[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFRMay27]
Notice of May 27, 2002
Continuation of Emergency With Respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro)
In accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the
national emergency declared on May 30, 1992, with respect to
the Federal Republic of Yugoslavia (Ser- bia and Montenegro)
(the ``FRY (S&M)''), as expanded on October 25, 1994, in
response to the actions and policies of the Bosnian Serbs. In
addition,
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I am continuing for 1 year the national emergency declared on
June 9, 1998, with respect to the FRY (S&M)'s policies and
actions in Kosovo. This notice shall be published in the
Federal eister and transmitted to the
Congress.
On May 30, 1992, by Executive Order 12808, President Bush
declared a national emergency to deal with the unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States constituted by the actions
and policies of the Governments of Serbia and Montenegro.
Under this emergency, President Bush first blocked all
property and interests in property of the Governments of the
FRY (S&M), Serbia, and Montenegro and subsequently prohibited
trade and other transactions with the FRY (S&M).
On October 25, 1994, President Clinton expanded the scope of
the national emergency by issuing Executive Order 12934 to
address the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
posed by the actions and policies of the Bosnian Serb forces
and the authorities in the territory that they controlled
within Bosnia and Herzegovina.
On December 27, 1995, President Clinton issued Presidential
Determination 96-7, directing the Secretary of the Treasury,
inter alia, to suspend the application of sanctions imposed on
the FRY (S&M) pursuant to the above-referenced Executive
Orders and to continue to block property previously blocked
until provision is made to address claims or encumbrances,
including the claims of the other successor states of the
former Yugoslavia. This sanctions relief, in conformity with
United Nations Security Council Resolution 1022 of November
22, 1995, was an essential factor motivating the FRY (S&M)'s
acceptance of a peace agreement initialed by the parties in
Dayton on November 21, 1995, and signed in Paris on December
14, 1995 (hereinafter the ``Peace Agreement''). Sanctions
against both the FRY (S&M) and the Bosnian Serb forces were
terminated in conjunction with United Nations Security Council
Resolution 1074 of October 1, 1996. This termination, however,
did not end a requirement that those blocked funds and assets
that are subject to claims or encumbrances remain blocked,
until unblocked in accordance with applicable law.
Until the status of all remaining blocked property is
resolved, the Peace Agreement implemented, and the terms of
the United Nations Security Council Resolution 1022 met, the
national emergency declared on May 30, 1992, and the measures
adopted pursuant thereto to deal with that emergency, must
continue beyond May 30, 2002.
On June 9, 1998, by Executive Order 13088, President Clinton
found that the actions and policies of the FRY (S&M) and the
Republic of Serbia with respect to Kosovo, constituted an
unusual and extraordinary threat to the national security and
foreign policy of the United States. President Clinton
therefore declared a national emergency to deal with that
threat.
On January 17, 2001, President Clinton issued Executive Order
13192 amending Executive Order 13088 to lift and modify, with
respect to future transactions, most of the economic sanctions
imposed against the FRY (S&M). At the same time, Executive
Order 13192 imposes restrictions on transactions with certain
persons described in section 1(a) of the order, namely persons
under open indictment for war crimes by the International
Criminal Tribunal for the Former Yugoslavia (ICTY). It also
provides for the
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continued blocking of property or interests in property
blocked prior to the order's effective date due to the need to
address claims or encumbrances involving such property.
Because the crisis with respect to the situation in Kosovo and
with respect to Slobodan Milosevic, his close associates and
supporters and persons under open indictment for war crimes by
the ICTY has not been resolved, and because the status of all
previously blocked property has yet to be resolved, I have
determined that the national emergency declared on June 9,
1998, and the measures adopted pursuant thereto to deal with
that emergency, must continue beyond June 9, 2002.
GEORGE W. BUSH
THE WHITE HOUSE,
May 27, 2002.