Blocking Property of UNITA and ProhibitingCertain Transactions With Respect to UNITA Documents
Blocking Property of UNITA and ProhibitingCertain Transactions With Respect to UNITA



Federal Register, Volume 63 Issue 161 (Thursday, August 20, 1998)

[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Presidential Documents]
[Pages 44771-44772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 98-22595]
[[Page 44769]]
_______________________________________________________________________
Part III
The President
_______________________________________________________________________
Executive Order 13098--Blocking Property of UNITA and Prohibiting
Certain Transactions With Respect to UNITA
                        Presidential Documents
Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 44771]]
                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,
[[Page 44772]]
                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.
[FR Doc. 98-22595
Filed 8-19-98; 11:39 am]
Billing code 3195-01-P