[Journal of the House of Representatives, 1993]
[Monday, April 26, 1993 (44), Para 44.5 Message from the President--National Emergency with Respect to Yugoslavia]
[Pages 344-345]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 44.5 message from the president--national emergency with respect
to yugoslavia
The SPEAKER pro tempore, Mr. MONTGOMERY, laid before the House a
message from the President, which was read as follows:
To the Congress of the United States:
On June 1, 1992, 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), President Bush reported to
the Congress by letters to the President of the Senate and the Speaker
of the House, dated May 30, 1992, that he had exercised his statutory
authority to issue Executive Order No. 12808 of May 30, 1992, declaring
a national emergency and blocking ``Yugoslav Government'' property and
property of the Governments of Serbia and Montenegro.
On June 5, 1992, pursuant to the above authorities as well as section
1114 of the Federal Aviation Act (49 U.S.C. App. 1514), and section 5 of
the United Nations Participation Act (22 U.S.C. 287c), the President
reported to the Congress by letters to the President of the Senate and
the Speaker of the House that he had exercised his statutory authority
to issue Executive Order No. 12810 of June 5, 1992, blocking property of
and prohibiting transactions with the Federal Republic of Yugoslavia
(Serbia and Montenegro). This latter action was taken to ensure that the
economic measures taken by the United States with respect to the Federal
Republic of Yugoslavia (Serbia and Montenegro) conform to U.N. Security
Council Resolution No. 757 (May 30, 1992).
On January 19, 1993, pursuant to the above authorities, President Bush
reported to the Congress by letters to the President of the Senate and
the Speaker of the House that he had exercised his statutory authority
to issue Executive Order No. 12831 of January 15, 1993, to impose
additional economic measures with respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) to conform to U.N. Security Council
Resolution No. 787 (November 16, 1992). Those additional measures
prohibited transactions related to transshipments through the Federal
Republic of Yugoslavia (Serbia and Montenegro), as well as transactions
related to vessels owned or controlled by persons or entities in the
Federal Republic of Yugoslavia (Serbia and Montenegro).
On April 17, 1993, the U.N. Security Council adopted Resolution No.
820, calling on the Bosnian Serbs to accept the Vance-Owen peace plan
for Bosnia-Hercegovina and, if they failed to do so by April 26,
calling on member states to take additional measures to tighten the
embargo against the Federal Republic of Yugoslavia (Serbia and
Montenegro). Effective 12:01 a.m. EDT on April 26, 1993, I have taken
additional steps pursuant to the above statutory authorities to enhance
the implementation of this international embargo and to conform to U.N.
Security Council Resolution No. 820 (April 17, 1993).
The order that I signed on April 25, 1993:
--blocks all property of businesses organized or located in the
Federal Republic of Yugoslavia (Serbia or Montenegro), including
the property of entities owned or controlled by them, wherever
organized or located, if that property is in or later comes within
the United States or the possession or control of U.S. persons,
including their overseas branches;
--charges to the owners or operators of property blocked under that
order or Executive Order No. 12808, 12810, or 12831 all expenses
incident to the blocking and maintenance of such property, requires
that such expenses be satisfied from sources other than blocked
funds, and permits such property to be sold and
[[Page 345]]
the proceeds (after payment of expenses) placed in a blocked
account;
--orders (1) the detention, pending investigation, of all nonblocked
vessels, aircraft, freight vehicles, rolling stock, and cargo
within the United States that are suspected of violating U.N.
Security Council Resolution No. 713, 757, 787 or 820, and (2) the
blocking of such conveyances or cargo if a violation is determined
to have been committed, and permits the sale of such blocked
conveyances or cargo and the placing of the net proceeds into a
blocked account;
--prohibits any vessel registered in the United States, or owned or
controlled by U.S. persons, other than a United States naval
vessel, from entering the territorial waters of the Federal
Republic of Yugoslavia (Serbia and Montenegro); and
--prohibits U.S. persons from engaging in any dealings relating to
the shipment of goods to, from, or through United Nations Protected
Areas in the Republic of Croatia and areas in the Republic of
Bosnia-Hercegovina under the control of Bosnian Serb forces.
The order that I signed on April 25, 1993, authorizes the Secretary
of the Treasury in consultation with the Secretary of State to take
such actions, and to employ all powers granted to me by the
International Emergency Economic Powers Act and the United Nations
Participation Act, as may be necessary to carry out the purposes of
that order, including the issuance of licenses authorizing transactions
otherwise prohibited. The sanctions imposed in the order apply
notwithstanding any preexisting contracts, international agreements,
licenses or authorizations. However, licenses or authorizations
previously issued pursuant to Executive Order No. 12808, 12810, or
12831 are not invalidated by the order unless they are terminated,
suspended or modified by action of the issuing federal agency.
The declaration of the national emergency made by Executive Order No.
12808 and the controls imposed under Executive Orders No. 12810 and
12831, and any other provisions of those orders not modified by or
inconsistent with the April 25, 1993, order, remain in full force and
are unaffected by that order.
William J. Clinton.
The White House, April 26, 1993.
By unanimous consent, the message, together with the accompanying
papers, was referred to the Committee on Foreign Affairs and ordered to
be printed (H. Doc. 103-77).
And then,