Blocking government of Haiti property and prohibiting transactions with Haiti

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Material Information

Title:
Blocking government of Haiti property and prohibiting transactions with Haiti message from the President of the United States transmitting a copy of an executive order taking additional steps with respect to the actions and policies of the de facto regime in Haiti and the national emergency described and declared in executive order no. 12775, pursuant to 50 U.S.C. 1701 et seq., and 1601 et seq., and 22 U.S.C. 287c
Series Title:
House document / 103d Congress, 1st session ;
Physical Description:
1 online resource (5 p.) : ;
Language:
English
Creator:
United States -- President (1993-2001 : Clinton)
Clinton, Bill, 1946-
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 powers -- United States   ( lcsh )
Property -- Haiti   ( lcsh )
Enemy property   ( lcsh )
Pouvoirs exceptionnels -- États-Unis   ( ram )
Propriété -- Haïti   ( ram )
Biens ennemis   ( ram )
Politics and government -- Haiti -- 1986-   ( lcsh )
Foreign relations -- United States -- Haiti   ( lcsh )
Foreign relations -- Haiti -- United States   ( lcsh )
Politique et gouvernement -- Haïti -- 1986-   ( ram )
Relations extérieures -- États-Unis -- Haïti   ( ram )
Relations extérieures -- Haïti -- États-Unis   ( ram )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Title from PDF t.p. (LLMC Digital, viewed on Nov. 23, 2010)
General Note:
"Referred to the Committee on Foreign Affairs."
General Note:
"June 30, 1993."

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 - 682898168
System ID:
AA00001218:00001


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103d Congress, 1st Session - - House Document 103-106


BLOCKING GOVERNMENT OF HAITI PROPERTY AND
PROHIBITING TRANSACTIONS WITH HAITI





MESSAGE

FROM


THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A COPY OF AN EXECUTIVE ORDER TAKING ADDITIONAL STEPS
WITH RESPECT TO THE ACTIONS AND POLICIES OF THE DE
FACTO REGIME IN HAITI AND THE NATIONAL EMERGENCY DE-
SCRIBED AND DECLARED IN EXECUTIVE ORDER NO. 12775, PUR-
SUANT TO 50 U.S.C. 1701 ET SEQ., AND 1601 ET SEQ., AND 22
U.S.C. 287c


JUNE 30, 1993.-Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed

U.S. GOVERNMENT PRINTING OFFICE
69-011 WASHINGTON : 1993











To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.), the National Emer-
gencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations
Participation Act of 1945 (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. 841 of June 16, 1993, and in order to take
additional steps with respect to the actions and policies of the de
facto regime in Haiti and the national emergency described and de-
clared in Executive Order No. 12775, I hereby report that I have
exercised my statutory authority with respect to Haiti and issued
an Executive order that:
-Blocks all property of any Haitian national providing substan-
tial financial or material contributions to the de facto regime
in Haiti, or doing substantial business with the de facto regime
in Haiti, as identified by the Secretary of the Treasury, that
is or comes within the United States or the possession or con-
trol of United States persons. The proposed order defines the
term "Haitian national" to mean a citizen of Haiti, wherever lo-
cated; an entity or body organized under the laws of Haiti; and
any other person, entity, or body located in Haiti and engaging
in the importation, storage, or distribution of products or com-
modities controlled by sanctions imposed on Haiti pursuant to
resolutions adopted either by the United Nations Security
Council or the Organization of American States, or otherwise
facilitating transactions inconsistent with those sanctions;
-Prohibits the sale or supply, by United States persons, or from
the United States, or using U.S.-registered vessels or aircraft,
of petroleum or petroleum products or arms and related mate-
riel of all types, including weapons and ammunition, military
vehicles and equipment, police equipment and spare parts for
the aforementioned, regardless of origin, to any person or en-
tity in Haiti or to any person or entity for the purpose of any
business carried on in or operated from Haiti, and any activi-
ties by United States persons or in the United States which
promote or are calculated to promote such sale or supply; and
-Prohibits the carriage on U.S.-registered vessels of petroleum
or petroleum products, or arms and related materiel of all
types, including weapons and ammunition, military vehicles
and equipment, police equipment and spare parts for the afore-
mentioned, regardless of origin, with entry into, or with the in-
tent to enter, the territory or territorial sea of Haiti.
I am enclosing a copy of the Executive order that I have issued.
The order was effective immediately.
The Secretary of the Treasury, in consultation with the Secretary
of State, is authorized to issue regulations implementing these pro-
hibitions.




