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John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Libya (1 of 5)
Box: 32
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection Name Roberts, John: Files
Withdrawer
LOJ
8/5/2005
File Folder
JGR/LIBYA
(1)
FOIA
2005-139
Box Number
32
COOKE
1026
ID Doc Type
Document Description
No of Doc Date Restrictions
Pages
19530 MEMO
NICHOLAS PLATT TO JOHN
2
ND
B1
POINDEXTER, RE ECONOMIC
SANCTIONS
R
6/22/2006
Freedom of Information Act - [5 U.S.C. 552(b)]
B-1 National security classified information [(b)(1) of the FOIA]
B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]
B-3 Release would violate a Federal statute [(b)(3) of the FOIA]
B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]
B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]
B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]
B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]
B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of gift.
THE WHITE HOUSE
Office of the Press Secretary
November 15, 1985
For Immediate Release
EXECUTIVE ORDER
IMPORTS OF REFINED PETROLEUM PRODUCTS FROM LIBYA
By the authority vested in me as President by the
Constitution and laws of the United States, including
Section 504 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83), and considering
that the Libyan government actively pursues terrorism as an
instrument of state policy and that Libya has developed
significant capability to export petroleum products and
thereby circumvent the prohibition imposed by Proclamation
No. 4907 of March 10, 1982 and retained in Proclamation
No. 5141 of December 22, 1983 on the importation of Libyan
crude oil, it is ordered as follows:
Section 1. (a) No petroleum product refined in Libya
(except petroleum product loaded aboard maritime vessels at
any time prior to two days after the effective date of this
Executive Order) may be imported into the United States, its
territories or possessions.
(b) For the purposes of this Executive Order, the
prohibition on importation of petroleum products refined in
Libya shall apply to petroleum products which are currently
classifiable under Item Numbers: 475.05; 475.10; 475.15;
475.25; 475.30; 475.35; 475.45; 475.65; 475.70 of the Tariff
Schedules of the United States (19 U.S.C. 1202).
Sec. 2. The Secretary of the Treasury may issue such
rulings and instructions, or, following consultation with the
Secretaries of State and Energy, such regulations as he deems
necessary to implement this Order.
Sec. 3. This Order shall be effective immediately.
RONALD REAGAN
THE WHITE HOUSE,
November 15, 1985.
#######
Economic Sanctions Against Libya
To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency
Economic Powers Act, 50 U.S.C. section 1703, section 301 of the
National Emergencies Act, 50 U.S.C. section 1631, and sections
504 and 505 of the International Security and Development
Cooperation Act of 1985, Pub. L. 99-83, I hereby report to the
Congress that I have exercised my statutory authority to
declare a national emergency and to:
prohibit generally imports from and exports to Libya;
ban U.S.-Libya maritime and aviation relations;
ban trade in services relating to projects in Libya;
ban credits or loans or the transfer of anything of
value to Libya or its nationals, except their property held
prior to the effective date of this order or transactions
allowed by regulations providing for normal activities by
Libyans lawfully in the United States; and
prohibit transactions relating to travel by Americans to
or in Libya, other than for commercial activities permitted
until February 1, 1986 or those necessary for prompt
departure from Libya or for journalistic travel.
Certain of the prohibitions in the order will apply as of
12:01 a.m. Eastern Daylight time,
, 1986. The
remainder of the prohibitions of the order will become effec-
tive immediately.
- 2 -
I am enclosing a copy of the Executive order that I have
issued making this declaration and exercising these authorities.
I have authorized these steps in response to the emergency
situation created by international terrorism, in this instance
the actions and policies of the Government of Libya. Its
terrorist aggression against the United States, other countries
and innocent persons violates both international law and the
very minimum requirements of humanity. This constitutes a
threat to the security of the international community,
including the United States. We cannot separate the security
of our nation from the security of its citizens as they go
about their lives at home and abroad. Libyan use of and
support for terrorism also constitutes a threat to the vital
foreign policy interests of the United States and of all other
states dedicated to international peace and security. Libya
has, in effect, engaged in a form of limited war against the
United States, using terrorist surrogates as its soldiers.
The United States has taken a number of steps in the past
in response to hostile Libyan policies and actions since it was
officially designated in 1979 as a country that has repeatedly
supported acts of international terrorism. We have denied
licenses for exports potentially contributing to Libya's
military potential or enhancing its ability to support acts of
international terrorism. We have denied export of most
national security controlled items; of goods or technical data
which could contribute directly to the Ras Lanuf petrochemical
complex; of aircraft, large off-road vehicles and parts with a
- 3 -
high risk of diversion by Libya for military activities; and
for oil and gas technology and equipment not available from
third-country sources. On the import side, we have banned
Libyan petroleum and, since November 1985, Libyan refined
petroleum products. We have stopped Libyans from coming to the
United States for aviation maintenance, flight operations or
nuclear related studies. We have taken measures to limit the
expansion of Libyan UN Mission facilities. We have also
repeatedly called upon corporations to withdraw American
citizens from Libya, for their safety, and we have restricted
the use of U.S. passports for travel there. All these measures
have not sufficed to sway Libya from its use and support of
terrorism or to deter approximately 1500 Americans from
remaining in Libya, subject to potential harm from the Qadhafi
regime.
The Congress of the United States itself has repeatedly
deplored the Qadhafi regime's use of and support for
international terror. While the steps I have today taken are
based largely upon the International Emergency Economic Powers
Act, they are also, in part, based upon the International
Security and Development Act of 1985 by which the Congress
specifically authorized economic sanctions against Libya as a
country which supports terrorism.
