Continuation of national emergency with respect to Haiti

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Material Information

Title:
Continuation of national emergency with respect to Haiti message from the President of the United States transmitting a report on developments since his last report, concerning the national emergency with respect to Haiti, pursuant to 50 U.S.C. 1703(c)
Series Title:
House document / 102d Congress, 2d session ;
Physical Description:
1 online resource (3 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:
Economic sanctions, American -- Haiti   ( lcsh )
Economic sanctions -- Haiti   ( lcsh )
Sanctions économiques américaines -- Haïti   ( ram )
Sanctions économiques -- Haïti   ( ram )
Foreign economic relations -- Haiti   ( lcsh )
Relations économiques extérieures -- 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:
"April 7, 1992."

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 - 666892918
System ID:
AA00001211:00001


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R 13 1992

102d Congress, 2d Session - --- House Document 102-287


CONTINUATION OF NATIONAL EMERGENCY WITH
RESPECT TO HAITI





MESSAGE

FROM


THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A REPORT ON DEVELOPMENTS SINCE HIS LAST REPORT, CON-
CERNING THE NATIONAL EMERGENCY WITH RESPECT TO HAITI,
PURSUANT TO 50 U.S.C. 1703(c)


APRIL 7, 1992.-Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed.


U.S. GOVERNMENT PRINTING OFFICE
59-011 WASHINGTON : 1992











To the Congress of the United States:
1. On October 4, 1991, in Executive Order No. 12775, I declared a
national emergency to deal with the threat to the national securi-
ty, foreign policy, and economy of the United States caused by
events that had occurred in Haiti to disrupt the legitimate exercise
of power by the democratically elected government of that country
(56 FR 50641). In that order, I ordered the immediate blocking of
all property and interests in property of the Government of Haiti
(including the Banque de la Republique D'Haiti) then or thereafter
located in the United States or within the possession or control of a
U.S. person, including its overseas branches. I also prohibited any
direct or indirect payments or transfers to the de facto regime in
Haiti of funds or other financial or investment assets or credits by
any U.S. person or any entity organized under the laws of Haiti
and owned or controlled by a U.S. person.
Subsequently, on October 28, 1991, I issued Executive Order No.
12779 adding trade sanctions against Haiti to the sanctions im-
posed on October 4 (56 FR 55975). Under this order, I prohibited
exportation from the United States of goods, technology, and serv-
ices, and importation into the United States of Haitian-origin goods
and services, after November 5, 1991, with certain limited excep-
tions. The order exempts trade in publications and other informa-
tional materials from the import, export, and payment prohibitions
and permits the exportation to Haiti of donations to relieve human
suffering as well as commercial sales of five food commodities: rice,
beans, sugar, wheat flour, and cooking oil. In order to permit the
return to the United States of goods being prepared for U.S. cus-
tomers by Haiti's substantial "assembly sector," the order also per-
mitted, through December 5, 1991, the importation into the United
States of goods assembled or processed in Haiti that contained
parts or materials previously exported to Haiti from the United
States.
2. The declaration of the national emergency on October 4, 1991,
was made pursuant to the authority vested in me as President by
the Constitution and laws of the United States, including the Inter-
national 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 reported the emergency
declaration to the Congress on October 4, 1991, pursuant to section
204(b) of the International Emergency Economic Powers Act (50
U.S.C. 1703(b)). The additional sanctions set forth in my order of
October 28 were imposed pursuant to the authority vested in me by
the Constitution and laws of the United States, including the stat-
utes cited above, and implemented in the United States, Resolution
MRE/RES. 2/91, adopted by the Ad Hoc Meeting of Ministers of
Foreign Affairs of the organization of American States ("OAS") on
October 8, 1991, which called on Member States to impose a trade







