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H.Doc.108-79 PERIODIC REPORT ON THE NATIONAL EMERGENCY CAUSED BY THE LAPSE OF THE ...


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108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-78


 
TERMINATION OF EMERGENCIES WITH RESPECT TO YUGOSLAVIA AND MODIFICATION 
               OF EXECUTIVE ORDER 13219 OF JUNE 26, 2001

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

    NOTIFICATION TO TERMINATE THE NATIONAL EMERGENCIES DECLARED IN 
  EXECUTIVE ORDER 12808 OF MAY 30, 1992, AND EXECUTIVE ORDER 13088 OF 
JUNE 9, 1998, WITH RESPECT TO THE FORMER SOCIALIST FEDERAL REPUBLIC OF 
                               YUGOSLAVIA

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


June 3, 2003.--Referred to the Committee on International Relations and 
                         ordered to be printed
                                           The White House,
                                      Washington, DC, May 28, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with section 204(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b) 
(IEEPA), and sections 202(a) and 301 of the National 
Emergencies Act, 50 U.S.C. 1622 and 1631, I hereby report that 
I have today issued an Executive Order. The order terminates 
the national emergencies declared in Executive Order 12808 of 
May 30, 1992, and Executive Order 13088 of June 9, 1998, with 
respect to the former Socialist Federal Republic of Yugoslavia, 
and revokes those and all related orders. I have determined 
that the situations that gave rise to those national 
emergencies have been significantly altered by the peaceful 
transition to democracy and other positive developments in 
Serbia and Montenegro (formerly the Federal Republic of 
Yugoslavia) (Serbia and Montenegro) (the ``FRY (SaM)'').
    A series of Milosevic-era Executive Orders, beginning with 
Executive Order 12808 of May 30, 1992, imposed sanctions on the 
former Yugoslavia. The sanctions imposed pursuant to Executive 
Order 12808 and related orders were suspended pursuant to 
Presidential Determination 96-7, on December 27, 1995, in order 
to achieve a settlement of the conflict in Bosnia and 
Herzegovina. In Executive Order 13192 of January 17, 2001, 
President Clinton lifted sanctions on the Government of the FRY 
(SaM) and the Governments of the Republics of Serbia and 
Montenegro that had been imposed pursuant to Executive Order 
13088 and related orders. Since that time, the United States 
Government has maintained sanctions on Slobodan Milosevic, his 
close associates, and other persons, because of the 
illegitimate control over FRY (SaM) political institutions and 
economic resources or enterprises exercised by these persons 
and their capacity to repress democracy or perpetrate or 
promote further human rights abuses.
    I have now determined that the strong commitment to 
political and economic reform shown by senior officials in the 
Government of Serbia and Montenegro warrants the termination 
altogether of the national emergencies declared with respect to 
the former Socialist Federal Republic of Yugoslavia. These 
national emergencies, and the sanctions that flowed from them, 
though suspended or lifted, have been perceived to the outdated 
and have been a source of bilateral concern for the United 
States and Serbia and Montenegro. In terminating these national 
emergencies, this Executive Order also encourages the efforts 
of reform-minded officials of the Government of Serbia and 
Montenegro by removing the vestiges of restrictions imposed 
during the Milosevic era.
    Although I am terminating the Yugoslav emergencies and 
related Executive Orders, pursuant to my authority under IEEPA, 
I am continuing for the near future certain prohibitions with 
respect to property previously blocked pursuant to Executive 
Orders 12808 and 13088. Such prohibitions are necessary on 
account of claims involving the successor states to the former 
Socialist Federal Republic of Yugoslavia and others with 
respect to certain property and interests in property that have 
yet to be unblocked. In addition, certain individuals targeted 
with sanctions under Executive Order 13088, as amended by 
Executive Order 13192 of January 17, 2001, will now be subject 
to sanctions set forth under the national emergency declared in 
Executive Order 13219 of June 26, 2001, with respect to persons 
who threaten international stabilization efforts in the Western 
Balkans, as discussed below.
    I have amended Executive Order 13219 of June 26, 2001, with 
respect to persons who threaten international stabilization 
efforts in the Western Balkans to take additional steps with 
respect to continuing, widespread, and illicit actions by 
certain persons that obstruct implementation of the Ohrid 
Framework Agreement of 2001 relating to Macedonia, or United 
National Security Council Resolution 1244 of June 10, 1999, 
relating to Kosovo, or the Dayton Accords or the Conclusions of 
