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Message to the Congress on Additional Measures With Respect to the Federal Republic of Yugoslavia (Serbia and Montenegro)

April 26, 1993

To the Congress of the United States:

On June 1, 1992, pursuant to section 204(b) of the International Emergency Economic Powers Act (50 U.S.C. 1703(b)) and section 301 of the National Emergencies Act (50 U.S.C. 1631), President Bush reported to the Congress by letters to the President of the Senate and the Speaker of the House, dated May 30, 1992, that he had exercised his statutory authority to issue Executive Order No. 12808 of May 30, 1992, declaring a national emergency and blocking "Yugoslav Government" property and property of the Governments of Serbia and Montenegro.

On June 5, 1992, pursuant to the above authorities as well as section 1114 of the Federal Aviation Act (49 U.S.C. App. 1514), and section 5 of the United Nations Participation Act (22 U.S.C. 287c), the President reported to the Congress by letters to the President of the Senate and the Speaker of the House that he had exercised his statutory authority to issue Executive Order No. 12810 of June 5, 1992, blocking property of and prohibiting transactions with the Federal Republic of Yugoslavia (Serbia and Montenegro). This latter action was taken to ensure that the economic measures taken by the United States with respect to the Federal Republic of Yugoslavia (Serbia and Montenegro) conform to U.N. Security Council Resolution No. 757 (May 30, 1992).

On January 19, 1993, pursuant to the above authorities, President Bush reported to the Congress by letters to the President of the Senate and the Speaker of the House that he had exercised his statutory authority to issue Executive Order No. 12831 of January 15, 1993, to impose additional economic measures with respect to the Federal Republic of Yugoslavia (Serbia and Montenegro) to conform to U.N. Security Council Resolution No. 787 (November 16, 1992). Those additional measures prohibited transactions related to transshipments through the Federal Republic of Yugoslavia (Serbia and Montenegro), as well as transactions related to vessels owned or controlled by persons or entities in the Federal Republic of Yugoslavia (Serbia and Montenegro).

On April 17, 1993, the U.N. Security Council adopted Resolution No. 820, calling on the Bosnian Serbs to accept the Vance-Owen peace plan for Bosnia-Hercegovina and, if they failed to do so by April 26, calling on member states to take additional measures to tighten the embargo against the Federal Republic of Yugoslavia (Serbia and Montenegro). Effective 12:01 a.m. EDT on April 26, 1993, I have taken additional steps pursuant to the above statutory authorities to enhance the implementation of this international embargo and to conform to U.N. Security Council Resolution No. 820 (April 17, 1993). The order that I signed on April 25, 1993:

—blocks all property of businesses organized or located in the Federal Republic of Yugoslavia (Serbia or Montenegro), including the property of entities owned or controlled by them, wherever organized or located, if that property is in or later comes within the United States or the possession or control of U.S.. persons, including their overseas branches;

—charges to the owners or operators of property blocked under that order or Executive Order No. 12808, 12810, or 12831 all expenses incident to the blocking and maintenance of such property, requires that such expenses be satisfied from sources other than blocked funds, and permits such property to be sold and the proceeds (after payment of expenses) placed in a blocked account;

—orders (1) the detention, pending investigation, of all nonblocked vessels, aircraft, freight vehicles, rolling stock, and cargo within the United States that are suspected of violating U.N. Security Council Resolution No. 713, 757, 787, or 820, and (2) the blocking of such conveyances or cargo if a violation is determined to have been committed, and permits the sale of such blocked conveyances or cargo and the placing of the net proceeds into a blocked account;

—prohibits any vessel registered in the United States, or owned or controlled by U.S.. persons, other than a United States naval vessel, from entering the territorial waters of the Federal Republic of Yugoslavia (Serbia and Montenegro); and

—prohibits U.S.. persons from engaging in any dealings relating to the shipment of goods to, from, or through United Nations Protected Areas in the Republic of Croatia and areas in the Republic of Bosnia-Hercegovina under the control of Bosnian Serb forces.

The order that I signed on April 25, 1993, authorizes the Secretary of the Treasury in consultation with the Secretary of State to take such actions, and to employ all powers granted to me by the International Emergency Economic Powers Act and the United Nations Participation Act, as may be necessary to carry out the purposes of that order, including the issuance of licenses authorizing transactions otherwise prohibited. The sanctions imposed in the order apply notwithstanding any preexisting contracts, international agreements, licenses or authorizations. However, licenses or authorizations previously issued pursuant to Executive Order No. 12808, 12810, or 12831 are not invalidated by the order unless they are terminated, suspended or modified by action of the issuing federal agency.

The declaration of the national emergency made by Executive Order No. 12808 and the controls imposed under Executive Orders No. 12810 and 12831, and any other provisions of those orders not modified by or inconsistent with the April 25, 1993, order, remain in force and are unaffected by that order.

WILLIAM J. CLINTON

The White House,

April 26, 1993.

NOTE: The Executive order of April 25 is listed in Appendix D at the end of this volume.

William J. Clinton, Message to the Congress on Additional Measures With Respect to the Federal Republic of Yugoslavia (Serbia and Montenegro) Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/220098

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