14 August 1999: Add Executive Order of August 11, 1999
13 August 1999
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 6, 1997]
[Document not affected by Public Laws enacted between
January 6, 1997 and November 30, 1998]
[CITE: 50USC]
TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 35--INTERNATIONAL EMERGENCY ECONOMIC POWERS
Sec.
1701. Unusual and extraordinary threat; declaration of national
emergency; exercise of Presidential authorities.
1702. Presidential authorities.
1703. Consultation and reports.
(a) Consultation with Congress.
(b) Report to Congress upon exercise of Presidential
authorities.
(c) Periodic follow-up reports.
(d) Supplemental requirements.
1704. Authority to issue regulations.
1705. Penalties.
1706. Savings provisions.
(a) Termination of national emergencies pursuant to National
Emergencies Act.
(b) Congressional termination of national emergencies by
concurrent resolution.
(c) Supplemental savings provisions; supersedure of
inconsistent provisions.
(d) Periodic reports to Congress.
Chapter Referred to in Other Sections
This chapter is referred to in section 2332 of this title; sections
2170, 2405, 2410 of the Appendix to this title; title 12 sections 3409,
3413, 4407; title 19 section 2581; title 22 section 6004; title 26
section 911; title 30 section 185.
[CITE: 50USC1701]
Sec. 1701. Unusual and extraordinary threat; declaration of
national emergency; exercise of Presidential authorities
(a) Any authority granted to the President by section 1702 of this
title may be exercised to deal with any unusual and extraordinary
threat, which has its source in whole or substantial part outside the
United States, to the national security, foreign policy, or economy of
the United States, if the President declares a national emergency with
respect to such threat.
(b) The authorities granted to the President by section 1702 of this
title may only be exercised to deal with an unusual and extraordinary
threat with respect to which a national emergency has been declared for
purposes of this chapter and may not be exercised for any other purpose.
Any exercise of such authorities to deal with any new threat shall be
based on a new declaration of national emergency which must be with
respect to such threat.
(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)
Short Title
Section 201 of title II of Pub. L. 95-223 provided that: ``This
title [enacting this chapter] may be cited as the `International
Emergency Economic Powers Act'.''
Separability
Section 208 of Pub. L. 95-223 provided that: ``If any provision of
this Act [enacting this chapter] is held invalid, the remainder of the
Act shall not be affected thereby.''
Iran and Libya Sanctions
Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Iran and Libya Sanctions Act of
1996'.
``SEC. 2. FINDINGS.
``The Congress makes the following findings:
``(1) The efforts of the Government of Iran to acquire weapons
of mass destruction and the means to deliver them and its support of
acts of international terrorism endanger the national security and
foreign policy interests of the United States and those countries
with which the United States shares common strategic and foreign
policy objectives.
``(2) The objective of preventing the proliferation of weapons
of mass destruction and acts of international terrorism through
existing multilateral and bilateral initiatives requires additional
efforts to deny Iran the financial means to sustain its nuclear,
chemical, biological, and missile weapons programs.
``(3) The Government of Iran uses its diplomatic facilities and
quasi-governmental institutions outside of Iran to promote acts of
international terrorism and assist its nuclear, chemical,
biological, and missile weapons programs.
``(4) The failure of the Government of Libya to comply with
Resolutions 731, 748, and 883 of the Security Council of the United
Nations, its support of international terrorism, and its efforts to
acquire weapons of mass destruction constitute a threat to
international peace and security that endangers the national
security and foreign policy interests of the United States and those
countries with which it shares common strategic and foreign policy
objectives.
``SEC. 3. DECLARATION OF POLICY.
``(a) Policy With Respect to Iran.--The Congress declares that it is
the policy of the United States to deny Iran the ability to support acts
of international terrorism and to fund the development and acquisition
of weapons of mass destruction and the means to deliver them by limiting
the development of Iran's ability to explore for, extract, refine, or
transport by pipeline petroleum resources of Iran.
``(b) Policy With Respect to Libya.--The Congress further declares
that it is the policy of the United States to seek full compliance by
Libya with its obligations under Resolutions 731, 748, and 883 of the
Security Council of the United Nations, including ending all support for
acts of international terrorism and efforts to develop or acquire
weapons of mass destruction.
``SEC. 4. MULTILATERAL REGIME.
``(a) Multilateral Negotiations.--In order to further the objectives
of section 3, the Congress urges the President to commence immediately
diplomatic efforts, both in appropriate international fora such as the
United Nations, and bilaterally with allies of the United States, to
establish a multilateral sanctions regime against Iran, including
provisions limiting the development of petroleum resources, that will
inhibit Iran's efforts to carry out activities described in section 2.
``(b) Reports to Congress.--The President shall report to the
appropriate congressional committees, not later than 1 year after the
date of the enactment of this Act [Aug. 5, 1996], and periodically
thereafter, on the extent that diplomatic efforts described in
subsection (a) have been successful. Each report shall include--
``(1) the countries that have agreed to undertake measures to
further the objectives of section 3 with respect to Iran, and a
description of those measures; and
``(2) the countries that have not agreed to measures described
in paragraph (1), and, with respect to those countries, other
measures (in addition to that provided in subsection (d)) the
President recommends that the United States take to further the
objectives of section 3 with respect to Iran.
``(c) Waiver.--The President may waive the application of section
5(a) with respect to nationals of a country if--
``(1) that country has agreed to undertake substantial measures,
including economic sanctions, that will inhibit Iran's efforts to
carry out activities described in section 2 and information required
by subsection (b)(1) has been included in a report submitted under
subsection (b); and
``(2) the President, at least 30 days before the waiver takes
effect, notifies the appropriate congressional committees of his
intention to exercise the waiver.
``(d) Enhanced Sanction.--
``(1) Sanction.--With respect to nationals of countries except
those with respect to which the President has exercised the waiver
authority of subsection (c), at any time after the first report is
required to be submitted under subsection (b), section 5(a) shall be
applied by substituting `$20,000,000' for `$40,000,000' each place
it appears, and by substituting `$5,000,000' for `$10,000,000'.
``(2) Report to congress.--The President shall report to the
appropriate congressional committees any country with respect to
which paragraph (1) applies.
``(e) Interim Report on Multilateral Sanctions; Monitoring.--The
President, not later than 90 days after the date of the enactment of
this Act, shall report to the appropriate congressional committees on--
``(1) whether the member states of the European Union, the
Republic of Korea, Australia, Israel, or Japan have legislative or
administrative standards providing for the imposition of trade
sanctions on persons or their affiliates doing business or having
investments in Iran or Libya;
``(2) the extent and duration of each instance of the
application of such sanctions; and
``(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
``SEC. 5. IMPOSITION OF SANCTIONS.
``(a) Sanctions With Respect to Iran.--Except as provided in
subsection (f), the President shall impose 2 or more of the sanctions
described in paragraphs (1) through (6) of section 6 if the President
determines that a person has, with actual knowledge, on or after the
date of the enactment of this Act [Aug. 5, 1996], made an investment of
$40,000,000 or more (or any combination of investments of at least
$10,000,000 each, which in the aggregate equals or exceeds $40,000,000
in any 12-month period), that directly and significantly contributed to
the enhancement of Iran's ability to develop petroleum resources of
Iran.
``(b) Mandatory Sanctions With Respect to Libya.--
``(1) Violations of prohibited transactions.--Except as provided
in subsection (f), the President shall impose 2 or more of the
sanctions described in paragraphs (1) through (6) of section 6 if
the President determines that a person has, with actual knowledge,
on or after the date of the enactment of this Act, exported,
transferred, or otherwise provided to Libya any goods, services,
technology, or other items the provision of which is prohibited
under paragraph 4(b) or 5 of Resolution 748 of the Security Council
of the United Nations, adopted March 31, 1992, or under paragraph 5
or 6 of Resolution 883 of the Security Council of the United
Nations, adopted November 11, 1993, if the provision of such items
significantly and materially--
``(A) contributed to Libya's ability to acquire chemical,
biological, or nuclear weapons or destabilizing numbers and
types of advanced conventional weapons or enhanced Libya's
military or paramilitary capabilities;
``(B) contributed to Libya's ability to develop its
petroleum resources; or
``(C) contributed to Libya's ability to maintain its
aviation capabilities.
``(2) Investments that contribute to the development of
petroleum resources.--Except as provided in subsection (f), the
President shall impose 2 or more of the sanctions described in
paragraphs (1) through (6) of section 6 if the President determines
that a person has, with actual knowledge, on or after the date of
the enactment of this Act [Aug. 5, 1996], made an investment of
$40,000,000 or more (or any combination of investments of at least
$10,000,000 each, which in the aggregate equals or exceeds
$40,000,000 in any 12-month period), that directly and significantly
contributed to the enhancement of Libya's ability to develop its
petroleum resources.
``(c) Persons Against Which the Sanctions Are To Be Imposed.--The
sanctions described in subsections (a) and (b) shall be imposed on--
``(1) any person the President determines has carried out the
activities described in subsection (a) or (b); and
``(2) any person the President determines--
``(A) is a successor entity to the person referred to in
paragraph (1);
``(B) is a parent or subsidiary of the person referred to in
paragraph (1) if that parent or subsidiary, with actual
knowledge, engaged in the activities referred to in paragraph
(1); or
``(C) is an affiliate of the person referred to in paragraph
(1) if that affiliate, with actual knowledge, engaged in the
activities referred to in paragraph (1) and if that affiliate is
controlled in fact by the person referred to in paragraph (1).
For purposes of this Act, any person or entity described in this
subsection shall be referred to as a `sanctioned person'.
``(d) Publication in Federal Register.--The President shall cause to
be published in the Federal Register a current list of persons and
entities on whom sanctions have been imposed under this Act. The removal
of persons or entities from, and the addition of persons and entities
to, the list, shall also be so published.
``(e) Publication of Projects.--The President shall cause to be
published in the Federal Register a list of all significant projects
which have been publicly tendered in the oil and gas sector in Iran.
``(f) Exceptions.--The President shall not be required to apply or
maintain the sanctions under subsection (a) or (b)--
``(1) in the case of procurement of defense articles or defense
services--
``(A) under existing contracts or subcontracts, including
the exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
``(B) if the President determines in writing that the person
to which the sanctions would otherwise be applied is a sole
source supplier of the defense articles or services, that the
defense articles or services are essential, and that alternative
sources are not readily or reasonably available; or
``(C) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
``(2) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2518(4)), of any foreign country or instrumentality
designated under section 301(b)(1) of that Act (19 U.S.C.
2511(b)(1));
``(3) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person on whom the
sanctions are to be imposed;
``(4) to--
``(A) spare parts which are essential to United States
products or production;
``(B) component parts, but not finished products, essential
to United States products or production; or
``(C) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
``(6) to information and technology essential to United States
products or production; or
``(7) to medicines, medical supplies, or other humanitarian
items.
``SEC. 6. DESCRIPTION OF SANCTIONS.
``The sanctions to be imposed on a sanctioned person under section 5
are as follows:
``(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any guarantee,
insurance, extension of credit, or participation in the extension of
credit in connection with the export of any goods or services to any
sanctioned person.
``(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not to grant
any other specific permission or authority to export any goods or
technology to a sanctioned person under--
``(i) the Export Administration Act of 1979 [50 App. 2401 et
seq.];
``(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];
``(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
seq.]; or
``(iv) any other statute that requires the prior review and
approval of the United States Government as a condition for the
export or reexport of goods or services.
``(3) Loans from united states financial institutions.--The
United States Government may prohibit any United States financial
institution from making loans or providing credits to any sanctioned
person totaling more than $10,000,000 in any 12-month period unless
such person is engaged in activities to relieve human suffering and
the loans or credits are provided for such activities.
``(4) Prohibitions on financial institutions.--The following
prohibitions may be imposed against a sanctioned person that is a
financial institution:
``(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, such financial
institution as a primary dealer in United States Government debt
instruments.
``(B) Prohibition on service as a repository of government
funds.--Such financial institution may not serve as agent of the
United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as 1 sanction for purposes of section 5, and the
imposition of both such sanctions shall be treated as 2 sanctions
for purposes of section 5.
``(5) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement of, any
goods or services from a sanctioned person.
``(6) Additional sanctions.--The President may impose sanctions,
as appropriate, to restrict imports with respect to a sanctioned
person, in accordance with the International Emergency Economic
Powers Act (50 U.S.C. 1701 and following).
``SEC. 7. ADVISORY OPINIONS.
``The Secretary of State may, upon the request of any person, issue
an advisory opinion to that person as to whether a proposed activity by
that person would subject that person to sanctions under this Act. Any
person who relies in good faith on such an advisory opinion which states
that the proposed activity would not subject a person to such sanctions,
and any person who thereafter engages in such activity, will not be made
subject to such sanctions on account of such activity.
``SEC. 8. TERMINATION OF SANCTIONS.
``(a) Iran.--The requirement under section 5(a) to impose sanctions
shall no longer have force or effect with respect to Iran if the
President determines and certifies to the appropriate congressional
committees that Iran--
``(1) has ceased its efforts to design, develop, manufacture, or
acquire--
``(A) a nuclear explosive device or related materials and
technology;
``(B) chemical and biological weapons; and
``(C) ballistic missiles and ballistic missile launch
technology; and
``(2) has been removed from the list of countries the
governments of which have been determined, for purposes of section
6(j) of the Export Administration Act of 1979 [50 App. 2405(j)], to
have repeatedly provided support for acts of international
terrorism.
``(b) Libya.--The requirement under section 5(b) to impose sanctions
shall no longer have force or effect with respect to Libya if the
President determines and certifies to the appropriate congressional
committees that Libya has fulfilled the requirements of United Nations
Security Council Resolution 731, adopted January 21, 1992, United
Nations Security Council Resolution 748, adopted March 31, 1992, and
United Nations Security Council Resolution 883, adopted November 11,
1993.
``SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
``(a) Delay of Sanctions.--
``(1) Consultations.--If the President makes a determination
described in section 5(a) or 5(b) with respect to a foreign person,
the Congress urges the President to initiate consultations
immediately with the government with primary jurisdiction over that
foreign person with respect to the imposition of sanctions under
this Act.
``(2) Actions by government of jurisdiction.--In order to pursue
consultations under paragraph (1) with the government concerned, the
President may delay imposition of sanctions under this Act for up to
90 days. Following such consultations, the President shall
immediately impose sanctions unless the President determines and
certifies to the Congress that the government has taken specific and
effective actions, including, as appropriate, the imposition of
appropriate penalties, to terminate the involvement of the foreign
person in the activities that resulted in the determination by the
President under section 5(a) or 5(b) concerning such person.
``(3) Additional delay in imposition of sanctions.--The
President may delay the imposition of sanctions for up to an
additional 90 days if the President determines and certifies to the
Congress that the government with primary jurisdiction over the
person concerned is in the process of taking the actions described
in paragraph (2).
``(4) Report to congress.--Not later than 90 days after making a
determination under section 5(a) or 5(b), the President shall submit
to the appropriate congressional committees a report on the status
of consultations with the appropriate foreign government under this
subsection, and the basis for any determination under paragraph (3).
``(b) Duration of Sanctions.--A sanction imposed under section 5
shall remain in effect--
``(1) for a period of not less than 2 years from the date on
which it is imposed; or
``(2) until such time as the President determines and certifies
to the Congress that the person whose activities were the basis for
imposing the sanction is no longer engaging in such activities and
that the President has received reliable assurances that such person
will not knowingly engage in such activities in the future, except
that such sanction shall remain in effect for a period of at least 1
year.
``(c) Presidential Waiver.--
``(1) Authority.--The President may waive the requirement in
section 5 to impose a sanction or sanctions on a person described in
section 5(c), and may waive the continued imposition of a sanction
or sanctions under subsection (b) of this section, 30 days or more
after the President determines and so reports to the appropriate
congressional committees that it is important to the national
interest of the United States to exercise such waiver authority.
``(2) Contents of report.--Any report under paragraph (1) shall
provide a specific and detailed rationale for the determination
under paragraph (1), including--
``(A) a description of the conduct that resulted in the
determination under section 5(a) or (b), as the case may be;
``(B) in the case of a foreign person, an explanation of the
efforts to secure the cooperation of the government with primary
jurisdiction over the sanctioned person to terminate or, as
appropriate, penalize the activities that resulted in the
determination under section 5(a) or (b), as the case may be;
``(C) an estimate as to the significance--
``(i) of the provision of the items described in section
5(a) to Iran's ability to develop its petroleum resources,
or
``(ii) of the provision of the items described in
section 5(b)(1) to the abilities of Libya described in
subparagraph (A), (B), or (C) of section 5(b)(1), or of the
investment described in section 5(b)(2) on Libya's ability
to develop its petroleum resources,
as the case may be; and
``(D) a statement as to the response of the United States in
the event that the person concerned engages in other activities
that would be subject to section 5(a) or (b).
``(3) Effect of report on waiver.--If the President makes a
report under paragraph (1) with respect to a waiver of sanctions on
a person described in section 5(c), sanctions need not be imposed
under section 5(a) or (b) on that person during the 30-day period
referred to in paragraph (1).
``SEC. 10. REPORTS REQUIRED.
``(a) Report on Certain International Initiatives.--Not later than 6
months after the date of the enactment of this Act [Aug. 5, 1996], and
every 6 months thereafter, the President shall transmit a report to the
appropriate congressional committees describing--
``(1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease its
nuclear, chemical, biological, and missile weapons programs and its
support of acts of international terrorism;
``(2) the efforts of the President to persuade other governments
to ask Iran to reduce the presence of Iranian diplomats and
representatives of other government and military or quasi-
governmental institutions of Iran and to withdraw any such diplomats
or representatives who participated in the takeover of the United
States embassy in Tehran on November 4, 1979, or the subsequent
holding of United States hostages for 444 days;
``(3) the extent to which the International Atomic Energy Agency
has established regular inspections of all nuclear facilities in
Iran, including those presently under construction; and
``(4) Iran's use of Iranian diplomats and representatives of
other government and military or quasi-governmental institutions of
Iran to promote acts of international terrorism or to develop or
sustain Iran's nuclear, chemical, biological, and missile weapons
programs.
``(b) Other Reports.--The President shall ensure the continued
transmittal to the Congress of reports describing--
``(1) the nuclear and other military capabilities of Iran, as
required by section 601(a) of the Nuclear Non-Proliferation Act of
1978 [22 U.S.C. 3281(a)] and section 1607 of the National Defense
Authorization Act for Fiscal Year 1993 [Pub. L. 102-484 set out
below]; and
``(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual report on
international terrorism.
``SEC. 11. DETERMINATIONS NOT REVIEWABLE.
``A determination to impose sanctions under this Act shall not be
reviewable in any court.
``SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
``Nothing in this Act shall apply to any activities subject to the
reporting requirements of title V of the National Security Act of 1947
[50 U.S.C. 413 et seq.].
``SEC. 13. EFFECTIVE DATE; SUNSET.
``(a) Effective Date.--This Act shall take effect on the date of the
enactment of this Act [Aug. 5, 1996].
``(b) Sunset.--This Act shall cease to be effective on the date that
is 5 years after the date of the enactment of this Act.
``SEC. 14. DEFINITIONS.
``As used in this Act:
``(1) Act of international terrorism.--The term `act of
international terrorism' means an act--
``(A) which is violent or dangerous to human life and that
is a violation of the criminal laws of the United States or of
any State or that would be a criminal violation if committed
within the jurisdiction of the United States or any State; and
``(B) which appears to be intended--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government by
assassination or kidnapping.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Finance, the Committee on Banking, Housing, and Urban Affairs, and
the Committee on Foreign Relations of the Senate and the Committee
on Ways and Means, the Committee on Banking and Financial Services,
and the Committee on International Relations of the House of
Representatives.
``(3) Component part.--The term `component part' has the meaning
given that term in section 11A(e)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
``(4) Develop and development.--To `develop', or the
`development' of, petroleum resources means the exploration for, or
the extraction, refining, or transportation by pipeline of,
petroleum resources.
``(5) Financial institution.--The term `financial institution'
includes--
``(A) a depository institution (as defined in section
3(c)(1) of the Federal Deposit Insurance Act [12 U.S.C.
1813(c)(1)]), including a branch or agency of a foreign bank (as
defined in section 1(b)(7) of the International Banking Act of
1978 [12 U.S.C. 3101(b)(7)]);
``(B) a credit union;
``(C) a securities firm, including a broker or dealer;
``(D) an insurance company, including an agency or
underwriter; and
``(E) any other company that provides financial services.
``(6) Finished product.--The term `finished product' has the
meaning given that term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
``(7) Foreign person.--The term `foreign person' means--
``(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the United
States; or
``(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
``(8) Goods and technology.--The terms `goods' and `technology'
have the meanings given those terms in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415).
``(9) Investment.--The term `investment' means any of the
following activities if such activity is undertaken pursuant to an
agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Iran or a
nongovenmental [sic] entity in Iran, or with the Government of Libya
or a nongovernmental entity in Libya, on or after the date of the
enactment of this Act [Aug. 5, 1996]:
``(A) The entry into a contract that includes responsibility
for the development of petroleum resources located in Iran or
Libya (as the case may be), or the entry into a contract
providing for the general supervision and guarantee of another
person's performance of such a contract.
``(B) The purchase of a share of ownership, including an
equity interest, in that development.
``(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation.
The term `investment' does not include the entry into, performance,
or financing of a contract to sell or purchase goods, services, or
technology.
``(10) Iran.--The term `Iran' includes any agency or
instrumentality of Iran.
``(11) Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of iran.--The term
`Iranian diplomats and representatives of other government and
military or quasi-governmental institutions of Iran' includes
employees, representatives, or affiliates of Iran's--
``(A) Foreign Ministry;
``(B) Ministry of Intelligence and Security;
``(C) Revolutionary Guard Corps;
``(D) Crusade for Reconstruction;
``(E) Qods (Jerusalem) Forces;
``(F) Interior Ministry;
``(G) Foundation for the Oppressed and Disabled;
``(H) Prophet's Foundation;
``(I) June 5th Foundation;
``(J) Martyr's Foundation;
``(K) Islamic Propagation Organization; and
``(L) Ministry of Islamic Guidance.
``(12) Libya.--The term `Libya' includes any agency or
instrumentality of Libya.
``(13) Nuclear explosive device.--The term `nuclear explosive
device' means any device, whether assembled or disassembled, that is
designed to produce an instantaneous release of an amount of nuclear
energy from special nuclear material (as defined in section 11(aa)
of the Atomic Energy Act of 1954 [42 U.S.C. 2014(aa)]) that is
greater than the amount of energy that would be released from the
detonation of one pound of trinitrotoluene (TNT).
``(14) Person.--The term `person' means--
``(A) a natural person;
``(B) a corporation, business association, partnership,
society, trust, any other nongovernmental entity, organization,
or group, and any governmental entity operating as a business
enterprise; and
``(C) any successor to any entity described in subparagraph
(B).
``(15) Petroleum resources.--The term `petroleum resources'
includes petroleum and natural gas resources.
``(16) United states or state.--The term `United States' or
`State' means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United States.
``(17) United states person.--The term `United States person'
means--
``(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
``(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly, more
than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity.''
[Memorandum of President of the United States, Nov. 21, 1996, 61
F.R. 64249, delegated to the Secretary of State, in consultation with
the Departments of the Treasury and Commerce and the United States Trade
Representative, and with the Export-Import Bank and Federal Reserve
Board and other interested agencies as appropriate functions vested in
the President by sections 4(c), 5(a), (b), (c), (f), 6(1), (2), and 9(c)
of Pub. L. 104-172, set out above, delegated to the Secretary of State
functions vested in the President by sections 4(a), (b), (d), (e), 5(d),
(e), 9(a), (b), and 10 of Pub. L. 104-172, provided that any reference
to provisions of any Act related to the subject of the memorandum be
deemed to include references to any subsequent provision of law that is
the same or substantially the same as such provisions, and provided that
only the functions vested in the President by sections 4(a), (b), (d),
(e), 5(d), (e), and 10 of Pub. L. 104-172 and delegated by the
memorandum could be redelegated.]
Sanctions Against Serbia and Montenegro
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 540],
Sept. 30, 1996, 110 Stat. 3009-121, 3009-155, provided that:
``(a) Restrictions.--Notwithstanding any other provision of law, no
sanction, prohibition, or requirement described in section 1511 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160) [set out below], with respect to Serbia or Montenegro, may cease to
be effective, unless--
``(1) the President first submits to the Congress a
certification described in subsection (b); and
``(2) the requirements of section 1511 of that Act are met.
``(b) Certification.--A certification described in this subsection
is a certification that--
``(1) there is substantial progress toward--
``(A) the realization of a separate identity for Kosova and
the right of the people of Kosova to govern themselves; or
``(B) the creation of an international protectorate for
Kosova;
``(2) there is substantial improvement in the human rights
situation in Kosova;
``(3) international human rights observers are allowed to return
to Kosova; and
``(4) the elected government of Kosova is permitted to meet and
carry out its legitimate mandate as elected representatives of the
people of Kosova.
