Prohibiting Certain Transactions With Respect to UNITA
Signed December 12, 1997·William J. Clinton·62 FR 65989
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Invoking the International Emergency Economic Powers Act and the national emergency declared in Executive Order 12865 regarding Angola, the order responds to United Nations Security Council resolutions by imposing restrictions related to UNITA, the National Union for the Total Independence of Angola. It requires all UNITA offices in the United States to close immediately, and bars U.S. persons or U.S.-based transactions from supplying aircraft or aircraft parts to UNITA or to unauthorized points in Angola, from servicing or insuring UNITA-controlled aircraft, and from allowing flights connected to unauthorized Angolan locations to use U.S. airspace or airports. It also bans transactions designed to evade these prohibitions. The order defines UNITA to include its armed forces, FALA, and affiliated groups such as the Center for Democracy in Angola. It authorizes the Secretary of the Treasury, with the Secretary of State, to designate approved entry points and aircraft, permit humanitarian and medical flights, and issue implementing regulations. The order took effect December 15, 1997.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
Claimed authority
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.) (IEEPA), 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)(UNPA), and section 301 of title 3, United States Code, in view of United Nations Security Council Resolution 1127 of August 28, 1997, and 1130 of September 29, 1997, and in order to take additional steps with respect to the actions and policies of the National Union for the Total Independence of Angola (UNITA) and the national emergency declared in Executive Order 12865
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13069 of December 12, 1997
Prohibiting Certain Transactions With Respect to
UNITA
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.) (IEEPA), 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)(UNPA), and section
301 of title 3, United States Code, in view of United
Nations Security Council Resolution 1127 of August 28,
1997, and 1130 of September 29, 1997, and in order to
take additional steps with respect to the actions and
policies of the National Union for the Total
Independence of Angola (UNITA) and the national
emergency declared in Executive Order 12865, I, WILLIAM
J. CLINTON, President of the United States of America,
hereby order:
Section 1. Except to the extent provided in
regulations, orders, directives, or licenses 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 prior to
the effective date of this order, all UNITA offices
located in the United States shall be immediately and
completely closed.
Sec. 2. Except to the extent provided in regulations,
orders, directives, or licenses 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 prior to the effective
date of this order, the following are prohibited:
(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; or
(ii) to the territory of Angola other than through
a point of entry specified pursuant to section 4 of
this order;
(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 one specified pursuant to section 4 of this
order;
(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
existing 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 pursuant to section 4 of this order; or
(ii) any aircraft that entered the territory of
Angola other than through a point of entry specified
pursuant to section 4 of this order;
(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.
Sec. 3. For the purposes of this order:
(a) the term “person” means an individual or
entity;
(b) the term “entity” means a partnership,
association, trust, joint venture, corporation, or
other organization;
(c) the term “United States person” means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States
(including foreign branches), or any person in the
United States;
(d) the term “UNITA” includes:
(i) the Uniao Nacional para a Independencia Total
de Angola (UNITA), known in English as the “National
Union for the Total Independence of Angola;”
(ii) the Forcas Armadas para a Liberacao de Angola
(FALA), known in English as the “Armed Forces for the
Liberation of Angola;” and
(iii) any person acting or purporting to act for or
on behalf of any of the foregoing, including the Center
for Democracy in Angola (CEDA).
Sec. 4. The Secretary of the Treasury, in consultation
with the Secretary of State and, as appropriate, other
agencies, is hereby authorized to take such actions,
including the specification of places, points of entry,
and aircraft registered in Angola for purposes of
section 2(a), (c), and (d) of this order, the
authorization in appropriate cases of medical emergency
flights or flights of aircraft carrying food, medicine,
or supplies for essential humanitarian needs, and the
promulgation 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, including
suspension or termination of licenses or other
authorizations in effect as of the effective date of
this order.
Sec. 5. 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. 6. (a) This order is effective at 12:01 a.m.
eastern standard time on December 15, 1997.
(b) This order shall be transmitted to the Congress
and published in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
December 12, 1997.Reproduced from the Federal Register plain-text record, signed December 12, 1997. Typesetting artifacts are removed; no wording is changed.