National emergency with respect to Haiti

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Material Information

Title:
National emergency with respect to Haiti message from the President of the United States transmitting his notification of his declaration of a national emergency with respect to Haiti, pursuant to 50 U.S.C. 1701 et seq., 50 U.S.C. 1601 et seq., and section 301 of Title 3 of the United States Code
Series Title:
House document / 102d Congress, 1st session ;
Physical Description:
1 online resource (5 p.) : ;
Language:
English
Creator:
United States -- President (1989-1993 : Bush)
Bush, George, 1924-
United States -- Congress. -- House. -- Committee on Foreign Affairs
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
War and emergency legislation -- United States   ( lcsh )
Pouvoirs exceptionnels -- États-Unis   ( ram )
Politics and government -- Haiti -- 1986-   ( lcsh )
Foreign relations -- Haiti -- United States   ( lcsh )
Foreign relations -- United States -- Haiti   ( lcsh )
Politique et gouvernment -- Haïti -- 1986-   ( ram )
Relations extérieures -- Haïti -- États-Unis   ( ram )
Relations extérieures -- États-Unis -- Haïti   ( ram )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Title from PDF cover (LLMC Digital, viewed on Sept. 29, 2010)
General Note:
"Referred to the Committee on Foreign Affairs."
General Note:
"October 8, 1991."

Record Information

Source Institution:
Columbia Law Library
Holding Location:
Columbia Law Library
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 666883030
System ID:
AA00001206:00001


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102d Congress, 1st Session - House Document 102-147


NATIONAL EMERGENCY WITH RESPECT TO HAITI






COMMUNICATION

FROM


THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

HIS NOTIFICATION OF HIS DECLARATION OF A NATIONAL EMER-
GENCY WITH RESPECT TO HAITI, PURSUANT TO 50 U.S.C. 1701
ET SEQ., 50 U.S.C. 1601 ET SEQ., AND SECTION 301 OF TITLE 3 OF
THE UNITED STATES CODE


OCTOBER 8, 1991.-Referred to the Committee on Foreign Affairs and
ordered to be printed


U.S. GOVERNMENT PRINTING OFFICE


102d Congress, 1st Session -


- House Document 102-147


59-011


WASHINGTON : 1991












THE WHITE HOUSE,
Washington, October 4, 1991.
Hon. THOMAS S. FOLEY,
Speaker of the House of Representatives,
Washington, DC.
DEAR MR. SPEAKER: Pursuant to section 204(b) of the Internation-
al Emergency Economic Powers Act, 50 U.S.C. section 1703(b), and
section 301 of the National Emergencies Act, 50 U.S.C. section
1631, I hereby report that I have exercised my statutory authority
in order to declare a national emergency with respect to Haiti and
to issue an Executive order that:
Blocks all property including bank deposits of the Govern-
ment of Haiti in the United States or in the control of U.S.
persons including their overseas branches; and
Prohibits any payment to the de facto regime in Haiti by
U.S. persons or by any person organized under the laws of
Haiti and owned or controlled by a U.S. person, and requires
that payments owed to the Government of Haiti be paid when
due into an account in the Federal Reserve Bank of New York
unless otherwise directed by the Secretary of the Treasury for
the benefit of the Haitian people.
The Secretary of the Treasury is authorized to issue regulations
implementing these prohibitions.
I am enclosing a copy of the Executive order that I have issued.
The order was effective 12:23 p.m. e.d.t., October 4, 1991.
I have authorized these measures in response to the de facto
regime in Haiti's unlawful seizure of power on September 30, 1991,
from the democratically elected government of President Jean-Ber-
trand Aristide of Haiti. This reprehensible action, which flies in
the face of the freely expressed will of the Haitian people, has met
with worldwide condemnation. The grave events in Haiti constitute
an unusual and extraordinary threat to the national security, for-
eign policy, and economy of the United States. Failure to confront
this overthrow of a freely elected government would cast doubt on
our commitment to democracy in the Western Hemisphere and in-
crease the risk that anti-democratic forces in other countries would
seek to overthrow other duly elected governments.
On October 2, 1991, in an emergency session, the Meeting of Min-
isters of Foreign Affairs of the Organization of American States
unanimously adopted a resolution condemning the illegal seizure of
power and demanding the restoration of constitutional government
under President Aristide. The resolution also recommends, among
other things, that "all States suspend their economic, financial and
commercial ties" with Haiti. The measures we are taking are nec-
essary to respond to that call. They express our outrage at the de






2

facto regime in Haiti's actions and will prevent that regime from
drawing on monies and properties within U.S. control.
Sincerely,
GEORGE BUSH.











EXECUTIVE ORDER



PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT TO HAITI


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 sea.), the National Emergencies Act

(50 U.S.C. 1601 et sea.), and section 301 of title 3 of the

United States Code,

I, GEORGE BUSH, President of the United States of America,

find that the grave events that have occurred in the Republic of

Haiti to disrupt the legitimate exercise of power by the

democratically elected government of that country 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 Haiti, its agencies, instrumentalities and

controlled entities, including the Banque de la Republique

d'Haiti, 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, any direct or indirect payments or

transfers to the de facto regime in Haiti of funds, including

currency, cash or coins of any nation, or of other financial or

investment assets or credits, by any United States person, or by











any person organized under the laws of Haiti and owned or

controlled by a United States person, are prohibited. All

transfers or payments owed to the Government of Haiti shall be

made when due into an account at the Federal Reserve Bank of

New York, or as otherwise may be directed by the Secretary of

the Treasury, to be held for the benefit of the Haitian people.

Sec. 3. For the purposes of this order:

(a) The term "de facto regime in Haiti" means those

who seized power illegally from the democratically elected

government of President Jean-Bertrand Aristide on September 30,

1991, and includes any persons, agencies, instrumentalities, or

entities purporting to act on behalf of the de facto regime, or

under the asserted authority thereof, or any extraconstitutional

successor thereto.

(b) 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. 4. The measures taken pursuant to this order are

not intended to block private Haitian assets subject to-the

jurisdiction of the United States, or to prohibit remittances by

United States persons to Haitian persons other than the de facto

regime in Haiti.

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 me by the International

Emergency Economic Powers Act, 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 de facto

regime in Haiti. 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. This order is effective immediately.

Sec. 7. 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 its officers, or the Federal Reserve Bank of

New York or its officers.

This order shall be transmitted to the Congress and

published in the Federal Register.











THE WHITE HOUSE,

October 4, 1991.














































ISBN 0-16-035894-9
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