``(c) Waiver Authority.--The President may waive the application in
whole or in part, of subsection (a) if the President certifies to the
Congress that the President has determined that the waiver is necessary
to meet emergency humanitarian needs or to achieve a negotiated
settlement of the conflict in Bosnia and Herzegovina that is acceptable
to the parties.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110 Stat.
737.
Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107
Stat. 1839, provided that:
``(a) Codification of Executive Branch Sanctions.--The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act [Nov. 30, 1993], that were imposed by or pursuant
to the following directives of the executive branch shall (except as
provided under subsections (d) and (e)) remain in effect until changed
by law:
``(1) Executive Order 12808 of May 30, 1992 [set out below], as
continued in effect on May 25, 1993.
``(2) Executive Order 12810 of June 5, 1992 [set out below].
``(3) Executive Order 12831 of January 15, 1993 [set out below].
``(4) Executive Order 12846 of April 25, 1993 [set out below].
``(5) Department of State Public Notice 1427, effective July 11,
1991.
``(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
``(7) Department of Transportation Order 92-5-38 of May 20,
1992.
``(8) Federal Aviation Administration action of June 19, 1992
(14 C.F.R. Part 91).
``(b) Prohibition on Assistance.--No funds appropriated or otherwise
made available by law may be obligated or expended on behalf of the
government of Serbia or the government of Montenegro.
``(c) International Financial Institutions.--The 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.
``(d) Exception.--Notwithstanding any other provision of law, the
President is authorized and encouraged to exempt from sanctions imposed
against Serbia and Montenegro that are described in subsection (a) those
United States-supported programs, projects, or activities that involve
reform of the electoral process, the development of democratic
institutions or democratic political parties, or humanitarian assistance
(including refugee care and human rights observation).
``(e) Waiver Authority.--(1) The President may waive or modify the
application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the requirement in
subsection (c).
``(2) Such a waiver or modification may only be effective upon
certification by the President to Congress that the President has
determined that the waiver or modification is necessary (A) to meet
emergency humanitarian needs, or (B) to achieve a negotiated settlement
of the conflict in Bosnia-Herzegovina that is acceptable to the
parties.''
Presidential Certification To Suspend Sanctions Imposed on the Federal
Republic of Yugoslavia (Serbia and Montenegro)
Determination of the President of the United States, No. 96-7, Dec.
27, 1995, 61 F.R. 2887, provided:
Memorandum for the Secretary of State, the Secretary of the Treasury
[and] the Secretary of Transportation
Pursuant to the authority vested in me by section 1511(e)(2) of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160) [set out above] (the ``Act''), I hereby determine that the waiver
or modification of the sanctions on Serbia and Montenegro that were
imposed by or pursuant to the directives described in section 1511(a)(1-
5) and (7-8) of the Act, in conformity with the provisions of United
Nations Security Council Resolutions 1021 and 1022 of November 22, 1995,
is necessary to achieve a negotiated settlement of the conflict in
Bosnia-Herzegovina that is acceptable to the parties.
Therefore, I hereby direct the Secretary of the Treasury to take
appropriate action to suspend the application of the sanctions imposed
on Serbia and Montenegro pursuant to Executive Order No. 12808 of May
30, 1992 [set out below], Executive Order No. 12810 of June 5, 1992 [set
out below], Executive Order No. 12831 of January 15, 1993 [set out
below], and Executive Order No. 12846 of April 25, 1993 [set out below],
effective upon the transmittal of this determination to the Congress.
The property and interests in property previously blocked remain blocked
until provision is made to address claims or encumbrances, including the
claims of the other successor states of the former Yugoslavia.
I hereby direct the Secretary of Transportation to take appropriate
action to suspend the application of the sanctions imposed pursuant to
Department of Transportation Order 92-5-38 of May 20, 1992, Department
of Transportation Order 92-6-27 of June 12, 1992, and Special Federal
Aviation Regulation No. 66-2 of May 31, 1995 (14 C.F.R. Part 91, 60
Federal Register 28477), effective upon the transmittal of this
determination to the Congress.
I hereby authorize the Secretary of State to take appropriate action
to suspend the application of the sanctions imposed pursuant to
Department of State Public Notice 1427 of July 11, 1991, at the
appropriate time in conformity with the provisions of United Nations
Security Council Resolution 1021 of November 22, 1995.
The national emergency declared in Executive Order No. 12808 [set
out below] and expanded in Executive Order No. 12934 [set out below]
shall continue in effect.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
William J. Clinton.
Iran-Iraq Arms Non-Proliferation
Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat. 2571,
as amended by Pub. L. 104-106, div. A, title XIV, Sec. 1408(a)-(c), Feb.
10, 1996, 110 Stat. 494, provided that:
``SEC. 1601. SHORT TITLE.
``This title may be cited as the `Iran-Iraq Arms Non-Proliferation
Act of 1992'.
``SEC. 1602. UNITED STATES POLICY.
``(a) In General.--It shall be the policy of the United States to
oppose, and urgently to seek the agreement of other nations also to
oppose, any transfer to Iran or Iraq of any goods or technology,
including dual-use goods or technology, wherever that transfer could
materially contribute to either country's acquiring chemical,
biological, nuclear, or destabilizing numbers and types of advanced
conventional weapons.
``(b) Sanctions.--(1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to Iran, Iraq,
and those nations and persons who assist them in acquiring weapons of
mass destruction in accordance with the Foreign Assistance Act of 1961
[22 U.S.C. 2151 et seq.], the Nuclear Non-Proliferation Act of 1978 [22
U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of
the Arms Export Control Act [22 U.S.C. 2797 et seq.], and other relevant
statutes, regarding the non-proliferation of weapons of mass destruction
and the means of their delivery.
``(2) The President should also urgently seek the agreement of other
nations to adopt and institute, at the earliest practicable date,
sanctions and controls comparable to those the United States is
obligated to apply under this subsection.
``(c) Public Identification.--The Congress calls on the President to
identify publicly (in the report required by section 1607) any country
or person that transfers goods or technology to Iran or Iraq contrary to
the policy set forth in subsection (a).
``SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
``The sanctions against Iraq specified in paragraphs (1) through (4)
of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in
Public Law 101-513) [set out below], including denial of export licenses
for United States persons and prohibitions on United States Government
sales, shall be applied to the same extent and in the same manner with
respect to Iran.
``SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
``(a) Prohibition.--If any person transfers or retransfers goods or
technology so as to contribute knowingly and materially to the efforts
by Iran or Iraq (or any agency or instrumentality of either such
country) to acquire chemical, biological, or nuclear weapons or to
acquire destabilizing numbers and types of advanced conventional
weapons, then the sanctions described in subsection (b) shall be
imposed.
``(b) Mandatory Sanctions.--The sanctions to be imposed pursuant to
subsection (a) are as follows:
``(1) Procurement sanction.--For a period of two years, the
United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
``(2) Export sanction.--For a period of two years, the United
States Government shall not issue any license for any export by or
to the sanctioned person.
``SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
``(a) Prohibition.--If the President determines that the government
of any foreign country transfers or retransfers goods or technology so
as to contribute knowingly and materially to the efforts by Iran or Iraq
(or any agency or instrumentality of either such country) to acquire
chemical, biological, or nuclear weapons or to acquire destabilizing
numbers and types of advanced conventional weapons, then--
``(1) the sanctions described in subsection (b) shall be imposed
on such country; and
``(2) in addition, the President may apply, in the discretion of
the President, the sanction described in subsection (c).
``(b) Mandatory Sanctions.--Except as provided in paragraph (2), the
sanctions to be imposed pursuant to subsection (a)(1) are as follows:
``(1) Suspension of united states assistance.--The United States
Government shall suspend, for a period of one year, United States
assistance to the sanctioned country.
``(2) Multilateral development bank assistance.--The Secretary
of the Treasury shall instruct the United States Executive Director
to each appropriate international financial institution to oppose,
and vote against, for a period of one year, the extension by such
institution of any loan or financial or technical assistance to the
sanctioned country.
``(3) Suspension of codevelopment or coproduction agreements.--
The United States shall suspend, for a period of one year,
compliance with its obligations under any memorandum of
understanding with the sanctioned country for the codevelopment or
coproduction of any item on the United States Munitions List
(established under section 38 of the Arms Export Control Act [22
U.S.C. 2778]), including any obligation for implementation of the
memorandum of understanding through the sale to the sanctioned
country of technical data or assistance or the licensing for export
to the sanctioned country of any component part.
``(4) Suspension of military and dual-use technical exchange
agreements.--The United States shall suspend, for a period of one
year, compliance with its obligations under any technical exchange
agreement involving military and dual-use technology between the
United States and the sanctioned country that does not directly
contribute to the security of the United States, and no military or
dual-use technology may be exported from the United States to the
sanctioned country pursuant to that agreement during that period.
``(5) United states munitions list.--No item on the United
States Munitions List (established pursuant to section 38 of the
Arms Export Control Act) may be exported to the sanctioned country
for a period of one year.
``(c) Discretionary Sanction.--The sanction referred to in
subsection (a)(2) is as follows:
``(1) Use of authorities of international emergency economic
powers act.--Except as provided in paragraph (2), the President may
exercise, in accordance with the provisions of that Act [50 U.S.C.
1701 et seq.], the authorities of the International Emergency
Economic Powers Act with respect to the sanctioned country.
``(2) Exception.--Paragraph (1) does not apply with respect to
urgent humanitarian assistance.
``SEC. 1606. WAIVER.
``The President may waive the requirement to impose a sanction
described in section 1603, in the case of Iran, or a sanction described
in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days
after the President determines and so reports to the Committees on Armed
Services and Foreign Relations of the Senate and the Committees on Armed
Services [now Committee on National Security] and Foreign Affairs [now
Committee on International Relations] of the House of Representatives
that it is essential to the national interest of the United States to
exercise such waiver authority. Any such report shall provide a specific
and detailed rationale for such determination.
``SEC. 1607. REPORTING REQUIREMENT.
``(a) Annual Report.--Beginning one year after the date of the
enactment of this Act [Oct. 23, 1992], and every 12 months thereafter,
the President shall submit to the Committees on Armed Services and
Foreign Relations of the Senate and the Committees on Armed Services
[now Committee on National Security] and Foreign Affairs [now Committee
on International Relations] of the House of Representatives a report
detailing--
``(1) all transfers or retransfers made by any person or foreign
government during the preceding 12-month period which are subject to
any sanction under this title; and
``(2) the actions the President intends to undertake or has
undertaken pursuant to this title with respect to each such
transfer.
``(b) Report on Individual Transfers.--Whenever the President
determines that a person or foreign government has made a transfer which
is subject to any sanction under this title, the President shall, within
30 days after such transfer, submit to the Committees on Armed Services
and Foreign Relations of the Senate and the Committees on Armed Services
[now Committee on National Security] and Foreign Affairs [now Committee
on International Relations] of the House of Representatives a report--
``(1) identifying the person or government and providing the
details of the transfer; and
``(2) describing the actions the President intends to undertake
or has undertaken under the provisions of this title with respect to
each such transfer.
``(c) Form of Transmittal.--Reports required by this section may be
submitted in classified as well as in unclassified form.
``SEC. 1608. DEFINITIONS.
``For purposes of this title:
``(1) The term `advanced conventional weapons' includes--
``(A) such long-range precision-guided munitions, fuel air
explosives, cruise missiles, low observability aircraft, other
radar evading aircraft, advanced military aircraft, military
satellites, electromagnetic weapons, and laser weapons as the
President determines destabilize the military balance or enhance
offensive capabilities in destabilizing ways;
``(B) such advanced command, control, and communications
systems, electronic warfare systems, or intelligence collection
systems as the President determines destabilize the military
balance or enhance offensive capabilities in destabilizing ways;
and
``(C) such other items or systems as the President may, by
regulation, determine necessary for purposes of this title.
``(2) The term `cruise missile' means guided missiles that use
aerodynamic lift to offset gravity and propulsion to counteract
drag.
``(3) The term `goods or technology' means--
``(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment; and
``(B) any information and know-how (whether in tangible
form, such as models, prototypes, drawings, sketches, diagrams,
blueprints, or manuals, or in intangible form, such as training
or technical services) that can be used to design, produce,
manufacture, utilize, or reconstruct goods, including computer
software and technical data.
``(4) The term `person' means any United States or foreign
individual, partnership, corporation, or other form of association,
or any of their successor entities, parents, or subsidiaries.
``(5) The term `sanctioned country' means a country against
which sanctions are required to be imposed pursuant to section 1605.
``(6) The term `sanctioned person' means a person that makes a
transfer described in section 1604(a).
``(7) The term `United States assistance' means--
``(A) any assistance under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian
assistance or medicine;
``(B) sales and assistance under the Arms Export Control Act
[22 U.S.C. 2751 et seq.];
``(C) financing by the Commodity Credit Corporation for
export sales of agricultural commodities; and
``(D) financing under the Export-Import Bank Act [of 1945]
[22 U.S.C. 635 et seq.].''
[Memorandum of President of the United States, Sept. 27, 1994, 59
F.R. 50685, delegated to Secretary of State, in consultation with heads
of other departments and agencies, all functions vested in President
under title XVI of Pub. L. 102-484, set out above, without limitation of
authority of other officials to exercise powers heretofore or hereafter
delegated to them to implement sanctions imposed or actions directed by
the Secretary pursuant to this delegation of authority.]
Payment of Claims by United States Nationals Against Iraq
Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which
authorized President to vest title in a portion of property in which
transactions were blocked pursuant to Executive Order 12722 in order to
satisfy obligations owed to United States Government and United States
nationals for which Iraq had suspended repayment, was repealed by Pub.
L. 102-27, title IV, Sec. 402(a), Apr. 10, 1991, 105 Stat. 155, as
amended by Pub. L. 102-136, Sec. 126, Oct. 25, 1991, 105 Stat. 643,
effective Nov. 5, 1990.
Iraq Sanctions
Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104 Stat.
2047-2054, provided that:
``SEC. 586. SHORT TITLE.
``Sections 586 through 586J of this Act may be cited as the `Iraq
Sanctions Act of 1990'.
``SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
``The Congress--
``(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
``(2) supports the actions that have been taken by the President
in response to that invasion;
``(3) calls for the immediate and unconditional withdrawal of
Iraqi forces from Kuwait;
``(4) supports the efforts of the United Nations Security
Council to end this violation of international law and threat to
international peace;
``(5) supports the imposition and enforcement of multilateral
sanctions against Iraq;
``(6) calls on United States allies and other countries to
support fully the efforts of the United Nations Security Council,
and to take other appropriate actions, to bring about an end to
Iraq's occupation of Kuwait; and
``(7) condemns the brutal occupation of Kuwait by Iraq and its
gross violations of internationally recognized human rights in
Kuwait, including widespread arrests, torture, summary executions,
and mass extrajudicial killings.
``SEC. 586B. CONSULTATIONS WITH CONGRESS.
``The President shall keep the Congress fully informed, and shall
consult with the Congress, with respect to current and anticipated
events regarding the international crisis caused by Iraq's invasion of
Kuwait, including with respect to United States actions.
``SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
``(a) Continuation of Embargo.--Except as otherwise provided in this
section, the President shall continue to impose the trade embargo and
other economic sanctions with respect to Iraq and Kuwait that the United
States is imposing, in response to Iraq's invasion of Kuwait, pursuant
to Executive Orders Numbered 12724 and 12725 [set out below] (August 9,
1990) and, to the extent they are still in effect, Executive Orders
Numbered 12722 and 12723 [set out below] (August 2, 1990).
Notwithstanding any other provision of law, no funds, credits,
guarantees, or insurance appropriated or otherwise made available by
this or any other Act for fiscal year 1991 or any fiscal year thereafter
shall be used to support or administer any financial or commercial
operation of any United States Government department, agency, or other
entity, or of any person subject to the jurisdiction of the United
States, for the benefit of the Government of Iraq, its agencies or
instrumentalities, or any person working on behalf of the Government of
Iraq, contrary to the trade embargo and other economic sanctions imposed
in accordance with this section.
``(b) Humanitarian Assistance.--To the extent that transactions
involving foodstuffs or payments for foodstuffs are exempted `in
humanitarian circumstances' from the prohibitions established by the
United States pursuant to United Nations Security Council Resolution 661
(1990), those exemptions shall be limited to foodstuffs that are to be
provided consistent with United Nations Security Council Resolution 666
(1990) and other relevant Security Council resolutions.
``(c) Notice to Congress of Exceptions to and Termination of
Sanctions.--
``(1) Notice of regulations.--Any regulations issued after the
date of enactment of this Act [Nov. 5, 1990] with respect to the
economic sanctions imposed with respect to Iraq and Kuwait by the
United States under Executive Orders Numbered 12722 and 12723
(August 2, 1990) and Executive Orders Numbered 12724 and 12725
(August 9, 1990) shall be submitted to the Congress before those
regulations take effect.
``(2) Notice of termination of sanctions.--The President shall
notify the Congress at least 15 days before the termination, in
whole or in part, of any sanction imposed with respect to Iraq or
Kuwait pursuant to those Executive orders.
``(d) Relation to Other Laws.--
``(1) Sanctions legislation.--The sanctions that are described
in subsection (a) are in addition to, and not in lieu of the
sanctions provided for in section 586G of this Act or any other
provision of law.
``(2) National emergencies and united nations legislation.--
Nothing in this section supersedes any provision of the National
Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the
President under the International Emergency Economic Powers Act [50
U.S.C. 1701 et seq.] or section 5(a) of the United Nations
Participation Act of 1945 [22 U.S.C. 287c(a)].
``SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.
``(a) Denial of Assistance.--None of the funds appropriated or
otherwise made available pursuant to this Act [see Tables for
classification] to carry out the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22
U.S.C. 2191 et seq.], relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may
be used to provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against Iraq unless
the President determines and so certifies to the Congress that--
``(1) such assistance is in the national interest of the United
States;
``(2) such assistance will directly benefit the needy people in
that country; or
``(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
``(b) Import Sanctions.--If the President considers that the taking
of such action would promote the effectiveness of the economic sanctions
of the United Nations and the United States imposed with respect to
Iraq, and is consistent with the national interest, the President may
prohibit, for such a period of time as he considers appropriate, the
importation into the United States of any or all products of any foreign
country that has not prohibited--
``(1) the importation of products of Iraq into its customs
territory, and
``(2) the export of its products to Iraq.
``SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
``Notwithstanding section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United
Nations Participation Act of 1945 (22 U.S.C. 287c(b))--
``(1) a civil penalty of not to exceed $250,000 may be imposed
on any person who, after the date of enactment of this Act [Nov. 5,
1990], violates or evades or attempts to violate or evade Executive
Order Numbered 12722, 12723, 12724, or 12725 [set out below] or any
license, order, or regulation issued under any such Executive order;
and
``(2) whoever, after the date of enactment of this Act,
willfully violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 or any
license, order, or regulation issued under any such Executive
order--
``(A) shall, upon conviction, be fined not more than
$1,000,000, if a person other than a natural person; or
``(B) if a natural person, shall, upon conviction, be fined
not more than $1,000,000, be imprisoned for not more than 12
years, or both.
Any officer, director, or agent of any corporation who knowingly
participates in a violation, evasion, or attempt described in paragraph
(2) may be punished by imposition of the fine or imprisonment (or both)
specified in subparagraph (B) of that paragraph.
``SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF
INTERNATIONAL LAW.
``(a) Iraq's Violations of International Law.--The Congress
determines that--
``(1) the Government of Iraq has demonstrated repeated and
blatant disregard for its obligations under international law by
violating the Charter of the United Nations, the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare (done at Geneva,
June 17, 1925), as well as other international treaties;
``(2) the Government of Iraq is a party to the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights and is obligated
under the Covenants, as well as the Universal Declaration of Human
Rights, to respect internationally recognized human rights;
``(3) the State Department's Country Reports on Human Rights
Practices for 1989 again characterizes Iraq's human rights record as
`abysmal';
``(4) Amnesty International, Middle East Watch, and other
independent human rights organizations have documented extensive,
systematic, and continuing human rights abuses by the Government of
Iraq, including summary executions, mass political killings,
disappearances, widespread use of torture, arbitrary arrests and
prolonged detention without trial of thousands of political
opponents, forced relocation and deportation, denial of nearly all
civil and political rights such as freedom of association, assembly,
speech, and the press, and the imprisonment, torture, and execution
of children;
``(5) since 1987, the Government of Iraq has intensified its
severe repression of the Kurdish minority of Iraq, deliberately
destroyed more than 3,000 villages and towns in the Kurdish regions,
and forcibly expelled more than 500,000 people, thus effectively
depopulating the rural areas of Iraqi Kurdistan;
``(6) Iraq has blatantly violated international law by
initiating use of chemical weapons in the Iran-Iraq war;
``(7) Iraq has also violated international law by using chemical
weapons against its own Kurdish citizens, resulting in tens of
thousands of deaths and more than 65,000 refugees;
``(8) Iraq continues to expand its chemical weapons capability,
and President Saddam Hussein has threatened to use chemical weapons
against other nations;
``(9) persuasive evidence exists that Iraq is developing
biological weapons in violation of international law;
``(10) there are strong indications that Iraq has taken steps to
produce nuclear weapons and has attempted to smuggle from the United
States, in violation of United States law, components for triggering
devices used in nuclear warheads whose manufacture would contravene
the Treaty on the Non-Proliferation of Nuclear Weapons, to which
Iraq is a party; and
``(11) Iraqi President Saddam Hussein has threatened to use
terrorism against other nations in violation of international law
and has increased Iraq's support for the Palestine Liberation
Organization and other Palestinian groups that have conducted
terrorist acts.
``(b) Human Rights Violations.--The Congress determines that the
Government of Iraq is engaged in a consistent pattern of gross
violations of internationally recognized human rights. All provisions of
law that impose sanctions against a country whose government is engaged
in a consistent pattern of gross violations of internationally
recognized human rights shall be fully enforced against Iraq.
``(c) Support for International Terrorism.--(1) The Congress
determines that Iraq is a country which has repeatedly provided support
for acts of international terrorism, a country which grants sanctuary
from prosecution to individuals or groups which have committed an act of
international terrorism, and a country which otherwise supports
international terrorism. The provisions of law specified in paragraph
(2) and all other provisions of law that impose sanctions against a
country which has repeatedly provided support for acts of international
terrorism, which grants sanctuary from prosecution to an individual or
group which has committed an act of international terrorism, or which
otherwise supports international terrorism shall be fully enforced
against Iraq.
``(2) The provisions of law referred to in paragraph (1) are--
``(A) section 40 of the Arms Export Control Act [22 U.S.C.
2780];
``(B) section 620A of the Foreign Assistance Act of 1961 [22
U.S.C. 2371];
``(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022]
(and the corresponding sections of predecessor foreign operations
appropriations Acts); and
``(D) section 555 of the International Security and Development
Cooperation Act of 1985 [99 Stat. 227].
``(d) Multilateral Cooperation.--The Congress calls on the President
to seek multilateral cooperation--
``(1) to deny dangerous technologies to Iraq;
``(2) to induce Iraq to respect internationally recognized human
rights; and
``(3) to induce Iraq to allow appropriate international
humanitarian and human rights organizations to have access to Iraq
and Kuwait, including the areas in northern Iraq traditionally
inhabited by Kurds.
``SEC. 586G. SANCTIONS AGAINST IRAQ.
``(a) Imposition.--Except as provided in section 586H, the following
sanctions shall apply with respect to Iraq:
``(1) FMS sales.--The United States Government shall not enter
into any sale with Iraq under the Arms Export Control Act [22 U.S.C.
2751 et seq.].
``(2) Commercial arms sales.--Licenses shall not be issued for
the export to Iraq of any item on the United States Munitions List.
``(3) Exports of certain goods and technology.--The authorities
of section 6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2405) shall be used to prohibit the export to Iraq of any goods
or technology listed pursuant to that section or section 5(c)(1) of
that Act (50 U.S.C. App. 2404(c)(1)) on the control list provided
for in section 4(b) of that Act (50 U.S.C. App. 2403(b)).
``(4) Nuclear equipment, materials, and technology.--
``(A) NRC licenses.--The Nuclear Regulatory Commission shall
not issue any license or other authorization under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 and following) for the export
to Iraq of any source or special nuclear material, any
production or utilization facility, any sensitive nuclear
technology, any component, item, or substance determined to have
significance for nuclear explosive purposes pursuant to section
109b. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), or
any other material or technology requiring such a license or
authorization.
``(B) Distribution of nuclear materials.--The authority of
the Atomic Energy Act of 1954 shall not be used to distribute
any special nuclear material, source material, or byproduct
material to Iraq.
``(C) DOE authorizations.--The Secretary of Energy shall not
provide a specific authorization under section 57b.(2) of the
Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any
activity that would constitute directly or indirectly engaging
in Iraq in activities that require a specific authorization
under that section.
``(5) Assistance from international financial institutions.--The
United States shall oppose any loan or financial or technical
assistance to Iraq by international financial institutions in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d).
``(6) Assistance through the export-import bank.--Credits and
credit guarantees through the Export-Import Bank of the United
States shall be denied to Iraq.
