Executive Order 12914 of May 7, 1994

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’e´tat in Haiti of 1991 and in the illegal governments since the coup d’e´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 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.


Signature of William J. Clinton
William J. Clinton
The White House,
May 7, 1994.
[FR Doc. 94-11547 Filed 5-9-94; 12:21 pm]
Billing code 3195-01-P

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

 

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