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69–011 1999

106th Congress, 1st Session – – – – – – – – – – – – – House Document 106–90

A RESPONSE TO THE ACTIONS AND POLICIES OF THE

AFGHAN TALIBAN

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT

TO THE THREAT TO THE UNITED STATES POSED BY THE ACTIONS AND POLICIES OF THE AFGHAN TALIBAN AND AN EXECUTIVE ORDER TO DEAL WITH THIS THREAT, PURSUANT TO 50

U.S.C. 1703(b)

JULY 12, 1999.—Referred to the Committee on International Relations and

ordered to be printed

(1)

THE WHITE HOUSE,

Washington, July 4, 1999.

Hon. J. DENNIS HASTERT,

Speaker of the House of Representatives,

Washington, DC.

DEAR MR. SPEAKER: Pursuant to section 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b) 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 with respect to the threat to the United

States posed by the actions and policies of the Afghan Taliban and

have issued an executive order to deal with this threat.

The actions and policies of the Afghan Taliban pose an unusual

and extraordinary threat to the national security and foreign policy

of the United States. The Taliban continues to provide safe haven

to Usama bin Ladin allowing him and the Al-Quida organization

to operate from Taliban-controlled territory a network of terrorist

training camps and to use Afghanistan as a base from which to

sponsor terrorist operations against the United States.

Usama bin Ladin and the Al-Qaida organization have been involved in at least two separate attacks against the United States.

On August 7, 1998, the U.S. embassies in Nairobi, Kenya, and in

Dar es Salaam, Tanzania, were attacked using powerful explosive

truck bombs. The following people have been indicted for criminal

activity against the United States in connection with Usama bin

Ladin and/or the Al-Quaida organization: Usama bin Ladin, his

military commander Muhammed Atef, Wadih El Hage, Fazul

Abdullah Mohammed, Mohammed Sadeek Odeh, Mohamed Rashed

Daoud Al-Owhali, Mustafa Mohammed Fadhil, Khalfan Khamis

Mohamed, Ahmed Khalfan Ghailani, Fahid Mohommed Ally

Msalam, Sheikh Ahmed Salim Sweden, Mamdouh Mahmud Salim,

Ali Mohammed, Ayman Al-Zawahiri, and Khaled Al Fawwaz. In

addition, bin Ladin and his network are currently planning additional attacks against U.S. interests and nationals.

Since at least 1998 and up to the date of the Executive order, the

Taliban has continued to provide bin Ladin with safe haven and security, allowing him the necessary freedom to operate. Repeated efforts by the United States to persuade the Taliban to expel bin

Ladin to a third country where he can be brought to justice for his

crimes have failed. The United States has also attempted to apply

pressure on the Taliban both directly and through frontline states

in a position to influence Taliban behavior. Despite these efforts,

the Taliban has not only continued, but has also deepened its support for, and its relationship with, Usama bin Ladin and associated

terrorist networks.

Accordingly, I have concluded that the actions and policies of the

Taliban pose an unusual and extraordinary threat to the national

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security and foreign policy of the United States. I have, therefore,

exercised my statutory authority and issued an Executive order

which, except to the extent provided for in section 203(b) of IEEPA

(50 U.S.C. 1072(b)) and regulations, orders, directives or licenses

that may be issued pursuant to this order, and notwithstanding

any contract entered into or any license or permit granted prior to

the effective date. —blocks all property and interests in property of the Taliban,

including the Taliban leaders listed in the annex to the order

that are in the United States or that are or hereafter come

within the possession or control of United States persons;

—prohibits any transaction or dealing by United States persons or within the United States in property or interests in

property blocked pursuant to the order, including the making

or receiving of any contribution of funds, goods, or services to

or for the benefit of the Taliban;

—prohibits the exportation, re-exportation, sale, or supply, directly or indirectly, from the United States, or by a United

States person, wherever located, of any goods, software, technology (including technical data), or services to the territory of

Afghanistan under the control of the Taliban or to the Taliban;

and

—prohibits the importation into the United States of any

goods, software, technology, or services owned or controlled by

the TAliban or from the territory of Afghanistan under the control of the Taliban.

The Secretary of the Treasury, in consultation with the Secretary

of State, is directed to authorize commercial sales of agricultural

commodities and products, medicine and medical equipment, for civilian end use in the territory of Afghanistan controlled by the

Taliban under appropriate safeguards to prevent diversion to military, paramilitary, or terrorist end-users or end-use or to political

end-use. This order and subsequent licenses will likewise allow humanitarian, diplomatic, and journalistic activities to continue.

I have designated in the Executive order, Mullah Mohhamad

Omar, the leader of the Taliban, and I have authorized the Secretary of State to designate additional persons as Taliban leaders

in consultation with the Secretary of the Treasury and the Attorney General.

The Secretary of the Treasury is further authorized to designate

persons or entities, in consultation with the Secretary of State and

the Attorney General, that are owned or controlled, or are acting

for or on behalf of the Taliban or that provide financial, material,

or technical support to the Taliban. The Secretary of the Treasury

is also authorized to issue regulations in the exercise of my authorities under the International Emergency Economic Powers Act

to implement these measures in consultation with the Secretary of

State and the Attorney General. All Federal agencies are directed

to take actions within their authority to carry out the provisions

of the Executive order.

