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[House Document 107-75]
[From the U.S. Government Publishing Office]

                                     

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
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, decade-long 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 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.
                            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 
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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