Presidential Documents

1013

Federal Register

Vol. 66, No. 4

Friday, January 5, 2001

Title 3—

The President

Presidential Determination No. 2001–07 of December 19, 2000

Presidential Certification To Waive Application of Restrictions on Assistance to the Government of Serbia and the

Government of Montenegro

Memorandum for the Secretary of Defense [and] the Secretary of the

Treasury

Pursuant to the authority vested in me by the laws of the United States,

including section 1511 of the National Defense Authorization Act for Fiscal

Year 1994 (Public Law 103–160), I hereby certify to the Congress that I

have determined that the waiver of the application of subsections 1511(b)

and (c) of Public Law 103–160 is necessary to achieve a negotiated settlement

of the conflict in Bosnia-Herzegovina that is acceptable to the parties, to

the extent that such provisions apply to the furnishing of assistance to

the Government of Serbia and to the support of assistance from international

financial institutions to the Government of Serbia and the Government of

Montenegro.

Therefore, I hereby waive the application of these provisions with respect

to such assistance and support.

The Secretary of Defense is authorized and directed to transmit a copy

of this determination to the Congress and arrange for its publication in

the 

THE WHITE HOUSE,

Washington, December 19, 2000.

Federal Register.

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1014 Federal Register / Vol. 66, No. 4 / Friday, January 5, 2001 / Presidential Documents

Memorandum of Justification for Presidential Certification Regarding the

Waiver of Subsections 1511(b) and (c) of Public Law 103–160

Section 1511 of the National Defense Authorization Act for Fiscal Year

1994 (Public Law 103–160) (hereinafter ‘‘section 1511’’) was enacted into

law in 1993 in the midst of the crisis in Bosnia and Herzegovina as the

international community sought to put an end to years of conflict. Section

1511 provides in relevant part that ‘‘[n]o funds appropriated or otherwise

made available by law may be obligated or expended on behalf of the

Government of Serbia’’ and that ‘‘[t]he Secretary of the Treasury shall instruct

the United States executive director of each international financial institution

to use the voice and vote of the United States to oppose any assistance

from that institution to the Government of Serbia or the Government of

Montenegro, except for basic human needs.’’ These restrictions may be

waived or modified, however, upon certification by the President that the

waiver or modification ‘‘is necessary . . . to meet emergency humanitarian

needs, or . . . to achieve a negotiated settlement of the conflict in BosniaHerzegovina that is acceptable to the parties.’’ This authority was exercised

in February 1999 by the President to waive bilateral assistance restrictions

with respect to the Government of Montenegro.

In light of the recent dramatic democratic transformation that has taken

place in Serbia, we believe that it is important to exempt the Government

of Serbia from the bilateral and multilateral assistance restrictions contained

in section 1511 and the government of Montenegro from the provision’s

multilateral restrictions. Bilateral assistance from the United States and support for assistance in the International Financial Institutions (IFIs) are both

critical to the consolidation of the fledgling Kostunica government. The

United States must put itself in a position to voice its support of loans

to the Governments of Serbia and Montenegro in the context of the FRY

becoming a member in the IFIs. The first such provision of assistance—

a loan of roughly $150 million under the IMF’s post-conflict assistance

policy to help the FRY clear its arrears at the IMF—will be voted upon

as soon as December 20 together with a vote on FRY membership in that

organization.

The election of Mr. Kostunica to the FRY Presidency could herald a new

period of peaceful democratic development in the region. President Kostunica

has made clear that he will work toward the full implementation of the

Dayton Accords and work constructively on a variety of other issues related

to the stability of the region. United States bilateral assistance as well

as support for IFI assistance will help ensure the consolidation of power

made by the Kostunica government. Such assistance will help prevent proMilosevic forces from regaining power in the FRY and resuming their obstructionist tactics and allow President Kostunica to continue to work towards

peace and stability in the region. Therefore, waiver of application of the

restrictions contained in subsections 1511(b) and (c) of Public Law 103–

160, with respect to the Governments of Serbia and Montenegro, is warranted.

[FR Doc. 01–311

Filed 1–4–01; 8:45 am]

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