Prohibiting Certain Transactions With Respect to Haiti

Executive Order 12920 of June 10, 1994

Prohibiting Certain Transactions With Respect to
Haiti

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 (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of
the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3,
United States Code, and in order to take additional
steps with respect to the actions and policies of the
de facto regime in Haiti and the national emergency
described and declared in Executive Order No. 12775, it
is hereby ordered as follows:

Section 1. The following are prohibited, except to the
extent provided in regulations, orders, directives, or
licenses which may hereafter be issued pursuant to this
order, and notwithstanding the existence of any rights
or obligations conferred or imposed by any
international agreement or any contract entered into or
any license or permit granted before the effective date
of this order: (a) Any payment or transfer of funds or
other financial or investment assets or credits to
Haiti from or through the United States, or to or
through the United States from Haiti, except for:

(i) payments and transfers for the conduct of
activities in Haiti of the United States Government,
the United Nations, the Organization of American
States, or foreign diplomatic missions;

(ii) payments and transfers between the United States
and Haiti for the conduct of activities in Haiti of
nongovernmental organizations engaged in the provision
in Haiti of essential humanitarian assistance as
authorized by the Secretary of the Treasury;

(iii) payments and transfers from a United States
person to any close relative of the remitter or of the
remitter's spouse who is resident in Haiti, provided
that such payments do not exceed $50 per month to any
one household, and that neither the de facto regime in
Haiti nor any person designated by the Secretary of the
Treasury as a blocked individual or entity of Haiti is
a beneficiary of the remittance;

(iv) reasonable amounts of funds carried by travelers
to or from Haiti to cover their travel-related expense;
and

(v) payments and transfers incidental to shipments to
Haiti of food, medicine, medical supplies, and
informational materials exempt from the export
prohibitions of this order;

    (b) The sale, supply, or exportation by United
States persons or from the United States, or using
U.S.-registered vessels or aircraft, of any goods,
technology, or services, regardless of origin, to
Haiti, or for the purpose of any business carried on in
or operated from Haiti, or any activity by United
States persons or in the United States that promotes
such sale, supply, or exportation, other than the sale,
supply, or exportation of:

(i) informational materials, such as books and other
publications, needed for the free flow of information;
or

(ii) medicines and medical supplies, as authorized by
the Secretary of the Treasury, and rice, beans, sugar,
wheat flour, cooking oil, corn, corn flour, milk, and
edible tallow, provided that neither the de facto
regime in Haiti nor any person designated by the
Secretary of the Treasury as a blocked individual or
entity of Haiti is a direct or indirect party to the
transaction; or

(iii) donations of food, medicine, and medical supplies
intended to relieve human suffering; and

    (c) Any transaction by 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 this order.

Sec. 2. For the purposes of this order, the definitions
contained in section 3 of Executive Order No. 12779
apply to the terms used in this order.

Sec. 3. 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 me
by the International Emergency Economic Powers Act and
the United Nations Participation Act, 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, including suspension or
termination of licenses or other authorizations in
effect as of the effective date of this order.

Sec. 4. Nothing contained in this order shall create
any right or benefit, substantive or procedural,
enforceable by any party against the United States, its
agencies or instrumentalities, its officers or
employees, or any other person.

Sec. 5. (a) This order shall take effect at 11:59 a.m.,
eastern daylight time on June 10, 1994.

    (b) This order shall be transmitted to the Congress
and published in the Federal Register.

    (Presidential Sig.)>

THE WHITE HOUSE,

    June 10, 1994.