CSMS Message: 94-000577

TO : ALL ABI BROKERS.

FROM : ROLAND BERNIER

SUBJECT : SAN-HAITI EXEC ORDER

DATE : 06/14/94

4165071
JUNE 14, 1994

CATEGORY: RES CO:TO:TF:TA WW

TO : REGIONAL DIRECTORS FOR COMMERCIAL OPERATIONS, DISTRICT,
AREA AND PORT DIRECTORS

FROM : DIRECTOR, OFFICE OF TRADE OPERATIONS

PASS TO: IMPORT SPECIALISTS, INSPECTORS, F P F OFFICERS, ENTRY
OFFICERS, OTHER INTERESTED CUSTOMS PERSONNEL, BROKERS,
IMPORTERS, AND ANY OTHER INTERESTED PERSONS.

SUBJECT: HAITIAN SANCTIONS-EXECUTIVE ORDER 12917 DATED MAY 21,
1994. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO HAITI

THE FOLLOWING IS EXECUTIVE ORDER 12917 OF MAY 21, 1994, AS
NOTED IN FEDERAL REGISTER, VOL. 59, NO. 99, TUESDAY MAY 24, 1994
PAGE 26925-26:

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 917 OF MAY 6, 1994, 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, IT IS HEREBY ORDERED AS FOLLOWS:

SECTION 1. THE FOLLOWING ARE PROHIBITED, 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:

(A)THE IMPORTATION INTO THE UNITED STATES OF ANY GOODS
(OTHER THAN INFORMATIONAL MATERIALS, INCLUDING BOOKS AND OTHER
PUBLICATIONS, NEEDED FOR THE FREE FLOW OF INFORMATION)
ORIGINATING IN HAITI, OR OF ANY SERVICES PERFORMED IN HAITI, THAT
ARE EXPORTED FROM HAITI AFTER MAY 21, 1994; OR ANY ACTIVITY BY
UNITED STATES PERSONS OR IN THE UNITED STATES THAT PROMOTES OR IS
INTENDED TO PROMOTE SUCH IMPORTATION;

(B)ANY ACTIVITY BY UNITED STATES PERSONS OR IN THE UNITED
STATES THAT PROMOTES THE EXPORTATION OR TRANSSHIPMENT OF ANY
GOODS (OTHER THAN INFORMATIONAL MATERIALS, SUCH AS BOOKS AND
OTHER PUBLICATIONS, NEEDED FOR THE FREE FLOW OF INFORMATION)
ORIGINATING IN HAITI THAT ARE EXPORTED FROM HAITI AFTER MAY 21,
1994;

(C)ANY DEALING BY UNITED STATES PERSONS OR IN THE UNITED
STATES, OR USING U.S.-REGISTERED VESSELS OR AIRCRAFT, IN ANY
GOODS (OTHER THAN INFORMATIONAL MATERIALS, SUCH AS BOOKS AND
OTHER PUBLICATIONS, NEEDED FOR THE FREE FLOW OF INFORMATION)
ORIGINATING IN HAITI THAT ARE EXPORTED FROM HAITI AFTER MAY 21,
1994;

(D)THE SALE, SUPPLY,, OR EXPORTATION BY UNITED STATES
PERSONS OR FROM THE UNITED STATES, OR USING U.S.-REGISTERED
VESSELS OR AIRCRAFT, OF ANY GOODS, REGARDLESS OF ORIGIN, TO
HAITI, OR FOR THE PURPOSE OF ANY BUSINESS CARRIED ON IN OR
OPERATED FROM HAITI, OR ANY ACTIVITY BY UNITED STATES PERSONS OR
IN THE UNITED STATES THAT PROMOTES SUCH SALE, SUPPLY, OR
EXPORTATION, OTHER THAN THE SALE, SUPPLY, OR EXPORTATION OF:

(I) INFORMATIONAL MATERIAL, SUCH AS BOOKS AND OTHER
PUBLICATIONS, NEEDED FOR THE FREE FLOW OF INFORMATION; OR

(II) MEDICINES AND MEDICAL SUPPLIES, AS AUTHORIZED BY
THE SECRETARY OF THE TREASURY, AND RICE, BEANS, SUGAR, WHEAT
FLOUR, COOKING OIL, CORN, CORN FLOUR, MILK, AND EDIBLE
TALLOW, PROVIDED THAT NEITHER THE DE FACTO REGIME IN HAITI
NOR ANY PERSON DESIGNATED BY THE SECRETARY OF THE TREASURY
AS A BLOCKED INDIVIDUAL OR ENTITY OF HAITI IS A DIRECT OR
INDIRECT PARTY TO THE TRANSACTION; OR

(E) ANY TRANSACTION BY 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.

SECTION 2. FOR THE PURPOSE OF THIS ORDER, THE DEFINITIONS
CONTAINED IN SECTION 3 OF EXECUTIVE ORDER NO. 12779 APPLY TO THE
TERMS USED IN THIS ORDER.

SECTION 3. 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 PURPOSES OF THIS ORDER. THE
SECRETARY OF THE TREASURY MAY REDELEGATE ANY OF THESE FUNCTION 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 DATE OF
THIS ORDER.

SECTION 4. SECTION 2(C) OF EXECUTIVE ORDER NO. 12779 AND SECTION
4 OF EXECUTIVE ORDER NO. 12853 ARE HEREBY REVOKED TO THE EXTENT
INCONSISTENT WITH THIS ORDER. THE REVOCATION SHALL APPLY ONLY TO
ACTIONS TAKEN AFTER THE EFFECTIVE DATE OF THIS ORDER, AND SHALL
NOT ALTER THE APPLICABILITY TO ANY VIOLATION THAT OCCURRED BEFORE
THE EFFECTIVE DATE OF THIS ORDER OF ANY RULE, REGULATION, ORDER,
LICENSE, OR OTHER FORM OF ADMINISTRATIVE ACTION TAKEN PURSUANT TO
EXECUTIVE ORDER NO. 12779 OR EXECUTIVE ORDER NO. 12853.

SECTION 5. 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.

SECTION 6.
(A) THIS ORDER SHALL TAKE EFFECT AT 11:59 P.M. EASTERN
DAYLIGHT TIME (EDT) ON MAY 21, 1994.
(B) THIS ORDER SHALL BE TRANSMITTED TO THE CONGRESS AND
PUBLISHED IN THE FEDERAL REGISTER.

WILLIAM J. CLINTON

THE WHITE HOUSE
MAY 21, 1994

INQUIRIES FROM CUSTOMS OFFICERS REGARDING SHIPMENTS IMPORTED
FROM HAITI ARE TO BE DIRECTED TO CUSTOMS HEADQUARTERS, OFFICE OF
TRADE OPERATIONS, AT (202) 927-0771 OR (202) 927-0693, OR
INSPECTION AND CONTROL AT (202) 927-0284. EXPORT INQUIRIES BY
CUSTOMS OFFICERS SHOULD BE DIRECTED TO THE EXODUS COMMAND CENTER
AT (202) 927-1550. INQUIRIES FROM THE PUBLIC SHOULD BE DIRECTED
TO FOREIGN ASSETS CONTROL, JOHN T. ROTH, (202) 622-2500 OR BY FAX
(202) 622-1657.

PHILIP METZGER