to the national security and foreign 
policy of the United States by (i) actions of persons engaged 
in, or assisting, sponsoring, or supporting, extremist violence 
in the former Yugoslav Republic of Macedonia, southern Serbia, 
the Federal Republic of Yugoslavia (FRY), and elsewhere in the 
Western Balkans region, and (ii) the actions of persons engaged 
in, or assisting, sponsoring, or supporting acts obstructing 
implementation of the Dayton Accords in Bosnia or United 
Nations Security Council Resolution 1244 of June 10, 1999, in 
Kosovo. The actions of these individuals and groups threaten 
the peace in or diminish the security and stability of the 
Western Balkans, undermine the authority, efforts, and 
objectives of the United Nations, the North Atlantic Treaty 
Organization (NATO), and other international organizations and 
entities present in those areas and the wider region, and 
endanger the safety of persons participating in or providing 
support to the activities of those organizations and entities, 
including United States military forces and Government 
officials. In order to deal with this threat, I have issued an 
Executive order blocking the property and interests in property 
of those persons determined to have undertaken the actions 
described above.
    The Executive order prohibits United States persons from 
transferring, paying, exporting, withdrawing, or otherwise 
dealing in the property or interests in property of persons I 
have identified in the Annex to the order or persons designated 
pursuant to the order by the Secretary of the Treasury, in 
consultation with the Secretary of State. Included among the 
activities prohibited by the order are the making or receiving 
by United States persons of any contribution or provision of 
funds, goods, or services to or for the benefit of any person 
designated in or pursuant to the order. In the Executive order, 
I also have made a determination pursuant to section 203(b)(2) 
of IEEPA that the operation of the IEEPA exemption for certain 
humanitarian donations from the scope of the prohibitions would 
seriously impair my ability to deal with the national 
emergency. Absent such a determination, such donations of the 
type specified in section 203(b)(2) of IEEPA could strengthen 
the position of individuals and groups that endanger the safety 
of persons participating in or providing support to the United 
Nations, NATO, and other international organizations or 
entities, including U.S. military forces and Government 
officials, present in the region. The Secretary of the 
Treasury, in consultation with the Secretary of State, is 
authorized to issue regulations in exercise of my authorities 
under IEEPA to implement the prohibitions set forth in the 
Executive order. All Federal agencies are also directed to take 
actions within their authority to carry out the provisions of 
the order, and, where appropriate, to advise the Secretary of 
the Treasury in a timely manner of the measures taken.
    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 
June 27, 2001.
    I have issued the order in response to recent developments 
in the former Yugoslav Republic of Macedonia, southern Serbia, 
and elsewhere in the Western Balkans region where persons have 
turned increasingly to the use of extremist violence, the 
incitement of ethnic conflict, and other obstructionist acts to 
promote irredentist or criminal agendas that have threatened 
the peace in and the stability and security of the region and 
placed those participating in or supporting international 
organizations, including U.S. military and Government 
personnel, at risk.
    In both Macedonia and southern Serbia, individuals and 
groups have engaged in extremist violence and other acts of 
obstructionism to exploit legitimate grievances of local ethnic 
Albanians. These groups include local nationals who fought with 
the Kosovo Liberation Army in 1998-99 and have used their 
wartime connections to obtain funding and weapons from Kosovo 
and the ethnic Albanian diaspora. Guerrilla attacks by some of 
these groups against police and soldiers in Macedonia threaten 
to bring down the democratically elected, multi-ethnic 
government of a state that has become a close friend and 
invaluable partner of NATO. In March 2001, guerrillas operating 
on the border between Kosovo and Macedonia attempted to fire 
upon U.S. soldiers participating in the international security 
presence in Kosovo known as the Kosovo Force (KFOR). Guerrilla 
leaders subsequently made public threats against KFOR.
    In southern Serbia, ethnic Albanian extremists have used 
the Ground Safety Zone (GSZ), originally intended as a buffer 
between KFOR and FRY/government of Serbia (FRY/GoS) forces, as 
a safe haven for staging attacks against FRY/GoS police and 
soldiers. Members of ethnic Albanian armed extremist groups in 
southern Serbia have on several occasions fired on Joint U.S.-
Russian KFOR patrols in Kosovo. NATO has negotiated the return 
of FRY/GoS forces to the GSZ, and facilitated negotiations 
between Belgrade authorities and ethnic Albanian insurgents and 
political leaders from southern Serbia. A small number of the 
extremist leaders have since threatened to seek vengeance on 
KFOR, including U.S. KFOR.
    Individuals and groups engaged in the activities described 
above have boasted falsely of having U.S. support, a claim that 
is believed by many in the region. They also have aggressively 
solicited funds from United States persons. These fund-raising 
efforts serve to fuel extremist violence and obstructionist 
activity in the region and are inimical to U.S. interests. 
Consequently, the Executive order I have issued is necessary to 
restrict any further financial or other support by United 
States persons for the persons designated in or pursuant to the 
order. The actions we are taking will demonstrate to all the 
peoples of the region and to the wider international community 
that the Government of the United States strongly opposes the 
recent extremist violence and obstructionist activity in 
Macedonia and southern Serbia and elsewhere in the Western 
Balkans. The concrete steps we are undertaking to block access 
by these groups and individuals to financial and material 
support will assist in restoring peace and stability in the 
Western Balkans region and help protect U.S. military forces 
and Government officials working towards that end.

