CSMS Message: 92-000019

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : YUGOSLAV EMBARGO

DATE : 06/19/92

2160112
JUNE 8, 1992

RES-1-CO:T:I:OA LW

CATEGORY: RES

TO: ALL DEPUTY ASSISTANT REGIONAL COMMISSIONERS/REGIONAL
DIRECTORS (COMMERCIAL OPERATIONS), DISTRICT, AREA AND PORT
DIRECTORS OF CUSTOMS

FROM: DIRECTOR, OFFICE OF TRADE OPERATINS

RE: YUGOSLAV (SERBIA AND MONTENEGRO) IMPORT AND EXPORT SANCTIONS
(SUPPLEMENT #2 TO EMAIL MESSAGE 2154112 OF 6/2/92)

PASS TO: ALL REGIONAL PROGRAM MANAGERS, NATIONAL IMPORT
SPECIALISTS, IMPORT SPECIALISTS, FP AND F OFFICERS, OAS,
NATIONAL COORDINATOR FOR ENTRY SUMMARY SELECTIVITY,
ENTRY OFFICERS AND INSPECTORS AND OTHER INTERESTED
PARTIES SUCH AS IMPORTER TRADE ASSOCIATIONS AND BROKER
ASSOCIATIONS

WE REFER TO OUR PREVIOUS EMAIL MESSAGE 2154112 OF 6/2/92
RELATING TO IMPORT AND EXPORT SANCTIONS AGAINST YUGOSLAVIA (ONLY
SERBIA AND MONTENEGRO). PURSUANT TO A NEW PRESIDENTIAL EXECUTIVE
ORDER (EXECUTIVE ORDER 12810, DATED JUNE 5, 1992), THE PRESIDENT
HAS NOW SIGNIFICANTLY EXPANDED THESE SANCTIONS. THE FOLLOWING IS
AN EXACT QUOTE FROM THIS NEW EXECUTIVE ORDER FOR INFORMATIONAL
PURPOSES WITH SOME SPECIFIC OPERATIONAL PROCEDURES CITED UNDER
"ACTION" THEREAFTER.

"EXECUTIVE ORDER
12810

BLOCKING PROPERTY OF AND PROHIBITING TRANSACTIONS
WITH 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.), THE NATIONAL EMERGENCIES ACT (50 U.S.C.
1601, ET SEQ.), SECTION 1114 OF THE FEDERAL AVIATION ACT OF 1958,
AS AMENDED (49 U.S.C. APP. 1514), SECTION 5 OF THE UNITED NATIONS
PARTICIPATION ACT OF 1945, AS AMENDED (22 U.S.C. 287C), AND
SECTION 301 OF TITLE 3 OF THE UNITED STATES CODE, IN VIEW OF
UNITED NATIONS SECURITY COUNCIL RESOLUTION NO. 757 OF MAY 30,
1992, AND IN ORDER TO TAKE ADDITIONAL STEPS WITH RESPECT TO THE
ACTIONS AND POLICIES OF THE FEDERAL REPUBLIC OF YUGOSLAVIA
(SERBIA AND MONTENEGRO) AND THE NATIONAL EMERGENCY DESCRIBED AND
DECLARED IN EXECUTIVE ORDER NO. 12808,

I, GEORGE BUSH, 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 THE FEDERAL REPUBLIC
OF YUGOSLAVIA (SERBIA AND MONTENEGRO), AND PROPERTY AND INTERESTS
IN PROPERTY HELD IN THE NAME OF THE GOVERNMENT OF THE FEDERAL
REPUBLIC OF YUGOSLAVIA OR OF THE FORMER GOVERNMENT OF THE
SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA, 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. 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 IMPORTATION INTO THE UNITED STATES OF ANY GOODS
ORIGINATING IN, OR SERVICES PERFORMED IN, THE FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND MONTENEGRO), EXPORTED FROM THE FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AFTER MAY 30,
1992, OR ANY ACTIVITY THAT PROMOTES OR IS INTENDED TO PROMOTE
SUCH IMPORTATION;