The United States reaffirms its call to Libya and all
nations supporting terrorism to turn away from that policy.
The United States also calls upon other nations to join with us
- 4 -
in isolating the terrorists and their supporters. We must
demonstrate by firm political and economic sanctions that they
cannot engage in such actions and remain accepted members of
the international community.
Failure to call Libya into account for its policy places
the civilized world at the mercy of terrorism. This has
necessitated the steps I have taken today. The terrible
tragedies of Vienna and Rome demonstrate that no nation can be
immune, that each nation must bear its fair share of the vital
effort against the politics of terror. I call upon every
nation to do so now.
Ronald Reagan
The White House,
January , 1986.
EXECUTIVE ORDER
PROHIBITING TRADE AND CERTAIN TRANSACTIONS INVOLVING LIBYA
By the authority vested in me by the Constitution and 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.), sections 504
drop
and 505 of the International Security and Development
E.A.A.
Cooperation Act of 1985, the Export Adminstration Act of 1979,
<<
28-66
as amended (50 U.S.C. app. 2401 et seq.) and section 301 of
title 3 of the United States Code,
I, RONALD REAGAN, President of the United States of America,
find that the policies and actions of the Government of Libya
constitute an unusual and extraordinary threat to the national
security and foreign policy of the United States and hereby
declare a national emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited
except to the
extent provided in regulations which may hereafter be issued
pursuant to this Order:
(a) The import into the United States of any goods or
services of Libyan origin, other than publications and
materials imported for news publication or news broadcast
dissemination;
- 2 -
(b) The export to Libya of any goods, technology (including
technical data or other information) or services from the
not
United States, except publications and donations of articles
intended to relieve human suffering, such as food, clothing,
medicine and medical supplies intended strictly for medical
purposes;
(c) The provision of transportation services to or from
Libya by any U.S. person or any vessel or aircraft of United
States registration, or the provision of transportation
services to or from the United States by any Libyan person or
any vessel or aircraft of Libyan registration;
outratential
to
(d) The performance by any U.S. person, of any service
is
can
burning
contract in support of an industrial or other commercial or
through
governmental project in Libya;
foreign
schiding, can't them
(e) The grant or extension of credits or loans or the
U.S.
branch
transfer of property or anything of economic value by any U.S.
person to the Government of Libya, its instrumentalities and
controlled entities, or to any Libyan national or entity owned
or controlled, directly or indirectly, by Libya or Libyan
nationals, except the transfer of property held by Libya or
Libyan nationals prior to the effective date of this Order;
(f) Any transaction by a U.S. person relating to travel by
any U.S. citizen or permanent resident alien to Libya, or to
activities by any such person within Libya, after the date of
- 3 -
this Order, other than transactions necessary to effect any
such person's departure from Libya, to perform acts permitted
until February 1, 1986 by Section 3 of this Order, or to travel
for journalistic activity by persons regularly employed in such
capacity by a newsgathering organization; and
(g) Any transaction by any United States person which
evades or avoids, or has the purpose of evading or avoiding,
any of the prohibitions set forth in this order.
For purposes of this section, any "United States person"
means any United States citizen, permanent resident alien,
juridical person organized under the laws of the United States,
or any person in the United States.
Section 2. In light of the prohibition in section 1(b) of
this Order, Section 251 of the Trade Expansion Act of 1962 as
2
amended (19 U.S.C. 1881), and Section 126 of the Trade Act of
1974 (19 U.S.C. 2136) will have no effect with respect to Libya.
Section 3. The prohibitions set forth in section 1(a),
(b), (c) and (d) shall apply as of 12:01 a.m. Eastern Daylight
time, February 1, 1986. The remainder of the prohibitions of
this Order are effective immediately.
Section 4. The Secretary of the Treasury is delegated and
authorized to employ all powers granted to me by the Interna-
2
tional Emergency Economic Powers Act, 50. U.S.C. 1701 et seq.,
to carry out the purposes of this Order. The Secretary may
redelegate any of these functions to other officers and
- 4 -
agencies of the Federal Government. All agencies of the United
States Government are directed to take all appropriate measures
within their authority to carry out the purposes of this Order,
including the suspension or termination of licenses or other
authorizations.
This Order shall be transmitted to the Congress and
published in the Federal Register.
Ronald Reagan
The White House
January 7, 1986
OTH THE MANAGE PRESIDENT SERVIS UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
January 6, 1985
Hon. Edwin Meese III
Attorney General
Washington, D.C.
Dear Mr. Attorney General:
Enclosed, in accordance with the provisions of Executive Order
No. 11030, as amended, is a proposed Executive order, submitted
by the Department of State, entitled "Prohibiting Trade and Certain
Transactions Involving Libya".
The proposal, which was submitted by the Department of State,
would prohibit various forms of commercial, trade, and travel-related
transactions with Libya, as described in greater detail in the
attached memorandum from the Director to the President.
In order to implement the prohibition on these transactions,
it will be necessary for the President to invoke the provisions
of the International Emergency Economic Powers Act. In the view
of the Secretary of State, the policies and actions of the
Government of Libya constitute such an unusual and extraordinary
threat to the national security and foreign relations of the
United States that declaration of a national emergency to deal
with that threat is appropriate.