                                                    George W. Bush.
    The White House, June 27, 2001.

    SUSPENSION OF ENTRY AS IMMIGRANTS AND NONIMMIGRANTS OF PERSONS 
   RESPONSIBLE FOR ACTIONS THAT THREATEN INTERNATIONAL STABILIZATION 
  EFFORTS IN THE WESTERN BALKANS, AND PERSONS RESPONSIBLE FOR WARTIME 
                       ATROCITIES IN THAT REGION

                              ----------                              

            By the President of the United States of America

                             a proclamation

    The United States has a vital interest in assuring peace 
and stability in Europe. In the Western Balkans, the United 
States is engaged, together with North Atlantic Treaty 
Organization Allies, the Organization for Security and 
Cooperation in Europe, United Nations missions, the European 
Union, and other international organizations in an effort to 
achieve peace, stability, reconciliation, and democratic 
development and to facilitate the region's integration into the 
European mainstream. The United States views full 
implementation of the Dayton Peace Accords in Bosnia and United 
Nations Security Council Resolution 1244 in Kosovo as critical 
to these efforts.
    In furtherance of these objectives, the United States has 
provided military, diplomatic, financial, and logistical 
support to international institutions established in the region 
and to civil and security authorities. The United States has a 
direct and significant interest in the success of such 
initiatives and in the safety of personnel involved in them, 
including numerous United States military and Government 
officials.
    In light of these objectives, I have determined that it is 
in the interests of the United States to restrict the entry 
into the United States of persons responsible for actions that 
threaten international stabilization efforts in the Western 
Balkans region, and of persons responsible for wartime 
atrocities committed in that region since 1991.
    Now, therefore, I, George W. Bush, President of the United 
States of America, by the authority vested in me by the 
Constitution and laws of the United States, including section 
212(f) of the Immigration and Nationality Act of 1952, as 
amended (8 U.S.C. 1182(f)), and section 301 of title 3, United 
States Code, hereby find that the unrestricted immigrant and 
nonimmigrant entry into the United States of persons described 
in section 1 of this proclamation would, except as provided for 
in sections 2 and 3 of this proclamation, be detrimental to the 
interests of the United States. I therefore hereby proclaim 
that:
    Section 1. The immigrant and nonimmigrant entry into the 
United States of the following persons is hereby suspended:
    (a) Persons who, through violent or other acts: (i) seek to 
obstruct the implementation of the Dayton Peace Accords (the 
``Dayton Agreements'') or United Nations Security Council 
Resolution 1244 of June 10, 1999; (ii) seek to undermine the 
authority or security of the United Nations Interim 
Administration Mission in Kosovo, the international security 
presence in Kosovo known as the Kosovo Force, the Office of the 
High Representative in Bosnia and Herzegovina, the 
international security presence in Bosnia known as the 
Stabilization Force, the Organization for Security and 
Cooperation in Europe, the International Criminal Tribunal for 
the former Yugoslavia, or other international organizations and 
entities present in the region pursuant to the Dayton Agreement 
or United Nations Security Council resolutions, including but 
not limited to Resolutions 827, 1031, and 1244; (iii) seek to 
intimidate or to prevent displaced persons or refugees from 
returning to their places of residence in any area or state of 
the Western Balkans region; or (iv) otherwise seek to undermine 
peace, stability, reconciliation, or democratic development in 
any area or state of the Western Balkans region.
    (b) Persons who are responsible for directing, planning, or 
carrying out wartime atrocities, including but not limited to 
acts in furtherance of ``ethnic cleansing,'' committed in any 
area or state of the Western Balkans region since 1991.
    Sec. 2. Section 1 of this proclamation shall not apply with 
respect to any person otherwise covered by section 1 where 
entry of such person would not be contrary to the interest of 
the United States.
    Sec. 3. Persons covered by sections 1 and 2 of this 
proclamation shall be identified by the Secretary of State or 
the Secretary's designee, in his or her sole discretion, 
pursuant to such procedures as the Secretary may establish 
under section 5 of this proclamation.
    Sec. 4. Nothing in this proclamation shall be construed to 
derogate from United States Government obligations under 
applicable international agreements.
    Sec. 5. The Secretary of State shall have responsibility 
for implementing this proclamation pursuant to such procedures 
as the Secretary may establish.
    Sec. 6. This proclamation is effective immediately and 
shall remain in effect until such time as the Secretary of 
State determines that it is no longer necessary and should be 
terminated, either in whole or in part. The Secretary of State 
shall advise the Attorney General of such determination, which 
shall become effective upon publication in the Federal 
Register.
    In witness whereof, I have hereunto set my hand this 
twenty-sixth day of June, in the year of our Lord two thousand 
one, and of the Independence of the United States of America 
the two hundred and twenty-fifth.