``(7) Assistance through the commodity credit corporation.--
Credit, credit guarantees, and other assistance through the
Commodity Credit Corporation shall be denied to Iraq.
``(8) Foreign assistance.--All forms of assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following) other
than emergency assistance for medical supplies and other forms of
emergency humanitarian assistance, and under the Arms Export Control
Act (22 U.S.C. 2751 and following) shall be denied to Iraq.
``(b) Contract Sanctity.--For purposes of the export controls
imposed pursuant to subsection (a)(3), the date described in subsection
(m)(1) of section 6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2405) shall be deemed to be August 1, 1990.
``SEC. 586H. WAIVER AUTHORITY.
``(a) In General.--The President may waive the requirements of any
paragraph of section 586G(a) if the President makes a certification
under subsection (b) or subsection (c).
``(b) Certification of Fundamental Changes in Iraqi Policies and
Actions.--The authority of subsection (a) may be exercised 60 days after
the President certifies to the Congress that--
``(1) the Government of Iraq--
``(A) has demonstrated, through a pattern of conduct,
substantial improvement in its respect for internationally
recognized human rights;
``(B) is not acquiring, developing, or manufacturing (i)
ballistic missiles, (ii) chemical, biological, or nuclear
weapons, or (iii) components for such weapons; has forsworn the
first use of such weapons; and is taking substantial and
verifiable steps to destroy or otherwise dispose of any such
missiles and weapons it possesses; and
``(C) does not provide support for international terrorism;
``(2) the Government of Iraq is in substantial compliance with
its obligations under international law, including--
``(A) the Charter of the United Nations;
``(B) the International Covenant on Civil and Political
Rights (done at New York, December 16, 1966) and the
International Covenant on Economic, Social, and Cultural Rights
(done at New York, December 16, 1966);
``(C) the Convention on the Prevention and Punishment of the
Crime of Genocide (done at Paris, December 9, 1948);
``(D) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare (done at Geneva, June 17, 1925);
``(E) the Treaty on the Non-Proliferation of Nuclear Weapons
(done at Washington, London, and Moscow, July 1, 1968); and
``(F) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (done at Washington,
London, and Moscow, April 10, 1972); and
``(3) the President has determined that it is essential to the
national interests of the United States to exercise the authority of
subsection (a).
``(c) Certification of Fundamental Changes in Iraqi Leadership and
Policies.--The authority of subsection (a) may be exercised 30 days
after the President certifies to the Congress that--
``(1) there has been a fundamental change in the leadership of
the Government of Iraq; and
``(2) the new Government of Iraq has provided reliable and
credible assurance that--
``(A) it respects internationally recognized human rights
and it will demonstrate such respect through its conduct;
``(B) it is not acquiring, developing, or manufacturing and
it will not acquire, develop, or manufacture (i) ballistic
missiles, (ii) chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn the first use of
such weapons; and is taking substantial and verifiable steps to
destroy or otherwise dispose of any such missiles and weapons it
possesses;
``(C) it is not and will not provide support for
international terrorism; and
``(D) it is and will continue to be in substantial
compliance with its obligations under international law,
including all the treaties specified in subparagraphs (A)
through (F) of subsection (b)(2).
``(d) Information To Be Included in Certifications.--Any
certification under subsection (b) or (c) shall include the
justification for each determination required by that subsection. The
certification shall also specify which paragraphs of section 586G(a) the
President will waive pursuant to that certification.
``SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR
WEAPONS CAPABILITY.
``(a) Restriction on Export Licenses.--None of the funds
appropriated by this or any other Act may be used to approve the
licensing for export of any supercomputer to any country whose
government the President determines is assisting, or whose government
officials the President determines are assisting, Iraq to improve its
rocket technology or chemical, biological, or nuclear weapons
capability.
``(b) Negotiations.--The President is directed to begin immediate
negotiations with those governments with which the United States has
bilateral supercomputer agreements, including the Government of the
United Kingdom and the Government of Japan, on conditions restricting
the transfer to Iraq of supercomputer or associated technology.
``SEC. 586J. REPORTS TO CONGRESS.
``(a) Study and Report on the International Export to Iraq of
Nuclear, Biological, Chemical, and Ballistic Missile Technology.--(1)
The President shall conduct a study on the sale, export, and third party
transfer or development of nuclear, biological, chemical, and ballistic
missile technology to or with Iraq including--
``(A) an identification of specific countries, as well as
companies and individuals, both foreign and domestic, engaged in
such sale or export of, nuclear, biological, chemical, and ballistic
missile technology;
``(B) a detailed description and analysis of the international
supply, information, support, and coproduction network, individual,
corporate, and state, responsible for Iraq's current capability in
the area of nuclear, biological, chemical, and ballistic missile
technology; and
``(C) a recommendation of standards and procedures against which
to measure and verify a decision of the Government of Iraq to
terminate the development, production, coproduction, and deployment
of nuclear, biological, chemical, and offensive ballistic missile
technology as well as the destruction of all existing facilities
associated with such technologies.
``(2) The President shall include in the study required by paragraph
(1) specific recommendations on new mechanisms, to include, but not be
limited to, legal, political, economic and regulatory, whereby the
United States might contribute, in conjunction with its friends, allies,
and the international community, to the management, control, or
elimination of the threat of nuclear, biological, chemical, and
ballistic missile proliferation.
``(3) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee on
Foreign Affairs [now Committee on International Relations] of the House
of Representatives, a report, in both classified and unclassified form,
setting forth the findings of the study required by paragraph (1) of
this subsection.
``(b) Study and Report on Iraq's Offensive Military Capability.--(1)
The President shall conduct a study on Iraq's offensive military
capability and its effect on the Middle East balance of power including
an assessment of Iraq's power projection capability, the prospects for
another sustained conflict with Iran, joint Iraqi-Jordanian military
cooperation, the threat Iraq's arms transfer activities pose to United
States allies in the Middle East, and the extension of Iraq's political-
military influence into Africa and Latin America.
``(2) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee on
Foreign Affairs [now Committee on International Relations] of the House
of Representatives, a report, in both classified and unclassified form,
setting forth the findings of the study required by paragraph (1).
``(c) Report on Sanctions Taken by Other Nations Against Iraq.--(1)
The President shall prepare a report on the steps taken by other
nations, both before and after the August 2, 1990, invasion of Kuwait,
to curtail the export of goods, services, and technologies to Iraq which
might contribute to, or enhance, Iraq's nuclear, biological, chemical,
and ballistic missile capability.
``(2) The President shall provide a complete accounting of
international compliance with each of the sanctions resolutions adopted
by the United Nations Security Council against Iraq since August 2,
1990, and shall list, by name, each country which to his knowledge, has
provided any assistance to Iraq and the amount and type of that
assistance in violation of each United Nations resolution.
``(3) The President shall make every effort to encourage other
nations, in whatever forum or context, to adopt sanctions toward Iraq
similar to those contained in this section.
``(4) Not later than every 6 months after the date of enactment of
this Act [Nov. 5, 1990], the President shall submit to the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Committee on Foreign Affairs
[now Committee on International Relations] of the House of
Representatives, a report in both classified and unclassified form,
setting forth the findings of the study required by paragraph (1) of
this subsection.''
[Provisions similar to section 586D of Pub. L. 101-513, set out
above, relating to compliance with sanctions against Iraq were contained
in the following appropriations acts:
[Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 533],
Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.
[Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat. 734.
[Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat. 1639.
[Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat. 957.
[Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat. 1683.]
Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104
Stat. 1697, provided that: ``If the President considers that the taking
of such action would promote the effectiveness of the economic sanctions
of the United Nations and the United States imposed with respect to
Iraq, and is consistent with the national interest, the President may
prohibit, for such a period of time as he considers appropriate, the
importation into the United States of any or all products of any foreign
country that has not--
``(1) prohibited--
``(A) the importation of products of Iraq into its customs
territory, and
``(B) the export of its products to Iraq; or
``(2) given assurances satisfactory to the President that such
import and export sanctions will be promptly implemented.''
Iran Claims Settlement
Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided that:
``SEC. 501. RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.
``(a) Authority of Foreign Claims Settlement Commission.--The
Foreign Claims Settlement Commission of the United States is authorized
to receive and determine the validity and amounts of claims by nationals
of the United States against Iran which are settled en bloc by the
United States. In deciding such claims, the Commission shall apply, in
the following order--
``(1) the terms of any settlement agreement;
``(2) the relevant provisions of the Declarations of the
Government of the Democratic and Popular Republic of Algeria of
January 19, 1981, giving consideration to interpretations thereof by
the Iran-United States Claims Tribunal; and
``(3) applicable principles of international law, justice, and
equity.
Except as otherwise provided in this title, the provisions of title I of
the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.)
shall apply with respect to claims under this section. Any reference in
such provisions to `this title' [translated therein as `this
subchapter'] shall be deemed to refer to those provisions and to this
section.
``(b) Certification and Payment.--The Commission shall certify to
the Secretary of the Treasury any awards determined pursuant to
subsection (a) in accordance with section 5 of title I of the
International Claims Settlement Act of 1949 (22 U.S.C. 1624). Such
awards shall be paid in accordance with sections 7 and 8 of such title
(22 U.S.C. 1626 and 1627), except that--
``(1) the Secretary of the Treasury is authorized to make
payments pursuant to paragraphs (1) and (2) of section 8(c) of such
title in the amount of $10,000 or the principal amount of the award,
whichever is less; and
``(2) the Secretary of the Treasury may deduct, pursuant to
section 7(b) of such title, an amount calculated in accordance with
section 502(a) of this Act, instead of 5 percent of payments made
pursuant to section 8(c) of such title.
``SEC. 502. DEDUCTIONS FROM ARBITRAL AWARDS.
``(a) Deduction for Expenses of the United States.--Except as
provided in section 503, the Federal Reserve Bank of New York shall
deduct from the aggregate amount awarded under each enumerated claim
before the Iran-United States Claims Tribunal in favor of a United
States claimant, an amount equal to 1\1/2\ percent of the first
$5,000,000 and 1 percent of any amount over $5,000,000, as reimbursement
to the United States Government for expenses incurred in connection with
the arbitration of claims of United States claimants against Iran before
that Tribunal and the maintenance of the Security Account established
pursuant to the Declarations of the Democratic and Popular Republic of
Algeria of January 19, 1981. The Federal Reserve Bank of New York shall
make the deduction required by the preceding sentence whenever the Bank
receives an amount from the Security Account in satisfaction of an award
rendered by the Iran-United States Claim Tribunal on the enumerated
claim involved.
``(b) Deduction Treated as Miscellaneous Receipt.--Amounts deducted
by the Federal Reserve Bank of New York pursuant to subsection (a) shall
be deposited into the Treasury of the United States to the credit of
miscellaneous receipts.
``(c) Payment to United States Claimants.--Nothing in this section
shall be construed to affect the payment to United States claimants of
amounts received by the Federal Reserve Bank of New York in respect of
awards by the Iran-United States Claims Tribunal, after deduction of the
amounts calculated in accordance with subsection (a).
``(d) Effective Date.--This section shall be effective as of June 7,
1982.
``SEC. 503. EN BLOC SETTLEMENT.
``The deduction by the Federal Reserve Bank of New York provided for
in section 502(a) of this Act shall not apply in the case of a sum
received by the Bank pursuant to an en bloc settlement of any category
of claims of United States nationals against Iran when such sum is to be
used for payments in satisfaction of awards certified by the Foreign
Claims Settlement Commission pursuant to section 501(b) of this Act.
``SEC. 504. REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.
``The Secretary of the Treasury may reimburse the Federal Reserve
Bank of New York for expenses incurred by the Bank in the performance of
fiscal agency agreements relating to the settlement or arbitration of
claims pursuant to the Declarations of the Democratic and Popular
Republic of Algeria of January 19, 1981.
``SEC. 505. CONFIDENTIALITY OF RECORDS.
``Notwithstanding section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information Act), records
pertaining to the arbitration of claims before the Iran-United States
Claims Tribunal may not be disclosed to the general public, except
that--
``(1) rules, awards, and other decisions of the Tribunal and
claims and responsive pleadings filed at the Tribunal by the United
States on its own behalf shall be made available to the public,
unless the Secretary of State determines that public disclosure
would be prejudicial to the interests of the United States or United
States claimants in proceedings before the Tribunal, or that public
disclosure would be contrary to the rules of the Tribunal; and
``(2) the Secretary of State may determine on a case-by-case
basis to make such information available when in the judgment of the
Secretary the interests of justice so require.''
Ex. Ord. No. 12170. Blocking Iranian Government Property
Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729, provided:
Pursuant to the authority vested in me as President by the
Constitution and laws of the United States including the International
Emergency Economic Powers Act, 50 U.S.C.A. sec. 1701 et seq., the
National Emergencies Act, 50 U.S.C. sec. 1601 et seq., and 3 U.S.C. sec.
301,
I, JIMMY CARTER, President of the United States, find that the
situation in Iran constitutes an unusual and extraordinary threat to the
national security, foreign policy and economy of the United States and
hereby declare a national emergency to deal with that threat.
I hereby order blocked all property and interests in property of the
Government of Iran, its instrumentalities and controlled entities and
the Central Bank of Iran which are or become subject to the jurisdiction
of the United States or which are in or come within the possession or
control of persons subject to the jurisdiction of the United States.
The Secretary of the Treasury is authorized to employ all powers
granted to me by the International Emergency Economic Powers Act [this
chapter] to carry out the provisions of this order.
This order is effective immediately and shall be transmitted to the
Congress and published in the Federal Register.
Jimmy Carter.
Continuation of National Emergency Declared by Ex. Ord. No. 12170
Notice of President of the United States, dated Oct. 29, 1996, 61
F.R. 56107, provided:
On November 14, 1979, by Executive Order 12170 [set out above], the
President declared a national emergency to deal with the threat to the
national security, foreign policy, and economy of the United States
constituted by the situation in Iran. Notices of the continuation of
this national emergency have been transmitted annually by the President
to the Congress and the Federal Register. The most recent notice
appeared in the Federal Register on November 2, 1995. Because our
relations with Iran have not yet returned to normal, and the process of
implementing the January 19, 1981, agreements with Iran is still
underway, the national emergency declared on November 14, 1979, must
continue in effect beyond November 14, 1996. 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 Iran. This notice
shall be published in the Federal Register and transmitted to the
Congress.
William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord. No.
12170 were contained in the following:
Notice of President of the United States, dated Oct. 31, 1995, 60
F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994, 59
F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993, 58
F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992, 57
F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991, 56
F.R. 57791.
Notice of the President of the United States, dated Nov. 9, 1990, 55
F.R. 47453.
Notice of the President of the United States, dated Oct. 30, 1989,
54 F.R. 46043.
Notice of the President of the United States, dated Nov. 8, 1988, 53
F.R. 45750.
Notice of the President of the United States, dated Nov. 10, 1987,
52 F.R. 43549.
Notice of the President of the United States, dated Nov. 10, 1986,
51 F.R. 41067.
Notice of the President of the United States, dated Nov. 1, 1985, 50
F.R. 45901.
Notice of the President of the United States, dated Nov. 7, 1984, 49
F.R. 44741.
Notice of the President of the United States, dated Nov. 8, 1982, 47
F.R. 50841.
Ex. Ord. No. 12205. Prohibiting Certain Transactions With Iran
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by Ex.
Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, and Section 301 of the
National Emergencies Act (50 U.S.C. 1631), in order to take steps
additional to those set forth in Executive Order No. 12170 of November
14, 1979 [set out as a note above], to deal with the threat to the
national security, foreign policy and economy of the United States
referred to in that Order, and in furtherance of the objectives of
United Nations Security Council Resolution 461 (1979) adopted on
December 31, 1979, it is hereby ordered as follows:
1-101. The following are prohibited effective immediately,
notwithstanding any contracts entered into or licenses granted before
the date of this Order [Apr. 7, 1980]:
(a) The sale, supply or other transfer, by any person subject to the
jurisdiction of the United States, of any items, commodities or
products, except food, medicine and supplies intended strictly for
medical purposes, and donations of clothing intended to be used to
relieve human suffering, from the United States, or from any foreign
country, whether or not originating in the United States, either to or
destined for Iran, an Iranian governmental entity in Iran, any other
person or body in Iran or any other person or body for the purposes of
any enterprise carried on in Iran.
(b) The shipment by vessel, aircraft, railway or other land
transport of United States registration or owned by or under charter to
any person subject to the jurisdiction of the United States or the
carriage (whether or not in bond) by land transport facilities across
the United States of any of the items, commodities and products covered
by paragraph (a) of this section which are consigned to or destined for
Iran, an Iranian governmental entity or any person or body in Iran, or
to any enterprise carried on in Iran.
(c) The shipment from the United States of any of the items,
products and commodities covered by paragraph (a) of this section on
vessels or aircraft registered in Iran.
(d) The following acts, when committed by any person subject to the
jurisdiction of the United States in connection with any transaction
involving Iran, an Iranian governmental entity, an enterprise controlled
by Iran or an Iranian governmental entity, or any person in Iran:
(i) Making available any new credits or loans;
(ii) Making available any new deposit facilities or allowing
substantial increases in non-dollar deposits which exist as of the
date of this Order [Apr. 7, 1980];
(iii) Allowing more favorable terms of payment than are
customarily used in international commercial transactions; or
(iv) Failing to act in a businesslike manner in exercising any
rights when payments due on existing credits or loans are not made
in a timely manner.
(v) Make any payment, transfer of credit, or other transfer of
funds or other property or interests therein, except for purposes of
family remittances.
(e) The engaging by any person subject to the jurisdiction of the
United States in any service contract in support of an industrial
project in Iran, except any such contract entered into prior to the date
of this Order [Apr. 7, 1980] or concerned with medical care.
(f) The engaging by any person subject to the jurisdiction of the
United States in any transaction which evades or avoids, or has the
purpose or effect of evading or avoiding, any of the prohibitions set
forth in this section.
1-102. The prohibitions in section 1-101 above shall not apply to
transactions by any person subject to the jurisdiction of the United
States which is a nonbanking association, corporation, or other
organization organized and doing business under the laws of any foreign
country.
1-103. The Secretary of the Treasury is delegated, and authorized to
exercise, all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order. The Secretary may redelegate any of these
functions to other officers and agencies of the Federal government.
1-104. The Secretary of the Treasury shall ensure that actions taken
pursuant to this Order and Executive Order No. 12170 [set out above] are
accounted for as required by Section 401 of the National Emergencies Act
(50 U.S.C. 1641).
1-105. This Order is effective immediately. In accord with Section
401 of the National Emergencies Act (50 U.S.C. 1641) and Section 204 of
the International Emergency Economic Powers Act (50 U.S.C. 1703), it
shall be immediately transmitted to the Congress and published in the
Federal Register.
Jimmy Carter.
Revocation of Prohibitions Contained in Executive Order No. 12205
For provisions relating to the revocation of prohibitions contained
in Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended, which
prohibited certain transactions with Iran, see Ex. Ord. No. 12282, Jan.
19, 1981, 46 F.R. 7925, set out below.
Ex. Ord. No. 12211. Prohibiting Certain Transactions With Iran
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Sections 1732 and 2656 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in order to take steps additional to
those set forth in Executive Order No. 12170 of November 14, 1979 [set
out above], and Executive Order No. 12205 of April 7, 1980 [set out
above], to deal with the threat to the national security, foreign policy
and economy of the United States referred to in those Orders, and the
added unusual and extraordinary threat to the national security, foreign
policy and economy of the United States created by subsequent events in
Iran and neighboring countries, including the Soviet invasion of
Afghanistan, with respect to which I hereby declare a national
emergency, and to carry out the policy of the United States to deny the
use of its resources to aid, encourage or give sanctuary to those
persons involved in directing, supporting or participating in acts of
international terrorism, it is hereby ordered as follows:
1-101. Paragraph 1-101(d) of Executive Order No. 12205 [set out
above] is hereby amended by the addition of a new subparagraph (v) as
follows:
(v) Make any payment, transfer of credit, or other transfer of funds
or other property or interests therein, except for purposes of family
remittances.
1-102. The following transactions are prohibited, notwithstanding
any contracts entered into or licenses granted before the date of this
Order [Apr. 17, 1980]:
(a) Effective immediately, the direct or indirect import from
Iran into the United States of Iranian goods or services, other than
materials imported for news publication or news broadcast
dissemination.
(b) Effective immediately, any transactions with a foreign
person or foreign entity by any citizen or permanent resident of the
United States relating to that person's travel to Iran after the
date of this Order [Apr. 17, 1980].
(c) Effective seven days from the date of this Order [Apr. 17,
1980], the payment by or on behalf of any citizen or permanent
resident of the United States who is within Iran of any expenses for
transactions within Iran.
The prohibitions in paragraphs (b) and (c) of this section shall not
apply to a person who is also a citizen of Iran and those prohibitions
and the prohibitions in section 1-101 shall not apply to a journalist or
other person who is regularly employed by a news gathering or
transmitting organization and who travels to Iran or is within Iran for
the purpose of gathering or transmitting news, making news or
documentary films, or similar activities.
1-103. The Secretary of the Treasury is hereby directed, effective
fourteen days from the date of this Order [Apr. 17, 1980], to revoke
existing licenses for transactions by persons subject to the
jurisdiction of the United States with Iran Air, the National Iranian
Oil Company, and the National Iranian Gas Company previously issued
pursuant to regulations under Executive Order No. 12170 [set out above],
or Executive Order No. 12205 [set out above].
1-104. The Secretary of the Treasury is delegated, and authorized to
exercise, all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order. The Secretary may redelegate any of these
functions to other officers and agencies of the Federal government.
1-105. The Secretary of the Treasury shall ensure that actions taken
by him pursuant to the above provisions of this Order, Executive Order
No. 12170 [set out above] and Executive Order No. 12205 [set out above]
are accounted for as required by Section 401 of the National Emergencies
Act (50 U.S.C. 1641).
1-106. The Secretary of State is delegated, and authorized to
exercise in furtherance of the purposes of this Order, the powers vested
in the President by Section 2001 of the Revised Statutes (22 U.S.C.
1732), Section 1 of the Act of July 3, 1926 (22 U.S.C. 211a), and
Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185), with
respect to:
(a) the restriction of the use of United States passports for
travel to, in or through Iran; and
(b) the regulation of departures from and entry into the United
States in connection with travel to Iran by citizens and permanent
residents of the United States.
1-107. Except as otherwise indicated herein, this Order is effective
immediately. In accord with Section 401 of the National Emergencies Act
(50 U.S.C. 1641) and Section 204 of the International Emergency Economic
Powers Act (50 U.S.C. 1703), it shall be immediately transmitted to the
Congress and published in the Federal Register.
Jimmy Carter.
Revocation of Prohibitions Contained in Executive Order No. 12211
For provisions relating to the revocation of prohibitions contained
in Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, which prohibited
certain transactions with Iran, see Ex. Ord. No. 12282, Jan. 19, 1981,
46 F.R. 7925, set out below.
Ex. Ord. No. 12276. Release of American Hostages in Iran--Direction
Relating to Establishment of Escrow Accounts
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran, it is
hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury is authorized to enter into,
and to license, authorize, direct, and compel any appropriate official
and/or the Federal Reserve Bank of New York, as fiscal agent of the
United States, to enter into escrow or related agreements with a foreign
central bank and with the Central Bank of Algeria under which certain
money and other assets, as and when directed by the Secretary of the
Treasury, shall be credited by the foreign central bank to an escrow
account on its books in the name of the Central Bank of Algeria for
transfer to the Government of Iran if and when the Central Bank of
Algeria receives from the Government of Algeria a certification that the
52 U.S. diplomats and nationals being held hostage in Iran have safely
departed from Iran. Such agreements shall include other parties and
terms as determined by the Secretary of the Treasury to be appropriate
to carry out the purposes of this Order.