The measures taken in this order will immediately demonstrate

to the Taliban the seriousness of our concern over its support for

terrorists and terrorist networks, and increase the international

isolation of the Taliban. The blocking of the Taliban’s property and

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the other prohibitions imposed under this executive order will further limit the Taliban’s ability to facilitate and support terrorists

and terrorist networks. It is particularly important for the United

States to demonstrate to the Taliban the necessity of conforming to

accepting norms of international behavior.

I am enclosing a copy of the Executive order I have issued. This

order is effective at 12:01 a.m. Eastern Daylight Time on July 6,

1999.

Sincerely,

WILLIAM J. CLINTON.

EXECUTIVE ORDER

BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS WITH THE

TALIBAN

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, WILLIAM J. CLINTON, President of the United States of

America, find that the actions and policies of the Taliban in Afghanistan, in allowing territory under its control in Afghanistan to

be used as a safe haven and base of operations for Usama bin

Ladin and the Al-Qaida organization who have committed and

threaten to continue to commit acts of violence against the United

States and its nationals, 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. Except to the extent provided in section 203(b) of

IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, directives, or

licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted

prior to the effective date:

(a) all property and interests in property of the Taliban; and

(b) all property and interests in property of persons determined

by the Secretary of the Treasury, in consultation and the Secretary

of State and the Attorney General:

(i) to be owned or controlled by, or to act for or on behalf of, the

Taliban; or

(ii) to provide financial, material, or technological support for, or

services in support of, any of the foregoing,

that are in the United States, that hereafter come within the

United States, or that are or hereafter come within the possession

or control of United States persons, are blocked.

Sec. 2. Except to the extent provided in section 203(b) of IEEPA

(50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted

prior to the effective date:

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(a) any transaction or dealing by United States persons or within

the United States in property or interests in property blocked pursuant to this order is prohibited, including the making or receiving

of any contribution of funds, goods, or services to or for the benefit

for the Taliban or persons designated pursuant to this order;

(b) the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person,

wherever located, or any goods, software, technology (including

technical data), or services to the territory of Afghanistan controlled by the Taliban or to the Taliban or persons designated pursuant to this order is prohibited;

(c) the importation into the United States of any goods, software,

technology, or services owned or controlled by the Taliban or persons designated pursuant to this order or from the territory of Afghanistan controlled by the Taliban is prohibited.

(d) any transaction by any 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; and

(e) any conspiracy formed to violate any of the prohibitions set

forth in this order is prohibited.

Sec. 3. The Secretary of the Treasury, in consultation with the

Secretary of State, is hereby directed to authorize commercial sales

of agriculture commodities and products, medicine, and medical

equipment for civilian end use in the territory of Afghanistan controlled by the Taliban under appropriate safeguards to prevent diversion to military, paramilitary, or terrorist end users or end use

or to political end use.

Sec. 4. For the purposes of this order:

(a) the term ‘‘person’’ means an individual or entity;

(b) the term ‘‘entity’’ means a partnership, association, corporation, or other organization, group, or subgroup;

(c) the term ‘‘The Taliban’’ means the political/military entity

headquartered in Kandahar, Afghanistan that as of the date of this

order exercises de facto control over the territory of Afghanistan

described in paragraph (d) of this section, its agencies and instrumentalities, and the Taliban leaders listed in the Annex to this

order or designated by the Secretary of State in consultation with

the Secretary of the Treasury and the Attorney General. The

Taliban is also known as the ‘‘Taleban,’’ ‘‘Islamic Movement of

Taliban,’’ ‘‘the Taliban Islamic Movement,’’ ‘‘Talibano Islami

Tahrik,’’ and ‘‘Tahrike Islami’a Taliban’’;

(d) the term ‘‘territory of Afghanistan controlled by the Taliban’’

means the territory referred to as the ‘‘Islamic Emirate of Afghanistan,’’ known in Pashtun as ‘‘de Afghanistan Islami Emarat’’ or in

Dari as ‘‘Emarat Islami-e Afghanistan,’’ including the following

provinces of the country of Afghanistan: Kandahar, Farah,

Helmund, Nimruz, Herat, Badghis, Ghowr, Oruzghon, Zabol,

Paktiha, Ghazni, Nangarhar, Lowgar, Vardan, Faryab, Jowlan,

Balkh, and Paktika. The Secretary of State, in consultation with

the Secretary of the Treasury, is hereby authorized to modify the

description of the term ‘‘territory of Afghanistan controlled by the

Taliban’’;

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(e) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of

the United States (including foreign branches), or any person in the

United States.

Sec. 5. The Secretary of the Treasury, in consultation with the

Secretary of State and the Attorney General, is hereby authorized

to take such action, 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.

Sec. 6. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party against

the United States, its agencies or instrumentalities, its officers or

employees, or any other person.

Sec. 7. (a) This order is effective at 12:01 a.m. Eastern Daylight

Time on July 6, 1999.

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

in the Federal Register.

WILLIAM J. CLINTON.

THE WHITE HOUSE, July 4, 1999.

ANNEX

Mohammed Omar (Amir al-Mumineen [Commander of the Faithful]).

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