98-22595. Blocking Property of UNITA and ProhibitingCertain Transactions With Respect to UNITA  

  • [Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
    [Presidential Documents]
    [Pages 44771-44772]
    From the Federal Register Online via the Government Publishing 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
    
    
    

Document Information

Published:
08/20/1998
Department:
Executive Office of the President
Entry Type:
Presidential Document
Document Type:
Executive Order
Document Number:
98-22595
Pages:
44771-44772 (2 pages)
EOCitation:
E.O. 13098 of 1998-08-18
EONotes:
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
PDF File:
98-22595.pdf