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THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release May 9, 1994

     SUSPENSION OF ENTRY OF ALIENS WHOSE ENTRY IS BARRED UNDER 
         UNITED NATIONS SECURITY COUNCIL RESOLUTION 917 OR 
         WHO FORMULATE, IMPLEMENT, OR BENEFIT FROM POLICIES
           THAT ARE IMPEDING THE NEGOTIATIONS SEEKING THE
               RETURN TO CONSTITUTIONAL RULE IN HAITI
  
                            - - - - - - -
  
          BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
  
                           A PROCLAMATION
  
       In light of the political crisis in Haiti resulting

from the expulsion from Haiti of President Aristide and the constitutional government, United Nations Security Council Resolution 917, and the overriding interest of the United States in the restoration of democracy to Haiti, I have determined that it is in the interests of the United States to restrict the entry to the United States of: (1) all aliens described in paragraph 3 of United Nations Security Council Resolution 917; and (2) all other aliens who formulate, implement, or benefit from policies that impede the progress of the negotiations designed to restore constitutional government to Haiti and their immediate families.

NOW, THEREFORE, I, WILLIAM J. CLINTON, by the powers vested in me as President by the Constitution and laws of the United States of America, including sections 212(f) and 215 of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f) and 1185), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens described in sections 1 and 2 of this proclamation would, except as provided for in sections 3 and 4 of this proclamation, be detrimental to the interests of the United States. I do therefore proclaim that:

Section 1. The immigrant and nonimmigrant entry into the United States of aliens described in paragraph 3 of United Nations Security Council Resolution 917 is hereby suspended. These aliens are: ( ( all officers of the Haitian a) military, including the police, and their immediate families; (b) the major participants in the coup d'?tat of 1991 and in the illegal governments since the coup d'?tat, and their immediate families; and

Sec. 2. The immigrant and nonimmigrant entry into the United States of aliens who are not covered by section 1, but who nonetheless formulate, implement, or benefit from policies that impede the progress of the negotiations designed to restore constitutional government to Haiti, and their immediate families, is hereby suspended.

Sec. 3. Section 1 shall not apply with respect to any alien otherwise covered by section 1 where the entry of such alien has been approved as prescribed by paragraph 3 of United Nations Security Council Resolution 917.

Sec. 4. Section 2 shall not apply with respect to any alien otherwise covered by section 2 where the entry of such alien would not be contrary to the interests of the United States.

Sec. 5. Aliens covered by sections 1 through 4 shall be identified pursuant to procedures established by the Secretary of State, as authorized in section 8 below.

Sec. 6. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements.

Sec. 7. This proclamation shall take effect at 11:59 p.m., eastern daylight time on May 8, 1994, and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated.

Sec. 8. The Secretary of State shall have responsibility to implement this proclamation pursuant to procedures the Secretary may establish.

Sec. 9. Proclamation No. 6569 of June 3, 1993, is hereby revoked.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, in the year of our Lord nineteen hundred and ninety-four, and of the Independence of the United States of America the two hundred and eighteenth.

WILLIAM J. CLINTON

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THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release May 9, 1994

TO THE CONGRESS OF THE UNITED STATES:

On October 4, 1991, pursuant to the International Emergency Economic Powers Act ("IEEPA") (50 U.S.C. 1703 et seq.) and section 301 of the National Emergencies Act ("NEA") (50 U.S.C. 1601 et seq.), President Bush exercised his statutory authority to issue Executive Order No. 12775 on October 4, 1991, declaring a national emergency and blocking Haitian government property.

On October 28, 1991, pursuant to the above authorities, President Bush exercised his statutory authority to issue Executive Order No. 12779 on October 28, 1991, blocking property of and prohibiting transactions with Haiti.

