Lifting and Modifying Measures With Respect to the Federal Republic of Yugoslavia (Serbia and Montenegro)

Executive Order 13192 of January 17, 2001

Lifting and Modifying Measures With Respect to
the Federal Republic of Yugoslavia (Serbia and
Montenegro)

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
l945, as amended (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code, and in view of
United Nations Security Council Resolution 827 of May
25, 1993 (UNSCR 827), and subsequent resolutions,

I, WILLIAM J. CLINTON, President of the United States
of America, found in Executive Order 13088 of June 9,
1998, that the actions and policies of the Governments
of the Federal Republic of Yugoslavia (Serbia and
Montenegro) (the “FRY (S&M)”) and the Republic of
Serbia with respect to Kosovo, by promoting ethnic
conflict and human suffering, threatened to destabilize
countries of the region and to disrupt progress in
Bosnia and Herzegovina in implementing the Dayton peace
agreement, and therefore constituted an unusual and
extraordinary threat to the national security and
foreign policy of the United States. I declared a
national emergency to deal with that threat and ordered
that economic sanctions be imposed with respect to
those governments. I issued Executive Order 13121 of
April 30, 1999, in response to the continuing human
rights and humanitarian crises in Kosovo. That order
revised and substantially expanded the sanctions
imposed pursuant to Executive Order 13088.

In view of the peaceful democratic transition begun by
President Vojislav Kostunica and other newly elected
leaders in the FRY (S&M), the promulgation of UNSCR 827
and subsequent resolutions calling for all states to
cooperate fully with the International Criminal
Tribunal for the former Yugoslavia, the illegitimate
control over FRY (S&M) political institutions and
economic resources or enterprises exercised by former
President Slobodan Milosevic, his close associates and
other persons, and those individuals' capacity to
repress democracy or perpetrate or promote further
human rights abuses, and in order to take steps to
counter the continuing threat to regional stability and
implementation of the Dayton peace agreement and to
address the national emergency described and declared
in Executive Order 13088, I hereby order:

Section 1. Amendments to Executive Order 13088. (a)
Section 1 of Executive Order 13088 of June 9, 1998, as
revised by section 1(a) of Executive Order 13121 of
April 30, l999, is revised to read as follows:

“Section 1. (a) Except to the extent provided in
section 203(b) of IEEPA (50 U.5.C. 1702(b)), and in
regulations, orders, directives, or licenses that may
hereafter be issued pursuant to this order, and
notwithstanding any contract entered into or any
license or permit granted prior to the effective date,
I hereby order blocked all property and interests in
property that are or hereafter come within the United
States or that are or hereafter come within the
possession or control of United States persons, of:

 (i) any person listed in the Annex to this order; and

 (ii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State:

 (A) to be under open indictment by the International
Criminal Tribunal for the former Yugoslavia, subject to
applicable laws and procedures;

 (B) to have sought, or to be seeking, through
repressive measures or otherwise, to maintain or
reestablish illegitimate control over the political
processes or institutions or the economic resources

 or enterprises of the Federal Republic of Yugoslavia,
the Republic of Serbia, the Republic of Montenegro, or
the territory of Kosovo;

 (C) to have provided material support or resources to
any person designated in or pursuant to section 1(a) of
this order; or

 (D) to be owned or controlled by or acting or
purporting to act directly or indirectly for or on
behalf of any person designated in or pursuant to
section 1(a) of this order.

 (b) All property and interests in property blocked
pursuant to this order prior to 12:01 a.m., eastern
standard time, on January 19, 2001, shall remain
blocked except as otherwise authorized by the Secretary
of the Treasury.”

    (b) Section 2 of Executive Order 13088, as replaced
by section 1(b) of Executive Order 13121, is revoked
and a new section 2 is added to read as follows:

“Sec. 2. Further, except to the extent provided in
section 203(b) of IEEPA (50 U.S.C. 1702(b)), and in
regulations, orders, directives, or licenses that may
hereafter be issued pursuant to this order, and
notwithstanding any contract entered into or any
license or permit granted prior to the effective date,
I hereby prohibit any transaction or dealing by a
United States person or within the United States in
property or interests in property of any person
designated in or pursuant to section 1(a) of this
order.”

    (c) Section 3 of Executive Order 13088 is revoked.
    (d) Section 4 of Executive Order 13088, as revised
by section 1(c) of Executive Order 13121, is renumbered
and revised to read as follows:

“Sec. 3. Any transaction by a United States person
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. Any conspiracy
formed to violate the prohibitions of this order is
prohibited.”

    (e) Section 5 of Executive Order 13088 is
renumbered and revised to read as follows:

“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; and
    (c) The term “United States person” means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United
States.”
    (f) Section 6 of Executive Order 13088 is
renumbered and revised to read as follows:

“Sec. 5. 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 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 statutory authority to carry out
the provisions of this order.”

    (g) A new section 6 is added to Executive Order
13088 to read as follows:

“Sec. 6. The Secretary of the Treasury, in
consultation with the Secretary of State, is hereby
authorized to remove any person from the Annex to this
order as circumstances warrant.”

    (h) Section 7 of Executive Order 13088, as revised
by section 1(d) of Executive Order 13121, is revoked.

Sec. 2. Preservation of Authorities. Nothing in this
order is intended to affect the continued effectiveness
of any rules, regulations, orders, licenses, or other
forms of administrative action issued, taken, or
continued in effect heretofore or hereafter under
Executive Order 13088, Executive Order 13121, or the
authority of IEEPA or UNPA, except as hereafter
terminated, modified, or suspended by the issuing
Federal agency.

Sec. 3. No Rights or Privileges Conferred. This order
is not intended to create, nor does it create, any
right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the
United States, its agencies, officers, or any other
person.

Sec. 4. (a) Effective Date. This order is effective at
12:01 a.m. eastern standard time on January 19, 2001.

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

    (Presidential Sig.)

THE WHITE HOUSE,

     January 17, 2001.