The White House Office has requested that the proposed Executive
order be processed as promptly as possible, so that the President
may consider the proposal on Tuesday, January 7th.
In order to comply with the notification provisions of IEEPA,
after signing the proposed Executive order, the President also
must sign the attached notification letter, informing the Congress
that he has exercised his authority under that statute and stating
the reasons why he believes such action is necessary to deal with
the unusual and extraordinary threat to the United States.
Your staff may direct any questions concerning the proposed
Executive order to Mr. John F. Cooney of this office (395-5600).
The proposed Executive order has the approval of the Director
of the Office of Management and Budget.
Sincerely,
John H. Cooney Carley
General Counsel
OFFICE BTM THE PRESIDENT STATES UNITED a
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
January 6, 1986
MEMORANDUM FOR THE PRESIDENT
FROM:
James
Ter
III
Director
SUBJECT:
Proposed Executive Order Entitled "Prohibiting
Trade and Certain Transactions Involving Libya"
SUMMARY. This memorandum forwards for your consideration a
proposed Executive order, submitted by the Department of State,
that would impose a total ban on direct commercial transactions,
financial transactions and travel to and from Libya because of
the actions and policies of the Government of Libya in support of
international terrorism.
BACKGROUND. The proposed Executive order would invoke the
President's inherent authority to conduct the foreign affairs of
the United States and his authority under the International
Emergency Economic Powers Act, the National Emergencies Act, and
the Federal Aviation Act to restrict most trade and other
transactions with Libya, because of the actions of the Government
of Libya in support of international terrorism. By signing the
Executive order, the President would determine that the actions
of that Government constitute such an extraordinary threat to the
foreign policy and economy of the United States that a
declaration of national emergency is appropriate. In the view of
the Department of State, current conditions are sufficient to
warrant declaration of such an emergency.
The proposed Executive order would sharply reduce American
trade and other transactions with Libya, including a ban on the
following economic relations:
-- direct export and import trade with Libya, except for
humanitarian assistance;
-- grants of new loans, other extensions of credit and
transfers to Libya, Libyan controlled entities, or Libyan
nationals, and of property other than their previously
owned assets;
-- performance of service contracts in Libya; and
-- aviation and maritime service, and, with limited
exceptions, all travel-related transactions except for
journalistic activity.
The proposed order would be implemented by regulations to be
issued by the Department of the Treasury, in consultation with
the Department of State.
The proposal will require other affected agencies to take
appropriate measures within their authority to carry out this
Order, including the suspension or termination of licenses or
other authorizations to do business with Libya in effect as of
the date of the Order
Time has not permitted the formal circulation of the proposed
Executive order to the affected agencies for comment. However,
based on policy decisions reached at the NSPG meeting on January
6th, the proposal has been revised so that Libyan assets in the
United States will not be frozen, and to permit a brief delay
before certain prohibitions in the Order take effect. Based on
statements by representatives of the affected agencies at a
meeting convened by the Department of State on January 6th to
obtain informal comments on the order, I believe that none of the
affected agencies has any objections to the proposal, as revised.
RECOMMENDATION. I recommend that you sign the proposed
Executive order.
ANALYSIS OF PROPOSED EXECUTIVE ORDER
Overall Impact
Our current exports of approximately $300 million per year
consist primarily of machinery and transportation equipment,
manufactured goods for industrial uses and foodstuffs, all of
which are available to Libya from non-U.S. sources. We already
deny licenses for export of most national security controlled
items; for goods or technical data which could contribute
directly to the Ras Lanuf petrochemical complex; for aircraft,
large off-road vehicles and parts because of the high risk of
diversion by Libya for military activities; and for oil and gas
technology and equipment not available from third-country
sources. On the import side, we recently expanded our 1982 ban
on Libyan crude oil to include import of Libyan refined
petroleum products. Our remaining imports of just under $5
million per year consist mainly of alcohols and related
products.
The Order and proposed regulations would prevent any new
trade and reach the trade remaining under binding existing
contracts, including the large volume of trade in services
contracts. It would not reach trade with Libya by the foreign
subsidiaries of U.S. companies. It should result in the sharp
reduction or withdrawal of the remaining American citizen
presence in Libya by banning the commercial activities
motivating much of that presence and the transactions for
travel to or in Libya, except for journalism and any licensed
"hardship" travel. The Order would not freeze Libyan
Government assets. Action under the Order may result in
restrictions on U.S. business assets in Libya, or outright
seizure.
Violations of the Order are subject to civil penalties not
to exceed $10,000 and criminal penalties of not more than
$50,000 and imprisonment for not more than 10 years or both.
Section by Section Analysis
Paragraph One
Although all the actions in the Order may be taken under
the International Emergency Economic Powers Act, the Order also
is expressly based upon the President's constitutional
authority, the new export and import sanction authorities
provided by the International Security and Development
Cooperation Act and the Export Adminstration Act.
-2-
Paragraph Two
The Order finds that the policies and actions in support of
international terrorism by the Government of Libya constitute
an unusual and extraordinary threat to the national security
and foreign policy of the United States and declares a national
emergency pursuant to IEEPA to deal with that threat. Invoking
two of the three possible grounds provided under IEEPA --
threat to the national security and foreign policy -- follows
the Nicaragua precedent. The earlier Iran emergency
additionally invoked a threat to the U.S. economy.
