HOUSE OF REPRESENTATIVES

1371

1995 T116.26

with respect to the National Union for

the Total Independence of Angola

(‘‘UNITA’’) is to continue in effect beyond September 26, 1995, to the Federal

Register for publication.

The circumstances that led to the

declaration on September 26, 1993, of a

national emergency have not been resolved. United Nations Security Council Resolution 864 (1993) continues to

oblige all Member States to maintain

sanctions. Discontinuation of the sanctions would have a prejudicial effect on

the Angolan peace process. For these

reasons, I have determined that it is

necessary to maintain in force the

broad authorities necessary to apply

economic pressure to UNITA.

WILLIAM J. CLINTON.

THE WHITE HOUSE, September 18, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

International Relations and ordered to

be printed (H. Doc. 104–116).

T116.26 MESSAGE FROM THE PRESIDENT—

NATIONAL EMERGENCY WITH RESPECT

TO IRAN

The SPEAKER pro tempore, Mr.

FOLEY, laid before the House a message from the President, which was

read as follows:

To the Congress of the United States:

I hereby report to the Congress on

developments concerning the national

emergency with respect to Iran that

was declared in Executive Order No.

12957 on March 15, 1995, and matters relating to Executive Order No. 12959 of

May 6, 1995. This report is submitted

pursuant to section 204(c) of the International Emergency Economic Powers

Act, 50 U.S.C. 1703(c) (IEEPA), and section 505(c) of the International Security and Development Cooperation Act

of 1985, 22 U.S.C. 2349aa–9(c). This report discusses only matters concerning

the national emergency with respect to

Iran that was declared in Executive

Order No. 12957 and matters relating to

Executive Order No. 12959.

1. On March 15, 1995, I issued Executive Order No. 12957 (60 Fed. Reg. 14615,

March 17, 1995) to declare a national

emergency with respect to Iran pursuant to IEEPA, and to prohibit the financing, management, or supervision

by United States persons of the development of Iranian petroleum resources.

This action was in response to actions

and policies of the Government of Iran,

including support for international terrorism, efforts to undermine the Middle East peace process, and the acquisition of weapons of mass destruction

and the means to deliver them. A copy

of the order was provided to the Congress by message dated March 15, 1995.

Following the imposition of these restrictions with regard to the development of Iranian petroleum resources,

Iran continued to engage in activities

that represent a threat to the peace

and security of all nations, including

Iran’s continuing support for international terrorism, its support for acts

that undermine the Middle East peace

process, and its intensified efforts to

acquire weapons of mass destruction.

On May 6, 1995, I issued Executive

Order No. 12959 to further respond to

the Iranian threat to the national security, foreign policy, and economy of

the United States.

Executive Order No. 12959 (60 Fed.

Reg. 24757, May 9, 1995) (1) prohibits exportation from the United States to

Iran or to the Government of Iran of

goods, technology, or services; (2) prohibits the reexportation of certain U.S.

goods and technology to Iran from

third countries; (3) prohibits transactions such as brokering and other

dealing by United States persons in

goods and services of Iranian origin or

owned or controlled by the Government of Iran; (4) prohibits new investments by United States persons in Iran

or in property owned or controlled by

the Government of Iran; (5) prohibits

U.S. companies and other United

States persons from approving, facilitating, or financing performance by a

foreign subsidiary or other entity

owned or controlled by a United States

person of transactions that a United

States person is prohibited from performing; (6) continues the 1987 prohibition on the importation into the

United States of goods and services of

Iranian origin; (7) prohibits any transaction by any United States person or

within the United States that evades

or avoids or attempts to violate any

prohibition of the order; and (8) allowed U.S. companies a 30-day period

in which to perform trade transactions

pursuant to contracts predating the

Executive order.

In Executive Order No. 12959, I directed the Secretary of the Treasury to

authorize through licensing certain

transactions, including transactions by

United States persons related to the

Iran-United States Claims Tribunal in

The Hague, established pursuant to the

Algiers Accords, and other international obligations and United States

Government functions. Such transactions also include the export of agricultural commodities pursuant to preexisting contracts consistent with section 5712(c) of title 7, United States

Code. I also directed the Secretary of

the Treasury, in consultation with the

Secretary of State, to consider authorizing United States persons through

specific licensing to participate in market-based swaps of crude oil from the

Caspian Sea area for Iranian crude oil

in support of energy projects in Azerbaijan, Kazahkstan, and Turkemenistan.

Executive Order No. 12959 revokes

sections 1 and 2 of Executive Order No.

12613 of October 29, 1987, and sections 1

and 2 of Executive Order No. 12957 of

March 15, 1995, to the extent they are

inconsistent with it. A copy of Executive Order No. 12959 was transmitted to

the President of the Senate and Speaker of the House by letter dated May 6,

1995.