2
United Nations Security Council Resolution No. 841, unani-
mously adopted on June 16, 1993, calls on all States to adopt cer-
tain measures which are included within those outlined above.
These measures are called for in recognition of the urgent need for
an early, comprehensive, and peaceful settlement of the crisis in
Haiti and in light of the failure of parties in Haiti to act construc-
tively to take steps necessary to begin the restoration of democracy.
The measures we are taking respond to the Security Council's
call. They demonstrate our commitment to remain at the forefront
of the international community's efforts to back up with sanctions
the negotiations process being sponsored by the United Nations
and the Organization of American States. These steps also dem-
onstrate unflinching support through our foreign policy of the re-
turn of democracy to Haiti.
WILLIAM J. CLINTON.
THE WHITE HOUSE, June 30, 1993.











[Executive Order]
BLOCKING GOVERNMENT OF HAITI PROPERTY AND PROHIBITING
TRANSACTIONS WITH HAITI
By the authority vested in me as President by the Constitution
and the laws of the United States of America, 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.), 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. 841 of
June 16, 1993, and in order to take additional steps with respect
to the actions and policies of the de facto regime in Haiti and the
national emergency described and declared in Executive Order No.
12775,
I, WILLIAM J. CLINTON, 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 obli-
gations 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 prop-
erty of the Government of Haiti and the de facto regime in Haiti,
or controlled directly or indirectly by the Government of Haiti or
the de facto regime in Haiti, or by entities, wherever located or or-
ganized, owned or controlled by the Government of Haiti or the de
facto regime in Haiti, that are in the United States, that hereafter
come within the possession or control of United States persons, in-
cluding their overseas branches, are blocked.
Sec. 2. Except to the extent provided in regulations, orders, direc-
tives, or licenses which may hereafter be issued pursuant to this
order, all property and interests in property of any Haitian na-
tional providing substantial financial or material contributions to
the de facto regime in Haiti, or doing substantial business with the
de facto regime in Haiti, as identified by the Secretary of the Treas-
ury, 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. 3. The following are prohibited, notwithstanding the exist-
ence of any rights or obligations conferred or imposed by any inter-
national 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:





4
(a) The sale or supply, by United States persons, or from the
United States, or using U.S.-registered vessels or aircraft, of
petroleum or petroleum products or arms and related materiel
of all types, including weapons and ammunition, military vehi-
cles and equipment, police equipment and spare parts for the
aforementioned, regardless of origin, to any person or entity in
Haiti or to any person or entity for the purpose of any business
carried on in or operated from Haiti, and nay activities by
United States persons or in the United States which promote
or are calculated to promote such sale or supply;
(b) The carriage on U.S.-registered vessels of petroleum or
petroleum products, or arms and related materiel of all types,
including weapons and ammunition, military vehicles and
equipment, police equipment and spare parts for the aforemen-
tioned, regardless of origin, with entry into, or with the intent
to enter, the territory or territorial sea of Haiti;
(c) Any transaction by any United States person that evades
or avoids, or has the purpose of evading or avoiding, or at-
tempts to violate, any of the prohibitions set forth in this
order.
Sec. 4. The exemption for exportation from the United States to
Haiti of rice, beans, sugar, wheat flour, and cooking oil in section
2(c)(iii) of Executive Order No. 12779 shall not apply to expor-
tations in which either the de facto regime in Haiti or any person
identified by the Secretary of the Treasury pursuant to section 2
of this order is a direct or indirect party.
Sec. 5. For the purposes of this order:
(a) The term "Haitian national" means a citizen of Haiti,
wherever located; an entity or body organized under the laws
of Haiti; and any other person, entity, or body located in Haiti
and engaging in the importation, storage, or distribution of
products or commodities controlled by sanctions imposed on
Haiti pursuant to resolutions adopted either by the United Na-
tions Security Council or the Organization of American States,
or otherwise facilitating transactions inconsistent with those
sanctions.
(b) The definitions contained in section 3 of Executive Order
No. 12779 apply to the terms used in this order.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, in-
cluding the promulgation of rules and regulations, 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 purpose of this order. Such actions may
include the prohibition or regulation of entry into the United States
of any vessel or aircraft which is determined to have been in viola-
tion of United Nations Security Council Resolution No. 841. 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 meas-
ures within their authority to carry out the provisions of this order,
including suspension or termination of licenses or other authoriza-
tions in effect as of the date of this order.





5
Sec. 7. Section 4 of Executive Order No. 12775 and sections 2(c)
and 4 of Executive Order No. 12779 are hereby revoked to the ex-
tent inconsistent with this order. Otherwise, the provisions of this
order supplement the provisions of Executive Order No. 12779.
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.
WILLIAM J. CLINTON.
THE WHITE HOUSE, June 30, 1993.

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