1-102. The Secretary of the Treasury is authorized to license,
authorize, direct, and compel the Federal Reserve Bank of New York, as
fiscal agent of the United States, to receive certain money and other
assets in which Iran or its agencies, instrumentalities, or controlled
entities have an interest and to hold or transfer such money and other
assets, and any interest earned thereon, in such a manner as he deems
necessary to fulfill the rights and obligations of the United States
under the Declaration of the Government of the Democratic and Popular
Republic of Algeria dated January 19, 1981, and the escrow and related
agreements described in paragraph 1-101 of this Order. Such money and
other assets may be held in interest-bearing form and where possible
shall be invested with or through the entity holding the money or asset
on the effective date of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer of
the assets referred to in paragraphs 1-101 and 1-102 of this Order, or
any regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all purposes
of the obligation of the person making the same. No person shall be held
liable in any court for or with respect to anything done or omitted in
good faith in connection with the administration of, or pursuant to and
in reliance on, such orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order and
shall, among other things, defend the legality of, and all actions taken
pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12277. Release of American Hostages in Iran--Direction To
Transfer Iranian Government Assets
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran and in
which Iran and the United States instruct and require that the assets
described in this order shall be transferred as set forth below by the
holders of such assets, it is hereby ordered that as of the effective
date of this Order:
1-101. The Federal Reserve Bank of New York is licensed, authorized,
directed, and compelled to transfer to accounts at the Bank of England,
and subsequently to transfer to accounts at the Bank of England
established pursuant to an escrow agreement approved by the Secretary of
the Treasury, all gold bullion, and other assets (or the equivalent
thereof) in its custody, of the Government of Iran, or its agencies,
instrumentalities or controlled entities. Such transfers shall be
executed when and in the manner directed by the Secretary of the
Treasury. The Secretary of the Treasury is also authorized to license,
authorize, direct, and compel the Federal Reserve Bank of New York to
engage in whatever further transactions he deems appropriate and
consistent with the purposes of this Order, including any transactions
related to the return of such bullion and other assets pursuant to the
escrow agreement.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order, attachment,
or otherwise, including the license contained in Section 535.504 of the
Iranian Assets Control Regulations, with respect to the properties
described in Section 1-101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of the
Government of Iran and its agencies, instrumentalities, and controlled
entities, whether acquired by court order or otherwise, are nullified,
and all persons claiming any such right, power, or privilege are
hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States are
prohibited from acquiring or exercising any right, power, or privilege,
whether by court order or otherwise, with respect to the properties (and
any income earned thereon) referred to in Section 1-101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of the
assets described in section 1-101 of this Order, or any regulations,
instructions, or directions issued thereunder shall to the extent
thereof be a full acquittance and discharge for all purposes of the
obligation of the person making the same. No person shall be held liable
in any court for or with respect to anything done or omitted in good
faith in connection with the administration of, or pursuant to and in
reliance on, such orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order and
shall, among other things, defend the legality of, and all actions taken
pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12278. Release of American Hostages in Iran--Direction To
Transfer Iranian Government Assets Overseas
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran and in
which Iran and the United States instruct and require that the assets
described in this Order shall be transferred as set forth below by the
holders of such assets, it is hereby ordered that as of the effective
date of this Order:
1-101. Any branch or office of a United States bank or subsidiary
thereof, which branch or office is located outside the territory of the
United States and which on or after 8:10 a.m. E.S.T. on November 14,
1979 (a) has been or is in possession of funds or securities legally or
beneficially owned by the Government of Iran or its agencies,
instrumentalities, or controlled entities, or (b) has carried or is
carrying on its books deposits standing to the credit of or beneficially
owned by such Government, agencies, instrumentalities, or controlled
entities, is licensed, authorized, directed, and compelled to transfer
such funds, securities, and deposits, including interest from November
14, 1979, at commercially reasonable rates, to the account of the
Federal Reserve Bank of New York at the Bank of England, to be held or
transferred as directed by the Secretary of the Treasury. The Secretary
of the Treasury shall determine when the transfers required by this
section shall take place. The funds, securities and deposits described
in this section shall be further transferred as provided for in the
Declaration of the Government of the Democratic and Popular Republic of
Algeria and its Annex.
1-102. Any banking institution subject to the jurisdiction of the
United States that has executed a set-off on or after November 14, 1979,
at 8:10 a.m. E.S.T. against Iranian funds, securities, or deposits
referred to in section 1-101 is hereby licensed, authorized, directed,
and compelled to cancel such set-off and to transfer all funds,
securities, and deposits which have been subject to such set-off,
including interest from November 14, 1979, at commercially reasonable
rates, pursuant to the provisions of section 1-101 of this Order.
1-103. If the funds, securities, and deposits described in section
1-101 are not promptly transferred to the control of the Government of
Iran, such funds, securities, and deposits shall be returned to the
banking institutions holding them on the effective date of this Order
and the set-offs described in section 1-102 shall be in force as if this
Order had not been issued and the status of all such funds, securities,
deposits and set-offs shall be status quo ante.
1-104. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order, attachment,
or otherwise, including the license contained in Section 535.504 of the
Iranian Assets Control Regulations, with respect to the properties
described in Sections 1-101 and 1-102 of this Order are revoked and
withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in Sections 1-101 and 1-102 of this Order and which derive
from any attachment, injunction, other like proceedings or process, or
other action in any litigation after November 14, 1979, at 8:10 a.m.
E.S.T., including those derived from Section 535.504 of the Iranian
Assets Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise, are
nullified, and all persons claiming any such right, power, or privilege
are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States are
prohibited from acquiring or exercising any right, power, or privilege,
whether by court order or otherwise, with respect to the properties (and
any income earned thereon) referred to in Sections 1-101 and 1-102 of
this Order.
1-105. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of the
assets described in Sections 1-101 and 1-102 of this Order, or any
regulations, instructions, or directions issued thereunder shall to the
extent thereof be a full acquittance and discharge for all purposes of
the obligation of the person making the same. No person shall be held
liable in any court for or with respect to anything done or omitted in
good faith in connection with the administration of, or pursuant to and
in reliance on, such orders, regulations, instructions, or directions.
1-106. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order and
shall, among other things, defend the legality of, and all actions taken
pursuant to, each of its provisions.
1-107. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order.
1-108. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12279. Release of American Hostages in Iran--Direction To
Transfer Iranian Government Assets Held by Domestic Banks
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran and in
which Iran and the United States instruct and require that the assets
described in this Order shall be transferred as set forth below by the
holders of such assets, it is hereby ordered that as of the effective
date of this Order:
1-101. Any branch or office of a banking institution subject to the
jurisdiction of the United States, which branch or office is located
within the United States and is, on the effective date, either (a) in
possession of funds or securities legally or beneficially owned by the
Government of Iran or its agencies, instrumentalities, or controlled
entities, or (b) carrying on its books deposits standing to the credit
of or beneficially owned by such Government, agencies,
instrumentalities, or controlled entities is licensed, authorized,
directed and compelled to transfer such funds, securities, and deposits,
including interest from November 14, 1979, at commercially reasonable
rates, to the Federal Reserve Bank of New York, to be held or
transferred as directed by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order, attachment,
or otherwise, including the license contained in Section 535.504 of the
Iranian Assets Control Regulations, with respect to the properties
described in Section 1-101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of the
Government of Iran and its agencies, instrumentalities, and controlled
entities, whether acquired by court order or otherwise, are nullified,
and all persons claiming any such right, power, or privilege are
hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States are
prohibited from acquiring or exercising any right, power, or privilege
whether by court order or otherwise, with respect to the properties (and
any income earned thereon) referred to in Section 1-101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing or compelling the transfer of the
assets described in section 1-101 of this Order, or any regulations,
instructions, or directions issued thereunder shall to the extent
thereof be a full acquittance and discharge for all purposes of the
obligation of the person making the same. No person shall be held liable
in any court for or with respect to anything done or omitted in good
faith in connection with the administration of, or pursuant to and in
reliance on, such orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order and
shall, among other things, defend the legality of, and all actions taken
pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12280. Release of American Hostages in Iran--Direction To
Transfer Iranian Government Financial Assets Held by Non-Banking
Institutions
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran and in
which Iran and the United States instruct and require that the assets
described in this Order shall be transferred as set forth below by the
holders of such assets, it is hereby ordered that as of the effective
date of this Order:
1-101. Any person subject to the jurisdiction of the United States
which is not a banking institution and is on the effective date in
possession or control of funds or securities of Iran or its agencies,
instrumentalities, or controlled entities is licensed, authorized,
directed and compelled to transfer such funds or securities to the
Federal Reserve Bank of New York to be held or transferred as directed
by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order, attachment,
or otherwise, including the license contained in Section 535.504 of the
Iranian Assets Control Regulations, with respect to the properties
described in Section 1-101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of the
Government of Iran and its agencies, instrumentalities, and controlled
entities, whether acquired by court order or otherwise, are nullified,
and all persons claiming any such right, power, or privilege are
hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States are
prohibited from acquiring or exercising any right, power, or privilege,
whether by court order or otherwise, with respect to the properties (and
any income earned thereon) referred to in Section 1-101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer of
the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to the
extent thereof be a full acquittance and discharge for all purposes of
the obligation of the person making the same. No person shall be held
liable in any court for or with respect to anything done or omitted in
good faith in connection with the administration of, or pursuant to and
in reliance on, such orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order and
shall, among other things, defend the legality of and all actions taken
pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12281. Release of American Hostages in Iran--Direction To
Transfer Certain Iranian Government Assets
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran and in
which Iran and the United States instruct and require that the assets
described in this Order shall be transferred as set forth below by the
holders of such assets, it is hereby ordered that as of the effective
date of this Order:
1-101. All persons subject to the jurisdiction of the United States
in possession or control of properties, not including funds and
securities, owned by Iran or its agencies, instrumentalities, or
controlled entities are licensed, authorized, directed and compelled to
transfer such properties, as directed after the effective date of this
Order by the Government of Iran, acting through its authorized agent.
Except where specifically stated, this license, authorization, and
direction does not relieve persons subject to the jurisdiction of the
United States from existing legal requirements other than those based
upon the International Emergency Economic Powers Act [this chapter].
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order, attachment,
or otherwise, including the license contained in Section 535.504 of the
Iranian Assets Control Regulations, with respect to the properties
described in Section 1-101 of this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of the
Government of Iran and its agencies, instrumentalities, and controlled
entities, whether acquired by court order or otherwise, are nullified,
and all persons claiming any such right, power, or privilege are
hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States are
prohibited from acquiring or exercising any right, power, or privilege,
whether by court order or otherwise, with respect to the properties (and
any income earned thereon) referred to in Section 1-101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer of
the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to the
extent thereof be a full acquittance and discharge for all purposes of
the obligation of the person making the same. No person shall be held
liable in any court for or with respect to anything done or omitted in
good faith in connection with the administration of, or pursuant to and
in reliance on, such orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order and
shall, among other things, defend the legality of, and all actions taken
pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12282. Release of American Hostages in Iran--Revocation of
Prohibitions Against Transactions Involving Iran
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostage and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran, it is
hereby ordered that as of the effective date of this Order:
1-101. The prohibitions contained in Executive Order 12205 of April
7, 1980 [set out above], and Executive Order 12211 of April 17, 1980
[set out above], and Proclamation 4702 of November 12, 1979 [amending
Proc. No. 3279, set out under section 1862 of Title 19, Customs Duties],
are hereby revoked.
1-102. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purpose of this Order.
1-103. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12283. Release of American Hostages in Iran--Non-
Prosecution of Claims of Hostages and for Actions at the United States
Embassy and Elsewhere
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran, it is
hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury shall promulgate regulations:
(a) prohibiting any person subject to U.S. jurisdiction from prosecuting
in any court within the United States or elsewhere any claim against the
Government of Iran arising out of events occurring before the date of
this Order relating to (1) the seizure of the hostages on November 4,
1979, (2) their subsequent detention, (3) injury to United States
property or property of United States nationals within the United States
Embassy compound in Tehran after November 3, 1979, or (4) injury to
United States nationals or their property as a result of popular
movements in the course of the Islamic Revolution in Iran which were not
an act of the Government of Iran; (b) prohibiting any person not a U.S.
national from prosecuting any such claim in any court within the United
States; (c) ordering the termination of any previously instituted
judicial proceedings based upon such claims; and (d) prohibiting the
enforcement of any judicial order issued in the course of such
proceedings.
1-102. The Attorney General of the United States is authorized and
directed, immediately upon the issuance of regulations in accordance
with Section 1-101, to take all appropriate measures to notify all
appropriate courts of the existence of this Order and implementing
regulations and the resulting termination of litigation.
1-103. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purpose of this Order.
1-104. This Order shall be effective immediately.
Jimmy Carter.
Ex. Ord. No. 12284. Release of American Hostages in Iran--Restrictions
on Transfer of Property of Former Shah of Iran
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which I based my declarations of national emergency
in Executive Order 12170 [set out above], issued November 14, 1979, and
in Executive Order 12211 [set out above], issued April 17, 1980, in
order to implement agreements with the Government of Iran, as reflected
in Declarations of the Government of the Democratic and Popular Republic
of Algeria dated January 19, 1981, relating to the release of U.S.
diplomats and nationals being held as hostages and to the resolution of
claims of United States nationals against Iran, and to begin the process
of normalization of relations between the United States and Iran, it is
hereby ordered that as of the effective date of this Order:
1-101. For the purpose of protecting the rights of litigants in
courts within the United States, all property and assets located in the
United States within the control of the estate of Mohammad Reza Pahlavi,
the former Shah of Iran, or any close relative of the former Shah served
as a defendant in litigation in such courts brought by Iran seeking the
return of property alleged to belong to Iran, is hereby blocked as to
each such estate or person until all such litigation against such estate
or person is finally terminated.
1-102. The Secretary of the Treasury is authorized and directed (a)
to promulgate regulations requiring all persons who are subject to the
jurisdiction of the United States and who, as of November 3, 1979, or as
of this date, have actual or constructive possession of property of the
kind described in Section 1-101, or knowledge of such possession by
others, to report such possession or knowledge thereof, to the Secretary
of the Treasury in accordance with such regulations and (b) to make
available to the Government of Iran or its designated agents all
identifying information derived from such reports to the fullest extent
permitted by law. Such reports shall be required as to all individuals
described in 1-101 and shall be required to be filed within 30 days
after publication of a notice in the Federal Register.
1-103. The Secretary of the Treasury is authorized and directed (a)
to require all agencies within the Executive Branch of the United States
Government to deliver to the Secretary all official financial books and
records which serve to identify any property of the kind described in
Section 1-101 of this Order, and (b) to make available to the Government
of Iran or its designated agents all identifying information derived
from such books and records to the fullest extent permitted by law.
1-104. The Attorney General of the United States having advised the
President of his opinion that no claim on behalf of the Government of
Iran for recovery of property of the kind described in Section 1-101 of
this Order should be considered legally barred either by sovereign
immunity principles or by the act of state doctrine, the Attorney
General is authorized and directed to prepare, and upon the request of
counsel representing the Government of Iran to present to the
appropriate court or courts within the United States, suggestions of
interest reflecting that such is the position of the United States, and
that it is also the position of the United States that Iranian decrees
and judgments relating to the assets of the former Shah and the persons
described in Section 1-101 should be enforced by such courts in
accordance with United States law.
1-105. The Secretary of the Treasury is delegated and authorized to
exercise all functions vested in the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to carry out the
purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
Executive Order No. 12285
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by Ex.
Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No. 12317, Aug.
14, 1981, 46 F.R. 42241, which established the President's Commission on
Hostage Compensation and provided for its membership, functions, etc.,
was revoked by Ex. Ord. No. 12379, Sec. 21, Aug. 17, 1982, 47 F.R.
36100, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization and
Employees.
Ex. Ord. No. 12294. Suspension of Litigation Against Iran
Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702), Section
301 of Title 3 of the United States Code, Section 1732 of Title 22 of
the United States Code, and Section 301 of the National Emergencies Act
(50 U.S.C. 1631), in view of the continuing unusual and extraordinary
threat to the national security, foreign policy and economy of the
United States upon which were based the declarations of national
emergency in Executive Order No. 12170, issued November 14, 1979 [set
out above], and in Executive Order No. 12211, issued April 17, 1980 [set
out above], in light of the agreement with the Government of Iran, as
reflected in the Declarations of the Government of the Democratic and
Popular Republic of Algeria dated January 19, 1981, relating to the
release of United States diplomats and nationals being held as hostages
and to the resolution of claims of United States nationals against Iran,
in order to implement Article II of the Declaration of Algeria
concerning the settlement of claims and to begin the process of
normalization of relations between the United States and Iran, it is
hereby ordered that as of the effective date of this Order:
Section 1. All claims which may be presented to the Iran-United
States Claims Tribunal under the terms of Article II of the Declaration
of the Government of the Democratic and Popular Republic of Algeria
Concerning the Settlement of Claims by the Government of the United
States of America and the Government of the Islamic Republic of Iran,
and all claims for equitable or other judicial relief in connection with
such claims, are hereby suspended, except as they may be presented to
the Tribunal. During the period of this suspension, all such claims
shall have no legal effect in any action now pending in any court of the
United States, including the courts of any state or any locality
thereof, the District of Columbia and Puerto Rico, or in any action
commenced in any such court after the effective date of this Order.
Nothing in this action precludes the commencement of an action after the
effective date of this Order for the purpose of tolling the period of
limitations for commencement of such action.
Sec. 2. Nothing in this Order shall require dismissal of any action
for want of prosecution.
Sec. 3. Suspension under this Order of a claim or a portion thereof
submitted to the Iran-United States Claims Tribunal for adjudication
shall terminate upon a determination by the Tribunal that it does not
have jurisdiction over such claim or such portion thereof.
Sec. 4. A determination by the Iran-United States Claims Tribunal on
the merits that a claimant is not entitled to recover on a claim shall
operate as a final resolution and discharge of the claim for all
purposes. A determination by the Tribunal that a claimant shall have
recovery on a claim in a specified amount shall operate as a final
resolution and discharge of the claim for all purposes upon payment to
the claimant of the full amount of the award, including any interest
awarded by the Tribunal.
Sec. 5. Nothing in this Order shall apply to any claim concerning
the validity or payment of a standby letter of credit, performance or
payment bond or other similar instrument.
Sec. 6. Nothing in this Order shall prohibit the assertion of a
counterclaim or set-off by a United States national in any judicial
proceeding pending or hereafter commenced by the Government of Iran, any
political subdivision of Iran, or any agency, instrumentality, or entity
controlled by the Government of Iran or any political subdivision
thereof.
Sec. 7. The Secretary of the Treasury is authorized to employ all
powers granted to me by the International Emergency Economic Powers Act
[this chapter] and by 22 U.S.C. Sec. 1732 to carry out the purposes of
this Order.
Sec. 8. Executive Order Nos. 12276 through 12285 of January 19, 1981
[set out above], are ratified.
This Order shall be effective immediately and copies shall be
transmitted to the Congress.
Ronald Reagan.
Executive Order No. 12444
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, which continued
effectiveness of the Export Administration Act of 1979, 50 App. U.S.C.
2401 et seq., and of orders, rules and regulations promulgated
thereunder, was revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R.
56563, set out below.
Ex. Ord. No. 12451. Continuation of Export Control Regulations
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as ``IEEPA''), 22 U.S.C. 287c, and the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.)
(hereinafter referred to as ``the Act), it is hereby ordered as follows:
Section 1. In view of the extension by Public Law 98-207 (December
5, 1983) [amending 50 App. U.S.C. 2419], of the authorities contained in
the Act, Executive Order No. 12444 of October 14, 1983, which continued
in effect export control regulations under IEEPA, is revoked, and the
declaration of economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12444 shall not affect
any violation of any rules, regulations, orders, licenses and other
forms of administrative action under that Order which occurred during
the period that Order was in effect. All rules and regulations issued or
continued in effect under the authority of the IEEPA and that Order,
including those published in Title 15, Chapter III, Subchapter C, of the
Code of Federal Regulations, Parts 368 to 399 inclusive, and all orders,
regulations, licenses and other forms of administrative action issued,
taken or continued in effect pursuant thereto, shall remain in full
force and effect, as if issued, taken or continued in effect pursuant to
the Act until amended or revoked by the proper authority. Nothing in
this Order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set forth in
Executive Order No. 12002 of July 7, 1977 and Executive Order No. 12214
of May 2, 1980 [50 App. U.S.C. 2403 note].
Sec. 3. All orders, licenses, and other forms of administrative
action issued, taken or continued in effect pursuant to the authority of
the IEEPA and Executive Order No. 12444 relating to the administration
of section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e))
shall remain in full force and effect until amended or revoked under
proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
Executive Order No. 12470
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, which continued
effectiveness of the Export Administration Act of 1979, 50 App. U.S.C.
2401 et seq., and of the orders, rules and regulations promulgated
thereunder, was revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R.
28757, set out below.
Continuation of emergency declared by Ex. Ord. No. 12470 was
contained in Notice of the President of the United States, dated Mar.
28, 1985, 50 F.R. 12513.
Executive Order No. 12513
Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, which prohibited
trade and certain other transactions involving Nicaragua, was revoked by
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, set out below.
Continuations of national emergency declared by Ex. Ord. No. 12513
were contained in the following:
Notice of the President of the United States, dated Apr. 21, 1989,
54 F.R. 17701.
Notice of the President of the United States, dated Apr. 25, 1988,
53 F.R. 15011.
Notice of the President of the United States, dated Apr. 21, 1987,
52 F.R. 13425.
Notice of the President of the United States, dated Apr. 22, 1986,
51 F.R. 15461.
Ex. Ord. No. 12525. Termination of Emergency Authority for Export
Controls
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as ``IEEPA''), 22 U.S.C. 287c, and the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.)
(hereinafter referred to as ``the Act''), it is hereby ordered as
follows:
Section 1. In view of the extension by Public Law 99-64 (July 12,
1985) [amending 50 App. U.S.C. 2419] of the authorities contained in the
Act, Executive Order No. 12470 of March 30, 1984, which continued in
effect export control regulations under IEEPA, is revoked, and the
declaration of economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12470 shall not affect
any violation of any rules, regulations, orders, licenses, and other
forms of administrative action under that Order that occurred during the
period that Order was in effect. All rules and regulations issued or
continued in effect under the authority of the IEEPA and that Order,
including those published in Title 15, Chapter III, Subchapter C, of the
Code of Federal Regulations, Parts 368 to 399 inclusive, and all orders,
regulations, licenses, and other forms of administrative action issued,
taken or continued in effect pursuant thereto, shall remain in full
force and effect, as if issued, taken or continued in effect pursuant to
and as authorized by the Act or by other appropriate authority until
amended or revoked by the proper authority. Nothing in this Order shall
affect the continued applicability of the provision for the
administration of the Act and delegations of authority set forth in
Executive Order No. 12002 of July 7, 1977, and Executive Order No. 12214
of May 2, 1980 [set out under 50 App. U.S.C. 2403].
Sec. 3. All rules, regulations, orders, licenses, and other forms of
administrative action issued, taken or continued in effect pursuant to
the authority of the IEEPA and Executive Order No. 12470 relating to the
administration of Section 38(e) of the Arms Export Control Act (22
U.S.C. 2778(e)) shall remain in full force and effect until amended or
revoked under proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
Executive Order No. 12532
Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, which prohibited
trade and certain other transactions involving South Africa, was revoked
by Ex. Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855, set out as
a note under section 5061 of Title 22, Foreign Relations and
Intercourse.
Continuation of national emergency declared by Ex. Ord. No. 12532
was contained in Notice of the President of the United States, dated
Sept. 4, 1986, 51 F.R. 31925.
Executive Order No. 12535
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, which prohibited
importation into United States of South African Krugerrands, was revoked
by Ex. Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855, set out as
a note under section 5061 of Title 22, Foreign Relations and
Intercourse.
Ex. Ord. No. 12543. Prohibiting Trade and Certain Transactions Involving
Libya
Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), sections 504 and 505 of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83) [22 U.S.C. 2349aa-8, 2349aa-9], section 1114 of the Federal
Aviation Act of 1958, as amended (49 U.S.C. 1514) [now 49 U.S.C.
40106(b)], and section 301 of title 3 of the United States Code.
I, RONALD REAGAN, President of the United States of America, find
that the policies and actions of the Government of Libya constitute an
unusual and extraordinary threat to the national security and foreign
policy of the United States and hereby declare a national emergency to
deal with that threat.
I hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations which may hereafter be issued pursuant to this
Order:
(a) The import into the United States of any goods or services of
Libyan origin, other than publications and materials imported for news
publications or news broadcast dissemination;
(b) The export to Libya of any goods, technology (including
technical data or other information) or services from the United States,
except publications and donations of articles intended to relieve human
suffering, such as food, clothing, medicine and medical supplies
intended strictly for medical purposes;
(c) Any transaction by a United States person relating to
transportation to or from Libya; the provision of transportation to or
from the United States by any Libyan person or any vessel or aircraft of
Libyan registration; or the sale in the United States by any person
holding authority under the Federal Aviation Act [of 1958, now 49 U.S.C.
40101 et seq.] of any transportation by air which includes any stop in
Libya;
(d) The purchase by any United States person of goods for export
from Libya to any country;
(e) The performance by any United States person of any contract in
support of an industrial or other commercial or governmental project in
Libya;
(f) The grant or extension of credits or loans by any United States
person to the Government of Libya, its instrumentalities and controlled
entities;
(g) Any transaction by a United States person relating to travel by
any United States citizen or permanent resident alien to Libya, or to
activities by any such person within Libya, after the date of this
Order, other than transactions necessary to effect such person's
departure from Libya, to perform acts permitted until February 1, 1986,
by Section 3 of this Order, or travel for journalistic activity by
persons regularly employed in such capacity by a newsgathering
organization; and
(h) Any transaction by any United States person which evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this Order.
For purposes of this Order, the term ``United States person'' means
any United States citizen, permanent resident alien, juridical person
organized under the laws of the United States or any person in the
United States.
Sec. 2. In light of the prohibition in Section 1(a) of this Order,
section 251 of the Trade Expansion Act of 1962, as amended (19 U.S.C.
1881), and section 126 of the Trade Act of 1974, as amended (19 U.S.C.
2136) will have no effect with respect to Libya.