2. In its implementation of the sanctions imposed against Iran pursuant to

Executive Order No. 12959, the Office of

Foreign Assets Control (FAC) of the

Department of the Treasury has issued

12 general licenses and 2 general notices authorizing various transactions

otherwise prohibited by the Executive

order or providing statements of licensing policy. In order to ensure the

widest dissemination of the general licenses and general notices in advance

of promulgation of amended regulations, FAC published them in the Federal Register on August 10, 1995 (60 Fed.

Reg. 40881). In addition, FAC disseminated this information by its traditional methods such as electronic bulletin boards, FAX, and mail. Copies of

these general licenses and general notices are attached to this report.

General License No. 1 described those

transactions which were authorized in

connection with the June 6, 1995 delayed effective date contained in Executive Order No. 12959 for trade transactions related to pre-May 7 trade contracts. General License No. 2 authorized payments to or from Iran under

certain circumstances and certain dollar clearing transactions involving Iran

by U.S. financial institutions. General

License No. 3 authorized the exportation of certain services by U.S. financial institutions with respect to accounts held for persons in Iran, the

Government of Iran, or entities owned

or controlled by the Government of

Iran. General License No. 3 also contained an annex identifying 13 Iranian

banks and 62 of their branches, agencies, representative offices, regional offices, and subsidiaries as owned or controlled by the Government of Iran.

General License No. 4 authorized (1) domestic transactions involving Iranianorigin goods already within the United

States except for transactions involving the Government of Iran or an entity owned or controlled by the Government of Iran, and (2) transactions by

United States persons necessary to effect the disposition of Iranian-origin

goods or services located or to be performed outside the United States, provided that they were acquired by that

United States person in transactions

not prohibited by the order or by 31

C.F.R. Part 560, that such disposition

does not result in the importation of

these goods or services into the United

States, and that such transactions are

completed prior to August 6, 1995. General License No. 5 authorized the importation into the United States of information and informational materials, confirmed the exemption of such

information from the ban on exportation from the United States, and set

forth a licensing policy for the exportation of equipment necessary to establish news wire feeds or other transmissions of information. General License No. 6 authorized the importation

into the United States and the exportation to Iran of diplomatic pouches

and their contents. General License

No. 7 provided a statement of licensing

policy for consideration, on a case-bycase basis, to authorize the establishment and operation of news organization offices in Iran by U.S. organiza-
JOURNAL OF THE

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T116.27 SEPTEMBER 18

tions whose primary purpose is the

gathering and dissemination of news to

the general public. General License No.

8 authorized transactions in connection

with the exportation of agricultural

commodities pursuant to pre-May 7

trade contracts provided that the

terms of such contract require delivery

of the commodity prior to February 2,

1996. General License No. 9 authorized

import, export, and service transactions necessary to the conduct of official business by the missions of the

Government of Iran to international

organizations and the Iranian Interests

Section of the Embassy of Pakistan in

the United States. General License No.

10 provided a statement of licensing

policy with respect to transactions incident to the resolution of disputes between the United States or U.S. nationals and the Government of Iran in

international tribunals and domestic

courts in the United States and abroad.

General License No. 11 authorized the

exportation of household goods and

personal effects for persons departing

from the United States to relocate in

Iran. General License No. 12 authorized

the provision of certain legal services

to the Government of Iran or to a person in Iran and the receipt of payment

therefor under certain circumstances.

General Notice No. 1 described information required in connection with an

application for a specific license to

complete the performance of pre-May 7

trade contracts prior to August 6, 1995

(except with respect to agricultural

commodities as provided by General

License No. 8). General Notice No. 2 indicated that the Department of the

Treasury had authorized the U.S. agencies of Iranian banks to complete,

through December 29, 1995, transactions for U.S. exporters involving

letters of credit, which they issued,

confirmed, or advised prior to June 6,

1995, provided that the underlying export was completed in accordance with

the terms of General License No. 1 or a

specific license issued to the exporter

by FAC. General Notice No. 2 also

noted that the U.S. agencies of the Iranian banks were authorized to offer

discounted advance payments on deferred payment letters of credit, which

they issued, conformed, or advised, provided that the same criteria are met.

3. The Iranian Transactions Regulations, 31 CFR Part 560 (the ‘‘ITR’’),

have been comprehensively amended to

implement the provisions of Executive

Orders No. 12957 and No. 12959. The

amended ITR were issued by FAC on

September 11, 1995 (60 Fed. Reg. 47061–

74) and incorporate, with some modifications, the General Licenses cited

above. A copy of the amended regulations is attached to this report.

4. In consultation with the Department of State, FAC reviewed applications for specific licenses to permit

continued performance of trade contracts entered into prior to May 7, 1995.

It issued more than 100 such licenses

allowing performance to continue up to

August 6, 1995.

