Blocking Property of UNITA and ProhibitingCertain Transactions With Respect to UNITA
Signed August 18, 1998·William J. Clinton·63 FR 44771
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
Blocks all property and interests in property within the United States, or controlled by U.S. persons, belonging to UNITA (the National Union for the Total Independence of Angola), its armed forces (FALA), or designated senior officials and their immediate family members. Prohibits importing Angolan diamonds not certified through the Angolan government's Certificate of Origin system, and bars U.S. persons or U.S.-registered vessels and aircraft from supplying mining equipment, vehicles, watercraft, spare parts, or mining and transportation services to Angola except through designated entry points or government-controlled areas. Also bans transactions intended to evade these restrictions. Citing the International Emergency Economic Powers Act, the National Emergencies Act, the United Nations Participation Act, and related UN Security Council resolutions, the order builds on the national emergency declared in Executive Order 12865. It authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to designate affected individuals and areas, grant humanitarian exemptions, and issue implementing regulations, with other federal agencies directed to assist. The order took effect August 19, 1998.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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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 Resolutions 1173 of June 12, 1998, and 1176 of June 24, 1998, 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.
Disposition
See: EO 12865, September 26, 1993; Notice of September 22, 2000; Notice of September 24, 2001; Notice of September 23, 2002 (67 FR 60105) Revoked by: EO 13298, May 6, 2003
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13098 of August 18, 1998
Blocking Property of UNITA and ProhibitingCertain
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 Resolutions 1173 of June 12,
1998, and 1176 of June 24, 1998, 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 property and
interests in property 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, of UNITA, or of those senior
officials of UNITA, or adult members of their immediate
families, who are designated pursuant to section 5 of
this order, are hereby blocked.
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 direct or indirect importation into the
United States of all diamonds exported from Angola on
or after the effective date of this order that are not
controlled through the Certificate of Origin regime of
the Angolan Government of Unity and National
Reconciliation;
(b) the sale or supply by United States persons or
from the United States or using U.S.-registered vessels
or aircraft, of equipment used in mining, regardless of
origin, to the territory of Angola other than through a
point of entry designated pursuant to section 5 of this
order;
(c) the sale or supply by United States persons or
from the United States or using U.S.-registered vessels
or aircraft, of motorized vehicles, watercraft, or
spare parts for the foregoing, regardless of origin, to
the territory of Angola other than through a point of
entry designated pursuant to section 5 of this order;
and
(d) the sale or supply by United States persons or
from the United States or using U.S.-registered vessels
or aircraft, of mining services or ground or waterborne
transportation services, regardless of origin, to
persons in areas of Angola to which State
administration has not been extended, as designated
pursuant to section 5 of this order.
Sec. 3. Any transaction by a 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 is prohibited.
Sec. 4. 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);
(e) the term “controlled through the Certificate
of Origin regime of the Angolan Government of Unity and
National Reconciliation” means accompanied by any
documentation that demonstrates to the satisfaction of
the United States Customs Service that the diamonds
were legally exported from Angola with the approval of
the Angolan Government of Unity and National
Reconciliation.
Sec. 5. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including designating senior
officials of UNITA and adult members of their immediate
families for purposes of section 1 of this order,
designating points of entry in Angola and areas of
Angola to which State administration has not been
extended for purposes of section 2 of this order,
establishing exemptions from the prohibitions set forth
in this order for medical and humanitarian purposes,
and promulgating 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. 6. 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. 7. (a) This order is effective at 12:01 a.m.,
eastern daylight time on August 19, 1998.
(b) This order shall be transmitted to the Congress
and published in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
August 18, 1998.Reproduced from the Federal Register plain-text record, signed August 18, 1998. Typesetting artifacts are removed; no wording is changed.