(B) THE EXPORTATION TO THE FEDERAL REPUBLIC OF YUGOSLAVIA
(SERBIA AND MONTENEGRO), OR TO ANY ENTITY OPERATED FROM THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO), OR OWNED
OR CONTROLLED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND MONTENEGRO), DIRECTLY OR INDIRECTLY, OF
ANY GOODS, TECHNOLOGY (INCLUDING TECHNICAL DATA OR OTHER
INFORMATION CONTROLLED FOR EXPORT PURSUANT TO THE EXPORT
ADMINISTRATION REGULATIONS, 15 C.F.R. PARTS 768, ET SEQ.), OR
SERVICES, EITHER (I) FROM THE UNITED STATES, (II) REQUIRING THE
ISSUANCE OF A LICENSE BY A FEDERAL AGENCY, OR (III) INVOLVING THE
USE OF U.S.-REGISTERED VESSELS OR AIRCRAFT, OR ANY ACTIVITY THAT
PROMOTES OR IS INTENDED TO PROMOTE SUCH EXPORTATION;

(C) ANY DEALING BY A UNITED STATES PERSON RELATED TO
PROPERTY ORIGINATING IN THE FEDERAL REPUBLIC OF YUGOSLAVIA
(SERBIA AND MONTENEGRO) EXPORTED FROM THE FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND MONTENEGRO) AFTER MAY 30, 1992, OR
PROPERTY INTENDED FOR EXPORTATION FROM THE FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND MONTENEGRO) TO ANY COUNTRY, OR EXPORTATION
TO THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
FROM ANY COUNTRY, OR ANY ACTIVITY OF ANY KIND THAT PROMOTES OR IS
INTENDED TO PROMOTE SUCH DEALING;

(D) ANY TRANSACTION BY A UNITED STATES PERSON, OR INVOLVING
THE USE OF U.S.-REGISTERED VESSELS AND AIRCRAFT, RELATING TO
TRANSPORTATION TO OR FROM THE FEDERAL REPUBLIC OF YUGOSLAVIA
(SERBIA AND MONTENEGRO), THE PROVISION OF TRANSPORTATION TO OR
FROM THE UNITED STATES BY ANY PERSON IN THE FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND MONTENEGRO) OR ANY VESSEL OR AIRCRAFT
REGISTERED IN THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO), OR THE SALE IN THE UNITED STATES BY ANY PERSON
HOLDING AUTHORITY UNDER THE FEDERAL AVIATION ACT OF 1958, AS
AMENDED (49 U.S.C. 1301, ET SEQ.), OF ANY TRANSPORTATION BY AIR
THAT INCLUDES ANY STOP IN THE FEDERAL REPUBLIC OF YUGOSLAVIA
(SERBIA AND MONTGENEGRO);

(E) THE GRANTING OF PERMISSION TO ANY AIRCRAFT TO TAKE OFF
FROM, LAND IN, OR OVERFLY THE UNITED STATES, IF THE AIRCRAFT, AS
PART OF THE SAME FLIGHT OR AS A CONTINUATION OF THAT FLIGHT, IS
DESTINED TO LAND IN OR HAS TAKEN OFF FROM THE TERRITORY OF THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO);

(F) THE PERFORMANCE BY ANY UNITED STATES PERSON OF ANY
CONTRACT, INCLUDING A FINANCING CONTRACT, IN SUPPORT OF AN
INDUSTRIAL, COMMERCIAL, PUBLIC UTILITY, OR GOVERNMENTAL PROJECT
IN THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO);

(G) ANY COMMITMENT OR TRANSFER, DIRECT OR INDIRECT, OF
FUNDS, OR OTHER FINANCIAL OR ECONOMIC RESOURCES BY ANY UNITED
STATES PERSON TO OR FOR THE BENEFIT OF THE GOVERNMENT OF THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) OR ANY
OTHER PERSON IN THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO);