Sec. 3. This Order is effective immediately, except that the
prohibitions set forth in Section 1(a), (b), (c), (d) and (e) shall
apply as of 12:01 a.m. Eastern Standard Time, February 1, 1986.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, as may be necessary to carry
out the purposes of this Order. Such actions may include prohibiting or
regulating payments or transfers of any property or any transactions
involving the transfer of anything of economic value by any United
States person to the Government of Libya, its instrumentalities and
controlled entities, or to any Libyan national or entity owned or
controlled, directly or indirectly, by Libya or Libyan nationals. The
Secretary may redelegate any of these functions to other officers and
agencies of the Federal government. All agencies of the United States
government are directed to take all appropriate measures within their
authority to carry out the provisions of this Order, including the
suspension or termination of licenses or other authorizations in effect
as of the date of this Order.
This Order shall be transmitted to the Congress and published in the
Federal Register.
Ronald Reagan.
Continuation of National Emergency Declared by Ex. Ord. No. 12543
Notice of President of the United States, dated Jan. 2, 1997, 62
F.R. 587, provided:
On January 7, 1986, by Executive Order No. 12543 [set out above],
President Reagan declared a national emergency to deal with the unusual
and extraordinary threat to the national security and foreign policy of
the United States constituted by the actions and policies of the
Government of Libya. On January 8, 1986, by Executive Order No. 12544
[set out below], the President took additional measures to block Libyan
assets in the United States. The President has transmitted a notice
continuing this emergency to the Congress and the Federal Register every
year since 1986. The most recent notice appeared in the Federal Register
on January 5, 1996.
The crisis between the United States and Libya that led to the
declaration of a national emergency on January 7, 1986, has not been
resolved. The Government of Libya has continued its actions and policies
in support of terrorism, despite the calls by the United Nations
Security Council, in Resolutions 731 (1992), 748 (1992), and 883 (1993),
that it demonstrate by concrete actions its renunciation of such
terrorism. Such Libyan actions and policies pose a continuing unusual
and extraordinary threat to the national security and vital foreign
policy interests of the United States. For these reasons, the national
emergency declared on January 7, 1986, and the measures adopted on
January 7 and January 8, 1986, to deal with that emergency, must
continue in effect beyond January 7, 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 Libya. This notice
shall be published in the Federal Register and transmitted to the
Congress.
William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord. No.
12543 were contained in the following:
Notice of President of the United States, dated Jan. 3, 1996, 61
F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994, 59
F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993, 58
F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992, 57
F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991, 56
F.R. 67465.
Notice of the President of the United States, dated Jan. 2, 1991, 56
F.R. 477.
Notice of the President of the United States, dated Jan. 4, 1990, 55
F.R. 589.
Notice of the President of the United States, dated Dec. 28, 1988,
53 F.R. 52971.
Notice of the President of the United States, dated Dec. 15, 1987,
52 F.R. 47891.
Notice of the President of the United States, dated Dec. 23, 1986,
51 F.R. 46849.
Ex. Ord. No. 12544. Blocking Libyan Government Property in the United
States or Held by U.S. Persons
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, provided:
By the authority vested in me as President by the Constitution and
laws of the United States, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies
Act (50 U.S.C. 1601 et seq.) and section 301 of title 3 of the United
States Code, in order to take steps with respect to Libya additional to
those set forth in Executive Order No. 12543 of January 7, 1986 [set out
above], to deal with the threat to the national security and foreign
policy of the United States referred to in that Order,
I, RONALD REAGAN, President of the United States, hereby order
blocked all property and interests in property of the Government of
Libya, its agencies, instrumentalities and controlled entities and the
Central Bank of Libya that are in the United States, that hereafter come
within the United States or that are or hereafter come within the
possession or control of U.S. persons, including overseas branches of
U.S. persons.
The Secretary of the Treasury, in consultation with the Secretary of
State, is authorized to employ all powers granted to me by the
International Emergency Economics [sic] Power[s] Act, 50 U.S.C. 1701 et
seq., to carry out the provisions of this Order.
This Order is effective immediately and shall be transmitted to the
Congress and published in the Federal Register.
Ronald Reagan.
Ex. Ord. No. 12613. Prohibiting Imports From Iran
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including section 505 of the
International Security and Development Cooperation Act of 1985 (22
U.S.C. 2349aa-9), and section 301 of Title 3 of the United States Code,
I, RONALD REAGAN, President of the United States of America, find
that the Government of Iran is actively supporting terrorism as an
instrument of state policy. In addition, Iran has conducted aggressive
and unlawful military action against U.S.-flag vessels and merchant
vessels of other non-belligerent nations engaged in lawful and peaceful
commerce in international waters of the Persian Gulf and territorial
waters of non-belligerent nations of that region. To ensure that United
States imports of Iranian goods and services will not contribute
financial support to terrorism or to further aggressive actions against
non-belligerent shipping, I hereby order that:
Section 1. Except as otherwise provided in regulations issued
pursuant to this Order, no goods or services of Iranian origin may be
imported into the United States, including its territories and
possessions, after the effective date of this Order.
Sec. 2. The prohibition contained in Section 1 shall not apply to:
(a) Iranian-origin publications and materials imported for news
publications or news broadcast dissemination;
(b) petroleum products refined from Iranian crude oil in a third
country;
(c) articles imported directly from Iran into the United States that
were exported from Iran prior to the effective date of this Order.
Sec. 3. This Order shall take effect at 12:01 p.m. Eastern Standard
Time on October 29, 1987, except as otherwise provided in regulations
issued pursuant to this Order.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, as may be necessary to carry
out the purposes of this Order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of the
Federal Government. All agencies of the United States Government are
directed to take all appropriate measures within their authority to
carry out the provisions of this Order, including the suspension or
termination of licenses or other authorizations in effect as of the date
of this Order.
Sec. 5. The measures taken pursuant to this Order are in response to
the actions of the Government of Iran referred to above, occurring after
the conclusion of the 1981 Algiers Accords, and are intended solely as a
response to those actions.
This Order shall be transmitted to the Congress and published in the
Federal Register.
Ronald Reagan.
[Sections 1 and 2 of Ex. Ord. No. 12613 were revoked by Ex. Ord. No.
12959, Sec. 5, May 6, 1995, 60 F.R. 24758, set out below, to the extent
inconsistent with Ex. Ord. No. 12959.]
Executive Order No. 12635
Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, which blocked
property and interests in property of the Government of Panama that were
in the United States, was revoked by Ex. Ord. No. 12710, Apr. 5, 1990,
55 F.R. 13099, set out below.
Continuation of national emergency declared by Ex. Ord. No. 12635
was contained in Notice of the President of the United States, dated
Apr. 6, 1989, 54 F.R. 14197.
Ex. Ord. No. 12707. Termination of Emergency With Respect to Nicaragua
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), chapter 12 of title 50 of the
United States Code (50 U.S.C. 191 et seq.), and section 301 of title 3
of the United States Code.
I, GEORGE BUSH, President of the United States of America, find that
the February 25, 1990, democratic election in Nicaragua has ended the
unusual and extraordinary threat to the national security and foreign
policy of the United States previously posed by the policies and actions
of the Sandinista government in that country, and the need to continue
the national emergency declared in Executive Order No. 12513 of May 1,
1985, to deal with that threat.
I hereby revoke Executive Order No. 12513 and terminate the national
emergency declared in that order with respect to Nicaragua.
Pursuant to section 202 of the National Emergencies Act (50 U.S.C.
1622), termination of the national emergency with respect to Nicaragua
shall not affect any action taken or proceeding pending and not finally
concluded or determined at the effective date of this order, or any
action or proceeding based on any act committed prior to the effective
date of this order, or any rights or duties that matured or penalties
that were incurred prior to the effective date of this order.
This order shall take effect immediately.
George Bush.
Ex. Ord. No. 12710. Termination of Emergency With Respect to Panama
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (hereinafter
referred to as ``IEEPA''), the National Emergencies Act (50 U.S.C. 1601
et seq.) (hereinafter referred to as ``the NEA''), chapter 12 of title
50 of the United States Code (50 U.S.C. 191 et seq.), and section 301 of
title 3 of the United States Code.
I, GEORGE BUSH, President of the United States of America, find that
the restoration of a democratically elected government in Panama has
ended the unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States previously posed by the
policies and actions of Manuel Antonio Noriega in that country, and the
need to continue the national emergency declared in Executive Order No.
12635 of April 8, 1988, to deal with that threat.
I hereby revoke Executive Order No. 12635 and terminate the national
emergency declared in that order with respect to Panama.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination of
the national emergency with respect to Panama 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 the effective date of this order, or
any rights or duties that matured or penalties that were incurred prior
to the effective date of this order. Pursuant to section 207 (50 U.S.C.
1706) of IEEPA, I hereby determine that the continuation of prohibitions
with regard to transactions involving property in which the Government
of Panama has an interest is necessary on account of claims involving
Panama.
This order shall take effect immediately.
George Bush.
Ex. Ord. No. 12722. Blocking Iraqi Government Property and Prohibiting
Transactions With Iraq
Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, provided:
By the authority vested in me as President by the constitution and
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3 of
the United States Code.
I, GEORGE BUSH, President of the United States of America, find that
the policies and actions of the Government of Iraq constitute an unusual
and extraordinary threat to the national security and foreign policy of
the United States and hereby declare a national emergency to deal with
that threat.
I hereby order:
Section 1. All property and interests in property of the Government
of Iraq, its agencies, instrumentalities and controlled entities and the
Central Bank of Iraq that are in the United States, that hereafter come
within the United States or that are or hereafter come within the
possession or control of United States persons, including their overseas
branches, are hereby blocked.
Section 2. The following are prohibited, except to the extent
provided in regulations which may hereafter be issued pursuant to this
Order:
(a) The import into the United States of any goods or services of
Iraqi origin, other than publications and other informational materials;
(b) The export to Iraq of any goods, technology (including technical
data or other information controlled for export pursuant to Section 5 of
the Export Administration Act (50 U.S.C. App. 2404)) or services from
the United States, except publications and other informational
materials, and donations of articles intended to relieve human
suffering, such as food, clothing, medicine and medical supplies
intended strictly for medical purposes;
(c) Any transaction by a United States person relating to
transportation to or from Iraq; the provision of transportation to or
from the United States by any Iraqi person or any vessel or aircraft of
Iraqi registration; or the sale in the United States by any person
holding authority under the Federal Aviation Act of 1958, as amended
[now 49 U.S.C. 40101 et seq.] (49 U.S.C. 1514), of any transportation by
air which includes any stop in Iraq;
(d) The purchase by any United States person of goods for export
from Iraq to any country;
(e) The performance by any United States person of any contract in
support of an industrial or other commercial or governmental project in
Iraq;
(f) The grant or extension of credits or loans by any United States
person to the Government of Iraq, its instrumentalities and controlled
entities;
(g) Any transaction by a United States person relating to travel by
any United States citizen or permanent resident alien to Iraq, or to
activities by any such person within Iraq, after the date of this Order,
other than transactions necessary to effect such person's departure from
Iraq, or travel for journalistic activity by persons regularly employed
in such capacity by a newsgathering organization; and
(h) Any transaction by any United States person which evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this Order.
For purposes of this Order, the term ``United States person'' means
any United States citizen, permanent resident alien, juridical person
organized under the laws of the United States, or any person in the
United States.
Section 3. This Order is effective immediately.
Section 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, as may be necessary to carry
out the purposes of this Order. Such actions may include prohibiting or
regulating payments or transfers of any property or any transactions
involving the transfer of anything of economic value by any United
States person to the Government of Iraq, its instrumentalities and
controlled entities, or to any Iraqi national or entity owned or
controlled, directly or indirectly, by Iraq or Iraqi nationals. The
Secretary may redelegate any of these functions to other officers and
agencies of the Federal government. All agencies of the United States
government are directed to take all appropriate measures within their
authority to carry out the provisions of this Order, including the
suspension or termination of licenses or other authorizations in effect
as of the date of this Order.
This Order shall be transmitted to the Congress and published in the
Federal Register.
George Bush.
[Ex. Ord. No. 12722 was revoked by Ex. Ord. No. 12724, Sec. 6, Aug.
9, 1990, 55 F.R. 33090, set out below, to the extent inconsistent with
Ex. Ord. No. 12724.]
Continuation of National Emergency Declared by Ex. Ord. No. 12722
Notice of President of the United States, dated July 22, 1996, 61
F.R. 38561, provided:
On August 2, 1990, by Executive Order 12722 [set out above],
President Bush declared a national emergency to deal with the unusual
and extraordinary threat to the national security and foreign policy of
the United States constituted by the actions and policies of the
Government of Iraq. By Executive Orders 12722 of August 2, 1990, and
12724 of August 9, 1990 [set out below], the President imposed trade
sanctions on Iraq and blocked Iraqi government assets. Because the
Government of Iraq has continued its activities hostile to United States
interests in the Middle East, the national emergency declared on August
2, 1990, and the measures adopted on August 2 and August 9, 1990, to
deal with that emergency must continue in effect beyond August 2, 1996.
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 Iraq.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Prior continuations of national emergency declared by Ex. Ord. No.
12722 were contained in the following:
Notice of President of the United States, dated July 28, 1995, 60
F.R. 39099.
Notice of President of the United States, dated July 19, 1994, 59
F.R. 37151.
Notice of President of the United States, dated July 20, 1993, 58
F.R. 39111.
Notice of President of the United States, dated July 21, 1992, 57
F.R. 32875.
Notice of President of the United States, dated July 26, 1991, 56
F.R. 35995.
Executive Order No. 12723
Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, which directed
Secretary of the Treasury to block all property and interests in Kuwaiti
Government property that are in the United States or within possession
or control of United States persons, was revoked by Ex. Ord. No. 12771,
July 25, 1991, 56 F.R. 35993, set out below.
Ex. Ord. No. 12724. Blocking Iraqi Government Property and Prohibiting
Transactions With Iraq
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 301 of title 3 of the
United States Code, and the United Nations Participation Act [22 U.S.C.
287 et seq.] (22 U.S.C. 287c), in view of United Nations Security
Council Resolution No. 661 of August 6, 1990, and in order to take
additional steps with respect to Iraq's invasion of Kuwait and the
national emergency declared in Executive Order No. 12722 [set out
above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. Except to the extent provided in regulations that may
hereafter be issued pursuant to this order, all property and interests
in property of the Government of Iraq that are in the United States,
that hereafter come within the United States, or that are or hereafter
come within the possession or control of United States persons,
including their overseas branches, are hereby blocked.
Sec. 2. The following are prohibited, except to the extent provided
in regulations that may hereafter be issued pursuant to this order:
(a) The importation into the United States of any goods or services
of Iraqi origin, or any activity that promotes or is intended to promote
such importation;
(b) The exportation to Iraq, or to any entity operated from Iraq, or
owned or controlled by the Government of Iraq, directly or indirectly,
of any goods, technology (including technical data or other
information), or services either (i) from the United States, or (ii)
requiring the issuance of a license by a Federal agency, or any activity
that promotes or is intended to promote such exportation, except
donations of articles intended to relieve human suffering, such as food
and supplies intended strictly for medical purposes;
(c) Any dealing by a United States person related to property of
Iraqi origin exported from Iraq after August 6, 1990, or property
intended for exportation from Iraq to any country, or exportation to
Iraq from any country, or any activity of any kind that promotes or is
intended to promote such dealing;
(d) Any transaction by a United States person relating to travel by
any United States citizen or permanent resident alien to Iraq, or to
activities by any such person within Iraq, after the date of this order,
other than transactions necessary to effect (i) such person's departure
from Iraq, (ii) travel and activities for the conduct of the official
business of the Federal Government or the United Nations, or (iii)
travel for journalistic activity by persons regularly employed in such
capacity by a news-gathering organization;
(e) Any transaction by a United States person relating to
transportation to or from Iraq; the provision of transportation to or
from the United States by any Iraqi person or any vessel or aircraft of
Iraqi registration; or the sale in the United States by any person
holding authority under the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301 et seq.) [now 49 U.S.C. 40101 et seq.], of any
transportation by air that includes any stop in Iraq;
(f) The performance by any United States person of any contract,
including a financing contract, in support of an industrial, commercial,
public utility, or governmental project in Iraq;
(g) Except as otherwise authorized herein, any commitment or
transfer, direct or indirect, of funds, or other financial or economic
resources by any United States person to the Government of Iraq or any
other person in Iraq;
(h) Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, any of the
prohibitions set forth in this order.
Sec. 3. For purposes of this order:
(a) the term ``United States person'' means any United States
citizen, permanent resident alien, juridical person organized under the
laws of the United States (including foreign branches), or any person in
the United States, and vessels of U.S. registration.
(b) the term ``Government of Iraq'' includes the Government of Iraq,
its agencies, instrumentalities and controlled entities, and the Central
Bank of Iraq.
Sec. 4. This order is effective immediately.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, as may be necessary to carry
out the purposes of this order. Such actions may include prohibiting or
regulating payments or transfers of any property or any transactions
involving the transfer of anything of economic value by any United
States person to the Government of Iraq, or to any Iraqi national or
entity owned or controlled, directly or indirectly, by the Government of
Iraq or Iraqi nationals. The Secretary of the Treasury may redelegate
any of these functions to other officers and agencies of the Federal
Government. All agencies of the Federal Government are directed to take
all appropriate measures within their authority to carry out the
provisions of this order, including the suspension or termination of
licenses or other authorizations in effect as of the date of this order.
Sec. 6. Executive Order No. 12722 of August 2, 1990 [set out above],
is hereby revoked to the extent inconsistent with this order. All
delegations, rules, regulations, orders, licenses, and other forms of
administrative action made, issued, or otherwise taken under Executive
Order No. 12722 and not revoked administratively shall remain in full
force and effect under this order until amended, modified, or terminated
by proper authority. The revocation of any provision of Executive Order
No. 12722 pursuant to this section shall not affect any violation of any
rules, regulations, orders, licenses, or other forms of administrative
action under that order during the period that such provision of that
order was in effect.
This order shall be transmitted to the Congress and published in the
Federal Register.
George Bush.
Executive Order No. 12725
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, which directed
Secretary of the Treasury to block all property and interests in Kuwaiti
Government property that are in the United States or within possession
or control of United States persons and which prohibited transactions
with Kuwait, was revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R.
35993, set out below.
Executive Order No. 12730
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, which continued
effectiveness of the Export Administration Act of 1979, 50 App. U.S.C.
2401 et seq., and of the orders, rules and regulations promulgated
thereunder, was revoked by Ex. Ord. No. 12867, Sec. 1, Sept. 30, 1993,
58 F.R. 51747, set out below.
Continuations of national emergency declared by Ex. Ord. No. 12730
were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992, 57
F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991, 56
F.R. 49385.
Executive Order No. 12735
Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, which declared a
national emergency to deal with threat of proliferation of chemical and
biological weapons and imposed controls on exports that would assist a
country in developing, stockpiling, delivering, or using chemical or
biological weapons and associated sanctions, was revoked by Ex. Ord. No.
12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099, set out below.
Continuations of national emergency declared by Ex. Ord. No. 12735
were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993, 58
F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992, 57
F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991, 56
F.R. 58171.
Ex. Ord. No. 12771. Revoking Earlier Orders With Respect to Kuwait
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993, provided:
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 (50 U.S.C.1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 301 of title 3 of the
United States Code, and United Nations Participation Act [22 U.S.C. 287
et seq.] (22 U.S.C. 287c),
I, GEORGE BUSH, President of the United States of America, find that
the expulsion from Kuwait of Iraq's occupation forces, the restoration
of Kuwait to its citizens, and the reinstatement of the lawful
Government of Kuwait eliminate the need for Executive Order No. 12723 of
August 2, 1990, entitled ``Blocking Kuwaiti Government Property,'' and
Executive Order No. 12725 of August 9, 1990, entitled ``Blocking Kuwaiti
Government Property and Prohibiting Transactions With Kuwait.'' Those
orders were issued to protect the assets of the Government of Kuwait
which were subject to United States jurisdiction, and to prevent the
transfer of benefits by United States persons to Iraq based upon its
invasion of Kuwait. Those orders also implemented the foreign policy and
protected the national security of the United States, in conformity with
applicable resolutions of the United Nations Security Council. Finding
continuation of these orders unnecessary, I hereby order:
Section 1. Executive Order No. 12723 and Executive Order No. 12725
are hereby revoked. This revocation shall not affect the national
emergency declared in Executive Order No. 12722 [set out above] to deal
with the unusual and extraordinary threat to the national security and
foreign policy of the United States posed by the policies and action of
the Government of Iraq.
Sec. 2. This revocation shall not affect:
(a) any action taken or proceeding pending and not finally concluded
or determined on the effective date of this order;
(b) any action or proceeding based on any act committed prior to the
effective date of this order; or
(c) any rights or duties that matured or penalties that were
incurred prior to the effective date of this order.
Sec. 3. This order shall take effect immediately.
George Bush.
Executive Order No. 12775
Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, which declared a
national emergency to deal with Republic of Haiti, directed Secretary of
Treasury to block all property and interests in property of Government
of Haiti that were in United States or within possession or control of
United States persons, and prohibited transactions with Haiti, was
revoked, and such national emergency terminated, by Ex. Ord. No. 12932,
Oct. 14, 1994, 59 F.R. 52403, set out below.
Continuations of national emergency declared by Ex. Ord. No. 12775
were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994, 59
F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993, 58
F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992, 57
F.R. 45557.
Executive Order No. 12779
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti that were in United States or within
possession or control of United States persons and which prohibited
transactions with Haiti and most imports from and exports to Haiti, was
revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out
below.
Ex. Ord. No. 12801. Barring Overflight, Takeoff, and Landing of Aircraft
Flying To or From Libya
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, provided:
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 (50 U.S.C. 1701, et seq.), the National
Emergencies Act (50 U.S.C. 1601, et seq.), section 1114 of the Federal
Aviation Act of 1958, as amended (49 U.S.C. App. 1514) [now 49 U.S.C.
40106(b)], section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3 of the United
States Code, in view of United Nations Security Council Resolutions Nos.
731 of January 21, 1992, and 748 of March 31, 1992, and in order to take
additional steps with respect to Libya's continued support for
international terrorism and the national emergency declared in Executive
Order No. 12543 of January 7, 1986 [set out above], it is hereby ordered
that:
Section 1. Except to the extent provided in regulations, orders,
directives, authorizations, or licenses that may hereafter be issued
pursuant to this order, and notwithstanding the existence of any rights
or obligations conferred or imposed by any international agreement or
any contract entered into or any license or permit granted before the
effective date of this order, the granting of permission to any aircraft
to take off from, land in, or overfly the United States, if the
aircraft, as part of the same flight or as a continuation of that
flight, is destined to land in or has taken off from the territory of
Libya, is hereby prohibited.
Sec. 2. The Secretary of the Treasury, in consultation with the
Secretary of Transportation, is hereby authorized to take such actions,
including the promulgation of rules and regulations, as may be necessary
to carry out the provisions of section 1 of this order. The Secretary of
the Treasury may redelegate the authority set forth in this order to
other officers in the Department of the Treasury and may confer or
impose such authority upon any other officer of the United States, with
the consent of the head of the department or agency within which such
officer is serving. All executive branch agencies of the Federal
Government hereby affected are directed to consult as appropriate on the
implementation of this order and to take all necessary measures within
their authority to carry out the provisions of this order, including the
suspension or termination of licenses or other authorizations in effect
as of the date of this order.
Sec. 3. Nothing contained in this order shall confer any substantive
or procedural right or privilege on any person or organization,
enforceable against the United States, its agencies or
instrumentalities, its officers, or its employees.
Sec. 4. This order is effective 11:59 p.m. eastern daylight time,
April 15, 1992.
Sec. 5. This order shall be transmitted to the Congress and
published in the Federal Register.
George Bush.
Ex. Ord. No. 12808. Blocking ``Yugoslav Government'' Property and
Property of Governments of Serbia and Montenegro
Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, provided:
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 (50 U.S.C. 1701, et seq.), the National
Emergencies Act (50 U.S.C. 1601, et seq.), and section 301 of title 3 of
the United States Code,
I, GEORGE BUSH, President of the United States of America, find that
the actions and policies of the Governments of Serbia and Montenegro,
acting under the name of the Socialist Federal Republic of Yugoslavia or
the Federal Republic of Yugoslavia, in their involvement in and support
for groups attempting to seize territory in Croatia and Bosnia-
Hercegovina by force and violence utilizing, in part, the forces of the
so-called Yugoslav National Army, constitute an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, and hereby declare a national emergency to
deal with that threat.
I hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to this
order, all property and interests in property of the Government of
Serbia and the Government of Montenegro that are in the United States,
that hereafter come within the United States, or that are or hereafter
come within the possession or control of United States persons,
including their overseas branches, are hereby blocked.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to this
order, all property and interests in property in the name of the
Government of the Socialist Federal Republic of Yugoslavia or the
Government of the Federal Republic of Yugoslavia that are in the United
States, that hereafter come within the United States, or that are or
hereafter come within the possession or control of United States
persons, including their overseas branches, are hereby blocked.
Sec. 3. Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is prohibited.
