Presidential DocumentExecutive Order 1330403-13694
Termination of Emergencies With Respect to Yugoslavia and Modification of Executive Order 13219 of June 26, 2001
Primary source
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Published
May 29, 2003
Signed
May 28, 2003
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 68 Issue 103 (Thursday, May 29, 2003)</title>
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[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Presidential Documents]
[Pages 32315-32322]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 03-13694]
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Part VI
The President
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Executive Order 13304--Termination of Emergencies With Respect to
Yugoslavia and Modification of Executive Order 13219 of June 26, 2001
Presidential Documents
Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Executive Order 13304 of May 28, 2003
Termination of Emergencies With Respect to
Yugoslavia and Modification of Executive Order 13219 of
June 26, 2001
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 Law 106-
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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
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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 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.
(Presidential Sig.)B
THE WHITE HOUSE,
May 28, 2003.
Billing code 3195-01-P
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[FR Doc. 03-13694 Filed 5-28-03; 12:48 pm]
Billing Code 4810-25-C
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