(H) ANY TRANSACTION IN THE UNITED STATES OR BY A UNITED
STATES PERSON RELATED TO PARTICIPATION IN SPORTING EVENTS IN THE
UNITED STATES BY PERSONS OR GROUPS REPRESENTING THE FEDERAL
REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO);

(I) ANY TRANSACTION IN THE UNITED STATES OR BY A UNITED
STATES PERSON RELATED TO SCIENTIFIC AND TECHNICAL COOPERATION AND
CULTURAL EXCHANGES INVOLVING PERSONS OR GROUPS OFFICIALLY
SPONSORED BY OR REPRESENTING THE FEDERAL REPUBLIC OF YUGOSLAVIA
(SERBIA AND MONTENEGRO), OR RELATED TO VISITS TO THE UNITED
STATES BY SUCH PERSONS OR GROUPS OTHER THAN AS AUTHORIZED FOR THE
PURPOSE OF PARTICIPATION AT THE UNITED NATIONS.

SEC. 3. NOTHING IN THIS ORDER SHALL APPLY TO (I) THE
TRANSSHIPMENT THROUGH THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA
AND MONTENEGRO) OF COMMODITIES AND PRODUCTS ORIGINATING OUTSIDE
THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) AND
TEMPORARILY PRESENT IN THE TERRITORY OF THE FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND MONTENEGRO) ONLY FOR THE PURPOSE OF SUCH
TRRANSSHIPMENT, AND (II) ACTIVITIES RELATED TO THE UNITED
NATIONS PROTECTION FORCE (UNPROFOR), THE CONFERENCE ON
YUGOSLAVIA, OR THE EUROPEAN COMMUNITY MONITOR MISSION.

SEC. 4. 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 IS PROHIBITED.

SEC. 5. FOR THE PURPOSES OF THIS ORDER:

(A) THE TERM "UNITED STATES PERSON" MEANS ANY UNITED STATES
CITIZEN, PERMANENT RESIDENT ALIEN, JURIDICAL PERSON ORGANIZED
UNDER THE LAWS OF THE UNITED STATES (INCLUDING FOREIGN BRANCHES),
OR ANY PERSON IN THE UNITED STATES, AND VESSELS AND AIRCRAFT OF
U.S. REGISTRATION;

(B) THE TERM "THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO)" MEANS THE TERRITORY OF SERBIA AND MONTENEGRO;

(C) THE TERM "THE GOVERNMENT OF THE FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND MONTENEGRO)" INCLUDES THE GOVERNMENT OF
THE NEWLY CONSTITUTED FEDERAL REPUBLIC OF YUGOSLAVIA, THE
GOVERNMENT OF SERBIA, AND THE GOVERNMENT OF MONTENEGRO, INCLUDING
ANY SUBDIVISIONS THEREOF OR LOCAL GOVERNMENTS THEREIN, THEIR
RESPECTIVE AGENCIES, INSTRUMENTALITIES AND CONTROLLED ENTITIES,
AND ANY PERSONS ACTING OR PURPORTING TO ACT FOR OR ON BEHALF OF
ANY OF THE FOREGOING, INCLUDING THE NATIONAL BANK OF YUGOSLAVIA,
THE YUGOSLAV NATIONAL ARMY, AND THE YUGOSLAV CHAMBER OF ECONOMY,
THE NATIONAL BANK OF SERBIA, THE SERBIAN CHAMBER OF ECONOMY, THE
NATIONAL BANK OF MONTENEGRO, AND THE MONTENEGRIN CHAMBER OF
ECONOMY.