Sec. 4. For the purposes of this order:
(a) The term ``United States person'' means any United States
citizen, permanent resident alien, juridical person organized under the
laws of the United States (including foreign branches), or person in the
United States;
(b) The terms ``Government of Serbia'' and ``Government of
Montenegro'' include the governments of Serbia and Montenegro, including
any subdivisions thereof or local government therein, their respective
agencies, instrumentalities and controlled entities, and any persons
acting or purporting to act for or on behalf of any of the foregoing,
including the National Bank of Serbia, the Serbian Chamber of Economy,
the National Bank of Montenegro, and the Montenegrin Chamber of Economy;
(c) The terms ``Government of the Socialist Federal Republic of
Yugoslavia'' and ``Government of the Federal Republic of Yugoslavia''
include the government of the former Socialist Federal Republic of
Yugoslavia, the government of the newly constituted Federal Republic of
Yugoslavia, their respective agencies, instrumentalities and controlled
entities, and any persons acting or purporting to act for or on behalf
of any of the foregoing, including the National Bank of Yugoslavia, the
Yugoslav National Army, and the Yugoslav Chamber of Economy.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by the International Emergency Economic Powers
Act [50 U.S.C. 1701 et seq.], as may be necessary to carry out the
purposes of this order. Such actions may include prohibiting or
regulating payments or transfers of any property, or any transactions
involving the transfer of anything of economic value by any United
States person to the Government of the Socialist Federal Republic of
Yugoslavia, the Government of the Federal Republic of Yugoslavia, the
Government of Serbia, the Government of Montenegro, any person in Serbia
or Montenegro, or any person or entity acting for or on behalf of, or
owned or controlled, directly or indirectly, by any of the foregoing.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, all
agencies of which are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order,
including suspension or termination of licenses or other authorizations
in effect as of the date of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 7. (a) This order shall take effect at 11:59 p.m. Eastern
Daylight Time, May 30, 1992.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George Bush.
Continuation of National Emergency Declared by Ex. Ord. No. 12808
Notice of President of the United States, dated May 24, 1996, 61
F.R. 26773, provided:
On May 30, 1992, by Executive Order 12808 [set out above], 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 [set out below], issued on June 5, 1992, and
January 15, 1993, respectively. On April 25, 1993, I issued Executive
Order 12846 [set out below], 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 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
[set out above], 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
initialled by the parties in Dayton, Ohio, 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 Resolution.
In the last year, substantial progress has been achieved to bring
about a settlement on the conflict in the former Yugoslavia acceptable
to the parties. Before agreeing to the sanctions suspension, the United
States insisted on a credible reimposition mechanism to ensure the full
implementation of the Peace Agreement. Thus, Resolution 1022 provides a
mechanism to reimpose the sanctions if the Federal Republic of
Yugoslavia or the Bosnian Serb authorities fail significantly to meet
their obligations under the Peace Agreement. It also provides that
sanctions will not be terminated until after the first free and fair
elections occur in the Republic of Bosnia and Herzegovina, as provided
for in the Peace Agreement, and provided that the Bosnian Serb forces
have continued to respect the zones of separation as provided in the
Peace Agreement. The Resolution also provides for the continued blocking
of assets potentially subject to conflicting claims and encumbrances,
including the claims of the other successor states of the former
Yugoslavia, until provision is made to address them.
Because the resolution of the crisis and conflict in the former
Yugoslavia that resulted from the actions and policies of the Government
of the Federal Republic of Yugoslavia (Serbia and Montenegro), and of
the Bosnian Serb forces and the authorities in the territory that they
control, will not be complete until such time as the Peace Agreement is
implemented fully and the terms of Resolution 1022 have been 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, 1996.
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.
Prior continuations of national emergency declared by Ex. Ord. No.
12808 were contained in the following:
Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R. 2887.
Notice of President of the United States, dated May 10, 1995, 60
F.R. 25599.
Notice of President of the United States, dated May 25, 1994, 59
F.R. 27429.
Notice of President of the United States, dated May 25, 1993, 58
F.R. 30693.
Ex. Ord. No. 12810. Blocking Property of and Prohibiting Transactions
With Federal Republic of Yugoslavia (Serbia and Montenegro)
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by Ex.
Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, provided:
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 (50 U.S.C. 1701, et seq.), the National
Emergencies Act (50 U.S.C. 1601, et seq.), section 1114 of the Federal
Aviation Act of 1958, as amended (49 U.S.C. App. 1514), section 5 of the
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c),
and section 301 of title 3 of the United States Code, in view of United
Nations Security Council Resolution No. 757 of May 30, 1992, and in
order to take additional steps with respect to the actions and policies
of the Federal Republic of Yugoslavia (Serbia and Montenegro) and the
national emergency described and declared in Executive Order No. 12808
[set out above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses which may hereafter be issued pursuant to this
order, and notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted before the effective date
of this order, all property and interests in property of the Government
of the Federal Republic of Yugoslavia (Serbia and Montenegro), and
property and interests in property held in the name of the Government of
the Federal Republic of Yugoslavia or of the former Government of the
Socialist Federal Republic of Yugoslavia, that are in the United States,
that hereafter come within the United States, or that are or hereafter
come within the possession or control of United States persons,
including their overseas branches, are blocked.
Sec. 2. The following are prohibited, notwithstanding the existence
of any rights or obligations conferred or imposed by any international
agreement or any contract entered into or any license or permit granted
before the effective date of this order, except to the extent provided
in regulations, orders, directives, or licenses which may hereafter be
issued pursuant to this order:
(a) The importation into the United States of any goods originating
in, or services performed in, the Federal Republic of Yugoslavia (Serbia
and Montenegro), exported from the Federal Republic of Yugoslavia
(Serbia and Montenegro) after May 30, 1992, or any activity that
promotes or is intended to promote such importation;
(b) The exportation to the Federal Republic of Yugoslavia (Serbia
and Montenegro), or to any entity operated from the Federal Republic of
Yugoslavia (Serbia and Montenegro), or owned or controlled by the
Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro), directly or indirectly, of any goods, technology (including
technical data or other information controlled for export pursuant to
the Export Administration Regulations, 15 C.F.R. Parts 768, et seq.), or
services, either (i) from the United States, (ii) requiring the issuance
of a license by a Federal agency, or (iii) involving the use of U.S.-
registered vessels or aircraft, or any activity that promotes or is
intended to promote such exportation;
(c) Any dealing by a United States person related to property
originating in the Federal Republic of Yugoslavia (Serbia and
Montenegro) exported from the Federal Republic of Yugoslavia (Serbia and
Montenegro) after May 30, 1992, or property intended for exportation
from the Federal Republic of Yugoslavia (Serbia and Montenegro) to any
country, or exportation to the Federal Republic of Yugoslavia (Serbia
and Montenegro) from any country, or any activity of any kind that
promotes or is intended to promote such dealing;
(d) Any transaction by a United States person, or involving the use
of U.S.-registered vessels and aircraft, relating to transportation to
or from the Federal Republic of Yugoslavia (Serbia and Montenegro), the
provision of transportation to or from the United States by any person
in the Federal Republic of Yugoslavia (Serbia and Montenegro) or any
vessel or aircraft registered in the Federal Republic of Yugoslavia
(Serbia and Montenegro), or the sale in the United States by any person
holding authority under the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301, et seq.) [now 49 U.S.C. 40101 et seq.], of any
transportation by air that includes any stop in the Federal Republic of
Yugoslavia (Serbia and Montenegro);
(e) The granting of permission to any aircraft to take off from,
land in, or overfly the United States, if the aircraft, as part of the
same flight or as a continuation of that flight, is destined to land in
or has taken off from the territory of the Federal Republic of
Yugoslavia (Serbia and Montenegro);
(f) The performance by any United States person of any contract,
including a financing contract, in support of an industrial, commercial,
public utility, or governmental project in the Federal Republic of
Yugoslavia (Serbia and Montenegro);
(g) Any commitment or transfer, direct or indirect, of funds, or
other financial or economic resources by any United States person to or
for the benefit of the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro) or any other person in the Federal Republic of
Yugoslavia (Serbia and Montenegro);
(h) Any transaction in the United States or by a United States
person related to participation in sporting events in the United States
by persons or groups representing the Federal Republic of Yugoslavia
(Serbia and Montenegro);
(i) [Revoked by Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R.
5253.]
Sec. 3. Nothing in this order shall apply to (i) the transshipment
through the Federal Republic of Yugoslavia (Serbia and Montenegro) of
commodities and products originating outside the Federal Republic of
Yugoslavia (Serbia and Montenegro) and temporarily present in the
territory of the Federal Republic of Yugoslavia (Serbia and Montenegro)
only for the purpose of such transshipment, and (ii) activities related
to the United Nations Protection Force (UNPROFOR), the Conference on
Yugoslavia, or the European Community Monitor Mission.
Sec. 4. Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is prohibited.
Sec. 5. For the purposes of this order:
(a) The term ``United States person'' means any United States
citizen, permanent resident alien, juridical person organized under the
laws of the United States (including foreign branches), or any person in
the United States, and vessels and aircraft of U.S. registration;
(b) The term ``the Federal Republic of Yugoslavia (Serbia and
Montenegro)'' means the territory of Serbia and Montenegro;
(c) The term ``the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro)'' includes the government of the newly
constituted Federal Republic of Yugoslavia, the Government of Serbia,
and the Government of Montenegro, including any subdivisions thereof or
local governments therein, their respective agencies, instrumentalities
and controlled entities, and any persons acting or purporting to act for
or on behalf of any of the foregoing, including the National Bank of
Yugoslavia, the Yugoslav National Army, and the Yugoslav Chamber of
Economy, the National Bank of Serbia, the Serbian Chamber of Economy,
the National Bank of Montenegro, and the Montenegrin Chamber of Economy.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by the International Emergency Economic Powers
Act [50 U.S.C. 1701 et seq.] and the United Nations Participation Act
[22 U.S.C. 287 et seq.], as may be necessary to carry out the purposes
of this order. Such actions may include prohibiting or regulating
payments or transfers of any property, or any transactions involving the
transfer of anything of economic value by the [sic] any United States
person to the Government of the Federal Republic of Yugoslavia (Serbia
and Montenegro), any person in the Federal Republic of Yugoslavia
(Serbia and Montenegro), or any person or entity acting for or on behalf
of, or owned or controlled, directly or indirectly, by any of the
foregoing. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States
Government, all agencies of which are hereby directed to take all
appropriate measures within their authority to carry out the provisions
of this order, including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 7. All delegations, rules, regulations, orders, licenses, and
other forms of administrative action made, issued, or otherwise taken
under Executive Order No. 12808 [set out above] and not revoked
administratively shall remain in full force and effect under this order
until amended, modified, or terminated by proper authority.
Sec. 8. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 9. (a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George Bush.
Ex. Ord. No. 12817. Transfer of Certain Iraqi Government Assets Held by
Domestic Banks
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, provided:
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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and
section 301 of title 3 of the United States Code, in order to apply in
the United States measures adopted in United Nations Security Council
Resolution No. 778 of October 2, 1992, and in order to take additional
steps with respect to the actions and policies of the Government of Iraq
and the national emergency described and declared in Executive Order No.
12722 [set out above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. The Secretary of the Treasury is authorized and directed
to take all actions necessary to carry out the provisions of United
Nations Security Council Resolution No. 778 with respect to blocked
funds and other assets described in section 2 of this order, or funds
and other assets received from the United Nations in repayment of funds
and assets transferred pursuant to section 2 of this order. For this
purpose, the Secretary of the Treasury is delegated and authorized to
exercise all authorities vested in the President by sections 203 and 205
of the International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) and section 5 of the United Nations Participation Act (22 U.S.C.
287c).
Sec. 2. Upon a determination by the Secretary of the Treasury that
funds or other assets in which the Government of Iraq or its agencies,
instrumentalities, or controlled entities have an interest represent the
proceeds of the sale of Iraqi petroleum or petroleum products, paid for
by or on behalf of the purchaser on or after August 6, 1990, each and
every United States financial institution is directed and compelled to
transfer such funds or assets held by it or carried on its books to the
Federal Reserve Bank of New York, when, to the extent, and in the manner
required by the Secretary of the Treasury.
Sec. 3. The Federal Reserve Bank of New York, as fiscal agent of the
United States, is authorized, directed, and compelled to receive funds
and other assets in which the Government of Iraq or its agencies,
instrumentalities, or controlled entities have an interest, and to hold,
invest, or transfer such funds and assets, and any earnings thereon,
when, to the extent, and in the manner required by the Secretary of the
Treasury in order to fulfill the rights and obligations of the United
States under United Nations Security Council Resolution No. 778.
Sec. 4. Compliance with this order, or any regulation, instruction,
or direction issued under this order, licensing, authorizing, directing,
or compelling the transfer of the blocked funds and other assets
described in section 2 of this order, or funds and other assets received
from the United Nations in repayment of funds and assets transferred
pursuant to section 2 of this order, shall, to the extent thereof, be a
full acquittance and discharge for all purposes of the obligation of the
person making the transfer. No person shall be held liable in any court
for or with respect to anything done or omitted in good faith in
connection with the administration of, or pursuant to and in reliance
on, this order or any regulation, instruction, or direction issued
hereunder. The operation of this order shall have no effect on rights,
debts, and claims existing with respect to funds or other assets prior
to their transfer to the Federal Reserve Bank of New York.
Sec. 5. For the purposes of this order, the term ``United States
financial institution'' means any United States citizen, permanent
resident alien, juridical person organized under the laws of the United
States, or any person located in the United States, which is engaged in
the business of accepting deposits, making, granting, transferring,
holding, or brokering loans or credits, or purchasing or selling foreign
exchange or securities, including, but not limited to, depository
institutions, banks, saving banks, trust companies, securities brokers
and dealers, clearing corporations, investment companies, and U.S.
holding companies, U.S. affiliates, or U.S. subsidiaries of the
foregoing. This term includes branches, offices, and agencies of foreign
financial institutions which are located in the United States.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to take such actions, including the
issuance of directive licenses, rules, and regulations, as may be
necessary to carry out the purposes of this order. The Secretary of the
Treasury may redelegate any of these functions to other officers and
agencies of the Federal Government. All agencies of the Federal
Government are directed to take all appropriate measures within their
authority to carry out the provisions of this order.
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party (other than
the United States) against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
Sec. 8.
(a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George Bush.
Ex. Ord. No. 12831. Additional Measures With Respect to Federal Republic
of Yugoslavia (Serbia and Montenegro)
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, provided:
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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and
section 301 of title 3 of the United States Code, in view of United
Nations Security Council Resolutions No. 757 of May 30, 1992, and No.
787 of November 16, 1992, and in order to take additional steps with
respect to the actions and policies of the Federal Republic of
Yugoslavia (Serbia and Montenegro) and the national emergency described
and declared in Executive Order No. 12808 [set out above] and expanded
in Executive Order No. 12810 [set out above],
I, GEORGE BUSH, President of the United States of America, hereby
order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses which may
hereafter be issued pursuant to this order, and notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or any contract entered into or any license or
permit granted before the effective date of this order:
(a) Any transaction within the United States or by a United States
person related to the transshipment of commodities or products through
the Federal Republic of Yugoslavia (Serbia and Montenegro); and
(b) Any transaction within the United States or by a United States
person relating to any vessel in which a majority or controlling
interest is held by a person or entity in, or operating from, the
Federal Republic of Yugoslavia (Serbia and Montenegro) regardless of the
flag under which the vessel sails.
Sec. 2. Any vessel in which a majority or controlling interest is
held by a person or entity in, or operating from, the Federal Republic
of Yugoslavia (Serbia and Montenegro) shall be considered as a vessel of
the Federal Republic of Yugoslavia (Serbia and Montenegro) regardless of
the flag under which the vessel sails.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by the International Emergency Economic Powers
Act [50 U.S.C. 1701 et seq.] and the United Nations Participation Act
[22 U.S.C. 287 et seq.], as may be necessary to carry out the purpose of
this order. Such actions may include prohibiting or regulating trade and
financial transactions involving any areas of the territory of the
former Socialist Federal Republic of Yugoslavia as to which there is
inadequate assurance that such transactions will not be diverted to the
benefit of the Federal Republic of Yugoslavia (Serbia and Montenegro).
The Secretary of the Treasury may redelegate the authority set forth in
this order to other officers and agencies of the United States
Government, all agencies of which are hereby directed to take all
appropriate measures within their authority to carry out the provisions
of this order, including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 4. Section 3[2](i) of Executive Order No. 12810 [set out above]
is hereby revoked.
Sec. 5. The definitions contained in Section 5 of Executive Order
No. 12810 [set out above] apply to the terms used in this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 7. (a) This order is effective immediately.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George Bush.
Ex. Ord. No. 12846. Additional Measures With Respect to Federal Republic
of Yugoslavia (Serbia and Montenegro)
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, provided:
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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and
section 301 of title 3, United States Code, in view of United Nations
Security Council Resolution No. 757 of May 30, 1992, No. 787 of November
16, 1992, and No. 820 of April 17, 1993, and in order to take additional
steps with respect to the actions and policies of the Federal Republic
of Yugoslavia (Serbia and Montenegro) and the national emergency
described and declared in Executive Order No. 12808 [set out above] and
expanded in Executive Order No. 12810 [set out above] and No. 12831 [set
out above],
I, WILLIAM J. CLINTON, President of the United States of America,
hereby order:
Section 1. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or any
contract entered into or any license or permit granted before the
effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses which may hereafter be
issued pursuant to this order:
(a) All 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),
including, without limitation, the property and interests in property of
entities (wherever organized or located) owned or controlled by such
undertakings or entities, that are in the United States, that hereafter
come within the United States, or that are or hereafter come within the
possession or control of United States persons, including their overseas
branches, are hereby blocked;
(b) All expenses incident to the blocking and maintenance of
property blocked under Executive Order Nos. 12808, 12810, 12831 [set out
above] or this order shall be charged to the owners or operators of such
property, which expenses shall not be met from blocked funds. Such
property may also be sold or liquidated and the proceeds placed in a
blocked interest-bearing account in the name of the owner;
(c) All vessels, freight vehicles, rolling stock, aircraft and cargo
that are within or hereafter come within the United States and are not
subject to blocking under Executive Order Nos. 12808, 12810, 12831 or
this order, but which are suspected of a violation of United Nations
Security Council Resolution Nos. 713, 757, 787 or 820, shall be detained
pending investigation and, upon a determination by the Secretary of the
Treasury that they have been in violation of any of these resolutions,
shall be blocked. Such blocked conveyances and cargo may also be sold or
liquidated and the proceeds placed in a blocked interest-bearing account
in the name of the owner;
(d) No vessel registered in the United States or owned or controlled
by United States persons, other than a United States naval vessel, may
enter the territorial waters of the Federal Republic of Yugoslavia
(Serbia and Montenegro); and
(e) Any dealing by a United States person relating to the
importation from, exportation to, or transshipment through the United
Nations Protected Areas in the Republic of Croatia and those areas of
the Republic of Bosnia-Hercegovina under the control of Bosnian Serb
forces, or activity of any kind that promotes or is intended to promote
such dealing, is prohibited.
Sec. 2. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by the International Emergency Economic Powers
Act [50 U.S.C. 1701 et seq.] and the United Nations Participation Act
[22 U.S.C. 287 et seq.] as may be necessary to carry out the purposes of
this order. The Secretary of the Treasury may redelegate the authority
set forth in this order to other officers and agencies of the Federal
Government, all agencies of which are hereby directed to take all
appropriate measures within their authority to carry out the provisions
of this order, including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 3. Nothing in this order shall apply to activities related to
the United Nations Protection Force, the International Conference on the
Former Yugoslavia, and the European Community Monitor Mission.
Sec. 4. The definitions contained in section 5 of Executive Order
No. 12810 [set out above] apply to the terms used in this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 6. This order shall not affect the provisions of licenses and
authorizations issued pursuant to Executive Order Nos. 12808, 12810,
12831 [set out above] and in force on the effective date of this order,
except as such licenses or authorization may hereafter be terminated,
modified or suspended by the issuing federal agency.
Sec. 7. (a) This order shall take effect at 12:01 a.m. Eastern
Daylight Time, April 26, 1993.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
Executive Order No. 12853
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti and the de facto regime in Haiti or
controlled directly or indirectly by either that were in United States
or within possession or control of United States persons and which
prohibited sale or supply to Haiti of petroleum or arms and related
materiel by United States persons or from United States or using U.S.-
registered vessels or aircraft, was revoked by Ex. Ord. No. 12932, Oct.
14, 1994, 59 F.R. 52403, set out below.
Ex. Ord. No. 12865. Prohibiting Certain Transactions With Respect to
UNITA
Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, provided:
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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and
section 301 of title 3, United States Code, and in view of United
Nations Security Council Resolution No. 864 of September 15, 1993,
I, WILLIAM J. CLINTON, President of the United States of America,
take note of the United Nations Security Council's determination that,
as a result of UNITA's military actions, the situation in Angola
constitutes a threat to international peace and security, and find that
the actions and policies of UNITA, in continuing military actions,
repeated attempts to seize additional territory and failure to withdraw
its troops from locations that it has occupied since the resumption of
hostilities, in repeatedly attacking United Nations personnel working to
provide humanitarian assistance, in holding foreign nationals against
their will, in refusing to accept the results of the democratic
elections held in Angola in 1992, and in failing to abide by the
``Acordos de Paz,'' constitute an unusual and extraordinary threat to
the foreign policy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or contract entered into or any license or
permit granted before the effective date of this order, except to the
extent provided in regulations, orders, directives, or licenses which
may hereafter be issued pursuant to this order:
(a) 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 and equipment and spare parts for the aforementioned,
as well as petroleum and petroleum products, regardless of origin:
(1) to UNITA;
(2) to the territory of Angola, other than through points of
entry to be designated by the Secretary of the Treasury, or any
activity by United States persons or in the United States which
promotes or is calculated to promote such sale or supply.
(b) Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order.
Sec. 2. For purposes of this order:
(a) The term ``United States person'' means any United States
citizen, permanent resident alien, juridical person organized under the
laws of the United States (including foreign branches), or person in the
United States;
(b) The term ``UNITA'' includes:
(1) the Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the ``National Union for the Total
Independence of Angola;''
(2) the Forcas Armadas para a Liberacao de Angola (FALA), known
in English as the ``Armed Forces for the Liberation of Angola;'' and
(3) any person acting or purporting to act for or on behalf of
any of the foregoing, including the Free Angola Information Service,
Inc.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by the International Emergency Economic Powers
Act [50 U.S.C. 1701 et seq.] and the United Nations Participation Act
[22 U.S.C. 287 et seq.] as may be necessary to carry out the purpose of
this order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States
Government.
Sec. 4. Nothing contained in the order shall be construed to
supersede the requirements established under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) and the Export Administration Act (50 U.S.C.
App. 2401 et seq.) to obtain licenses for the exportation from the
United States or from a third country of any goods, data, or services
subject to the export jurisdiction of the Department of State or the
Department of Commerce.
Sec. 5. All Federal agencies are hereby directed to take all
appropriate measures within their authority to carry out the provisions
of this order, including suspension or termination of licenses or other
authorizations in effect as of the date of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 7. (a) This order shall take effect immediately.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
Continuation of National Emergency Declared by Ex. Ord. No. 12865
Notice of President of the United States, dated Sept. 16, 1996, 61
F.R. 49047, provided:
On September 26, 1993, by Executive Order 12865 [set out above], I
declared a national emergency to deal with the unusual and extraordinary
threat to the foreign policy of the United States constituted by the
actions and policies of the National Union for the Total Independence of
Angola (``UNITA''), prohibiting 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 material of all types, and petroleum and
petroleum products to the territory of Angola, other than through
designated points of entry. The order also prohibits the sale or supply
of such commodities to UNITA. Because of our continuing international
obligations and because of the prejudicial effect that discontinuation
of the sanctions would have on the Angolan peace process, the national
emergency declared on September 26, 1993, and the measures adopted
pursuant thereto to deal with that emergency, must continue in effect
beyond September 26, 1996. 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 UNITA.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Prior continuation of national emergency declared by Ex. Ord. No.
12865 was contained in the following:
Notice of President of the United States, dated Sept. 18, 1995, 60
F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994, 59
F.R. 42749.
Ex. Ord. No. 12867. Termination of Emergency Authority for Certain
Export Controls
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702) (``the
IEEPA''), the National Emergencies Act (50 U.S.C. 1601 et seq.), the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et
seq.) (``the Act''), and section 301 of title 3 of the United States
Code, it is hereby ordered as follows:
Section 1. In view of the extension of the Act by Public Law 103-10
(March 27, 1993) [amending 50 App. U.S.C. 2419], Executive Order No.
12730 of September 30, 1990, which continued the effect of export
control regulations under the IEEPA, is revoked, and the declaration of
economic emergency is rescinded, as provided in this order.