embargo on Haiti and to freeze Government of Haiti assets. The
present report is submitted pursuant to 50 U.S.C. 1641(c) and
1703(c) and discusses Administration actions and expenses directly
related to the national emergency with respect to Haiti declared in
Executive Order No. 12775, as implemented pursuant to that order
and Executive Order No. 12779.
3. On March 31, 1992, the Office of Foreign Assets Control of the
Department of the Treasury ("FAC"), after consultation with other
Federal agencies, issued the Haitian Transactions Regulations, 31
C.F.R. Part 580 (57 FR 10820, March 31, 1992), to implement the
prohibitions set forth in Executive Orders Nos. 12775 and 12779.
Prior to the issuance of the final regulations, FAC issued a
number of general licenses to address urgent situations requiring
an interpretation of U.S. sanctions policy in advance of the final
regulations. These general licenses provided agency policy regard-
ing the articles (baggage, personal effects, etc.) that could be ex-
ported or imported by travellers to and from Haiti; the treatment
of amounts owed to the de facto regime by U.S. persons for certain
telecommunications services; the movement of diplomatic pouches;
the obligation of banks and other financial institutions with re-
spect to Government of Haiti funds in their possession or control;
authorization of commercial shipments to Haiti of medicines and
medical supplies; and the circumstances under which certain ex-
portations to, or importations from, the "assembly sector" in Haiti
would be permitted. These general licenses have been incorporated
into the Haitian Transactions Regulations.
4. The ouster of Jean-Bertrand Aristide, the democratically elect-
ed President of Haiti, in an illegal coup by elements of the Haitian
military on September 30, 1991, was immediately repudiated and
vigorously condemned by the OAS. The convening on September 30
of an emergency meeting of the OAS Permanent Council to address
this crisis reflected an important first use of a mechanism ap-
proved at the 1991 OAS General Assembly in Santiago,* Chile, re-
quiring the OAS to respond to a sudden or irregular interruption of
the functioning of a democratic government anywhere in the West-
ern Hemisphere. As an OAS Member State, the United States has
participated actively in OAS diplomatic efforts to restore democra-
cy in Haiti and has supported fully the OAS resolutions adopted in
response to the crisis, including Resolution MRE/RES. 2/91.
5. In these initial months of the Haitian sanctions program, FAC
has made extensive use of its authority to specifically license trans-
actions with respect to Haiti in an effort to mitigate the effects of
the sanctions on the legitimate Government of Haiti and on U.S.
firms having established relationships with Haiti's "assembly
sector," and to ensure the availability of necessary medicines and
medical supplies and the undisrupted flow of humanitarian dona-
tions to Haiti's poor. For example, specific licenses have been
issued (1) permitting expenditures from blocked assets for the oper-
ations of the legitimate Government of Haiti, (2) permitting U.S.
firms wishing to terminate assembly operations in Haiti to return
equipment, machinery, and parts and materials inventories to the
United States and, beginning February 5, 1992, permitting firms
wishing to resume assembly operations in Haiti to do so provided
the prohibition on payments to the de facto regime is complied






with, and (3) permitting the continued material support of U.S. and
international religious, charitable, public health, and other human-
itarian organizations and projects operating in Haiti.
6. Since the issuance of Executive Order No. 12779, FAC has
worked closely with the U.S. Customs Service to ensure both that
prohibited imports and exports (including those in which the Gov-
ernment of Haiti has an interest) are identified and interdicted and
that permitted imports and exports move to their intended destina-
tion without undue delay. Violations and suspected violations of the
embargo are being investigated, and appropriate enforcement ac-
tions will be taken.
7. The expenses incurred by the Federal Government in the 6-
month period from October 4, 1991, through April 3, 1992, that are
directly attributable to the authorities conferred by the declaration
of a national emergency with respect to Haiti are estimated at
$323,000, most of which represent wage and salary costs for Feder-
al personnel. Personnel costs were largely centered in the Depart-
ment of the Treasury (particularly in FAC, the U.S. Customs Serv-
ice, and the Office of the General Counsel), the Department of
State, the Department of Commerce, and the Federal Reserve Bank
of New York.
8. The assault on Haiti's democracy represented by the military's
forced exile of President Aristide continues to pose an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States. The United States remains commit-
ted to a multilateral resolution of this crisis through its actions im-
plementing the resolutions of the OAS with respect to Haiti. I shall
continue to exercise the powers at my disposal to apply economic
sanctions against Haiti as long as these measures are appropriate,
and will continue to report periodically to the Congress on signifi-
cant developments pursuant to 50 U.S.C. 1703(c).
GEORGE BUSH.
THE WHITE HOUSE, April 7, 1992.