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105th Congress, 1st Session - - - - - - - - - - - House Document 105-87
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO THE FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND THE BOSNIAN SERBS
__________
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION THAT THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO) AND THE BOSNIAN SERBS EMERGENCY IS TO CONTINUE BEYOND MAY
30, 1997, PURSUANT TO 50 U.S.C. 1622(d)
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May 30, 1997.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)) provides for the automatic termination of a national
emergency unless, prior to the anniversary date of its
declaration, the President publishes in the Federal Register
and transmits to the Congress a notice stating that the
emergency is to continue in effect beyond the anniversary date.
In accordance with this provision, I have sent the enclosed
notice to the Federal Register for publication, stating that
the emergency declared with respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro), as expanded to address the
actions and policies of the Bosnian Serb forces and the
authorities in the territory that they control within the
Republic of Bosnia and Herzegovina, is to continue in effect
beyond May 30, 1997.
On December 27, 1995, I issued Presidential Determination
No. 96-7, directing the Secretary of the Treasury, inter alia,
to suspend the application of sanctions imposed on the Federal
Republic of Yugoslavia (Serbia and Montenegro) and to continue
to block property previously blocked until provision is made to
address claims or encumbrances, including the claims of the
other successor states of the former Yugoslavia. This sanctions
relief, in conformity with United Nations Security Council
Resolution 1022 of November 22, 1995 (hereinafter the
``Resolution''), was an essential factor motivating Serbia and
Montenegro's acceptance of the General Framework Agreement for
Peace in Bosnia and Herzegovina initialed by the parties in
Dayton on November 21, 1995, and signed in Paris on December
14, 1995 (hereinafter the ``Peace Agreement''). The sanctions
imposed on the Federal Republic of Yugoslavia (Serbia and
Montenegro) were accordingly suspended prospectively, effective
January 16, 1996. Sanctions imposed on the Bosnian Serb forces
and authorities and on the territory that they control within
the Republic of Bosnia and Herzegovina were subsequently
suspended prospectively, effective May 10, 1996, also in
conformity with the Peace Agreement and the Resolution.
Sanctions against both the Federal Republic of Yugoslavia
(Serbia and Montenegro) and the Bosnian Serbs were subsequently
terminated by United Nations Security Council Resolution 1074
of October 1, 1996. This termination, however, did not end the
requirement of the Resolution that blocked funds and assets
that are subject to claims and encumbrances remain blocked,
until unblocked in accordance with applicable law. In the last
year, substantial progress has been achieved to bring about a
settlement of the conflict in the former Yugoslavia acceptable
to the parties. Elections occurred in the Republic of Bosnia
and Herzegovina, as provided for in the Peace Agreement, and
the Bosnian Serb forces have continued to respect the zones of
separation as provided in the Peace Agreement. The ultimate
disposition of the various remaining categories of blocked
assets are now being addressed, beginning with the unblocking
of five Yugoslav vessels located in various United States ports
effective May 19, 1997.
Until the status of all remaining blocked property is
resolved, the Peace Agreement implemented, and the terms of the
Resolution met, this situation continues to pose a continuing
unusual and extraordinary threat to the national security,
foreign policy interests, and the economy of the United States.
For these reasons, I have determined that it is necessary to
maintain in force these emergency authorities beyond May 30,
1997.
William J. Clinton.
The White House, May 28, 1997.
Notice
----------
Continuation of Emergency With Respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) and the Bosnian Serbs
On May 30, 1992, by Executive Order 12808, President Bush
declared a national emergency to deal with the unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States constituted by the actions and
policies of the Governments of Serbia and Montenegro, blocking
all property and interests in property of those Governments.
President Bush took additional measures to prohibit trade and
other transactions with the Federal Republic of Yugoslavia
(Serbia and Montenegro) by Executive Orders 12810 and 12831,
issued on June 5, 1992, and January 15, 1993, respectively. On
April 25, 1993, I issued Executive Order 12846, blocking the
property and interests in property of all commercial,
industrial, or public utility undertakings or entities
organized or located in the Federal Republic of Yugoslavia
(Serbia and Montenegro), and prohibiting trade-related
transactions by United States persons involving those areas of
the Republic of Bosnia and Herzegovina controlled by Bosnian
Serb forces and the United Nations Protected Areas in the
Republic of Croatia. On October 25, 1994, because of the
actions and policies of the Bosnian Serbs, I expanded the scope
of the national emergency by issuing Executive Order 12934 to
block the property of the Bosnian Serb forces and the
authorities in the territory that they control within the
Republic of Bosnia and Herzegovina, as well as the property of
any entity organized or located in, or controlled by any person
in, or resident in, those areas.
On December 27, 1995, I issued Presidential Determination
No. 96-7, directing the Secretary of the Treasury, inter alia,
to suspend the application of sanctions imposed on the Federal
Republic of Yugoslavia (Serbia and Montenegro) pursuant to the
above-referenced Executive orders and to continue to block
property previously blocked until provision is made to address
claims or encumbrances, including the claims of the other
successor states of the former Yugoslavia. This sanctions
relief, in conformity with United Nations Security Council
Resolution 1022 of November 22, 1995 (hereinafter the
``Resolution''), was an essential factor motivating Serbia and
Montenegro's acceptance of the General Framework Agreement for
Peace in Bosnia and Herzegovina initialed by the parties in
Dayton on November 21, 1995, and signed in Paris on December
14, 1995 (hereinafter the ``Peace Agreement''). The sanctions
imposed on the Federal Republic of Yugoslavia (Serbia and
Montenegro) were accordingly suspended prospectively, effective
January 16, 1996. Sanctions imposed on the Bosnian Serb forces
and authorities and on the territory that they control within
the Republic of Bosnia and Herzegovina were subsequently
suspended prospectively, effective May 10, 1996, also in
conformity with the Peace Agreement and the Resolution.
Sanctions against both the Federal Republic of Yugoslavia
(Serbia and Montenegro) and the Bosnian Serbs were subsequently
terminated by United Nations Security Council Resolution 1074
of October 1, 1996. This termination, however, did not end the
requirement of the Resolution that blocked funds and assets
that are subject to claims and encumbrances remain blocked,
until unblocked in accordance with applicable law.
In the last year, substantial progress has been achieved to
bring about a settlement of the conflict in the former
Yugoslavia acceptable to the parties. Elections occurred in the
Republic of Bosnia and Herzegovina, as provided for in the
Peace Agreement, and the Bosnian Serb forces have continued to
respect the zones of separation as provided in the Peace
Agreement. The ultimate disposition of the various remaining
categories of blocked assets is now being addressed, beginning
with the unblocking of five Yugoslav vessels located in various
United States ports effective May 19, 1997.
Until the status of all remaining blocked property is
resolved, the Peace Agreement implemented, and the terms of the
Resolution met, the national emergency declared on May 30,
1992, as expanded in scope on October 25, 1994, and the
measures adopted pursuant thereto to deal with that emergency
must continue beyond May 30, 1997.
Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing
the national emergency with respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) and the Bosnian Serb forces
and those areas of the Republic of Bosnia and Herzegovina under
the control of the Bosnian Serb forces. This notice shall be
published in the Federal Register and transmitted to the
Congress.
William J. Clinton.
The White House, May 28, 1997.
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