Sec. 2. The revocation of Executive Order No. 12730 shall not affect
any violation of any rules, regulations, orders, licenses, and other
forms of administrative action under that Order that occurred during the
period the order was in effect. All rules and regulations issued or
continued in effect under the authority of the IEEPA and Executive Order
No. 12735, including those codified at 15 CFR Sections 768-799 (1993),
and all orders, regulations, licenses, and other forms of administrative
action issued, taken, or continued in effect pursuant thereto, shall
remain in full force and effect, as if issued, taken, or continued in
effect pursuant to and as authorized by the Act or by other appropriate
authority until amended or revoked by the proper authority. Nothing in
this order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set forth in
Executive Order No. 12002 of July 7, 1977, Executive Order No. 12214 of
May 2, 1980 [50 App. U.S.C. 2403 notes], and Executive Order No. 12735
of November 16, 1990.
Sec. 3. All rules, regulations, orders, licenses, and other forms of
administrative action issued, taken, or continued in effect pursuant to
the authority of the IEEPA and Executive Order No. 12730 relating to the
administration of Section 38(e) of the Arms Export Control Act (22
U.S.C. 2778(e)) shall remain in full force and effect until amended or
revoked under proper authority.
Sec. 4. This order shall take effect immediately.
William J. Clinton.
Executive Order No. 12868
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, which directed
Secretary of Commerce to regulate activities of United States persons to
prevent participation in weapons proliferation activities, was revoked,
with savings provision, by Ex. Ord. No. 12930, Sec. 3, Sept. 29, 1994,
59 F.R. 50475, formerly set out below.
Executive Order No. 12872
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, which directed
Secretary of the Treasury to block property of persons obstructing
democratization in Haiti, was revoked by Ex. Ord. No. 12932, Oct. 14,
1994, 59 F.R. 52403, set out below.
Executive Order No. 12914
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, which directed
Secretary of the Treasury to block all funds and financial resources of
officers and employees of Haitian military, including police, and of all
major participants in coup d'etat in Haiti of 1991 and in illegal
governments that followed, and which prohibited air travel between
United States territory and Haiti except regularly scheduled commercial
passenger flights, was revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59
F.R. 52403, set out below.
Executive Order No. 12917
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, which prohibited
imports into United States from Haiti and activity by United States
persons or in United States promoting or dealing in Haitian exports,
with certain exceptions, was revoked by Ex. Ord. No. 12932, Oct. 14,
1994, 59 F.R. 52403, set out below.
Executive Order No. 12920
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, which prohibited
payment or transfer of funds or other financial or investment assets or
credits to Haiti from or through United States or from Haiti to or
through United States and the sale, supply, or exportation of goods,
technology, or services to Haiti or promotion of such activity, with
certain exceptions, was revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59
F.R. 52403, set out below.
Executive Order No. 12922
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, which directed
Secretary of the Treasury to block property and interests in property of
Haitian national residents in Haiti and to continue blocking property of
certain other persons that were in United States or within possession
and control of United States persons, was revoked by Ex. Ord. No. 12932,
Oct. 14, 1994, 59 F.R. 52403, set out below.
Executive Order No. 12923
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, which continued
effectiveness of the Export Administration Act of 1979, 50 App. U.S.C.
2401 et seq., and of the orders, rules and regulations promulgated
thereunder, was revoked by Ex. Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59
F.R. 43438, set out below.
Ex. Ord. No. 12924. Continuation of Export Control Regulations
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including but not limited to
section 203 of the International Emergency Economic Powers Act (``Act'')
(50 U.S.C. 1702), I, WILLIAM J. CLINTON, President of the United States
of America, find that the unrestricted access of foreign parties to U.S.
goods, technology, and technical data and the existence of certain
boycott practices of foreign nations, in light of the expiration of the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et
seq.), constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States and hereby
declare a national emergency with respect to that threat.
Accordingly, in order (a) to exercise the necessary vigilance over
exports and activities affecting the national security of the United
States; (b) to further significantly the foreign policy of the United
States, including its policy with respect to cooperation by U.S. persons
with certain foreign boycott activities, and to fulfill its
international responsibilities; and (c) to protect the domestic economy
from the excessive drain of scarce materials and reduce the serious
economic impact of foreign demand, it is hereby ordered as follows:
Section 1. To the extent permitted by law, the provisions of the
Export Administration Act of 1979, as amended, and the provisions for
administration of the Export Administration Act of 1979, as amended,
shall be carried out under this order so as to continue in full force
and effect and amend, as necessary, the export control system heretofore
maintained by the Export Administration regulations issued under the
Export Administration Act of 1979, as amended. The delegations of
authority set forth in Executive Order No. 12002 of July 7, 1977 [50
App. U.S.C. 2403 note], as amended by Executive Order No. 12755 of March
12, 1991; Executive Order No. 12214 of May 2, 1980 [50 App. U.S.C. 2403
note]; Executive Order No. 12735 of November 16, 1990 [50 U.S.C. 1701
note]; and Executive Order No. 12851 of June 11, 1993 [22 U.S.C. 2797
note], shall be incorporated in this order and shall apply to the
exercise of authorities under this order.
Sec. 2. All rules and regulations issued or continued in effect by
the Secretary of Commerce under the authority of the Export
Administration Act of 1979, as amended [50 App. U.S.C. 2401 et seq.],
including those published in Title 15, Subtitle B, Chapter VII,
Subchapter C, of the Code of Federal Regulations, Parts 768 through 799,
and all orders, regulations, licenses, and other forms of administrative
action issued, taken, or continued in effect pursuant thereto, shall,
until amended or revoked by the Secretary of Commerce, remain in full
force and effect as if issued or taken pursuant to this order, except
that the provisions of sections 203(b)(2) and 206 of the Act (50 U.S.C.
1702(b)(2) and 1705) shall control over any inconsistent provisions in
the regulations. Nothing in this section shall affect the continued
applicability of administrative sanctions provided for by the
regulations described above.
Sec. 3. Provisions for administration of section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) may be made and shall continue in
full force and effect until amended or revoked under the authority of
section 203 of the Act (50 U.S.C. 1702). To the extent permitted by law,
this order also shall constitute authority for the issuance and
continuation in full force and effect of all rules and regulations by
the President or his delegate, and all orders, licenses, and other forms
of administrative actions issued, taken, or continued in effect pursuant
thereto, relating to the administration of section 38(e).
Sec. 4. Executive Order No. 12923 of June 30, 1994, is revoked, and
that declaration of emergency is rescinded. The revocation of Executive
Order No. 12923 shall not affect any violation of any rules,
regulations, orders, licenses, and other forms of administrative action
under that order that occurred during the period the order was in
effect.
Sec. 5. This order shall be effective as of midnight between August
20, 1994, and August 21, 1994, and shall remain in effect until
terminated.
William J. Clinton.
Continuation of National Emergency Declared by Ex. Ord. No. 12924
Notice of President of the United States, dated Aug. 14, 1996, 61
F.R. 42527, provided:
On August 19, 1994, consistent with the authority provided me under
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), I issued Executive Order No. 12924 [set out above]. In that
order, I declared a national emergency with respect to the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States in light of the expiration of the Export
Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.).
Because the Export Administration Act has not been renewed by the
Congress, the national emergency declared on August 19, 1994, must
continue in effect beyond August 19, 1996. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency declared in Executive Order No. 12924.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Prior continuation of national emergency declared by Ex. Ord. No.
12924 was contained in the following:
Notice of President of the United States, dated Aug. 15, 1995, 60
F.R. 42767.
Executive Order No. 12930
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, which directed
Secretary of Commerce to take measures to restrict participation by
United States persons in weapons proliferation activities, was revoked
by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099, set out
below.
Ex. Ord. No. 12932. Termination of Emergency With Respect to Haiti
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (``NEA'') (50 U.S.C. 1601 et seq.), section 5 of the
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c),
and section 301 of title 3, United States Code, and taking into
consideration United Nations Security Council Resolution 944 of
September 29, 1994,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the restoration of a democratically elected government in
Haiti has ended the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States previously
posed by the policies and actions of the de facto regime in Haiti and
the need to continue the national emergency declared in Executive Order
No. 12775 of October 4, 1991, to deal with that threat.
I hereby revoke Executive Order Nos. 12775, 12779, 12853, 12872,
12914, 12917, 12920, and 12922 and terminate the national emergency
declared in Executive Order No. 12775 with respect to Haiti.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination of
the national emergency with respect to Haiti 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 the effective date of this order, or any
rights or duties that matured or penalties that were incurred prior to
the effective date of this order.
This order shall take effect at 12:01 a.m. eastern daylight time on
October 16, 1994.
William J. Clinton.
Ex. Ord. No. 12934. Blocking Property and Additional Measures With
Respect to Bosnian Serb-Controlled Areas of Republic of Bosnia and
Herzegovina
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, provided:
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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United
Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and
section 301 of title 3, United States Code, in view of United Nations
Security Council Resolution 942 of September 23, 1994, and in order to
take additional steps with respect to the crisis in the former
Yugoslavia, I hereby expand the scope of the national emergency declared
in Executive Order No. 12808 [set out above] to address the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States posed by the actions and policies of the
Bosnian Serb forces and the authorities in the territory that they
control, including their refusal to accept the proposed territorial
settlement of the conflict in the Republic of Bosnia and Herzegovina.
I, WILLIAM J. CLINTON, President of the United States of America,
hereby order:
Section 1. Notwithstanding the existence of any rights or
obligations conferred or imposed by any international agreement or any
contract entered into or any license or permit granted before the
effective date of this order, except to the extent provided in
regulations, orders, directives, or licenses, which may hereafter be
issued pursuant to this order, all property and interests in property
of: (a) the Bosnian Serb military and paramilitary forces and the
authorities in those areas of the Republic of Bosnia and Herzegovina
under the control of those forces;
(b) any entity, including any commercial, industrial, or public
utility undertaking, organized or located in those areas of the Republic
of Bosnia and Herzegovina under the control of Bosnian Serb forces;
(c) any entity, wherever organized or located, which is owned or
controlled directly or indirectly by any person in, or resident in,
those areas of the Republic of Bosnia and Herzegovina under the control
of Bosnian Serb forces;
(d) any person acting for or on behalf of any person included within
the scope of paragraph (a), (b), or (c) of this section; that are in the
United States, that hereafter come within the United States, or that are
or hereafter come within the possession or control of United States
persons, including their overseas branches, are blocked.
Sec. 2. Notwithstanding the existence of any rights or obligations
conferred or imposed by any international agreement or any contract
entered into or any license or permit granted before the effective date
of this order, except to the extent provided in regulations, orders,
directives, or licenses, which may hereafter be issued pursuant to this
order: (a) the provision or exportation of services to those areas of
the Republic of Bosnia and Herzegovina under the control of Bosnian Serb
forces, or to any person for the purpose of any business carried on in
those areas, either from the United States or by a United States person,
is prohibited; and
(b) no vessel registered in the United States or owned or controlled
by a United States person, other than a United States naval vessel, may
enter the riverine ports of those areas of the Republic of Bosnia and
Herzegovina under the control of Bosnian Serb forces.
Sec. 3. Any transaction by any United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is prohibited.
Sec. 4. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to me by 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. 287 et seq.], as amended, as may be necessary to carry out
the purposes of this order. The Secretary of the Treasury may redelegate
the authority set forth in this order to other officers and agencies of
the United States Government, all agencies of which are hereby directed
to take all appropriate measures within their authority to carry out the
provisions of this order, including suspension or termination of
licenses or other authorizations in effect as of the date of this order.
Sec. 5. Nothing in this order shall apply to activities related to
the United Nations Protection Force, the International Conference on the
Former Yugoslavia, or the European Community Monitoring Missions.
Sec. 6. For the purposes of this order:
(a) The term ``person'' means an individual or entity;
(b) The term ``entity'' means a corporation, partnership,
association, or other organization;
(c) The term ``United States person'' is as defined in section 5 of
Executive Order No. 12810 [set out above].
Sec. 7. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 8 (a) This order shall take effect at 11:59 p.m. eastern
daylight time on October 25, 1994.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
Ex. Ord. No. 12938. Proliferation of Weapons of Mass Destruction
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, provided:
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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export Control Act,
as amended (22 U.S.C. 2751 et seq.), Executive Orders Nos. 12851 [22
U.S.C. 2797 note] and 12924 [set out above], and section 301 of title 3,
United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the proliferation of nuclear, biological, and chemical weapons
(``weapons of mass destruction'') and of the means of delivering such
weapons, constitutes an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and hereby
declare a national emergency to deal with that threat.
Accordingly, I hereby order:
Section 1. International Negotiations. It is the policy of the
United States to lead and seek multilaterally coordinated efforts with
other countries to control the proliferation of weapons of mass
destruction and the means of delivering such weapons. Accordingly, the
Secretary of State shall cooperate in and lead multilateral efforts to
stop the proliferation of weapons of mass destruction and their means of
delivery.
Sec. 2. Imposition of Controls. As provided herein, the Secretary of
State and the Secretary of Commerce shall use their respective
authorities, including the Arms Export Control Act [22 U.S.C. 2751 et
seq.] and the International Emergency Economic Powers Act [50 U.S.C.
1701 et seq.], to control any exports, to the extent they are not
already controlled by the Department of Energy and the Nuclear
Regulatory Commission, that either Secretary determines would assist a
country in acquiring the capability to develop, produce, stockpile,
deliver, or use weapons of mass destruction or their means of delivery.
The Secretary of State shall pursue early negotiations with foreign
governments to adopt effective measures comparable to those imposed
under this order.
Sec. 3. Department of Commerce Controls. (a) The Secretary of
Commerce shall prohibit the export of any goods, technology, or services
subject to the Secretary's export jurisdiction that the Secretary of
Commerce determines, in consultation with the Secretary of State, the
Secretary of Defense, and other appropriate officials, would assist a
foreign country in acquiring the capability to develop, produce,
stockpile, deliver, or use weapons of mass destruction or their means of
delivery. The Secretary of State shall pursue early negotiations with
foreign governments to adopt effective measures comparable to those
imposed under this section.
(b) Subsection (a) of this section will not apply to exports
relating to a particular category of weapons of mass destruction (i.e.,
nuclear, chemical, or biological weapons) if their destination is a
country with whose government the United States has entered into a
bilateral or multilateral arrangement for the control of that category
of weapons of mass destruction-related goods (including delivery
systems) and technology, or maintains domestic export controls
comparable to controls that are imposed by the United States with
respect to that category of goods and technology, or that are otherwise
deemed adequate by the Secretary of State.
(c) The Secretary of Commerce shall require validated licenses to
implement this order and shall coordinate any license applications with
the Secretary of State and the Secretary of Defense.
(d) The Secretary of Commerce, in consultation with the Secretary of
State, shall take such actions, including the promulgation of rules,
regulations, and amendments thereto, as may be necessary to continue to
regulate the activities of United States persons in order to prevent
their participation in activities that could contribute to the
proliferation of weapons of mass destruction or their means of delivery,
as provided in the Export Administration Regulations, set forth in Title
15, Chapter VII, Subchapter C, of the Code of Federal Regulations, Parts
768 to 799 inclusive.
Sec. 4. Sanctions Against Foreign Persons. (a) In addition to the
sanctions imposed on foreign persons as provided in the National Defense
Authorization Act for Fiscal Year 1991 [Pub. L. 101-510, see Tables for
classification] and the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 [22 U.S.C. 5601 et seq.], sanctions also
shall be imposed on a foreign person with respect to chemical and
biological weapons proliferation if the Secretary of State determines
that the foreign person on or after the effective date of this order or
its predecessor, Executive Order No. 12735 of November 16, 1990,
knowingly and materially contributed to the efforts of any foreign
country, project, or entity to use, develop, produce, stockpile, or
otherwise acquire chemical or biological weapons.
(b) No department or agency of the United States Government may
procure, or enter into any contract for the procurement of, any goods or
services from any foreign person described in subsection (a) of this
section. The Secretary of the Treasury shall prohibit the importation
into the United States of products produced by that foreign person.
(c) Sanctions pursuant to this section may be terminated or not
imposed against foreign persons if the Secretary of State determines
that there is reliable evidence that the foreign person concerned has
ceased all activities referred to in subsection (a).
(d) The Secretary of State and the Secretary of the Treasury may
provide appropriate exemptions for procurement contracts necessary to
meet U.S. operational military requirements or requirements under
defense production agreements, sole source suppliers, spare parts,
components, routine servicing and maintenance of products, and medical
and humanitarian items. They may provide exemptions for contracts in
existence on the date of this order under appropriate circumstances.
Sec. 5. Sanctions Against Foreign Countries. (a) In addition to the
sanctions imposed on foreign countries as provided in the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991 [22
U.S.C. 5601 et seq.], sanctions also shall be imposed on a foreign
country as specified in subsection (b) of this section, if the Secretary
of State determines that the foreign country has, on or after the
effective date of this order or its predecessor, Executive Order No.
12735 of November 16, 1990, (1) used chemical or biological weapons in
violation of international law; (2) made substantial preparations to use
chemical or biological weapons in violation of international law; or (3)
developed, produced, stockpiled, or otherwise acquired chemical or
biological weapons in violation of international law.
(b) The following sanctions shall be imposed on any foreign country
identified in subsection (a)(1) of this section unless the Secretary of
State determines, on grounds of significant foreign policy or national
security, that any individual sanction should not be applied. The
sanctions specified in this section may be made applicable to the
countries identified in subsections (a)(2) or (a)(3) when the Secretary
of State determines that such action will further the objectives of this
order pertaining to proliferation. The sanctions specified in subsection
(b)(2) below shall be imposed with the concurrence of the Secretary of
the Treasury.
(1) Foreign Assistance. No assistance shall be provided to that
country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et
seq.], or any successor act, or the Arms Export Control Act [22 U.S.C.
2751 et seq.], other than assistance that is intended to benefit the
people of that country directly and that is not channeled through
governmental agencies or entities of that country.
(2) Multilateral Development Bank Assistance. The United States
shall oppose any loan or financial or technical assistance to that
country by international financial institutions in accordance with
section 701 of the International Financial Institutions Act (22 U.S.C.
262d).
(3) Denial of Credit or Other Financial Assistance. The United
States shall deny to that country any credit or financial assistance by
any department, agency, or instrumentality of the United States
Government.
(4) Prohibition of Arms Sales. The United States Government shall
not, under the Arms Export Control Act, sell to that country any defense
articles or defense services or issue any license for the export of
items on the United States Munitions List.
(5) Exports of National Security-Sensitive Goods and Technology. No
exports shall be permitted of any goods or technologies controlled for
national security reasons under the Export Administration Regulations.
(6) Further Export Restrictions. The Secretary of Commerce shall
prohibit or otherwise substantially restrict exports to that country of
goods, technology, and services (excluding agricultural commodities and
products otherwise subject to control).
(7) Import Restrictions. Restrictions shall be imposed on the
importation into the United States of articles (that may include
petroleum or any petroleum product) that are the growth, product, or
manufacture of that country.
(8) Landing Rights. At the earliest practicable date, the Secretary
of State shall terminate, in a manner consistent with international law,
the authority of any air carrier that is controlled in fact by the
government of that country to engage in air transportation (as defined
in section 101(10) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1301(10) [see 49 U.S.C. 40102(5)]).
Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or 5
of this order shall remain in force until the Secretary of State
determines that lifting any sanction is in the foreign policy or
national security interests of the United States or, as to sanctions
under section 4 of this order, until the Secretary has made the
determination under section 4(c).
Sec. 7. Implementation. The Secretary of State, the Secretary of the
Treasury, and the Secretary of Commerce are hereby authorized and
directed to take such actions, including the promulgation of rules and
regulations, as may be necessary to carry out the purposes of this
order. These actions, and in particular those in sections 4 and 5 of
this order, shall be made in consultation with the Secretary of Defense
and, as appropriate, other agency heads and shall be implemented in
accordance with procedures established pursuant to Executive Order No.
12851 [22 U.S.C. 2797 note]. The Secretary concerned may redelegate any
of these functions to other officers in agencies of the Federal
Government. All heads of departments and agencies of the United States
Government are directed to take all appropriate measures within their
authority to carry out the provisions of this order, including the
suspension or termination of licenses or other authorizations.
Sec. 8. Preservation of Authorities. Nothing in this order is
intended to affect the continued effectiveness of any rules,
regulations, orders, licenses, or other forms of administrative action
issued, taken, or continued in effect heretofore or hereafter under the
authority of the International Economic Emergency Powers Act
[International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq.],
the Export Administration Act [50 App. U.S.C. 2401 et seq.], the Arms
Export Control Act [22 U.S.C. 2751 et seq.], the Nuclear Non-
proliferation Act [22 U.S.C. 3201 et seq.], Executive Order No. 12730 of
September 30, 1990 [50 U.S.C. 1701 note], Executive Order No. 12735 of
November 16, 1990, Executive Order No. 12924 of August 18, 1994 [50
U.S.C. 1701 note], and Executive Order No. 12930 of September 29, 1994.
Sec. 9. Judicial Review. This order is not intended to create, nor
does it create, any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its agencies,
officers, or any other person.
Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930.
Executive Order No. 12735 of November 16, 1990, and Executive Order No.
12930 of September 29, 1994, are hereby revoked.
Sec. 11. Effective Date. This order is effective immediately.
This order shall be transmitted to the Congress and published in the
Federal Register.
William J. Clinton.
Continuation of National Emergency Declared by Ex. Ord. No. 12938
Notice of President of the United States, dated Nov. 12, 1996, 61
F.R. 58309, provided:
On November 14, 1994, by Executive Order 12938 [set out above], I
declared a national emergency with respect to the unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States posed by the proliferation of nuclear,
biological, and chemical weapons (``weapons of mass destruction'') and
the means of delivering such weapons. Because the proliferation of
weapons of mass destruction and the means of delivering them continues
to pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the national emergency
declared on November 14, 1994, and extended on November 14, 1995, must
continue in effect beyond November 14, 1996. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing the national emergency declared in Executive Order
12938.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Prior continuation of national emergency declared by Ex. Ord. No.
12938 was contained in the following:
Notice of President of the United States, dated Nov. 8, 1995, 60
F.R. 57137.
Ex. Ord. No. 12947. Prohibiting Transactions With Terrorists Who
Threaten To Disrupt Middle East Peace Process
Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, provided:
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 (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that grave acts of violence committed by foreign terrorists that
disrupt the Middle East peace process constitute an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, and hereby declare a national emergency to
deal with that threat.
I hereby order:
Section 1. Except to the extent provided in section 203(b)(3) and
(4) of IEEPA (50 U.S.C. 1702(b)(3) and (4)) and in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date: (a) all property and interests in
property of:
(i) the persons listed in the Annex to this order;
(ii) foreign persons designated by the Secretary of State, in
coordination with the Secretary of the Treasury and the Attorney
General, because they are found:
(A) to have committed, or to pose a significant risk of
committing, acts of violence that have the purpose or effect of
disrupting the Middle East peace process, or
(B) to assist in, sponsor, or provide financial, material, or
technological support for, or services in support of, such acts of
violence; and
(iii) persons determined by the Secretary of the Treasury, in
coordination with the Secretary of State and the Attorney General,
to be owned or controlled by, or to act for or on behalf of, any of
the foregoing persons, that are in the United States, that hereafter
come within the United States, or that hereafter come within the
possession or control of United States persons, are blocked;
(b) any transaction or dealing by United States persons or within
the United States in property or interests in property of the persons
designated in or pursuant to this order is prohibited, including the
making or receiving of any contribution of funds, goods, or services to
or for the benefit of such persons;
(c) any transaction by any United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order,
is prohibited.
Sec. 2. For the purposes of this order: (a) the term ``person''
means an individual or entity;
(b) the term ``entity'' means a partnership, association,
corporation, or other organization, group, or subgroup;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person in the
United States; and
(d) the term ``foreign person'' means any citizen or national of a
foreign state (including any such individual who is also a citizen or
national of the United States) or any entity not organized solely under
the laws of the United States or existing solely in the United States,
but does not include a foreign state.
Sec. 3. I hereby determine that the making of donations of the type
specified in section 203(b)(2)(A) of IEEPA (50 U.S.C. 1702(b)(2)(A)) by
United States persons to persons designated in or pursuant to this order
would seriously impair my ability to deal with the national emergency
declared in this order, and hereby prohibit such donations as provided
by section 1 of this order.
Sec. 4. (a) The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, the Attorney General, is hereby
authorized to take such actions, including the promulgation of rules and
regulations, and to employ all powers granted to me by IEEPA as may be
necessary to carry out the purposes of this order. The Secretary of the
Treasury may redelegate any of these functions to other officers and
agencies of the United States Government. All agencies of the United
States Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order.
