
The White House Briefing Room
October 22, 1998
TEXT OF A LETTER FROM THE PRESIDENT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release October 22, 1998
TEXT OF A LETTER FROM THE PRESIDENT
TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
AND THE PRESIDENT OF THE SENATE
October 21, 1998
Dear Mr. Speaker: (Dear Mr. President:)
I hereby report to the Congress on the developments since my last report
concerning the national emergency with respect to significant narcotics
traffickers centered in Colombia that was declared in Executive Order
12978 of October 21, 1995. This report is submitted pursuant to section
401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section
204(c) of the International Emergency Economic Powers Act (IEEPA),
50 U.S.C. 1703(c).
1. On October 21, 1995, I signed Executive Order 12978, "Blocking
Assets and Prohibiting Transactions with Significant Narcotics
Traffickers" (the "Order") (60 Fed. Reg. 54579, October 24, 1995). The
Order blocks all property subject to U.S. jurisdiction in which there is
any interest of four significant foreign narcotics traffickers, one of
whom is now deceased, who were principals in the so-called Cali drug
cartel centered in Colombia. These persons are listed in the annex to
the Order. The Order also blocks the property and interests in property
of foreign persons determined by the Secretary of the Treasury, in
consultation with the Attorney General and the Secretary of State, (a) to
play a significant role in inter-national narcotics trafficking centered
in Colombia or (b) to materially assist in or provide financial or
technological support for, or goods or services in support of, the
narcotics trafficking activities of persons designated in or pursuant to
the Order. In addition, the Order blocks all property and interests in
property, subject to U.S. jurisdiction, of persons determined by the
Secretary of the Treasury, in consultation with the Attorney General and
the Secretary of State, to be owned or controlled by, or to act for or on
behalf of, persons designated in or pursuant to the Order (collectively
"Specially Designated Narcotics Traffickers" or "SDNTs").
The Order further prohibits any transaction or dealing by a United States
person or within the United States in property or interests in property
of SDNTs, and any transaction that evades or avoids, has the purpose of
evading or avoiding, or attempts to violate, the prohibitions contained
in the Order.
Designations of foreign persons blocked pursuant to the Order are
effective upon the date of determination by the Director of the
Department of the Treasury's Office of Foreign Assets Control (OFAC)
acting under authority delegated by the Secretary of the Treasury.
Public notice of blocking is effective upon the date of filing with the
Federal Register, or upon prior actual notice.
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2. On October 24, 1995, the Department of the Treasury issued a notice
containing 76 additional names of persons determined to meet the criteria
set forth in Executive Order 12978 (60 Fed. Reg. 54582, October 24,
1995). Additional notices expanding and updating the list of SDNTs were
published on November 29, 1995 (60 Fed. Reg. 61288), March 8, 1996 (61
Fed. Reg. 9523), and January 21, 1997 (62 Fed. Reg. 2903).
Effective February 28, 1997, OFAC issued the Narcotics Trafficking
Sanctions Regulations ("NTSR" or the "Regulations"), 31 C.F.R. Part 536,
to further implement my declaration of a national emergency and
imposition of sanctions against signi-ficant foreign narcotics
traffickers centered in Colombia (62 Fed. Reg. 9959, March 5, 1997).
On April 17, 1997 (62 Fed. Reg. 19500, April 22, 1997), July 30, 1997 (62
Fed. Reg. 41850, August 4, 1997), September 9, 1997 (62 Fed. Reg. 48177,
September 15, 1997), and June 1, 1998 (63 Fed. Reg. 29608, June 1, 1998),
OFAC amended appendices A and B to 31 C.F.R. chapter V, revising
information concerning individuals and entities who have been determined
to play a significant role in international narcotics trafficking
centered in Colombia or have been determined to be owned or controlled
by, or to act for or on behalf of, or to be acting as fronts for the Cali
cartel in Colombia.