Section 1 (a)
This provides the import element of the Order's
comprehensive direct trade ban. Prohibition of import of goods
of Libyan origin might reach some trade of Libyan commodities
through third countries, as would Section 1(h), which deals
with evasion. In some instances, such as Libyan origin
petroleum products mixed in European tank farms and included in
subsequent reshipment, strict enforcement cannot be
realistically contemplated without unacceptably burdening the
international trading system. We contemplate that enforcement
will be handled as it is under the present import ban on such
products. The exception for news material follows the Iran
precedent.
Section (b)
This provides the export element of the Order's
comprehensive direct trade ban. Like the Nicaragua order, but
unlike typical earlier controls, this ban will not reach
re-exports of U.S. origin goods from third countries if those
goods "come to rest", are incorporated in third country
products as components or are substantially transformed
abroad. This avoids the extraterritoriality problems of U.S.
controls over the export of a foreign manufactured product
because of a small amount of U.S. componentry. The Order would
not, however, supercede the existing system of export controls
on Libya already in place, e.g., relating to national security
controlled items or oil and gas technology, which remain
subject to the regular re-export control system of the Export
Administration Act. The Order's ban on exports to Libya does
not apply to donations of food and medicine and clothing
intended to relieve human suffering, in light of the
corresponding limitation on the President's authority to do so
under IEEPA. This limitation can be removed if militarily
required.
-3-
Section 1 (c)
This section provides a transportation services ban.
Section (d)
This section bans performance of service contracts in
Libya, such as oil field operation contracts and major
construction engineering and management. It deals with one of
the major elements of U.S.-Libya trade remaining and a
principal source of U.S. citizen presence in Libya. However,
much trade in services is by foreign companies, including
subsidiaries of U.S. companies.
Section 1 (e)
This section imposes a comprehensive freeze on financial
transactions benefitting the Libyan government or in which
Libya has an interest as well as transactions benefitting
Libyan nationals. It is not intended to freeze or bar
transfers to Libya or Libyans of assets they already own, such
as bank deposits from foreign branches of U.S. banks, ordinary
transactions by Libyan students living in the U.S., proper
transactions by the Libyan U.N. Mission, or donations permitted
in accordance with section l(c). Regulations will assure that
it is administered consistently with this purpose.
Section (f)
This section bans transactions for travel to Libya. Under
U.S. law, the President is not pesently authorized directly to
compel U.S. nationals to cease travel to, through, or in
Libya. Nor can we threaten prosecution for the travel itself.
Although we can bar the economic activity necessary for travel,
and prosecute for violations (subject to difficulties of
proof), some Americans may nevertheless remain in Libya either
because Qadhafi may prevent their departure or because they may
decide to defy a transaction ban. However, this control
together with further tightening of passport controls and
strong Presidential statements, should substantially reduce the
American presence there. The section makes the exception for
journalism which has become our standard practice and was made
under the IEEPA controls for Iran during the hostage crisis.
Travel for performance of export, import and service trade will
be permitted until those bans take effect.
Section (h)
This is drawn from the Iran precedent and is intended to
facilitate enforcement of the basic prohibitions.
- 4 -
"United States person"
In order to avoid the acute problems arising under other
U.S. controls which have applied to "any person subject to the
jurisdiction of the United States", a term usually defined in
U.S. regulations to include foreign companies owned or
controlled by U.S. nationals, this Order is drafted to apply
its principal prohibitions to "U.S. persons", who are defined
to include, in addition to U.S. citizens and permanent resident
aliens, only those companies and other legal entities which are
organized under U.S. law and thus generally recognized by our
allies as being subject to U.S. regulation in their overseas
activities.
Section 2
Although the MFN tariff treatment automatically granted by
U.S. statutes to most countries is meaningless when imports
themselves are barred, Section 2 will remove the political
issue of Libya theoretically remaining entitled to MFN. The
Order does not expressly terminate the theoretical Libyan
entitlement to avoid unnecessary departure from our tradition
of not withdrawing MFN tariff treatment as a foreign policy
sanction.
Section 3
This section makes the order allows -a transitional period
until February 1 to wind up commercial relations. The
prohibitions on other travel and on new loans or extensions of
credit take effect immediately. limited circumstances. After
the effective date, licenses would be required for any of the
prohibited transactions.
Section 4
This section makes the standard delegation of IEEPA
authorities to the Secretary of the Treasury. The Secretary
implements these controls in close cooperation with the
Secretary of State.
Congress
The Order states that it is to be transmitted to Congress.
In addition, IEEPA requires that, wherever possible, the
President consult with the Congress prior to using IEEPA
authorities. He is also required to report immediately to
Congress when he uses them. Both these obligations can readily
be satisfied, and the need to act is particularly strong where
the result may reduce the number of Americans exposed to Libyan
actions.
PUBLIC LAW 99-83-AUG. 8, 1985
7.195
197
Pakistan p.268
199
206
202 206
207
212
213
220
221
INTERNATIONAL SECURITY AND
DEVELOPMENT COOPERATION ACT
OF 1985
51-139 0 - 85 (83)
STAT. 220
PUBLIC LAW 99-83-AUG. 8, 1985
PUBLIC LAW 99-83-AUG. 8, 1985
99 STAT.
JSC
(b) ITEMS ON THE MUNITIONS LIST.-Section 573(d)(4) of such Act is
Arms Export Control Act, to any country which the President
22 USC 27
3aa-2(d)C4)
amended to read as follows:
determines-
note.
