Further measures to tighten the embargo against Haiti

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Title:
Further measures to tighten the embargo against Haiti message from the President of the United States, transmitting further additional steps to enhance the implementation of the international embargo against Haiti and to conform to United Nations Security Council resolution 917, pursuant to 50 U.S.C. 1703(c) and 1601 et seq
Series Title:
House document / 103d Congress, 2d session ;
Physical Description:
1 online resource (4 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:
Sanctions (International law)   ( lcsh )
Embargo   ( lcsh )
Economic sanctions, American -- Haiti   ( lcsh )
Sanctions (droit international)   ( ram )
Embargo   ( ram )
Sanctions économiques américaines -- Haïti   ( 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 10, 1994."

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 - 682898379
System ID:
AA00001228:00001


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103d Congress, 2d Session - - House Document 103-271


FURTHER MEASURES TO TIGHTEN
THE EMBARGO AGAINST HAITI






MESSAGE

FROM


THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

FURTHER ADDITIONAL STEPS TO ENHANCE THE IMPLEMENTA-
TION OF THE INTERNATIONAL EMBARGO AGAINST HAITI AND
TO CONFORM TO UNITED NATIONS SECURITY COUNCIL RESO-
LUTION 917, PURSUANT TO 50 U.S.C. 1703(c) AND 1601 ET SEQ.


JUNE 10, 1994.-Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed


U.S. GOVERNMENT PRINTING OFFICE
79-011 WASHINGTON : 1994











To the Congress of the United States:
On October 4, 1991, pursuant to the International Emergency
Economic Powers Act ("IEEPA") (50 U.S.C. 1701 et seq.) and sec-
tion 301 of the National Emergencies Act ("NEA") (50 U.S.C. 1601
et seq.), President Bush exercised his statutory authority to issue
Executive Order No. 12775 of October 4, 1991, declaring a national
emergency and blocking Haitian government property.
On October 28, 1991, pursuant to the above authorities, Presi-
dent Bush exercised his statutory authority to issue Executive
Order No. 12779 of October 28, 1991, blocking property of and pro-
hibiting transactions with Haiti.
On June 30, 1993, pursuant to the above authorities, as well as
the United Nations Participation Act of 1945, as amended
("UNPA") (22 U.S.C. 287c), I exercised my statutory authority to
issue Executive Order No. 12853 of June 30, 1993, to impose addi-
tional economic measures with respect to Haiti. This latter action
was taken, in part, to ensure that the economic measures taken by
the United States with respect to Haiti would fulfill its obligations
under United Nations Security Council Resolution 841 of June 16,
1993.
On October 18, 1993, pursuant to the IEEPA and the NEA, I
again exercised my statutory authority to issue Executive Order
No. 12872 of October 18, 1993, blocking property of various persons
with respect to Haiti.
On May 6, 1994, the United Nations Security Council adopted
Resolution 917, calling on Member States to take additional meas-
ures to tighten the embargo against Haiti. On May 7, 1994, pursu-
ant to the above authorities, I exercised my statutory authority to
issue Executive Order No. 12914 of May 7, 1994, to impose addi-
tional economic measures with respect to Haiti. On May 21, 1994,
pursuant to the above authorities, I exercised my statutory author-
ity to issue Executive Order No. 12917 of May 21, 1994, to impose
economic measures required by Resolution 917. These latter actions
were taken, in part, to ensure that the economic measures taken
by the United States with respect to Haiti would fulfill its obliga-
tions under the provisions of United Nations Security Council Reso-
lution 917.
On June 10, 1994, pursuant to the above authorities, I exercised
my statutory authority to issue Executive Order No. 12920 of June
10, 1994, prohibiting additional transactions with Haiti.
This new Executive order:
-prohibits payment or transfer of funds or other assets to Haiti
from or through the United States or to or through the United
States from Haiti, with exceptions for activities of the United
States Government, the United Nations, the Organization of
American States, or foreign diplomatic missions, certain pay-
ments related to humanitarian assistance in Haiti, limited






