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105th Congress, 1st Session - - - - - - - - - - - House Document 105-64


 
 DEVELOPMENTS CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO ANGOLA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A REPORT ON DEVELOPMENTS SINCE HIS LAST REPORT OF SEPTEMBER 19, 1996, 
   CONCERNING THE NATIONAL EMERGENCY WITH RESPECT TO ANGOLA THAT WAS 
DECLARED IN EXECUTIVE ORDER 12865 OF SEPTEMBER 26, 1993, PURSUANT TO 50 
                             U.S.C. 1703(c)

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 April 10, 1997.--Referred to the Committee on International Relations 
                       and ordered to be printed


                                           The White House,
                                         Washington, April 3, 1997.
Hon. Newt Gingrich,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I hereby report to the Congress on the 
developments since my last report of September 19, 1996, 
concerning the national emergency with respect to Angola that 
was declared in Executive Order 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 the National Union for the Total Independence of 
Angola (``UNITA''), 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 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 Department of the Treasury's 
Office of Foreign Assets Control (OFAC) issued the UNITA 
(Angola) Sanctions Regulations (the ``Regulations'') (58 Fed. 
Reg. 64904) to implement my declaration of a national emergency 
and imposition of sanctions against UNITA. 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 of entry. 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 Regulations may be shipped: 
Airports: Luanda and Katumbela, Benguela Province; Ports: 
Luanda and Lobito, Benguela Province; and Namibe, Namibe 
province; and Entry Points: Malongo, Cabinda Province. Although 
no specific license is required by the Department of the 
Treasury for shipments to these designated points of entry 
(unless the item is destined for UNITA), any such exports 
remain subject to the licensing requirements of the Department 
of State and/or Commerce.
    There has been one amendment to the Regulations since my 
report of September 19, 1996. The UNITA (Angola) Sanctions 
Regulations, 31 CFR Part 590, were amended on October 21, 1996 
(61 Fed. Reg. 54936, October 23, 1996), to implement section 4 
of the Federal Civil Penalties Inflation Adjustment Act of 
1990, as amended by the Debt Collection Improvement Act of 
1996, by adjusting for inflation the amount of the civil 
monetary penalties that may be assessed under the Regulations. 
The amendment increases the maximum civil monetary penalty 
provided in the Regulations from $10,000 to $11,000 per 
violation.
    The amended Regulations also reflect an amendment to 18 
U.S.C. 1001 contained in section 330016(1)(L) of Public Law 
103-322, September 13, 1994; 108 Stat. 2147. The amendment 
notes the availability of higher criminal fines pursuant to the 
formulas set forth in 18 U.S.C. 3571. A copy of the amendment 
is attached.
    2. The OFAC has worked closely with the U.S. financial 
community to assure a heightened awareness of the sanctions 
against UNITA--through the dissemination of publications, 
seminars, and notices to electronic bulletin boards. This 
educational effort has resulted in frequent calls from banks to 
assure that they are not routing funds in violation of these 
prohibitions. United States exporters have also been notified 
of the sanctions through a variety of media, including via the 
Internet, Fax-on-Demand, special fliers, and computer bulletin 
board information initiated by OFAC and posted through the U.S. 
Department of Commerce and the U.S. Government Printing Office. 
There have been no license applications under the program since 
my last report.
    3. The expenses incurred by the Federal Government in the 
6-month period from September 26, 1996, through March 25, 1997, 
that are directly attributable to the exercise of powers and 
authorities conferred by the declaration of a national 
emergency with respect to UNITA are about $61,000, most of 
which represent 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 U.S. Customs Service, the Office of the Under Secretary for 
Enforcement, and the Office of the General Counsel), and the 
Department of State (particularly the Office of Southern 
African Affairs).
    I will continue to report periodically to the Congress on 
significant developments, pursuant to 50 U.S.C. 1703(c).
            Sincerely,
                                                William J. Clinton.


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