"(4)(A) Except as provided in subparagraph (B), articles on the
"(1) grants sanctuary from prosecution to any individual or
United States Munitions List established pursuant to the Arms
group which has committed an act of international terrorism, or
JSC 2751
Export Control Act may not be made available under this chapter.
"(2) otherwise supports international terrorism.
3.
"(B) For fiscal years 1986 and 1987, articles on the United States
"(b) The President may waive the application of subsection (a) to a
Federal
Munitions List may be made available under this chapter if-
country if the President determines that national security or
Register,
"(i) they are small arms in category I (relating to firearms),
humanitarian reasons justify such waiver. The President shall pub-
publication
ammunition in category III (relating to ammunition) for small
lish each waiver in the Federal Register and, at least 15 days before
arms in category I, or articles in category X (relating to protec-
the waiver takes effect, shall notify the Committee on Foreign
tive personnel equipment), and they are directly related to anti-
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate of the waiver (including the jus-
STA
0
terrorism training being provided under this chapter;
"(ii) the recipient country is not prohibited by law from
tification for the waiver) in accordance with the procedures ap-
receiving assistance under one or more of the following provi-
plicable to reprogramming notifications pursuant to section 634A of
JSC 2311,
sions: chapter 2 of this part, chapter 5 of this part, or the Arms
this Act.
Post, p. 278
7.
Export Control Act; and
"(c) If sanctions are imposed on a country pursuant to subsection
sident of U.S.
"(iii) at least 15 days before the articles are made available to
(a) because of its support for international terrorism, the President
251
the foreign country, the President notifies the Committee on
should call upon other countries to impose similar sanctions on that
Foreign Affairs of the House of Representatives and the
country.".
Committee on Foreign Relations of the Senate of the proposed
(b) CONFORMING AMENDMENT.-Section 3(f) of the Arms Export
transfer, in accordance with the procedures applicable to
Control Act is amended by striking out credits, and guaranties"
22 USC 27
reprogramming notifications pursuant to section 634A of this
and credits, or guaranties" each place they appear.
p.
278.
Act.
"(C) The value (in terms of original acquisition cost) of all equip-
SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.
22 USC
2349aa-8.
ment and commodities provided under subsection (a) of this section,
(a) PROHIBITION ON IMPORTS.-Notwithstanding any other provi-
including articles described in subparagraph (B)(i) of this paragraph,
sion of law, the President may prohibit any article grown, produced,
may not exceed $325,000 in fiscal year 1986 or $325,000 in fiscal year
extracted, or manufactured in Libya from being imported into the
1987."
United States.
USC
(c) RESTRICTION.-Section 573 of such Act is amended by adding at
(b) PROHIBITION ON EXPORTS.-Notwithstanding any other provi-
9aa-2.
the end thereof the following new subsection:
sion of law, the President may prohibit any goods or technology,
"(f) Funds made available to carry out this chapter may not be
including technical data or other information, subject to the jurisdic-
used for personnel compensation or benefits."
tion of the United States or exported by any person subject to the
(d) EXPIRATION OF AUTHORITY.-Section 577 of such Act is
jurisdiction of the United States, from being exported to Libya.
USC
repealed.
(c) DEFINITION.-For purposes of this section, the term "United
9aa-6.
States", when used in a geographical sense, includes territories and
USC
SEC. 502. COORDINATION OF ALL UNITED STATES ANTI-TERRORISM
9aa-7.
possessions of the United States.
ASSISTANCE TO FOREIGN COUNTRIES.
(a) COORDINATION.-The Secretary of State shall be responsible for
SEC. 505. BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES
22 USC
coordinating all anti-terrorism assistance to foreign countries pro-
SUPPORTING TERRORISM.
2349aa-9.
vided by the United States Government.
(a) AUTHORITY.-The President may ban the importation into the
(b) REPORTS.-Not later than February 1 each year, the Secretary
United States of any good or service from any country which
of State, in consultation with appropriate United States Govern-
supports terrorism or terrorist organizations or harbors terrorists or
ment agencies, shall report to the appropriate committees of the
terrorist organizations.
STA-
Congress on the anti-terrorism assistance provided by the United
(b) CONSULTATION.-The President, in every possible instance,
President
c
States Government during the preceding fiscal year. Such reports
shall consult with the Congress before exercising the authority
may be provided on a classified basis to the extent necessary, and
granted by this section and shall consult regularly with the Con-
shall specify the amount and nature of the assistance provided.
gress SO long as that authority is being exercised.
(c) REPORTS.-Whenever the President exercises the authority
President (
SEC. 503. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING
granted by this section, he shall immediately transmit to the Con-
INTERNATIONAL TERRORISM.
gress a report specifying-
(a) PROHIBITION.-Section 620A of the Foreign Assistance Act of
(1) the country with respect to which the authority is to be
USC 2371.
1961 is amended to read as follows:
exercised and the imports to be prohibited;
hibition.
"Sec. 620A. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORT-
(2) the circumstances which necessitate the exercise of such
ING INTERNATIONAL TERRORISM.-(a) The United States shall not
authority;
provide any assistance under this Act, the Agricultural Trade Devel-
(3) why the President believes those circumstances justify the
JSC 1691
cpment and Assistance Act of 1954, the Peace Corps Act, or the
exercise of such authority; and
22
USC
99 STAT. 222
PUBLIC LAW 99-83-AUG. 8, 1985
PUBLIC LAW 99-83-AUG. 8, 1985
9
(4) why the President believes the prohibitions are necessary
from which foreign air carriers serve the United States, those
to deal with those circumstances.
foreign airports which pose a high risk of introducing danger to
At least once during each succeeding 6-month period after transmit-
international air travel, and at such other foreign airports as the
Secretary may deem appropriate.
