1998-05-05
Transmittal to Congress on National Emergency in Sudan
Office of the Press Secretary
________________________________________________________________________
For Immediate Release May 5, 1998
TO THE CONGRESS OF THE UNITED STATES:
I hereby report to the Congress on developments concerning the
national emergency with respect to Sudan that was declared in Executive
Order 13067 of November 3, 1997, and matters relating to the measures in
that order. This report is submitted pursuant to section 204(c) of the
International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c),
and section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c).
This report discusses only matters concerning the national emergency
with respect to Sudan that was declared in Executive Order 13067.
1. On November 3, 1997, I issued Executive Order 13067 (62 Fed.
Reg. 59989, November 5, 1997 -- the "Order") to declare a national
emergency with respect to Sudan pursuant to IEEPA. Copies of the Order
were provided to the Congress by message dated November 3, 1997.
The Order blocks all property and interests in property of the
Government of Sudan, its agencies, instrumentalities, and controlled
entities, including the Central Bank of Sudan, that are in the United
States, that hereafter come within the United States, or that are or
hereafter come within the possession or control of United States
persons, including their overseas branches. The Order also prohibits
(1) the importation into the United States of any goods or services of
Sudanese origin except for information or informational materials; (2)
the exportation or reexportation of goods, technology, or services to
Sudan or the Government of Sudan except for information or
informational materials and donations of humanitarian aid; (3) the
facilitation by a United States person of the exportation or
reexportation of goods, technology, or services to or from Sudan; (4)
the performance by any United States person of any contract, including a
financing contract, in support of an industrial, commercial, public
utility, or governmental project in Sudan; (5) the grant or extension of
credits or loans by any United States person to the Government of Sudan;
and (6) transactions relating to the transportation of cargo. The Order
also provided a 30-day delayed effective date for the completion of
certain trade transactions.
2. Executive Order 13067 became effective at 12:01 a.m., eastern
standard time on November 4, 1997. On December 2, 1997, the Department
of the Treasury's Office of Foreign Assets Control (OFAC) issued General
Notice No. 1, interpreting the delayed effective date for pre-November
4, 1997, trade contracts involving Sudan if the preexisting trade
contract was for (a) the exportation of goods, services, or technology
from the United States or a third country that was authorized under
applicable Federal regulations in force immediately prior to November 4,
1997, or (b) the reexportation of goods or technology that was
authorized under applicable Federal regulations in force immediately
prior to November 4, 1997. Such exports or reexports were authorized
until 12:01 a.m. eastern standard time, December 4, 1997, and
nonfinancing activity by United States persons incidental to the
performance of the pre-existing trade contract (such as the provision of
transportation or insurance) was authorized through 12:01 a.m. eastern
standard time, February 2, 1998. If the preexisting trade contract was
for the importation of goods or services of Sudanese origin or other
trade transactions relating to goods or services of Sudanese origin or
owned or controlled by the Government of Sudan, importations under the
preexisting trade contract were authorized until 12:01 a.m. eastern
standard time, December 4, 1997.
3. Since the issuance of Executive Order 13067, OFAC has made
numerous decisions with respect to applications for authorizations to
engage in transactions under the Sudanese sanctions. As of March 12,
1998, OFAC has issued 55 authorizations to nongovernmental
organizations engaged in the delivery of humanitarian aid and 77
licenses to others. OFAC has denied many requests for licenses. The
majority of denials were in response to requests to authorize commercial
exports to Sudan -- particularly of machinery and equipment for various
industries -- and the importation of Sudanese-origin goods. The
majority of licenses issued permitted the unblocking of financial
transactions for individual remitters who routed their funds through
blocked Sudanese banks. Other licenses authorized the completion of
diplomatic transfers, preeffective date trade transactions, and the
performance of certain legal services.
4. At the time of signing Executive Order 13067, I directed the
Secretary of the Treasury to block all property and interests in
property of persons determined, in consultation with the Secretary of
State, to be owned or controlled by, or to act for or on behalf of, the
Government of Sudan. On November 5, 1997, OFAC disseminated details of
this program to the financial, securities, and international trade
communities by both electronic and conventional media. This information
included the names of 62 entities owned or controlled by the Government
of Sudan. The list includes 12 financial institutions and 50 other
enterprises.
5. OFAC, in cooperation with the U.S. Customs Service, is closely
monitoring potential violations of the import prohibitions of the Order
by businesses and individuals. Various reports of violations are being
aggressively pursued.
6. The expenses incurred by the Federal Government in the 6-month
period from November 3, 1997, through May 2, 1998, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of a national emergency with respect to Sudan are reported
to be approximately $425,000, 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), the
Department of State (particularly the Bureaus of Economic and Business
Affairs, African Affairs, Near Eastern Affairs, Consular Affairs, and
the Office of the Legal Adviser), and the Department of Commerce (the
Bureau of Export Administration and the General Counsel's Office).
7. The situation in Sudan continues to present an extraordinary
and unusual threat to the national security and foreign policy of the
United States. The declaration of the national emergency with respect
to Sudan contained in Executive Order 13067 underscores the United
States Government opposition to the actions and policies of the
Government of Sudan, particularly its support of international
terrorism and its failure to respect basic human rights, including
freedom of religion. The prohibitions contained in Executive Order
13067 advance important objectives in promoting the antiterrorism and
human rights policies of the United States. I shall exercise the
powers at my disposal to deal with these problems and will continue to
report periodically to the Congress on significant developments.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 5, 1998.
# # #
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