Letter to Congressional Leaders on Termination of National Emergencies With Respect to Yugoslavia and Modification of the National Emergency With Respect to the Western Balkans
Dear Mr. Speaker: (Dear Mr. President:)
Consistent with section 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and sections 202(a) and 301 of the National Emergencies Act, 50 U.S.C. 1622 and 1631, I hereby report that I have today issued an Executive Order. The order terminates the national emergencies declared in Executive Order 12808 of May 30, 1992, and Executive Order 13088 of June 9, 1998, with respect to the former Socialist Federal Republic of Yugoslavia, and revokes those and all related orders. I have determined that the situations that gave rise to those national emergencies have been significantly altered by the peaceful transition to democracy and other positive developments in Serbia and Montenegro (formerly the Federal Republic of Yugoslavia (Serbia and Montenegro) (the "FRY (SaM)").
A series of Milosevic-era Executive Orders, beginning with Executive Order 12808 of May 30, 1992, imposed sanctions on the former Yugoslavia. The sanctions imposed pursuant to Executive Order 12808 and related orders were suspended pursuant to Presidential Determination 96-7, on December 27, 1995, in order to achieve a settlement of the conflict in Bosnia and Herzegovina. In Executive Order 13192 of January 17, 2001, President Clinton lifted sanctions on the Government of the FRY (SaM) and the Governments of the Republics of Serbia and Montenegro that had been imposed pursuant to Executive Order 13088 and related orders. Since that time, the United States Government has maintained sanctions on Slobodan Milosevic, his close associates, and other persons, because of the illegitimate control over FRY (SaM) political institutions and economic resources or enterprises exercised by these persons and their capacity to repress democracy or perpetrate or promote further human rights abuses.
I have now determined that the strong commitment to political and economic reform shown by senior officials in the Government of Serbia and Montenegro warrants the termination altogether of the national emergencies declared with respect to the former Socialist Federal Republic of Yugoslavia. These national emergencies, and the sanctions that flowed from them, though suspended or lifted, have been perceived to be outdated and have been a source of bilateral concern for the United States and Serbia and Montenegro. In terminating these national emergencies, this Executive Order also encourages the efforts of reform-minded officials of the Government of Serbia and Montenegro by removing the vestiges of restrictions imposed during the Milosevic era.
Although I am terminating the Yugoslav emergencies and related Executive Orders, pursuant to my authority under IEEPA, I am continuing for the near future certain prohibitions with respect to property previously blocked pursuant to Executive Orders 12808 and 13088. Such prohibitions are necessary on account of claims involving the successor states to the former Socialist Federal Republic of Yugoslavia and others with respect to certain property and interests in property that have yet to be unblocked. In addition, certain individuals targeted with sanctions under Executive Order 13088, as amended by Executive Order 13192 of January 17, 2001, will now be subject to sanctions set forth under the national emergency declared in Executive Order 13219 of June 26, 2001, with respect to persons who threaten international stabilization efforts in the Western Balkans, as discussed below.
I have amended Executive Order 13219 of June 26, 2001, with respect to persons who threaten international stabilization efforts in the Western Balkans to take additional steps with respect to continuing, widespread, and illicit actions by certain persons that obstruct implementation of the Ohrid Framework Agreement of 2001 relating to Macedonia, or United Nations Security Council Resolution 1244 of June 10, 1999, relating to Kosovo, or the Dayton Accords or the Conclusions of the Peace Implementation Conference held in London on December 8-9, 1995, including the decisions or conclusions of the High Representative, the Peace Implementation Council or its Steering Board, relating to Bosnia and Herzegovina, including the harboring of individuals indicted by the International Criminal Tribunal for the former Yugoslavia. These additional steps respond to the continuing actions of ethnic extremists in Bosnia, Kosovo, Macedonia, southern Serbia, and elsewhere in the Western Balkans who engage in acts of violence, sometimes targeting international personnel, or otherwise obstruct efforts to build peace and stability. The Executive Order underscores the support of the United States for the International Criminal Tribunal for the former Yugoslavia by sanctioning those individuals indicted by the Tribunal and those who aid and abet their efforts to escape justice.
The Executive Order blocks all property and interests in property of the persons identified in the Annex to the order, which supersedes a previous Annex attached to Executive Order 13219, as well as persons subsequently designated pursuant to the order by the Secretary of the Treasury, in consultation with the Secretary of State. The order further prohibits any transaction or dealing by United States persons or within the United States in property or interests in property blocked pursuant to the order, including the making or receiving of any contribution of funds, goods, or services to or for the benefit of the persons designated pursuant to the order.
Under the order, the Secretary of the Treasury is authorized, in consultation with the Secretary of State, to designate additional persons, and thereby block their property and assets, that are determined:
— to be under open indictment by the International Criminal Tribunal for the former Yugoslavia, unless circumstances warrant otherwise, or
— to have committed, or to pose a significant risk of committing, acts of violence that have the purpose or effect of threatening the peace in or diminishing the stability or security of any area or state in the Western Balkans region, undermining the authority, efforts, or objectives of international organizations or entities present in the region, or endangering the safety of persons participating in or providing support to the activities of those international organizations or entities, or
— to have actively obstructed, or pose a significant risk of actively obstructing, implementation of the Ohrid Framework Agreement of 2001 relating to Macedonia, United Nations Security Council Resolution 1244 relating to Kosovo, or the Dayton Accords or the Conclusions of the Peace Implementation Conference held in London on December 8-9, 1995, including the decisions or conclusions of the High Representative, the Peace Implementation Council or its Steering Board, relating to Bosnia and Herzegovina, or
— to have materially assisted in, sponsored, or provided financial, material or technological support for, or goods or services in support of, such acts of violence or obstructionism, or any person listed in or designated pursuant to this order, or
— to be owned or controlled by, or acting or purporting to act directly or indirectly for or on behalf of, any persons designated in or pursuant to this order.
In addition, the Secretary of the Treasury, in consultation with the Secretary of State, is also authorized to determine, subsequent to the issuance of the Executive Order, that circumstances no longer warrant inclusion of a person in the Annex to the order and that such person is therefore no longer covered within the scope of the Executive Order. The Secretary of the Treasury, in consultation with the Secretary of State, is also authorized to issue regulations in the exercise of authorities under the International Emergency Economic Powers Act and the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c), to implement the measures provided in the order. All Federal agencies are directed to take actions within their authority to carry out the provisions of the Executive Order.
This Executive Order further demonstrates the U.S. commitment to supporting reform throughout the Balkans and recognizes the significant steps the countries of the region have taken, and are continuing to take, to root out corruption and fight organized crime.
I am enclosing a copy of the Executive Order I have issued. This order becomes effective at 12:01 a.m. eastern daylight time on May 29, 2003.
GEORGE W. BUSH
NOTE: Identical letters were sent to J. Dennis Hastert, Speaker of the House of Representatives, and Richard B. Cheney, President of the Senate. This letter was released by the Office of the Press Secretary on May 29. The Executive order of May 28 is listed in Appendix D at the end of this volume.
George W. Bush, Letter to Congressional Leaders on Termination of National Emergencies With Respect to Yugoslavia and Modification of the National Emergency With Respect to the Western Balkans Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/212772