StA 252B President of U.S.
ting a report pursuant to this subsection, the President shall report
to the Congress with respect to the actions taken, since the last such
"(2) Each such assessment shall be made by the Secretary of
report, pursuant to this section and with respect to any changes
Transportation in consultation with the appropriate aeronautic
which have occurred concerning any information previously fur-
authorities of the foreign government concerned and each air car-
nished pursuant to this subsection.
rier serving the foreign airport at which the Secretary is conducting
(d) DEFINITION.-For purposes of this section, the term "United
such assessment.
States" includes territories and possessions of the United States.
"(3) The assessment shall determine the extent to which an
airport effectively maintains and administers security measures. In
SEC INTERNATIONAL ANTLTERRORISM COMMITTEE.
making an assessment of any airport under this subsection, the
Establishment.
The Congress calls upon the President to seek the establishment
Secretary shall use a standard which will result in an analysis of the
of an international committee, to be known as the International
security measures at such airport based upon, at a minimum, the
Anti-Terrorism Committee, consisting of representatives of the
standards and appropriate recommended practices contained in
member countries of the North Atlantic Treaty Organization,
Annex 17 to the Convention on International Civil Aviation, as
Japan, and such other countries as may be invited and may choose
those standards and recommended practices are in effect on the date
to participate. The purpose of the Committee should be to focus the
of such assessment.
attention and secure the cooperation of the governments and the
public of the participating countries and of other countries on the
"CONSULTATION WITH THE SECRETARY OF STATE
problems and responses to international terrorism, by serving as a
forum at both the political and law enforcement levels.
"(b) In carrying out subsection (a), the Secretary of Transportation
shall consult the Secretary of State with respect to the terrorist
SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.
threat which exists in each country. The Secretary of Transpor-
It is the sense of the Congress that the President should establish
tation shall also consult with the Secretary of State in order to
a process by which democratic and open societies of the world, which
determine which foreign airports are not under the de facto control
are those most plagued by terrorism, negotiate a viable treaty to
of the government of the country in which they are located and pose
effectively prevent and respond to terrorist attacks. Such a treaty
a high risk of introducing danger to international air travel.
should incorporate an operative definition of terrorism, and should
establish effective close intelligence-sharing, joint counterterrorist
"REPORT OF ASSESSMENTS
training, and uniform laws on asylum, extradition, and swift punish-
ment for perpetrators of terrorism. Parties to such a treaty should
"(c) Each report to the Congress required by section 315 of this Act
include, but not be limited to, those democratic nations who are
shall contain a summary of the assessments conducted pursuant to
most victimized by terrorism.
subsection (a).
SEC. 508. STATE TERRORISM.
NOTIFICATION TO FOREIGN COUNTRY OF DETERMINATION
It is the sense of the Congress that all civilized nations should
"(d) Whenever, after an assessment in accordance with subsection
firmly condemn the increasing use of terrorism by certain states as
an official instrument for promoting their policy goals, as evidenced
(a) the Secretary of Transportation determines that an airport does
by such examples as the brutal assassination of Major Arthur D.
not maintain and administer effective security measures, the
Nicholson, Junior, by a member of the Soviet armed forces.
Secretary (after advising the Secretary of State) shall notify the
appropriate authorities of such foreign government of such deter-
mination, and recommend the steps necessary to bring the security
Part B-Foreign Airport Security
measures in use at that airport up to the standard used by the
Secretary in making such assessment.
SEC. 551 SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.
(a) SECURITY AT FOREIGN AIRPORTS.-Section 1115 of the Federal
"NOTICE AND SANCTIONS
Aviation Act of 1958 (49 U.S.C. App. 1515) is amended to read as
follows:
"(e)(1) Paragraph (2) of this subsection shall become effective-
"(A) 90 days after notification to the foreign government
"SECURITY STANDARDS IN FOREIGN AIR TRANSPORTATION
pursuant to subsection (d), if the Secretary of Transportation
finds that the foreign government has failed to bring the secu-
"ASSESSMENT OF SECURITY MEASURES
rity measures at the identified airport up to the standard used
by the Secretary in making an assessment of such airport under
Aircraft and air
"Sec. 1115. (a)(1) The Secretary of Transportation shall conduct at
subsection (a); or
carriers.
such intervals as the Secretary shall deem necessary an assessment
"(B) immediately upon the Secretary of Transportation's
of the effectiveness of the security measures maintained at those
determination subsection if
MEMORANDUM FOR VADM JOHN M. POINDEXTER
THE WHITE HOUSE
SUBJECT: Imposition of Economic Sanctions Against Libya Under
the International Emergency Economic Powers Act and
Related Measures
I am transmitting at Tab 1, as requested by the NSPG on
January 6, a draft Executive Order invoking the President's
authority under the International Emergency Economic Powers Act
(IEEPA) and at Tab 2, a section-by-section analysis describing
the Order's provisions.
The draft Order finds that the policies and actions in
support of international terrorism by the Government of Libya
constitute an unusual and extraordinary threat to the national
security and foreign policy of the United States and declares a
lational emergency pursuant to IEEPA to deal with that threat.
