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THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release March 23, 1998
TO THE CONGRESS OF THE UNITED STATES:
I hereby report to the Congress on the developments since my last
report of September 24, 1997, concerning the national emergency with
respect to Angola that was declared in Executive Order 12865 of
September 26, 1993. This report is submitted pursuant to section 401(c)
of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c)
of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c).
On September 26, 1993, I declared a national emergency with
respect to the National Union for the Total Independence of Angola
("UNITA"), invoking the authority, inter alia, of the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the United
Nations Participation Act of 1945 (22 U.S.C. 287c). Consistent with
United Nations Security Council Resolution ("UNSCR") 864, dated
September 15, 1993, the order prohibited the sale or supply by United
States persons or from the United States, or using U.S.-registered
vessels or aircraft, of arms and related materiel of all types,
including weapons and ammunition, military vehicles, equipment and
spare parts, and petroleum and petroleum products to the territory of
Angola other than through designated points of entry. The order also
prohibited such sale or supply to UNITA. United States persons are
prohibited from activities that promote or are calculated to promote
such sales or supplies, or from attempted violations, or from evasion
or avoidance or transactions that have the purpose of evasion or
avoidance, of the stated prohibitions. The order authorized the
Secretary of the Treasury, in consultation with the Secretary of State,
to take such actions, including the promulgation of rules and
regulations, as might be necessary to carry out the purposes of the
order.
1. On December 10, 1993, the Department of the Treasury's Office
of Foreign Assets Control (OFAC) issued the UNITA (Angola) Sanctions
Regulations (the "Regulations") (58 Fed. Reg. 64904) to implement the
imposition of sanctions against UNITA. The Regulations prohibit the
sale or supply by United States persons or from the United States, or
using U.S.-registered vessels or aircraft, of arms and related materiel
of all types, including weapons and ammunition, military vehicles,
equipment and spare parts, and petroleum and petroleum products to
UNITA or to the territory of Angola other than through designated
points. United States persons are also prohibited from activities that
promote or are calculated to promote such sales or supplies to UNITA or
Angola, or from any transaction by any 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 the Executive
order. Also prohibited are transactions by United States persons, or
involving the use of U.S.-registered vessels or aircraft, relating to
transportation to Angola or UNITA of goods the exportation of which is
prohibited.
The Government of Angola has designated the following points of
entry as points in Angola to which the articles otherwise prohibited by
the Regulations may be shipped: Airports: Luanda and Katumbela,
Benguela Province; Ports: Luanda and Lobito, Benguela Province; and
Namibe, Namibe Province; and Entry Points: Malongo, Cabinda Province.
Although no specific license is required by the Department of the
Treasury for shipments to these designated points of entry (unless the
item is destined for UNITA), any such exports remain subject to the
licensing requirements of the Departments of State and/or Commerce.
2. On August 28, 1997, the United Nations Security Council
adopted UNSCR 1127, expressing its grave concern at the serious
difficulties in the peace process, demanding that the Government of
Angola and in particular UNITA comply fully and completely with those
obligations, and imposing additional sanctions against UNITA.
Subsequently, the Security Council adopted UNSCR 1130 postponing the
effective date of measures specified by UNSCR 1127 until 12:01 a.m.,
eastern standard time, October 30, 1997, at which time they went into
effect.
On December 12, 1997, I issued Executive Order 13069 to implement
in the United States the provisions of UNSCRs 1127 and 1130 (62 Fed.
Reg. 65989, December 16, 1997). Executive Order 13069 prohibits (a)
the sale, supply, or making available in any form, by United States
persons or from the United States or using U.S.-registered vessels or
aircraft, of any aircraft or aircraft components, regardless of origin;
(i) to UNITA; (ii) to the territory of Angola other than through a
specified point of entry; (b) the insurance, engineering, or servicing
by United States persons or from the United States of any aircraft
owned or controlled by UNITA; (c) the granting of permission to any
aircraft to take off from, land in, or overfly the United States if
the aircraft, as part of the same flight or as a continuation of that
flight, is destined to land in or has taken off from a place in the
territory of Angola other than a specified point of entry; (d) the
provision or making available by United States persons or from the
United States of engineering and maintenance servicing, the
certification of airworthiness, the payment of new claims against
exiting insurance contracts, or the provision, renewal, or making
available of direct insurance with respect to (i) any aircraft
registered in Angola other than those specified by the Secretary of the
Treasury, in consultation with the Secretary of State, and other
appropriate agencies; (ii) any aircraft that entered the territory of
Angola other than through a specified point of entry; (e) any
transaction by any United States person or within the United States
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.
Specific licenses may be issued on a case-by-case basis authorizing,
as appropriate, medical emergency flights or flights of aircraft
carrying food, medicine, or supplies for essential humanitarian needs.
Executive Order 13069 became effective at 12:01 a.m., eastern standard
time, December 15, 1997.
There have been no amendments to the Regulations since my report of
September 24, 1997.
3. On December 31, 1997, OFAC issued an order to the Center for
Democracy in Angola ("CEDA" or "CDA") to immediately close its offices
in the United States as required by Executive Order 13069. The CEDA
responded that it had closed its only U.S. office, located in Washington,
D.C., in compliance with Executive Order 13069.
The OFAC has worked closely with the U.S. financial and exporting
communities to assure a heightened awareness of the sanctions against
UNITA -- through the dissemination of publications, seminars, and a
variety of media, including via the Internet, Fax-on-Demand, special
fliers, and computer bulletin board information initiated by OFAC and
posted through the U.S. Department of Commerce and the U.S. Government
Printing Office. There have been no license applications under the
program since my last report.
4. The expenses incurred by the Federal Government in the 6-month
period from September 26, 1997, through March 25, 1998, that are
directly attributable to the exercise of powers and authorities
conferred by the declaration of a national emergency with respect to
UNITA are about $80,000, most of which represent wage and salary costs
for Federal personnel. Personnel costs were largely centered in the
Department of the Treasury (particularly in the Office of Foreign
Assets Control, the U.S. Customs Service, the Office of the Under
Secretary for Enforcement, and the Office of the General Counsel) and
the Department of State (particularly the Office of Southern African
Affairs).
I will continue to report periodically to the Congress on
significant developments, pursuant to 50 U.S.C. 1703(c).
WILLIAM J. CLINTON
THE WHITE HOUSE,
March 23, 1998.
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