5. The expenses incurred by the Federal Government in the 6-month period

from March 15 through September 14,

1995, that are directly attributable to

the exercise of powers and authorities

conferred by the declaration of a national emergency with respect to Iran

are approximately $875,000, most of

which represents wage and salary costs

for Federal personnel. Personnel costs

were largely centered in the Department of the Treasury (particularly in

the Office of Foreign Assets Control,

the Customs Service, the Office of the

Under Secretary for Enforcement, and

the Office of the General Counsel), the

Department of State (particularly the

Bureau of Economic and Business Affairs, the Bureau of Near Eastern Affairs, the Bureau of Politico-Military

Affairs, and the Office of the Legal Adviser), and the Department of Commerce (the Bureau of Export Administration and the General Counsel’s Office).

6. The situation reviewed above continues to involve important diplomatic, financial, and legal interests of

the United States and its nationals and

presents an extraordinary and unusual

threat to the national security, foreign

policy, and economy of the United

States. The declaration of the national

emergency with respect to Iran contained in Executive Order No. 12957 and

the comprehensive economic sanctions

imposed by Executive Order No. 12959

underscore the United States Government’s opposition to the action and

policies of the Government of Iran, particularly its support of international

terrorism and its efforts to acquire

weapons of mass destruction and the

means to deliver them. The Iranian

Transactions Regulations issued pursuant to Executive Order No. 12957 and

No. 12959 continue to advance important objectives in promoting the nonproliferation and antiterrorism policies

of the United States. I shall exercise

the powers at my disposal to deal with

these problems and will report periodically to the Congress on significant developments.

WILLIAM J. CLINTON.

THE WHITE HOUSE, September 18, 1995.

By unanimous consent, the message,

together with the accompanying papers, was referred to the Committee on

International Relations and ordered to

be printed (H. Doc. 104–117).

T116.27 MESSAGE FROM THE

PRESIDENT—NATIONAL EMERGENCY

WITH RESPECT TO ANGOLA

The SPEAKER pro tempore, Mr.

FOLEY, laid before the House a message from the President, which was

read as follows:

To the Congress of the United States:

I hereby report to the Congress on

the developments since March 26, 1995,

concerning the national emergency

with respect to Angola that was declared in Executive Order No. 12865 of

September 26, 1993. This report is submitted pursuant to section 401(c) of the

National Emergencies Act, (50 U.S.C.

1641(c), and section 204(c) of the International Emergency Economic Powers

Act, 50 U.S.C. 1703(c).

On September 26, 1993, I declared a

national emergency with respect to

Angola, invoking the authority, inter

alia, of the International Emergency

Economic Powers Act (50 U.S.C. 1701 et

seq.) and the United Nations Participation Act of 1945 (22 U.S.C. 287c). Consistent with United Nations Security

Council Resolution 864, dated September 15, 1993, the order prohibited

the sale or supply by United States

persons or from the United States, or

using U.S.-registered vessels or aircraft, of arms and related materiel of

all types, including weapons and ammunition, military vehicles, equipment

and spare parts, and petroleum and petroleum products to the territory of

Angola other than through designated

points of entry. The order also prohibited such sale or supply to the National

Union for the Total Independence of

Angola (‘‘UNITA’’). United States persons are prohibited from activities that

promote or are calculated to promote

such sales or supplies, or from attempted violations, or from evasion or

avoidance or transactions that have

the purpose of evasion or avoidance, of

the stated prohibitions. The order authorized the Secretary of the Treasury,

in consultation with the Secretary of

State, to take such actions, including

the promulgation of rules and regulations, as might be necessary to carry

out the purposes of the order.

1. On December 10, 1993, the Treasury

Department’s Office of Foreign Assets

Control (‘‘FAC’’) issued the UNITA

(Angola) Sanctions Regulations (the

‘‘Regulations’’) (58 Fed. Reg. 64904) to

implement the President’s declaration

of a national emergency and imposition of sanctions against Angola

(UNITA). There have been no amendments to the Regulations since my report of March 27, 1995.

The Regulations prohibit the sale or

supply by United States persons or

from the United States, or using U.S.-

registered vessels or aircraft, of arms

and related materiel of all types, including weapons and ammunition,

military vehicles, equipment and spare

parts, and petroleum and petroleum

products to UNITA or to the territory

of Angola other than through designated points. United States persons

are also prohibited from activities that

promote or are calculated to promote

such sales or supplies to UNITA or Angola, or from any transaction by any

United States persons that evades or

avoids, or has the purpose of evading or

avoiding, or attempts to violate, any of

the prohibitions set forth in the Executive order. Also prohibited are transactions by United States persons, or involving the use of U.S.-registered vessels or aircraft, relating to transportation to Angola or UNITA of goods the

exportation of which is prohibited.

The Government of Angola has designated the following points of entry as

points in Angola to which the articles

otherwise prohibited by the Regula-