The Order is designed to (1) have maximum political impact, (2)
reduce sharply or terminate the remaining American citizen
presence in Libya, (3) prevent new trade and eliminate trade
with Libya under present contracts and (4) minimize criticism
from our allies and encourage their support.
The draft Executive Order and detailed implementing
regulations (being prepared by State and Treasury to be
transmitted separately) would ban the following economic
relations with Libya:
- direct export and import trade with Libya, except for
food and medicine and donations of clothing intended to
relieve human suffering;
- aviation and maritime service;
- performance of service contracts in Libya;
- grants of new loans, other extensions of credit and
transfers to Libya or Libyans of property other than their
previously owned assets;
- all travel-related transactions other than those incident
to speedy departure from Libya, acts relating to the
commercial relations permitted during the brief period
before those prohibitions take effect, or for journalistic
activity; and
- clarification that MFN under the Trade Expansion Act of
1962 and Trade Act to Libya.
DECLASSIFIED
NLS F05-139/1# 19530
BY LOT NARA, DATE 6/22/06
- 2 -
Companies will be given until February 1 to terminate all
export, import and service contract performance.
These measures are designed to achieve maximum impact on
direct trade and transactions with Libya by U.S. nationals
without imposing controversial extraterritorial controls on
trade and transactions by third country nationals. If
necessary, the Order or regulations could be amended at a later
date to prohibit additional transactions.
Under IEEPA, Congress must be consulted in advance of
issuance of the Executive Order, if possible, and a report must
be submitted to Congress immediately upon issuance. Since
Congress is out of session, calls to available leadership would
suffice. An attempt should be made, prior to the Order's
issuance, to discuss it with at least the leadership of both
Houses, and the Chairmen and Ranking Minority Members of the
Foreign Affairs Committees, the Trade and Economic
Subcommittees of the House Foreign Affairs Committee, and the
Senate Banking Committee.
Nicholas Platt
Executive Secretary
Attachments:
Tab 1 - Draft Executive Order.
Tab 2 - Section-by-Section Analysis.
Drafted by:
L:ADSofaer/EGVerville;L/EBC:EHSma1l:jd/rld
1/6/86 X79599 0959Q
United States Department of State
Washington. D.C. 20520
January 6, 1986
SECRET
MEMORANDUM FOR VADM JOHN. M. POINDEXTER
THE WHITE HOUSE
SUBJECT: Transmittal of President's Report to the Congress
with Respect to Economic Sanctions Against Libya
I am transmitting at Tab 1 a report from the President to
the Congress with regard to the imposition of economic
sanctions against Libya. The report would be submitted
pursuant to Section 204(b) of the International Emergency
Economic Powers Act, 50 U.S.C. Section 1703, Section 505 of the
International Security and Development Cooperation Act of 1985,
and Section 301 of the National Emergency Act, 50 U.S.C.
Section 1631.
I am also transmitting at Tab 2 the draft text of a letter
transmitting the President's report to the Congressional
Leadership. The letter and report should be transmitted to The
Honorable Robert Dole, The Honorable Robert C. Byrd, The
Honorable Thomas P. O'Neill, and The Honorable Robert H. Michel.
for
Nicholas Platt
Executive Secretary
Attachments:
Tab 1 - Report from the President
Tab 2 - Draft Text of Transmittal Letter
SECRET
DECLASSIFIED
Department of State Guidelines, July 21, 1997
By LOT NARA, Date 8/5/05
SECRET
Economic Sanctions Against Libya
To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency
Economic Powers Act, 50 U.S.C. section 1703, section 505 of the
International Security and Development Cooperation Act of 1985,
and section 301 of the National Emergencies Act, 50 U.S.C.
section 1631, I hereby report to the Congress that I have
exercised my statutory authority to declare a national
emergency and to:
prohibit purchases and imports from and exports to Libya;
ban U.S.-Libya maritime and aviation relations;
ban trade in services relating to projects in Libya;
ban credits or loans or the transfer of anything of
value to Libya or its nationals, except their property held
prior to the effective date of this order or transactions
allowed by regulations providing for normal activities by
Libyans lawfully in the United States; and
prohibit transactions relating to travel by Americans to
or in Libya, other than for commercial activities permitted
until February 1, 1986 or those necessary for prompt
departure from Libya or for journalistic travel.
These prohibitions are subject to regulation by the
Secretary of the Treasury. Certain of the prohibitions in the
order will apply as of 12:01 a.m. Eastern Standard time,
February 1, 1986. The remainder of the prohibitions of the
order will become effective immediately.
/
DECLASSIFIED
Department of State Guidelines, July 21, 1997
By LOJ NARA, Date 8/5/05
SECRET
- 2 -
I am enclosing a copy of the Ex unive order that I have
issued making this declaration and ercising these authorities.
I have authorized these steps 1. response to the emergency
situation created by international rrorism, in this instance
the actions and policies of the Gaw nment of Libya. Its use
and support of terrorism against th United States, other
countries and innocent persons viol es international law and
minimum standards of human behavior These Libyan actions and
policies constitute a threat to the ecurity of the the United
States as well as the international ommunity. Our nation's
security includes the security of 11 citizens and their right
freely to go about their lives at I: e and abroad. Libyan use
of and support for terrorism also C. stitutes a threat to the
vital foreign policy interests of t United States and of all
other states dedicated to internat. al peace and security.