On May 27, 1998 (63 Fed. Reg. 28896, May 27, 1998), OFAC amended
appendices A and B to 31 C.F.R. chapter V, by expanding the list for the
first time beyond the Cali cartel by adding the names of one of the
leaders of Colombia's North Coast cartel, Julio Ceasar Nasser David, who
has been determined to play a signifi-cant role in international
narcotics trafficking centered in Colombia, and 14 associated businesses
and 4 individuals acting as fronts for the North Coast cartel. Also
added were six companies and one individual that have been determined to
be owned or controlled by, or to act for or on behalf of, or to be acting
as fronts for the Cali cartel in Colombia. These actions are part of the
ongoing interagency implementation of Executive Order 12978 of October
21, 1995. These changes to the previous SDNT list brought it to a total
of 451 businesses and individuals with whom financial and business
dealings are prohibited and whose assets are blocked under the Order. A
copy of the amendment is attached to this report.
3. OFAC has disseminated and routinely updated details of this program
to the financial, securities, and international trade communities by both
electronic and conventional media. In addition to bulletins to banking
institutions via the Federal Reserve System and the Clearing House
Interbank Payments System (CHIPS), individual notices were provided to
all relevant State and Federal regulatory agencies, automated clearing
houses, and State and independent banking associations across the
country. OFAC contacted all major securities industry associations and
regulators. It posted electronic notices on the Internet and over 10
computer bulletin boards and 2 fax-on-demand services, and provided the
same material to the U.S. Embassy in Bogota for distribution to U.S.
companies operating in Colombia.
4. As of September 4, 1998, OFAC had issued 11 specific licenses
pursuant to Executive Order 12978. These licenses were issued in
accordance with established Department of the Treasury policy authorizing
the completion of presanctions transactions, the provision of legal
services to and payment of fees for representation of SDNTs in
proceedings within the United States arising from the imposition of
sanctions, and certain administrative transactions. In addition, a
license was issued to authorize a U.S. company in Colombia to make
certain
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payments to two SDNT entities in Colombia (currently under the control of
the Colombian government) for services provided to the U.S. company in
connection with the U.S. company's occupation of office space and
business activities in Colombia.
5. The narcotics trafficking sanctions have had a significant impact on
the Colombian drug cartels. Of the 154 business entities designated as
SDNTs as of September 4, 1998, 44, with an estimated aggregate income of
more than $210 million, had been liquidated or were in the process of
liquidation. As a result of OFAC designations, Colombian banks have
closed nearly 400 SDNT accounts, affecting nearly 200 SDNTs. One of the
largest SDNT commercial entities, a discount drugstore with an annual
income exceeding $136 million, has been reduced to operating on a cash
basis. These specific results augment the less quantifiable but
significant impact of denying the designated individuals and entities of
the Cartel access to U.S. financial and commercial facilities.
Various enforcement actions carried over from prior reporting periods are
continuing and new reports of violations are being aggressively pursued.
One criminal investigation is ongoing and a second, not presented for
prosecution, was referred for civil penalty action, bringing the total of
referrals since my last report to five.
6. The expenses incurred by the Federal Government in the 6-month
period from April 21 through October 20, 1998, that are directly
attributable to the exercise of powers and authorities conferred by the
declaration of the national emergency with respect to Significant
Narcotics Traffickers are estimated at approximately $600,000. Personnel
costs were largely centered in the Department of the Treasury
(particularly in the Office of Foreign Assets Control, the U.S. Customs
Service, and the Office of the General Counsel), the Department of
Justice, and the Department of State. These data do not reflect certain
costs of operations by the intelligence and law enforcement communities.
7. Executive Order 12978 provides this Administration with a tool for
combatting the actions of significant foreign narcotics traffickers
centered in Colombia and the violence, corruption, and harm that they
cause in the United States and abroad. The Order is designed to deny
these traffickers the benefit of any assets subject to the jurisdiction
of the United States and to prevent United States persons from engaging
in any commercial dealings with the traffickers, their front companies,
or their agents. Executive Order 12978 demonstrates the United States
commitment to end the damage that such traffickers inflict upon society
in the United States and abroad.
The magnitude and scope of the problem in Colombia -- perhaps the most
pivotal country of all in terms of the world's cocaine trade -- are
extremely grave. I shall continue to exercise the powers at my disposal
to apply economic sanctions against significant foreign narcotics
traffickers as long as these measures are appropriate and will continue
to report periodi-cally to the Congress on significant developments
pursuant to 50 U.S.C. 1703(c).
Sincerely,
WILLIAM J. CLINTON
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