News

USIS Washington 
File

20 July 1999

Text: Clinton Report to Congress on Libya National Emergency

(U.S. sanctions will remain in force as long as appropriate) (1130)

President Clinton on July 19 reported to Congress on developments
since his report of December 30, 1998, concerning the national
emergency with respect to Libya that was declared in Executive Order
12543 of January 7, 1986.

The president reported that on December 30, 1998, he renewed for
another year the national emergency, which extended the comprehensive
financial and trade embargo against Libya in effect since 1986.

Various enforcement actions carried over from previous reporting
periods have continued to be aggressively pursued. Numerous
investigations are ongoing and new reports of violations are being
scrutinized, he said.

In response to Libya's surrender in April 1999 of the two suspects in
the Lockerbie bombing for trial before a Scottish court in the
Netherlands, U.N. sanctions were immediately suspended. Libya must,
however, fulfill the remaining U.N. Security Council resolutions
required for lifting the U.N. sanctions.

U.S. unilateral sanctions remain in force, and President Clinton said
he will continue to apply these sanctions "fully and effectively as
long as they remain appropriate."

Following is the White House text:

(begin text)

THE WHITE HOUSE

Office of the Press Secretary
July 19, 1999

TO THE CONGRESS OF THE UNITED STATES:

I hereby report to the Congress on the developments since my last
report of December 30, 1998, concerning the national emergency with
respect to Libya that was declared in Executive Order 12543 of January
7, 1986. This report is submitted pursuant to section 401(c) of the
National Emergencies Act, 50 U.S.C. 1641(c); section 204(c) of the
International Emergency Economic Powers Act (IEEPA), 50 U.S.C.
1703(c); and section 505(c) of the International Security and
Development Cooperation Act of 1985, 22 U.S.C. 2349aa-9(c).

1. On December 30, 1998, I renewed for another year the national
emergency with respect to Libya pursuant to IEEPA. This renewal
extended the current comprehensive financial and trade embargo against
Libya in effect since 1986. Under these sanctions, virtually all trade
with Libya is prohibited, and all assets owned or controlled by the
Government of Libya in the United States or in the possession or
control of U.S. persons are blocked.

2. On April 28, 1999, I announced that the United States will exempt
commercial sales of agricultural commodities and products, medicine,
and medical equipment from future unilateral sanctions regimes. In
addition, my Administration will extend this policy to existing
sanctions programs by modifying licensing policies for currently
embargoed countries to permit case-by-case review of specific
proposals for commercial sales of these items. Certain restrictions
apply.

The Office of Foreign Assets Control (OFAC) of the Department of the
Treasury is currently drafting amendments to the Libyan Sanctions
Regulations, 31 C.F.R. Part 550 (the Regulations), to implement this
initiative. The amended Regulations will provide for the licensing of
sales of agricultural commodities and products, medicine, and medical
supplies to non-governmental entities in Libya or to government
procurement agencies and parastatals not affiliated with the coercive
organs of that country. The amended Regulations will also provide for
the licensing of all transactions necessary and incident to licensed
sales transactions, such as insurance and shipping arrangements.
Financing for the licensed sales transactions will be permitted in the
manner described in the amended Regulations.

3. During the reporting period, OFAC reviewed numerous applications
for licenses to authorize transactions under the Regulations.
Consistent with OFAC's ongoing scrutiny of banking transactions, the
largest category of license approvals (20) involved types of financial
transactions that are consistent with U.S. policy. Most of these
licenses authorized personal remittances not involving Libya between
persons who are not blocked parties to flow through Libyan banks
located outside Libya. Three licenses were issued authorizing certain
travel-related transactions. One license was issued to a U.S. firm to
allow it to protect its intellectual property rights in Libya; another
authorized receipt of payment for legal services; and a third
authorized payments for telecommunications services. A total of 26
licenses were issued during the reporting period.

4. During the current 6-month period, OFAC continued to emphasize to
the international banking community in the United States the
importance of identifying and blocking payments made by or on behalf
of Libya. The office worked closely with the banks to assure the
effectiveness of interdiction software systems used to identify such
payments. During the reporting period, 87 transactions potentially
involving Libya, totaling nearly $3.4 million, were interdicted.

5. Since my last report, OFAC has collected 7 civil monetary penalties
totaling $38,000 from 2 U.S. financial institutions, 3 companies, and
2 individuals for violations of the U.S. sanctions against Libya. The
violations involved export transactions relating to Libya and dealings
in Government of Libya property or property in which the Government of
Libya had an interest.

On April 23, 1999, a foreign national permanent resident in the United
States was sentenced by the Federal District court for the Middle
District of Florida to 2 years in prison and 2 years supervised
release for criminal conspiracy to violate economic sanctions against
Libya, Iran, and Iraq. He had previously been convicted of violation
of the Libyan Sanctions Regulations, the Iranian Transactions
Regulations, the Iraqi Sanctions Regulations, and the Export
Administration Regulations for exportation of industrial equipment to
the oil, gas, petrochemical, water, and power industries of Libya,
Iran, and Iraq.

Various enforcement actions carried over from previous reporting
periods have continued to be aggressively pursued. Numerous
investigations are ongoing and new reports of violations are being
scrutinized.

6. The expenses incurred by the Federal Government in the 6-month
period from January 7 through July 6, 1999, that are directly
attributable to the exercise of powers and authorities conferred by
the declaration of the Libyan national emergency are estimated at
approximately $4.4 million. Personnel costs were largely centered in
the Department of the Treasury (particularly in the Office of Foreign
Assets Control, the Office of the General Counsel, and the U.S.
Customs Service), the Department of State, and the Department of
Commerce.

7. In April 1999, Libya surrendered the 2 suspects in the Lockerbie
bombing for trial before a Scottish court seated in the Netherlands.
In accordance with UNSCR 748, upon the suspects' transfer, UN
sanctions were immediately suspended. We will insist that Libya
fulfill the remaining UNSCR requirements for lifting UN sanctions and
are working with UN Secretary Annan and UN Security Council members to
ensure that Libya does so promptly. U.S. unilateral sanctions remain
in force, and I will continue to exercise the powers at my disposal to
apply these sanctions fully and effectively, as long as they remain
appropriate. I will continue to report periodically to the Congress on
significant developments as required by law.

WILLIAM J. CLINTON

THE WHITE HOUSE,
July 19, 1999

(end text)