family remittances, funds for travel-related expenses, and pay-
ments incidental to exempt shipments of food, medicine, medi-
cal supplies, and informational materials;
-prohibits the sale, supply, or exportation by United States per-
sons or from the United States, or using U.S.-registered vessels
or aircraft, of any goods, technology, or services to Haiti or in
connection with Haitian businesses, or activities by United
States persons or in the United States that promote such sale,
supply, or exportation, except for the sale, supply, or expor-
tation of informational materials, certain foodstuffs, and medi-
cines and medical supplies;
-prohibits any transaction that evades or avoids or has the pur-
pose of evading or avoiding, or attempts to violate, any of the
prohibitions of this order; and
-authorizes the Secretary of the Treasury, in consultation with
the Secretary of State, to issue regulations implementing the
provisions of the Executive order.
The new Executive order is necessary to tighten the embargo
against Haiti with the goal of the restoration of democracy in that
nation and the prompt return of the legitimately elected President,
Jean-Bertrand Aristide, under the framework of the Governors Is-
land Agreement.
I am providing this notice to the Congress pursuant to section
204(b) of the IEEPA (50 U.S.C. 1703(b)) and section 301 of the
NEA (50 U.S.C. 1631). I am enclosing a copy of the Executive order
that I have issued.
WILLIAM J. CLINTON.
THE WHITE HOUSE, June 10, 1994.











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 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, United States Code, 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, it is hereby
ordered as follows:
Section 1. The following are prohibited, except to the extent pro-
vided in regulations, orders, directives, or licenses which may here-
after be issued pursuant to this order, and notwithstanding the ex-
istence of any rights or obligations 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: (a) Any
payment or transfer of funds or other financial or investment as-
sets or credits to Haiti from or through the United States, or to or
through the United States from Haiti, except for:
(i) payments and transfers for the conduct of activities in
Haiti of the United States Government, the United Nations,
the Organization of American States, or foreign diplomatic mis-
sions;
(ii) payments and transfers between the United States and
Haiti for the conduct of activities in Haiti of nongovernmental
organizations engaged in the provision in Haiti of essential hu-
manitarian assistance as authorized by the Secretary of the
Treasury;
(iii) payments and transfers from a United States person to
any close relative of the remitter or of the remitter's spouse
who is resident in Haiti, provided that such payments do not
exceed $50 per month to any one household, and that neither
the de facto regime in Haiti nor any person designated by the
Secretary of the Treasury as a blocked individual or entity of
Haiti is a beneficiary of the remittance;
(iv) reasonable amounts of funds carried by travelers to or
from Haiti to cover their travel-related expense; and
(v) payments and transfers incidental to shipments to Haiti
of food, medicine, medical supplies, and informational mate-
rials exempt from the export prohibitions of this order;
(b) The sale, supply, or exportation by United States persons or
from the United States, or using U.S.-registered vessels or aircraft,
of any goods, technology, or services, regardless of origin, to Haiti,







or for the purpose of any business carried on in or operated from
Haiti, or any activity by United States persons or in the United
States that promotes such sale, supply, or exportation, other than
the sale, supply, or exportation of:
(i) informational materials, such as books and other publica-
tions, needed for the free flow of information; or
(ii) medicines and medical supplies, as authorized by the Sec-
retary of the Treasury, and rice, beans, sugar, wheat flour,
cooking oil, corn, corn flour, milk, and edible tallow, provided
that neither the de facto regime in Haiti nor any person des-
ignated by the Secretary of the Treasury as a blocked individ-
ual or entity of Haiti is a direct or indirect party to the trans-
action; or
(iii) donations of food, medicine, and medical supplies in-
tended to relieve human suffering; and
(c) Any transaction by United States persons that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order.
Sec. 2. For the purposes of this order, the definitions contained
in section 3 of Executive Order No. 12779 apply to the terms used
in this order.
Sec. 3. 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 purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other officers
and agencies of the United States Government. All agencies of the
United States Government are hereby directed to take all appro-
priate 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 effective date of this order.
Sec. 4. 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. 5.
(a) This order shall take effect at 11:59 a.m., eastern daylight
time on June 10, 1994.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
WILLIAM J. CLINTON.
THE WHITE HOUSE, June 10, 1994.