On June 30, 1993, pursuant to the above authorities, as well as the United Nations Participation Act of 1945, as amended ("UNPA") (22 U.S.C. 287c) I exercised my statutory authority to issue Executive Order No. 12853 on June 30, 1993, to impose additional economic measures with respect to Haiti. This latter action was taken, in part, to ensure that the economic measures taken by the United States with respect to Haiti would conform to United Nations Security Council Resolution 841 (June 16, 1993).

On October 18, 1993, pursuant to the IEEPA and the NEA, I again exercised my statutory authority to issue Executive Order No. 12872 on October 18, 1993, blocking property of various persons with respect to Haiti.

On May 6, 1994, the United Nations Security Council adopted Resolution 917, calling on Member States to take additional measures to tighten the embargo against Haiti. These include, inter alia, a requirement that Member States deny permission for take off, landing or overflight to any aircraft flying to or from Haiti, other than aircraft on regularly scheduled commercial passenger flights. In addition, the Resolution strongly urges, but does not mandate, the freezing of funds and financial resources of officers of the military in Haiti, including police, major participants in the coup d'?tat of 1991, and in illegal governments since the coup d'?tat, those employed by, or acting on behalf of, the military, and immediate family members of the foregoing. Effective at 11:59 p.m. e.d.t., May 8, 1994, I have taken additional steps pursuant to the above statutory authorities to enhance the implementation of this international embargo and to conform to United Nations Security Council Resolution 917.

This new Executive order:

          bans arriving and departing flights and overflights 
       stopping or originating in Haiti, except regularly 
       scheduled commercial passenger flights;
  
          blocks the funds and financial resources, subject to 
       the jurisdiction of the United States, of the individuals 
       specified in Resolution 917, identified above;
  
          prohibits any transaction that evades or avoids or has 
       the purpose of evading or avoiding, or attempts to violate, 
       any of the prohibitions of this order; and
  
                                more

(0VER)

          authorizes the Secretary of the Treasury, in 
       consultation with the Secretary of State, to issue 
       regulations implementing the provisions of the Executive 
       order.
  
       The new Executive order is necessary to implement certain

provisions of United Nations Security Council Resolution 917 of May 6, 1994, that are to take effect without delay. Further measures, including a comprehensive trade embargo with certain humanitarian exceptions, are required no later than May 21, 1994. I am considering additional measures to give full effect to these and other provisions of that Resolution. The measures we are imposing and the United Nations Security Council Resolution adopted on May 6, 1994, reflect the determination of the United States, acting in concert with the international community, to end the assault on democracy and human dignity in Haiti.

I am providing this notice to the Congress pursuant to section 204(b) of the IEEPA (50 U.S.C. 1703(b)) and section 301 of the NEA (50 U.S.C. 1631). I am enclosing a copy of the Executive order that I have issued.

WILLIAM J. CLINTON

THE WHITE HOUSE,

May 7, 1994.

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release May 9, 1994

EXECUTIVE ORDER

PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT TO HAITI

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. 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 funds and financial resources of: (a) all officers of the Haitian military, including the police, and their immediate families;

(b) the major participants in the coup d'?tat in Haiti of 1991 and in the illegal governments since the coup d'?tat, and their immediate families; and

(c) those employed by or acting on behalf of the Haitian military, and their immediate families; that are or 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, authorizations, or licenses that may hereafter be issued pursuant to this order: (a) the granting of permission to any aircraft to take off from, land in, or overfly the territory of 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 Haiti, with the exception of regularly scheduled commercial passenger flights; (b) 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.

Sec. 3. The definitions contained in section 3 of Executive Order No. 12779 apply to the terms used in this order.

Sec. 4. 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 functions to other officers and agencies of the United States Government. All agencies of

(OVER)

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. 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.

Sec. 6.

(a) This order shall take effect at 11:59 p.m., eastern daylight time on May 8, 1994.

(b) This order shall be transmitted to the Congress and published in the Federal Register.

WILLIAM J. CLINTON

THE WHITE HOUSE,

May 7, 1994.

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