the Peace Implementation Conference held in London on December 
8-9, 1995, including the decisions or conclusions of the High 
Representative, the Peace Implementation Council or its 
Steering Board, relating to Bosnia and Herzegovina, including 
the harboring of individuals indicted by the International 
Criminal Tribunal for the former Yugoslavia. These additional 
steps respond to the continuing actions of ethnic extremists in 
Bosnia, Kosovo, Macedonia, southern Serbia, and elsewhere in 
the Western Balkans who engage in acts of violence, sometimes 
targeting international personnel, or otherwise obstruct 
efforts to build peace and stability. The Executive Order 
underscores the support of the United States for the 
International Criminal Tribunal for the former Yugoslavia by 
sanctioning those individuals indicted by the Tribunal and 
those who aid and abet their efforts to escape justice.
    The Executive order blocks all property and interests in 
property of the persons identified in the Annex to the order, 
which supersedes a previous Annex attached to Executive Order 
13219, as well as persons subsequently designated pursuant to 
the order by the Secretary of the Treasury, in consultation 
with the Secretary of State. The order further 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 persons designated pursuant to the order.
    Under the order, the Secretary of the Treasury is 
authorized, in consultation with the Secretary of State, to 
designated additional persons, and thereby block their property 
and assets, that are determined:
          --to be under open indictment by the International 
        Criminal Tribunal for the former Yugoslavia, unless 
        circumstances warrant otherwise, or
          --to have committed, or to pose a significant risk of 
        committing acts of violence that have the purpose or 
        effect of threatening the peace in or diminishing the 
        stability or security of any area or state in the 
        Western Balkans region, undermining the authority, 
        efforts, or objectives of international organizations 
        or entities present in the region, or endangering the 
        safety of persons participating in or providing support 
        to the activities of those international organizations 
        or entities, or
          --to have actively obstructed, or pose a significant 
        risk of actively obstructing, implementation of the 
        Ohrid Framework Agreement of 2001 relating to 
        Macedonia, United Nations Security Council Resolution 
        1244 relating to Kosovo, or the Dayton Accords or the 
        Conclusions of the Peace Implementation Conference held 
        in London on December 8-9, 1995, including the 
        decisions or conclusions of the High Representative, 
        the Peace Implementation Council or its Steering Board, 
        relating to Bosnia and Herzegovina, or
          --to have materially assisted in, sponsored or 
        provided financial, material or technological support 
        for, or goods or services in support of, such acts of 
        violence or obstructionism, or any person listed in or 
        designated pursuant to this order, or
          --to be owned or controlled by, or acting or 
        purporting to act directly or indirectly for or on 
        behalf of, any person designated in or pursuant to this 
        order.
    In addition, the Secretary of the Treasury, in consultation 
with the Secretary of State, is also authorized to determine, 
subsequent to the issuance of the Executive Order, that 
circumstances no longer warrant inclusion of a person in the 
Annex to the order and that such person is therefore on longer 
covered within the scope of the Executive Order. The Secretary 
of the Treasury, in consultation with the Secretary of State, 
is also authorized to issue regulations in the exercise of 
authorities under the International Emergency Economic Powers 
Act and the United Nations Participation Act of 1945, as 
amended (22 U.S.C. 287c), to implement the measures provided in 
the order. All Federal agencies are directed to take actions 
within their authority to carry out the provisions of the 
Executive Order.
    This Executive Order further demonstrates the U.S. 
commitment to supporting reform throughout the Balkans and 
recognizes the significant steps the countries of the region 
have taken, and are continuing to take, to root out corruption 
and fight organized crime.
    I am enclosing a copy of the Executive Order I have issued. 
This order becomes effective at 12:01 a.m. eastern daylight 
time on May 29, 2003.
            Sincerely,
                                                    George W. Bush.
                            Executive Order

                              ----------                              


Termination of Emergencies With Respect to Yugoslavia and Modification 
               of Executive Order 13219 of June 26, 2001

