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(b), 50 U.S.C. 1631
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 22, 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 - 682901753
System ID:
AA00001230:00001


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103d Congress, 2d Session - - House Document 103-275


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(b) 50 U.S.C. 1631


JUNE 22, 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, 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, blocking certain property of and prohibiting cer-
taii transactions with Haiti.
On June 30, 1993, pursuant to above authorities, as well as the
United Nations Participation Act of 1945, as amended ("UNPA"), (2
U.S.C. 287c), I exercised my statutory authority to issue Executive
Order No. 12853, to impose additional economic measures with re-
spect 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, blocking property of various persons with respect to
Haiti.
On May 6, 1994, the United Nations Security Council adopted
Resolution 917, calling on States to take additional measures to
tighten the embargo against Haiti. On May 7, 1994, pursuant to
the above authorities, I exercised my statutory authority to issue
Executive Order No. 12914, to impose additional economic meas-
ures with respect to Haiti. On May 21, 1994, pursuant to the above
authorities, I exercised my statutory authority to issue Executive
Order No. 12917, to impose those economic measures required by
Resolution 917 that became effective May 21, 1994. These latter ac-
tions were taken, in part, to ensure that the economic measures
taken by the United States with respect to Haiti would fulfill its
obligations under the provisions of United Nations Security Council
Resolution 917.
On June 10, 1994, pursuant to the above authorities, I exercised
my statutory authority to issue Executive Order No. 12920, prohib-
iting additional transactions with Haiti.
On June 21, 1994, pursuant to the above authorities, I exercised
my statutory authority to issue Executive Order No. 12922.
This new Executive order:
-blocks all property in the United States, or within the posses-
sion or control of United States persons, of any Haitian na-
tional resident in Haiti, or any other person subject to the
blocking provisions of Executive Order Nos. 12775, 12779,
12853, 12872, or 12914 or a Haitian citizen who is a member







of the immediate family of such a person, as identified by the
Secretary of the Treasury; and makes limited exceptions for
certain payments and transfers, and for the property of non-
governmental organizations engaged in the provision of essen-
tial humanitarian assistance or the conduct of refugee and mi-
gration operations in Haiti, that are identified by the Secretary
of the Treasury;
-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 the order; and
-authorizes the Secretary of the Treasury, in consultation with
the Secretary of State, to issue regulations implementing the
provisions of the 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 21, 1994.











EXECUTIVE ORDER


BLOCKING PROPERTY OF CERTAIN HAITIAN NATIONALS
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. Except to the extent provided in regulations, orders,
directives, or licenses that may hereafter be issued pursuant to this
order, all property and interests in property of:
(a) any Haitian national resident in Haiti; or
(b) any other person subject to the blocking provisions of Ex-
ecutive Order Nos. 12775, 12779, 12853, 12872, or 12914 and
Haitian citizens who are members of the immediate family of
any such person, as identified by the Secretary of the Treas-
ury;
that are in the United States, that hereafter come within the Unit-
ed States, or that are or hereafter come within the possession or
control of United States persons, including their overseas branches,
are blocked. This section shall not apply to property of nongovern-
mental organizations engaged in the provision of essential humani-
tarian assistance in Haiti or in the conduct of refugee and migra-
tion operations in Haiti, as identified by the Secretary of the Treas-
ury. Payments and transfers previously authorized by Executive
Order No. 12920 of June 10, 1994, may continue to be made in a
manner directed by the Secretary of the Treasury.
Sec. 2. Any transaction by a United States person 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 is prohibited.
Sec. 3. For the purposes of this order:
(a) The term "Haitian national" means a citizen of Haiti or an
entity organized under the laws of Haiti.
(b) The definitions contained in section 3 of Executive Order No.
12779 apply to the terms used in this order.
Sec. 4. 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





4

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. 5. 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. 6.
(a) This order shall take effect at 10:09 p.m., eastern daylight
time on June 21, 1994.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
WILLIAM J. CLINTON.
THE WHITE HOUSE, June 21, 1994.

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