                                                    George W. Bush.

                            Executive Order

                              ----------                              

 BLOCKING PROPERTY OF PERSONS WHO THREATEN INTERNATIONAL STABILIZATION 
                     EFFORTS IN THE WESTERN BALKANS

    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.), and section 301 of title 3, United States 
Code,
    I, George W. Bush, President of the United States of 
America, have determined that the actions of persons engaged 
in, or assisting, sponsoring, or supporting, (i) extremist 
violence in the former Yugoslav Republic of Macedonia, southern 
Serbia, the Federal Republic of Yugoslavia, and elsewhere in 
the Western Balkans region, or (ii) acts obstructing 
implementation of the Dayton Accords in Bosnia or United 
Nations Security Council Resolution 1244 of June 10, 1999, in 
Kosovo, threaten the peace in or diminish the security and 
stability of those areas and the wider region, undermine the 
authority, efforts, and objectives of the United Nations, the 
North Atlantic Treaty Organization (NATO), and other 
international organizations and entities present in those areas 
and the wider region, and endanger the safety of persons 
participating in or providing support to the activities of 
those organizations and entities, including United States 
military forces and Government officials. I find that such 
actions constitute an unusual and extraordinary threat to the 
national security and foreign policy of the United States, and 
hereby declare a national emergency to deal with that threat. I 
hereby order:
    Section 1. (a) Except to the extent provided in section 
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), 
and (4)), the Trade Sanctions Reform and Export Enhancement Act 
of 2000 (title IX, Public Law 106-387), and in regulations, 
orders, directives, or licenses that may hereafter be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior to the 
effective date, all property and interests in property of:
    (i) the persons listed in the Annex to this order; and
    (ii) persons designated by the Secretary of the Treasury, 
in consultation with the Secretary of State, because they are 
found:
    (A) to have committed, or to pose a significant risk of 
committing, acts of violence that have the purpose or effect of 
threatening the peace in or diminishing the stability or 
security of any area or state in the Western Balkans region, 
undermining the authority, efforts, or objections of 
international organizations or entities present in the region, 
or endangering the safety of persons participating in or 
providing support to the activities of those international 
organizations or entities, or,
    (B) to have actively obstructed, or to pose a significant 
risk of actively obstructing, implementation of the Dayton 
Accords in Bosnia or United Nations Security Council Resolution 
1244 in Kosovo, or
    (C) materially to assist in, sponsor, or provide financial 
or technological support for, or goods or services in support 
of, such acts of violence or obstructionism, or
    (D) to be owned or controlled by, or acting or purporting 
to act directly or indirectly for or on behalf of, any of the 
foregoing persons, that are or hereafter come within the United 
States, or that are or hereafter come within the possession or 
control of United States persons, are blocked and may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in.
    (b) I hereby determine that the making of donations of the 
type specified in section 203(b)(2) of IEEPA (50 U.S.C. 
1702(b)(2)) by United States persons to persons designated in 
or pursuant to paragraph (a) of this section would seriously 
impair my ability to deal with the national emergency declared 
in this order. Accordingly, the blocking of property and 
interests in property pursuant to paragraph (a) of this section 
includes, but is not limited to, the prohibition of the making 
by a United States person of any such donation to any such 
designated person, except as otherwise authorized by the 
Secretary of the Treasury.
    (c) The blocking of property and interests in property 
pursuant to paragraph (a) of this section includes, but is not 
limited to, the prohibition of the making or receiving by a 
United States person of any contribution or provision of funds, 
goods, or services to or for the benefit of a person designated 
in or pursuant to paragraph (a) of this section.
    Sec. 2. Any transaction by a United States person 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 the 
prohibitions of this order is prohibited.
    Sec. 3. For the purposes of this order:
    (a) The term ``person'' means an individual or entity;
    (b) The term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization; and
    (c) The term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States.
    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 me by IEEPA, 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 and, where 
appropriate, to advise the Secretary of the Treasury in a 
timely manner of the measures taken.
    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 eastern 
daylight time on June 27, 2001;
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.

                                                    George W. Bush.
    The White House, June 26, 2001.

                                
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