[Weekly Compilation of Presidential Documents Volume 39, Number 22 (Monday, June 2, 2003)]
[Pages 670-672]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13304--Termination of Emergencies With Respect to
Yugoslavia and Modification of Executive Order 13219 of June 26, 2001
May 28, 2003
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, as amended (50 U.S.C. 1701 et seq.)
(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA),
section 5 of the United Nations Participation Act of 1945, as amended
(22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code,
I, George W. Bush, President of the United States of America, have
determined that the situations that gave rise to the declarations of
national emergencies in Executive Order 12808 of May 30, 1992, and
Executive Order 13088 of June 9, 1998, with respect to the former
Socialist Federal Republic of Yugoslavia, have been significantly
altered by the peaceful transition to democracy and other positive
developments in Serbia and Montenegro (formerly the Federal Republic of
Yugoslavia (Serbia and Montenegro)). Accordingly, I hereby terminate the
national emergencies declared in those orders and revoke those and all
related orders (Executive Orders 12810 of June 5, 1992, 12831 of January
15, 1993, 12846 of April 25, 1993, 12934 of October 25, 1994, 13121 of
April 30, 1999, and 13192 of January 17, 2001). At the same time, and in
order to take additional steps with respect to continuing, widespread,
and illicit actions that obstruct implementation of the Ohrid Framework
Agreement of 2001, relating to Macedonia, United Nations Security
Council Resolution 1244 of June 10, 1999, relating to Kosovo, or the
Dayton Accords or the Conclusions of the Peace Implementation Conference
Council held in London on December 8-9, 1995, including the decisions or
conclusions of the High Representative, the Peace Implementation Council
or its Steering Board, relating to Bosnia and Herzegovina, including the
harboring of individuals indicted by the International Criminal Tribunal
for the former Yugoslavia, and the national emergency described and
declared in Executive Order 13219 of June 26, 2001, I hereby order:
Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622),
termination of the national emergencies declared in Executive Order
12808 of May 30, 1992, and Executive Order 13088 of June 9, 1998, shall
not affect any action taken or proceeding pending not finally concluded
or determined as of the effective date of this order, or any action or
proceeding based on any act committed prior to such date, or any rights
or duties that matured or penalties that were incurred prior to such
date. Pursuant to section 207 of IEEPA (50 U.S.C. 1706), I hereby
determine that the continuation of prohibitions with regard to
transactions involving any property blocked pursuant to Executive Orders
12808 or 13088 that continues to be blocked as of the effective date of
this order is necessary on account of claims involving successor states
to the former Socialist Federal Republic of Yugoslavia or other
potential claimants.
Sec. 2. The Annex to Executive Order 13219 of June 26, 2001, is
replaced and superseded in its entirety by the Annex to this order.
Sec. 3. (a) Section 1(a) and 1(b) of Executive Order 13219 are
revised to read as follows:
``Section 1. (a) Except to the extent provided in section 203(b)(1),
(3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and the
Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX,
Public
[[Page 671]]
Law 106-387), and in regulations, orders, directives, or licenses that
may hereafter be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to the
effective date of this order, all property and interests in property of:
(i) the persons listed in the Annex to this order; and
(ii) persons designated by the Secretary of the Treasury, in
consultation with the Secretary of State, because they are determined:
(A) to be under open indictment by the International Criminal
Tribunal for the former Yugoslavia, unless circumstances warrant
otherwise, or
(B) to have committed, or to pose a significant risk of
committing, acts of violence that have the purpose or effect of
threatening the peace in or diminishing the stability or security
of any area or state in the Western Balkans region, undermining
the authority, efforts, or objectives of international
organizations or entities present in the region, or endangering
the safety of persons participating in or providing support to the
activities of those international organizations or entities, or
(C) to have actively obstructed, or pose a significant risk of
actively obstructing, the Ohrid Framework Agreement of 2001
relating to Macedonia, United Nations Security Council Resolution
1244 relating to Kosovo, or the Dayton Accords or the Conclusions
of the Peace Implementation Conference held in London on December
8-9, 1995, including the decisions or conclusions of the High
Representative, the Peace Implementation Council or its Steering
Board, relating to Bosnia and Herzegovina, or
(D) to have materially assisted in, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, such acts of violence or obstructionism or
any person listed in or designated pursuant to this order, or
(E) to be owned or controlled by, or acting or purporting to act
directly or indirectly for or on behalf of, any person listed in
or designated pursuant to this order, that are or hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons, are blocked and
may not be transferred, paid, exported, withdrawn, or otherwise
dealt in.
(b) I hereby determine that the making of donations of the type
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by or to
persons determined to be subject to the sanctions imposed under this
order would seriously impair the ability to deal with the national
emergency declared in this order, and hereby prohibit such donations as
provided in paragraph (a) of this section.''
Sec. 4. New sections 7 and 8 are added to Executive Order 13219 to
read as follows:
``Sec. 7. For those persons listed in the Annex to this order or
determined to be subject to the sanctions imposed under this order who
might have a constitutional presence in the United States, I have
determined that, because of the ability to transfer funds or assets
instantaneously, prior notice to such persons of measures to be taken
pursuant to this order would render these measures ineffectual. I
therefore determine that for these measures to be effective in
addressing the national emergency declared in this order, there need be
no prior notice of a listing or determination made pursuant to this
order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to determine, subsequent to the
issuance of this order, that circumstances no longer warrant inclusion
of a person in the Annex to this order and that such person is therefore
no longer covered within the scope of the sanctions set forth herein.
Such a determination shall become effective upon publication in the
Federal Register.''
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 the President by IEEPA and UNPA, as may be necessary to carry
out the purposes of this
[[Page 672]]
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 appropriate measures within their authority to
carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
Sec. 6. Nothing contained in this order shall create any right or
benefit or privilege, substantive or procedural, enforceable at law or
in equity by any party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
Sec. 7. This order is effective at 12:01 a.m. eastern daylight time
on May 29, 2003. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush
The White House,
May 28, 2003.
[Filed with the Office of the Federal Register, 12:48 p.m., May 28,
2003]
Note: This Executive order was released by the Office of the Press
Secretary on May 29, and it was published in the Federal Register on May
29.