Executive Order 12853

by President of the United States

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.), 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), and section 301 of title 3, United States Code, in view of United Nations Security Council Resolution No. 841 of June 16, 1993, and in order to take additional steps with respect to the actions and policies of the de facto regime in Haiti and the national emergency described and declared in Executive Order No. 12775,

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 which may hereafter be 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 before the effective date of this order, all property and interests in property of the Government of Haiti and the de facto regime in Haiti, or controlled directly or indirectly by the Government of Haiti or the de facto regime in Haiti, or by entities, wherever located or organized, owned or controlled by the Government of Haiti or the de facto regime in Haiti, 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, including their overseas branches, are blocked.

Sec. 2. Except to the extent provided in regulations, orders, directives, or licenses which may hereafter be issued pursuant to this order, all property and interests in property of any Haitian national providing substantial financial or material contributions to the de facto regime in Haiti, or doing substantial business with the de facto regime in Haiti, as identified by the Secretary of the Treasury, 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, including their overseas branches, are blocked.

Sec. 3. The following are prohibited, 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 before the effective date of this order, except to the extent provided in regulations, orders, directives, or licenses which may hereafter be issued pursuant to this order:

(a) The sale or supply, by United States persons, or from the United States, or using U.S.-registered vessels or aircraft, of petroleum or petroleum products or arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, police equipment and spare parts for the aforementioned, regardless of origin, to any person or entity in Haiti or to any person or entity for the purpose of any business carried on in or operated from Haiti, and any activities by United States persons or in the United States which promote or are calculated to promote such sale or supply;

(b) The carriage on U.S.-registered vessels of petroleum or petroleum products, or arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, police equipment and spare parts for the aforementioned, regardless of origin, with entry into, or with the intent to enter, the territory or territorial sea of Haiti;

(c) Any transaction by any 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.

Sec. 4. The exemption for exportation from the United States to Haiti of rice, beans, sugar, wheat flour, and cooking oil in section 2(c)(iii) of Executive Order No. 12779, shall not apply to exportations in which either the de facto regime in Haiti or any person identified by the Secretary of the Treasury pursuant to section 2 of this order is a direct or indirect party.

Sec. 5. For the purposes of this order:

(a) The term "Haitian national" means a citizen of Haiti, wherever located; an entity or body organized under the laws of Haiti; and any other person, entity, or body located in Haiti and engaging in the importation, storage, or distribution of products or commodities controlled by sanctions imposed on Haiti pursuant to resolutions adopted either by the United Nations Security Council or the Organization of American States, or otherwise facilitating transactions inconsistent with those sanctions.

(b) The definitions contained in section 3 of Executive Order No. 12779 apply to the terms used in this order.

Sec. 6. 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 the International Emergency Economic Powers Act and the United Nations Participation Act, as may be necessary to carry out the purpose of this order. Such actions may include the prohibition or regulation of entry into the United States of any vessel or aircraft which is determined to have been in violation of United Nations Security Council Resolution No. 841. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government, all agencies of which 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 date of this order.

Sec. 7. Section 4 of Executive Order No. 12775, and sections 2(c) and 4 of Executive Order No. 12779, are hereby revoked to the extent inconsistent with this order. Otherwise, the provisions of this order supplement the provisions of Executive Order No. 12779.

Sec. 8. 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. 9.

(a) This order is effective immediately.

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

William J. Clinton

The White House,

June 30, 1993.

[FR Doc. Filed]
Billing code 3195-01-P

Notes

Revokes (in part):

• Executive Order 12775, October 4, 1991
• Executive Order 12779, October 28, 1991

Revoked by:

• Executive Order 12917, May 21, 1994 (in part);
• Executive Order 12932, October 14, 1994

See Related:

• Executive Order 12872, October 18, 1993;
• Notice, September 30, 1993;
• Executive Order 12920, June 10, 1994;
• Executive Order 12922, June 21, 1994
• Notice, September 30, 1994;
• Final Rule ( 59 FR 51066 )