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 THE PRESIDENT BY THE
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT AND THE UNITED
NATIONS PARTICIPATION ACT, AS MAY BE NECESSARY TO CARRY OUT THE
PURPOSES OF THIS ORDER. SUCH ACTIONS MAY INCLUDE PROHIBITING OR
REGULATING PAYMENTS OR TRANSFERS OF ANY PROPERTY, OR ANY
TRANSACTIONS INVOLVING THE TRANSFER OF ANYTHING OF ECONOMIC
VALUE, BY ANY UNITED STATES PERSON TO THE GOVERNMENT OF THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO), ANY
PERSON IN THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO), OR ANY PERSON OR ENTITY ACTING FOR OR ON BEHALF OF,
OR OWNED OR CONTROLLED, DIRECTLY OR INDIRECTLY, BY ANY OF THE
FOREGOING. 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. ALL DELEGATIONS, RULES, REGULATIONS, ORDERS,
LICENSES, AND OTHER FORMS OF ADMINISTRATIVE ACTION MADE, ISSUED,
OR OTHERWISE TAKEN UNDER EXECUTIVE ORDER NO. 12808 AND NOT
REVOKED ADMINISTRATIVELY SHALL REMAIN IN FULL FORCE AND EFFECT
UNDER THIS ORDER UNTIL AMENDED, MODIFIED, OR TERMINATED BY PROPER
AUTHORITY.

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 INSTRUMEN-
TALITIES, 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.

GEORGE BUSH

THE WHITE HOUSE,
JUNE 5, 1992"
(SIGNED AT 12:20 P.M. EASTERN
DAYLIGHT TIME JUNE 5, 1992)

ACTIONS:

1. IMPORT PROHIBITIONS

- IMPORTATION OF GOODS OF YUGOSLAV ORIGIN (ONLY SERBIA
AND MONTENEGRO) WHICH WERE EXPORTED THEREFROM ON OR
AFTER 12:01 A.M., EASTERN DAYLIGHT TIME, MAY 31, 1992,
IS PROHIBITED.

- PROHIBITED IMPORTATIONS OF YUGOSLAV ORIGIN (ONLY SERBIA
AND MONTENEGRO) SHOULD NOW BE SEIZED, NOT DETAINED.
THEREAFTER, THE NORMAL TRADE EMBARGO PROCEDURES WITH
RESPECT TO PETITIONS AND SPECIFIC LICENSE REQUESTS
SHOULD BE FOLLOWED.

- THESE IMPORT PROHIBITION PROCEDURES SUPERSEDE THOSE
SENT TO FIELD OFFICES IN EMAIL MESSAGE 2154112 OF
6/2/92.

2. EXPORT PROHIBITIONS

- THE EXPORT PROHIBITIONS NOTED IN SECTION 2(B) OF
PRESIDENTIAL EXECUTIVE ORDER 12810 QUOTED HEREIN ARE
EFFECTIVE IMMEDIATELY.

3. LEGAL AUTHORITY FOR SEIZURE OF IMPORTATIONS SUBJECT TO
YUGOSLAV (SERBIA AND MONTENEGRO) TRADE EMBARGO

- LEGAL AUTHORITY TO CITE FOR SEIZURE OF IMPORTED
YUGOSLAV (ONLY SERBIA AND MONTENEGRO) GOODS SHOULD BE
19 U.S.C. 1595A(C) FOR VIOLATION OF PRESIDENTIAL
EXECUTIVE ORDER 12810.

4. INQUIRIES ABOUT THE YUGOSLAV (ONLY SERBIA AND MONTENEGRO)
TRADE EMBARGO

- CUSTOMS IMPORT INQUIRIES CONCERNING THIS MATTER SHOULD
BE DIRECTED TO CUSTOMS HQ., OFFICE OF TRADE OPERATIONS,
OTHER AGENCY BRANCH, AT FTS 566-8651 OR OFFICE OF
INSPECTION AND CONTROL AT FTS 566-5354. CUSTOMS EXPORT
QUESTIONS SHOULD BE DIRECTED TO THE EXODUS COMMAND
CENTER, CUSTOMS HQ., AT FTS 566-9464.

- IMPORTER/BROKER/PUBLIC INQUIRIES SHOULD BE DIRECTED TO:

OFFICE OF FOREIGN ASSETS CONTROL
DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220

OR

BY TELEPHONE OR FAX TO:

JOHN T. ROTH
OFFICE OF FOREIGN ASSETS CONTROL
DEPARTMENT OF THE TREASURY
(PHONE: (202) 622-2500; FAX: (202) 622-1657)

C.L. BRAINARD

Referenced By

CSMS #92-000072