EXECUTIVE
ORDER
EO 13304
Effective Date: May 29, 2003

Responsible Office: Office of Policy Coordination and International Relations
Subject: Termination of Emergencies with Respect to Yugoslavia and Modification of EO 13219 of June 26, 2001

 Termination of Emergencies With Respect to
                Yugoslavia and Modification of Executive Order 13219 of
                June 26, 2001

                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, as amended (50 U.S.C. 1701 et seq.)
                (IEEPA), the National Emergencies Act (50 U.S.C. 1601
                et seq.) (NEA), 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,

                I, GEORGE W. BUSH, President of the United States of
                America, have determined that the situations that gave
                rise to the declarations of national emergencies in
                Executive Order 12808 of May 30, 1992, and Executive
                Order 13088 of June 9, 1998, with respect to the former
                Socialist Federal Republic of Yugoslavia, have been
                significantly altered by the peaceful transition to
                democracy and other positive developments in Serbia and
                Montenegro (formerly the Federal Republic of Yugoslavia
                (Serbia and Montenegro)). Accordingly, I hereby
                terminate the national emergencies declared in those
                orders and revoke those and all related orders
                (Executive Orders 12810 of June 5, 1992, 12831 of
                January 15, 1993, 12846 of April 25, 1993, 12934 of
                October 25, 1994, 13121 of April 30, 1999, and 13192 of
                January 17, 2001). At the same time, and in order to
                take additional steps with respect to continuing,
                widespread, and illicit actions that obstruct
                implementation of the Ohrid Framework Agreement of
                2001, relating to Macedonia, United Nations Security
                Council Resolution 1244 of June 10, 1999, relating to
                Kosovo, or the Dayton Accords or the Conclusions of the
                Peace Implementation Conference Council held in London
                on December 8-9, 1995, including the decisions or
                conclusions of the High Representative, the Peace
                Implementation Council or its Steering Board, relating
                to Bosnia and Herzegovina, including the harboring of
                individuals indicted by the International Criminal
                Tribunal for the former Yugoslavia, and the national
                emergency described and declared in Executive Order
                13219 of June 26, 2001, I hereby order:

                Section 1. Pursuant to section 202 of the NEA (50
                U.S.C. 1622), termination of the national emergencies
                declared in Executive Order 12808 of May 30, 1992, and
                Executive Order 13088 of June 9, 1998, shall not affect
                any action taken or proceeding pending not finally
                concluded or determined as of the effective date of
                this order, or any action or proceeding based on any
                act committed prior to such date, or any rights or
                duties that matured or penalties that were incurred
                prior to such date. Pursuant to section 207 of IEEPA
                (50 U.S.C. 1706), I hereby determine that the
                continuation of prohibitions with regard to
                transactions involving any property blocked pursuant to
                Executive Orders 12808 or 13088 that continues to be
                blocked as of the effective date of this order is
                necessary on account of claims involving successor
                states to the former Socialist Federal Republic of
                Yugoslavia or other potential claimants.

                Sec. 2. The Annex to Executive Order 13219 of June 26,
                2001, is replaced and superseded in its entirety by the
                Annex to this order.

                Sec. 3. (a) Section 1(a) and 1(b) of Executive Order
                13219 are revised to read as follows:

                ``Section 1. (a) Except to the extent provided in
                section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C.
                1702(b)(1), (3), and (4)), and the Trade Sanctions
                Reform and Export Enhancement Act of 2000 (Title IX,
                Public Law 106-

[[Page 32316]]

                387), 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 of this order, all property and interests in
                property of:

                    (i) the persons listed in the Annex to this order;
                and
                    (ii) persons designated by the Secretary of the
                Treasury, in consultation with the Secretary of State,
                because they are determined:
                    (A) to be under open indictment by the
                International Criminal Tribunal for the former
                Yugoslavia, unless circumstances warrant otherwise, or
                    (B) to have committed, or to pose a significant
                risk of committing, acts of violence that have the
                purpose or effect of threatening the peace in or
                diminishing the stability or security of any area or
                state in the Western Balkans region, undermining the
                authority, efforts, or objectives of international
                organizations or entities present in the region, or
                endangering the safety of persons participating in or
                providing support to the activities of those
                international organizations or entities, or
                    (C) to have actively obstructed, or pose a
                significant risk of actively obstructing, the Ohrid
                Framework Agreement of 2001 relating to Macedonia,
                United Nations Security Council Resolution 1244
                relating to Kosovo, or the Dayton Accords or the
                Conclusions of the Peace Implementation Conference held
                in London on December 8-9, 1995, including the
                decisions or conclusions of the High Representative,
                the Peace Implementation Council or its Steering Board,
                relating to Bosnia and Herzegovina, or
                    (D) to have materially assisted in, sponsored, or
                provided financial, material, or technological support
                for, or goods or services in support of, such acts of
                violence or obstructionism or any person listed in or
                designated pursuant to this order, or
                    (E) to be owned or controlled by, or acting or
                purporting to act directly or indirectly for or on
                behalf of, any person listed in or designated pursuant
                to this order, that are or hereafter come within the
                United States, or that are or hereafter come within the
                possession or control of United States persons, are
                blocked and may not be transferred, paid, exported,
                withdrawn, or otherwise dealt in.
                    (b) I hereby determine that the making of donations
                of the type specified in section 203(b)(2) of IEEPA (50
                U.S.C. 1702(b)(2)) by or to persons determined to be
                subject to the sanctions imposed under this order would
                seriously impair the ability to deal with the national
                emergency declared in this order, and hereby prohibit
                such donations as provided in paragraph (a) of this
                section.''

                Sec. 4. New sections 7 and 8 are added to Executive
                Order 13219 to read as follows:

                ``Sec. 7. For those persons listed in the Annex to this
                order or determined to be subject to the sanctions
                imposed under this order who might have a
                constitutional presence in the United States, I have
                determined that, because of the ability to transfer
                funds or assets instantaneously, prior notice to such
                persons of measures to be taken pursuant to this order
                would render these measures ineffectual. I therefore
                determine that for these measures to be effective in
                addressing the national emergency declared in this
                order, there need be no prior notice of a listing or
                determination made pursuant to this order.

                Sec. 8. The Secretary of the Treasury, in consultation
                with the Secretary of State, is authorized to
                determine, subsequent to the issuance of this order,
                that circumstances no longer warrant inclusion of a
                person in the Annex to this order and that such person
                is therefore no longer covered within the scope of the
                sanctions set forth herein. Such a determination shall
                become effective upon publication in the Federal
                Register.''

                Sec. 5. The Secretary of the Treasury, in consultation
                with the Secretary of State, is hereby authorized to
                take such actions, including the promulgation

[[Page 32317]]

                of 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 and, where appropriate, to
                advise the Secretary of the Treasury in a timely manner
                of the measures taken.

                Sec. 6. Nothing contained in this order shall create
                any right or benefit or privilege, substantive or
                procedural, enforceable at law or in equity by any
                party against the United States, its agencies or
                instrumentalities, its officers or employees, or any
                other person.

                Sec. 7. This order is effective at 12:01 a.m. eastern
                daylight time on May 29, 2003. This order shall be
                transmitted to the Congress and published in the
                Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    May 28, 2003.

		

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