(b) Any investigation emanating from a possible violation of this
order, or of any license, order, or regulation issued pursuant to this
order, shall first be coordinated with the Federal Bureau of
Investigation (FBI), and any matter involving evidence of a criminal
violation shall be referred to the FBI for further investigation. The
FBI shall timely notify the Department of the Treasury of any action it
takes on such referrals.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m., eastern standard
time on January 24, 1995.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
ANNEX
Terrorist Organizations Which Threaten To Disrupt the Middle
East Peace Process
Abu Nidal Organization (ANO)
Democratic Front for the Liberation of Palestine (DFLP)
Hizballah
Islamic Gama'at (IG)
Islamic Resistance Movement (HAMAS)
Jihad
Kach
Kahane Chai
Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)
Popular Front for the Liberation of Palestine (PFLP)
Popular Front for the Liberation of Palestine-General Command (PFLP-
GC)
Continuation of National Emergency Declared by Ex. Ord. No. 12947
Notice of President of the United States, dated Jan. 18, 1996, 61
F.R. 1695, provided:
On January 23, 1995, by Executive Order No. 12947 [set out above], I
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 grave acts of violence committed by foreign
terrorists that disrupt the Middle East peace process. By Executive
Order No. 12947 of January 23, 1995, I blocked the assets in the United
States, or in the control of United States persons, of foreign
terrorists who threaten to disrupt the Middle East peace process. I also
prohibited transactions or dealings by United States persons in such
property. Because terrorist activities continue to threaten the Middle
East peace process and vital interests of the United States in the
Middle East, the national emergency declared on January 23, 1995, and
the measures that took effect on January 24, 1995, to deal with that
emergency must continue in effect beyond January 23, 1996. 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
foreign terrorists who threaten to disrupt the Middle East peace
process.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Ex. Ord. No. 12957. Prohibiting Certain Transactions With Respect to
Development of Iranian Petroleum Resources
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, provided:
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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3,
United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions and policies of the Government of Iran constitute
an unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may 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: (a) the entry into or performance by a United States person,
or the approval by a United States person of the entry into or
performance by an entity owned or controlled by a United States person,
of (i) a contract that includes overall supervision and management
responsibility for the development of petroleum resources located in
Iran, or (ii) a guaranty of another person's performance under such a
contract;
(b) the entry into or performance by a United States person, or the
approval by a United States person of the entry into or performance by
an entity owned or controlled by a United States person, of (i) a
contract for the financing of the development of petroleum resources
located in Iran, or (ii) a guaranty of another person's performance
under such a contract; and
(c) any transaction by any United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order.
Sec. 2. For the purposes of this order: (a) The term ``person''
means an individual or entity;
(b) The term ``entity'' means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) The term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person in the
United States; and
(d) The term ``Iran'' means the land territory claimed by Iran and
any other area over which Iran claims sovereignty, sovereign rights or
jurisdiction, including the territorial sea, exclusive economic zone,
and continental shelf claimed by Iran.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to me by the International Emergency Economic Powers Act as may
be necessary to carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other officers and
agencies of the United States Government. All agencies of the United
States Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order.
Sec. 4. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 5. (a) This order is effective at 12:01 a.m., eastern standard
time, on March 16, 1995.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
[Sections 1 and 2 of Ex. Ord. No. 12957 were revoked by Ex. Ord. No.
12959, Sec. 5, May 6, 1995, 60 F.R. 24758, set out below, to the extent
inconsistent with Ex. Ord. No. 12959.]
Continuation of National Emergency Declared by Ex. Ord. No. 12957
Notice of President of the United States, dated Mar. 8, 1996, 61
F.R. 9897, provided:
On March 15, 1995, by Executive Order No. 12957 [set out above], I
declared a national emergency with respect to Iran pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706), to
deal with the threat to the national security, foreign policy, and
economy of the United States constituted by the actions and policies of
the Government of Iran, including its support for international
terrorism, efforts to undermine the Middle East peace process, and
acquisition of weapons of mass destruction and the means to deliver
them. On May 6, 1995, I issued Executive Order No. 12959 [set out below]
imposing more comprehensive sanctions to further respond to this threat.
Because the actions and policies of the Government of Iran continue
to threaten the national security, foreign policy, and economy of the
United States, the national emergency declared on March 15, 1995, must
continue in effect beyond March 15, 1996. 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 Iran. Because the
emergency declared by Executive Order No. 12957 constitutes an emergency
separate from that declared on November 14, 1979, by Executive Order No.
12170 [set out above], this renewal is distinct from the emergency
renewal of November 1995. This Notice shall be published in the Federal
Register and transmitted to the Congress.
William J. Clinton.
Ex. Ord. No. 12959. Prohibiting Certain Transactions With Respect to
Iran
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, provided:
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 (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), section 505 of the
International Security and Development Cooperation Act of 1985 (22
U.S.C. 2349aa-9) (ISDCA), and section 301 of title 3, United States
Code,
I, WILLIAM J. CLINTON, President of the United States of America, in
order to take steps with respect to Iran in addition to those set forth
in Executive Order No. 12957 of March 15, 1995 [set out above], to deal
with the unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States referred to in that
order, hereby order:
Section 1. The following are prohibited, except to the extent
provided in regulations, orders, directives, or licenses that may 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: (a) the importation into the United States, or the financing
of such importation, of any goods or services of Iranian origin, other
than Iranian-origin publications and materials imported for news
publications or news broadcast dissemination;
(b) except to the extent provided in section 203(b) of IEEPA (50
U.S.C. 1702(b)), the exportation from the United States to Iran, the
Government of Iran, or to any entity owned or controlled by the
Government of Iran, or the financing of such exportation, of any goods,
technology (including technical data or other information subject to the
Export Administration Regulations, 15 CFR Parts 768-799 (1994) (the
``EAR'')), or services;
(c) the reexportation to Iran, the Government of Iran, or to any
entity owned or controlled by the Government of Iran, of any goods or
technology (including technical data or other information) exported from
the United States, the exportation of which to Iran is subject to export
license application requirements under any United States regulations in
effect immediately prior to the issuance of this order, unless, for
goods, they have been (i) substantially transformed outside the United
States, or (ii) incorporated into another product outside the United
States and constitute less than 10 percent by value of that product
exported from a third country;
(d) except to the extent provided in section 203(b) of IEEPA (50
U.S.C. 1702(b)), any transaction, including purchase, sale,
transportation, swap, financing, or brokering transactions, by a United
States person relating to goods or services of Iranian origin or owned
or controlled by the Government of Iran;
(e) any new investment by a United States person in Iran or in
property (including entities) owned or controlled by the Government of
Iran;
(f) the approval or facilitation by a United States person of the
entry into or performance by an entity owned or controlled by a United
States person of a transaction or contract (i) prohibited as to United
States persons by subsection (c), (d), or (e) above, or (ii) relating to
the financing of activities prohibited as to United States persons by
those subsections, or of a guaranty of another person's performance of
such transaction or contract; and
(g) any transaction by any United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order.
Sec. 2. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, or other organization;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person in the
United States;
(d) the term ``Iran'' means the territory of Iran and any other
territory or marine area, including the exclusive economic zone and
continental shelf, over which the Government of Iran claims sovereignty,
sovereign rights or jurisdiction, provided that the Government of Iran
exercises partial or total de facto control over the area or derives a
benefit from economic activity in the area pursuant to international
arrangements; and
(e) the term ``new investment'' means (i) a commitment or
contribution of funds or other assets, or (ii) a loan or other extension
of credit.
Sec. 3. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, the requirement of reports,
including reports by United States persons on oil transactions engaged
in by their foreign affiliates with Iran or the Government of Iran, and
to employ all powers granted to the President by IEEPA and ISDCA [Pub.
L. 99-83, see Short Title of 1985 Amendments note set out under section
2151 of Title 22, Foreign Relations and Intercourse] as may be necessary
to carry out the purposes of this order. The Secretary of the Treasury
may redelegate any of these functions to other officers and agencies of
the United States Government. All agencies of the United States
Government are hereby directed to take all appropriate measures within
their authority to carry out the provisions of this order.
Sec. 4. The Secretary of the Treasury may not authorize the
exportation or reexportation to Iran, the Government of Iran, or an
entity owned or controlled by the Government of Iran of any goods,
technology, or services subject to export license application
requirements of another agency of the United States Government, if
authorization of the exportation or reexportation by that agency would
be prohibited by law.
Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of October 29,
1987 [set out above], and sections 1 and 2 of Executive Order No. 12957
of March 15, 1995 [set out above], are hereby revoked to the extent
inconsistent with this order. Otherwise, the provisions of this order
supplement the provisions of Executive Orders No. 12613 and 12957.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 7. The measures taken pursuant to this order are in response to
actions of the Government of Iran occurring after the conclusion of the
1981 Algiers Accords, and are intended solely as a response to those
later actions.
Sec. 8. (a) This order is effective at 12:01 a.m., eastern daylight
time, on May 7, 1995, except that (i) section 1(b), (c), and (d) of this
order shall not apply until 12:01 a.m., eastern daylight time, on June
6, 1995, to trade transactions under contracts in force as of the date
of this order if such transactions are authorized pursuant to Federal
regulations in force immediately prior to the date of this order
(``existing trade contracts''), and (ii) letters of credit and other
financing agreements with respect to existing trade contracts may be
performed pursuant to their terms with respect to underlying trade
transactions occurring prior to 12:01 a.m., eastern daylight time, on
June 6, 1995.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
Ex. Ord. No. 12978. Blocking Assets and Prohibiting Transactions With
Significant Narcotics Traffickers
Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, provided:
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 (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions of significant foreign narcotics traffickers
centered in Colombia, and the unparalleled violence, corruption, and
harm that they cause in the United States and abroad, constitute an
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States, and hereby declare a national
emergency to deal with that threat.
Section 1. Except to the extent provided in section 203(b) of IEEPA
(50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses
that may be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to the
effective date, I hereby order blocked all property and interests in
property that are or hereafter come within the United States, or that
are or hereafter come within the possession or control of United States
persons, of:
(a) the foreign persons listed in the Annex to this order [not set
out in the Code];
(b) foreign persons determined by the Secretary of the Treasury, in
consultation with the Attorney General and the Secretary of State:
(i) to play a significant role in international narcotics
trafficking centered in Colombia; or
(ii) materially to assist in, or provide financial or
technological support for or goods or services in support of, the
narcotics trafficking activities of persons designated in or
pursuant to this order; and
(c) persons determined by the Secretary of the Treasury, in
consultation with the Attorney General and the Secretary of State, to be
owned or controlled by, or to act for or on behalf of, persons
designated in or pursuant to this order.
Sec. 2. Further, except to the extent provided in section 203(b) of
IEEPA and in regulations, orders, directives, or licenses that may be
issued pursuant to this order, and notwithstanding any contract entered
into or any license or permit granted prior to the effective date, I
hereby prohibit the following:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property of the persons
designated in or pursuant to this order;
(b) any transaction by any United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order.
Sec. 3. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
corporation, or other organization, group or subgroup;
(c) the term ``United States person'' means any United States
citizen or national, permanent resident alien, entity organized under
the laws of the United States (including foreign branches), or any
person in the United States;
(d) the term ``foreign person'' means any citizen or national of a
foreign state (including any such individual who is also a citizen or
national of the United States) or any entity not organized solely under
the laws of the United States or existing solely in the United States,
but does not include a foreign state; and
(e) the term ``narcotics trafficking'' means any activity undertaken
illicitly to cultivate, produce, manufacture, distribute, sell, finance
or transport, or otherwise assist, abet, conspire, or collude with
others in illicit activities relating to, narcotic drugs, including, but
not limited to, cocaine.
Sec. 4. The Secretary of the Treasury, in consultation with the
Attorney General and the Secretary of State, is hereby authorized to
take such actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA as may be
necessary to carry out this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of the
United States Government. All agencies of the United States Government
are hereby directed to take all appropriate measures within their
authority to carry out this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. Eastern Daylight
Time on October 22, 1995.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
William J. Clinton.
Continuation of National Emergency Declared by Ex. Ord. No. 12978
Notice of President of the United States, dated Oct. 16, 1996, 61
F.R. 54531, provided:
On October 21, 1995, by Executive Order 12978 [set out above], I
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 of significant foreign
narcotics traffickers centered in Colombia, and the unparalleled
violence, corruption, and harm that they cause in the United States and
abroad. The order blocks all property and interests in property of
foreign persons listed in an Annex to the order [not set out in the
Code], as well as foreign persons determined to play a significant role
in international narcotics trafficking centered in Colombia, to
materially assist in, or provide financial or technological support for
or goods or services in support of, the narcotics trafficking activities
of persons designated in or pursuant to the order, or to be owned or
controlled by, or to act for or on behalf of, persons designated in or
pursuant to the order. The order also prohibits any transaction or
dealing by United States persons or within the United States in such
property or interests in property. Because the activities of significant
narcotics traffickers centered in Colombia continue to threaten the
national security, foreign policy, and economy of the United States and
to cause unparalleled violence, corruption, and harm in the United
States and abroad, the national emergency declared on October 21, 1995,
and the measures adopted pursuant thereto to deal with that emergency,
must continue in effect beyond October 21, 1996. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing the national emergency for 1 year with
respect to significant narcotics traffickers centered in Colombia.
This notice shall be published in the Federal Register and
transmitted to the Congress.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in section 1702 of this title.
[Inserted by JYA]
Date: Thu, 12 Aug 1999 09:00 -0400
From: The White House <Publications-Admin@Pub.Pub.WhiteHouse.Gov>
To: Public-Distribution@pub.pub.whitehouse.gov
Subject: 1999-08-10 Notice on Export Control Regulations
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
For Immediate Release August 11, 1999
NOTICE
- - - - - - -
CONTINUATION OF EMERGENCY
REGARDING EXPORT CONTROL REGULATIONS
On August 19, 1994, consistent with the authority provided me under
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), I issued Executive Order 12924. In that order, I declared a
national emergency with respect to the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States in light of the expiration of the Export Administration Act of
1979, as amended (50 U.S.C. App. 2401 et seq.). Because the Export
Administration Act has not been renewed by the Congress, the national
emergency declared on August 19, 1994, must continue in effect beyond
August 19, 1999. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the
national emergency declared in Executive Order 12924.
This notice shall be published in the Federal Register and
transmitted to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 10, 1999.
# # #
[CITE: 50USC1702]
Sec. 1702. Presidential authorities
(a)(1) At the times and to the extent specified in section 1701 of
this title, the President may, under such regulations as he may
prescribe, by means of instructions, licenses, or otherwise--
(A) investigate, regulate, or prohibit--
(i) any transactions in foreign exchange,
(ii) transfers of credit or payments between, by, through,
or to any banking institution, to the extent that such transfers
or payments involve any interest of any foreign country or a
national thereof,
(iii) the importing or exporting of currency or securities;
and
(B) investigate, regulate, direct and compel, nullify, void,
prevent or prohibit, any acquisition, holding, withholding, use,
transfer, withdrawal, transportation, importation or exportation of,
or dealing in, or exercising any right, power, or privilege with
respect to, or transactions involving, any property in which any
foreign country or a national thereof has any interest;
by any person, or with respect to any property, subject to the
jurisdiction of the United States.
(2) In exercising the authorities granted by paragraph (1), the
President may require any person to keep a full record of, and to
furnish under oath, in the form of reports or otherwise, complete
information relative to any act or transaction referred to in paragraph
(1) either before, during, or after the completion thereof, or relative
to any interest in foreign property, or relative to any property in
which any foreign country or any national thereof has or has had any
interest, or as may be otherwise necessary to enforce the provisions of
such paragraph. In any case in which a report by a person could be
required under this paragraph, the President may require the production
of any books of account, records, contracts, letters, memoranda, or
other papers, in the custody or control of such person.
(3) Compliance with any regulation, instruction, or direction issued
under this chapter shall to the extent thereof be a full acquittance and
discharge for all purposes of the obligation of the person making the
same. No person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, this chapter, or
any regulation, instruction, or direction issued under this chapter.
(b) The authority granted to the President by this section does not
include the authority to regulate or prohibit, directly or indirectly--
(1) any postal, telegraphic, telephonic, or other personal
communication, which does not involve a transfer of anything of
value;
(2) donations, by persons subject to the jurisdiction of the
United States, of articles, such as food, clothing, and medicine,
intended to be used to relieve human suffering, except to the extent
that the President determines that such donations (A) would
seriously impair his ability to deal with any national emergency
declared under section 1701 of this title, (B) are in response to
coercion against the proposed recipient or donor, or (C) would
endanger Armed Forces of the United States which are engaged in
hostilities or are in a situation where imminent involvement in
hostilities is clearly indicated by the circumstances; or \1\
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\1\ So in original. The word ``or'' probably should not appear.
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(3) the importation from any country, or the exportation to any
country, whether commercial or otherwise, regardless of format or
medium of transmission, of any information or informational
materials, including but not limited to, publications, films,
posters, phonograph records, photographs, microfilms, microfiche,
tapes, compact disks, CD ROMs, artworks, and news wire feeds. The
exports exempted from regulation or prohibition by this paragraph do
not include those which are otherwise controlled for export under
section 2404 of the Appendix to this title, or under section 2405 of
the Appendix to this title to the extent that such controls promote
the nonproliferation or antiterrorism policies of the United States,
or with respect to which acts are prohibited by chapter 37 of title
18; or
(4) any transactions ordinarily incident to travel to or from
any country, including importation of accompanied baggage for
personal use, maintenance within any country including payment of
living expenses and acquisition of goods or services for personal
use, and arrangement or facilitation of such travel including
nonscheduled air, sea, or land voyages.
(Pub. L. 95-223, title II, Sec. 203, Dec. 28, 1977, 91 Stat. 1626; Pub.
L. 100-418, title II, Sec. 2502(b)(1), Aug. 23, 1988, 102 Stat. 1371;
Pub. L. 103-236, title V, Sec. 525(c)(1), Apr. 30, 1994, 108 Stat. 474.)
Amendments
1994--Subsec. (b)(3), (4). Pub. L. 103-236 added pars. (3) and (4)
and struck out former par. (3) which read as follows: ``the importation
from any country, or the exportation to any country, whether commercial
or otherwise, of publications, films, posters, phonograph records,
photographs, microfilms, microfiche, tapes, or other informational
materials, which are not otherwise controlled for export under section
2404 of the Appendix to this title or with respect to which no acts are
prohibited by chapter 37 of title 18.''
1988--Subsec. (b)(3). Pub. L. 100-418 added par. (3).
Effective Date of 1994 Amendment
Section 525(c)(2) and (3) of Pub. L. 103-236 provided that:
``(2) The amendments made by paragraph (1) to section 203(b)(3) of
the International Emergency Economic Powers Act [50 U.S.C. 1702(b)(3)]
apply to actions taken by the President under section 203 of such Act
before the date of enactment of this Act [Apr. 30, 1994] which are in
effect on such date and to actions taken under such section on or after
such date.
``(3) Section 203(b)(4) of the International Emergency Economic
Powers Act (as added by paragraph (1)) shall not apply to restrictions
on the transactions and activities described in section 203(b)(4) in
force on the date of enactment of this Act, with respect to countries
embargoed under the International Emergency Economic Powers Act [50
U.S.C. 1701 et seq.] on the date of enactment of this Act.''
Effective Date of 1988 Amendment
Section 2502(b)(2) of Pub. L. 100-418 provided that: ``The
amendments made by paragraph (1) [amending this section] apply to
actions taken by the President under section 203 of the International
Emergency Economic Powers Act [this section] before the date of the
enactment of this Act [Aug. 23, 1988] which are in effect on such date
of enactment, and to actions taken under such section on or after such
date of enactment.''
Section Referred to in Other Sections
This section is referred to in section 1701 of this title; title 22
section 6004.
[CITE: 50USC1703]
Sec. 1703. Consultation and reports
(a) Consultation with Congress
The President, in every possible instance, shall consult with the
Congress before exercising any of the authorities granted by this
chapter and shall consult regularly with the Congress so long as such
authorities are exercised.
(b) Report to Congress upon exercise of Presidential authorities
Whenever the President exercises any of the authorities granted by
this chapter, he shall immediately transmit to the Congress a report
specifying--
(1) the circumstances which necessitate such exercise of
authority;
(2) why the President believes those circumstances constitute an
unusual and extraordinary threat, which has its source in whole or
substantial part outside the United States, to the national
security, foreign policy, or economy of the United States;
(3) the authorities to be exercised and the actions to be taken
in the exercise of those authorities to deal with those
circumstances;
(4) why the President believes such actions are necessary to
deal with those circumstances; and
(5) any foreign countries with respect to which such actions are
to be taken and why such actions are to be taken with respect to
those countries.
(c) Periodic follow-up reports
At least once during each succeeding six-month period after
transmitting a report pursuant to subsection (b) of this section with
respect to an exercise of authorities under this chapter, the President
shall report to the Congress with respect to the actions taken, since
the last such report, in the exercise of such authorities, and with
respect to any changes which have occurred concerning any information
previously furnished pursuant to paragraphs (1) through (5) of
subsection (b) of this section.
(d) Supplemental requirements
The requirements of this section are supplemental to those contained
in title IV of the National Emergencies Act [50 U.S.C. 1641].
(Pub. L. 95-223, title II, Sec. 204, Dec. 28, 1977, 91 Stat. 1627.)
References in Text
The National Emergencies Act, referred to in subsec. (d), is Pub. L.
94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title IV of the
National Emergencies Act enacted subchapter IV (Sec. 1641) of chapter 34
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of this title and Tables.
[CITE: 50USC1704]
Sec. 1704. Authority to issue regulations
The President may issue such regulations, including regulations
prescribing definitions, as may be necessary for the exercise of the
authorities granted by this chapter.
(Pub. L. 95-223, title II, Sec. 205, Dec. 28, 1977, 91 Stat. 1628.)
[CITE: 50USC1705]
Sec. 1705. Penalties
(a) A civil penalty of not to exceed $10,000 may be imposed on any
person who violates, or attempts to violate, any license, order, or
regulation issued under this chapter.
(b) Whoever willfully violates, or willfully attempts to violate,
any license, order, or regulation issued under this chapter shall, upon
conviction, be fined not more than $50,000, or, if a natural person, may
be imprisoned for not more than ten years, or both; and any officer,
director, or agent of any corporation who knowingly participates in such
violation may be punished by a like fine, imprisonment, or both.
(Pub. L. 95-223, title II, Sec. 206, Dec. 28, 1977, 91 Stat. 1628; Pub.
L. 102-393, title VI, Sec. 629, Oct. 6, 1992, 106 Stat. 1773; Pub. L.
102-396, title IX, Sec. 9155, Oct. 6, 1992, 106 Stat. 1943; Pub. L. 104-
201, div. A, title XIV, Sec. 1422, Sept. 23, 1996, 110 Stat. 2725.)
Amendments
1996--Subsec. (a). Pub. L. 104-201, Sec. 1422(1), inserted ``, or
attempts to violate,'' after ``violates''.
Subsec. (b). Pub. L. 104-201, Sec. 1422(2), inserted ``, or
willfully attempts to violate,'' after ``violates''.
1992--Subsec. (a). Pub. L. 102-396 substituted ``$10,000'' for
``$50,000''.
Pub. L. 102-393 substituted ``$50,000'' for ``$10,000''.
Section Referred to in Other Sections
This section is referred to in title 18 section 1956; title 22
section 2778.
[CITE: 50USC1706]
Sec. 1706. Savings provisions
(a) Termination of national emergencies pursuant to National Emergencies
Act
(1) Except as provided in subsection (b) of this section,
notwithstanding the termination pursuant to the National Emergencies Act
[50 U.S.C. 1601 et seq.] of a national emergency declared for purposes
of this chapter, any authorities granted by this chapter, which are
exercised on the date of such termination on the basis of such national
emergency to prohibit transactions involving property in which a foreign
country or national thereof has any interest, may continue to be so
exercised to prohibit transactions involving that property if the
President determines that the continuation of such prohibition with
respect to that property is necessary on account of claims involving
such country or its nationals.
(2) Notwithstanding the termination of the authorities described in
section 101(b) of this Act, any such authorities, which are exercised
with respect to a country on the date of such termination to prohibit
transactions involving any property in which such country or any
national thereof has any interest, may continue to be exercised to
prohibit transactions involving that property if the President
determines that the continuation of such prohibition with respect to
that property is necessary on account of claims involving such country
or its nationals.
(b) Congressional termination of national emergencies by concurrent
resolution
The authorities described in subsection (a)(1) of this section may
not continue to be exercised under this section if the national
emergency is terminated by the Congress by concurrent resolution
pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622]
and if the Congress specifies in such concurrent resolution that such
authorities may not continue to be exercised under this section.
(c) Supplemental savings provisions; supersedure of inconsistent
provisions
(1) The provisions of this section are supplemental to the savings
provisions of paragraphs (1), (2), and (3) of section 101(a) [50 U.S.C.
1601(a)(1), (2), (3)] and of paragraphs (A), (B), and (C) of section
202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of the National Emergencies
Act.
(2) The provisions of this section supersede the termination
provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II [50
U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that
the provisions of this section are inconsistent with these provisions.
(d) Periodic reports to Congress
If the President uses the authority of this section to continue
prohibitions on transactions involving foreign property interests, he
shall report to the Congress every six months on the use of such
authority.
(Pub. L. 95-223, title II, Sec. 207, Dec. 28, 1977, 91 Stat. 1628.)
References in Text
The National Emergencies Act, referred to in subsecs. (a)(1) and
(c)(2), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended,
which is classified principally to chapter 34 (Sec. 1601 et seq.) of
this title. Title II of the National Emergencies Act is classified
generally to subchapter II (Sec. 1621 et seq.) of chapter 34 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of this title and Tables.
Section 101(b) of this Act, referred to in subsec. (a)(2), is
section 101(b) of Pub. L. 95-223, which is set out as a note under
section 5 of the Appendix to this title.