    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, as 
amended (50 U.S.C. 1701 et seq.) (IEEPA), the National 
Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of 
the United Nations Participation Act of 1945, as amended (22 
U.S.C. 278c) (UNPA), and section 301 of title 3, United States 
Code,
    I, George W. Bush, President of the United States of 
America, have determined that the situations that gave rise to 
the declarations of national emergencies in Executive Order 
12808 of May 30, 1992, and Executive Order 13088 of June 9, 
1998, with respect to the former Socialist Federal Republic of 
Yugoslavia, have been significantly altered by peaceful 
transition to democracy and other positive developments in 
Serbia and Montenegro (formerly the Federal Republic of 
Yugoslavia (Serbia and Montenegro)). Accordingly, I hereby 
terminate the national emergencies declared in those orders and 
revoke those and all related orders (Executive Orders 12810 of 
June 5, 1992, 12831 of January 15, 1993, 12846 of April 25, 
1993, 12934 of October 25, 1994, 13121 of April 30, 1999, and 
13192 of January 17, 2001). At the same time, and in order to 
take additional steps with respect to continuing, widespread, 
and illicit actions that obstruct implementation of the Ohrid 
Framework Agreement of 2001, relating to Macedonia, United 
Nations Security Council Resolution 1244 of June 10, 1999, 
relating to Kosovo, or the Dayton Accords or the Conclusions of 
the Peace Implementation Conference Council held in London in 
December 8-9, 1995, including the decisions or conclusions of 
the High Representative, the Peace Implementation Council or 
its Steering Board, relating to Bosnia and Herzegovina, 
including the harboring of individuals indicted by the 
International Criminal Tribunal for the former Yugoslavia, and 
the national emergency described and declared in Executive 
Order 13219 of June 26, 2001, I hereby order:
    Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 
1622), termination of the national emergencies declared in 
Executive Order 12808 of May 30, 1992, and Executive Order 
13088 of June 9, 1998, shall not affect any action taken or 
proceeding pending not finally concluded or determined as of 
the effective date of this order, or any action or proceeding 
based on any act committed prior to such date, or any rights or 
duties that matured or penalties that were incurred prior to 
such date. Pursuant to section 207 of IEEPA (50 U.S.C. 1706), I 
hereby determine that the continuation of prohibitions with 
regard to transactions involving any property blocked pursuant 
to Executive Orders 12808 or 13088 that continues to be blocked 
as of the effective date of this order is necessary on account 
of claims involving successors states to the former Socialist 
Federal Republic or Yugoslavia or other potential claimants.
    Sec. 2. The Annex to Executive Order 13219 of June 26, 
2001, is replaced and superseded in its entirety by the Annex 
to this order.
    Sec. 3. (a) Section 1(a) and 1(b) of Executive Order 13219 
are revised to read as follows:
    ``Section 1. (a) Except to the extent provided in section 
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), 
and (4)), and the Trade Sanctions Reform and Export Enhancement 
Act of 2000 (Title IX, Public Law 106-387), and in regulatory, 
orders, directives, or licenses that may hereafter be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior to the 
effective date of this order, all property and interests in 
property of:
          (i) the persons listed in the Annex to this order; 
        and
          (ii) persons designated by the Secretary of the 
        Treasury, in consultation with the Secretary of State, 
        because they are determined:
                  (A) to be under open indictment by the 
                International Criminal Tribunal for the former 
                Yugoslavia, unless circumstances warrant 
                otherwise, or
                  (B) to have committed, or to pose a 
                significant risk of committing, acts of 
                violence that have the purpose or effect of 
                threatening the peace in or diminishing the 
                stability or security of any area or state in 
                the Western Balkans region, undermining the 
                authority, efforts, or objectives of 
                international organizations or entities present 
                in the region, or endangering the safety of 
                persons participating in or providing support 
                to the activities of those international 
                organizations or entities, or
                  (C) to have actively obstructed, or pose a 
                significant risk of actively obstructing, the 
                Ohrid Framework Agreement of 2001 relating to 
                Macedonia, United Nations Security Council 
                Resolution 1244 relating to Kosovo, or the 
                Dayton Accords or the Conclusions of the Peace 
                Implementation Conference held in London on 
                December 8-9, 1995, including the decisions or 
                conclusions of the High Representative, the 
                Peace Implementation Council or its Steering 
                Board, relating to Bosnia and Herzegovina, or
                  (D) to have materially assisted in, 
                sponsored, or provided financial, material, or 
                technological support for, or goods or services 
                in support of, such acts of violence or 
                obstructionism or any person listed in or 

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