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Executive Order 13098

Issued by William J. Clinton on Tuesday 18 August 1998


Blocking Property of UNITA and ProhibitingCertain Transactions With Respect to UNITA

Federal Register, Volume 63 Issue 161 (Thursday, August 20, 1998)

[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


Citation: 63 FR 44771
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
 

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