Since Libya was officially des: ated under U.S. law in
1979 as a country that has repeated supported acts of
international terrorism, the United tates has taken a number
of steps in response to hostile Line n policies and actions.
We have denied licenses for export. hat may contribute to
Libya's military potential or enhar ng its ability to support
acts of international terrorism. in have denied export of most
national security controlled items f goods or technical data
which could contribute directly to e Ras Lanuf petrochemical
complex; of aircraft, large off-no vehicles and parts with a
SECRET
SECRET
- 3 -
high risk of diversion by Libya for military activities; and
for oil and gas technology and equipment not available from
third-country sources. On the import side, we have banned
Libyan petroleum and, since November 1985, Libyan refined
petroleum products. We have stopped Libyans from coming to the
United States for aviation maintenance, flight operations or
nuclear related studies. We have taken measures to limit the
expansion of Libyan UN Mission facilities. We have also
repeatedly called upon corporations to withdraw American
citizens from Libya, for their safety, and we have restricted
the use of U.S. passports for travel there. All these measures
have not deterred Libya from its use and support of terrorism.
Moreover, approximately 1500 Americans from remaining in Libya.
The Congress of the United States has repeatedly deplored
the Qadhafi regime's use of and support for international
terror. Recently, it did so by enacting section 504 of the
International Security and Development Act of 1985. Moreover,
I have determined that Libya falls within the terms of another
statute directed by Congress against those countries which
support terrorism against civil aviation, section 1114 of the
Federal Aviation Act of 1958, as amended.
The United States reaffirms its call to Libya and all
nations supporting terrorism to turn away from that policy.
The United States also calls upon other nations to join with us
in isolating the terrorists and their supporters. We must
demonstrate by firm political and economic sanctions that the
SECRET
SECRET
- 4 -
international community considers such actions intolerable,
that states which engage in such actions cannot expect to be
accepted members of the international community.
Failure to call Libya into account for its policy places
the civilized world at the mercy of terrorism. This has
necessitated the steps I have taken today. The terrible
tragedies of Vienna and Rome demonstrate that no nation can be
immune, that each nation must bear its fair share of the vital
effort against the politics of terror. I call upon every
nation to do so now.
Ronald Reagan
The White House,
January , 1986.
SECRET
SECRET
Draft Text of Transmittal Letter
I am hereby transmitting a report, pursuant to section
204 (b) of the International Emergency Economic Powers Act and
section 505 (b) of the International Security and Development
Cooperation Act of 1985, regarding the actions I have taken
today with respect to Libya.
I have taken these actions in re sponse to the actions and
policies of the Government of Libya Its use and support of
terrorism against the United States other countries and
innocent persons violates international law and minimum
standards of human behavior. Since Libya was officially
designated under United States Law in 1979 as a country that
has repeatedly supported acts of international terrorism, the
United States has taken a number of steps in response to
hostile Libyan policies and actions . These measures, however,
have not deterred Libya from its use and support of terrorism.
-
Failure to call Libya into account for its policy places the
civilized world at the mercy of terrorism. This has
necessitated the steps I have taken today.
Ronald Reagan
The White House,
January
, 1986.
SECRET
DECLASSIFIED
Department of State Guidelines, July 21, 1997
By LOS NARA, Date 8/5/05
THE WHITE HOUSE
WASHINGTON
January 7, 1986
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
JJR
SUBJECT:
Executive Order: Economic
Sanctions Against Libya
We have received the proposed Libyan Executive Order, as
approved by the Office of Legal Counsel. The procedures for
declaring a national emergency under IEEPA are correctly
followed in the Order, and the appropriate statutory pro-
visions are cited. With respect to the question you raised
this morning, most of the prohibitions in the Order do not
take effect until February 1, which provides time for
Americans in Libya to wind down their affairs. In addition,
under subsection 1 (g), travel transactions necessary to
depart Libya are excepted from the prohibitions.
In the last paragraph of Section 1, on page 2, "any" in the
first line should be deleted.
I have discussed with Mr. Hauser and the Clerk's Office the
issues raised by reporting to Congress under IEEPA when
Congress is in recess. It is my view that the report should
be styled not a "report to Congress" but rather a letter to
the Speaker and the President of the Senate. This is
consistent with past practice on required reports during
recesses (though the issue has never arisen with IEEPA
reports). I do not think we should go out of our way to
raise the recess issue in additional language in the report.
State submitted and Chew staffed a superfluous letter to be
sent to the Hill leadership, apart from the required report.
The attached memorandum for your signature notes that this
is unnecessary, and that if such letters are sent they
should be revised SO as not to be confused with the
statutorily required report.
Attachment
THE WHITE HOUSE
WASHINGTON
January :, 1986
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
FRED F. FIELDING
Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Executive Order: Economic
Sanctions Against Libya
I have reviewed the proposed Executive Order on Libya, and
have no legal objection to its issuance. On page 2, line
23, "any" should be deleted.
The formal report required by IEEPA should not be sent to
the Congress but rather to the Speaker of the House and the
President of the Senate, because the Congress is in recess.
This approach is consistent with past practice and our legal
positions on pocket vetoes, recess appointments, and related
issues. The report should not begin "To the Congress of the
United States," and in line 5 "to the Congress" should be
deleted.
The transmittal letter intended to be sent to the Hill
leadership is unnecessary. The reporting requirement will
be fulfilled by sending the revised "report to Congress" to
the Speaker and President of the Senate. A letter may be
sent to the Hill leadership to advise them of the President's
action, but such a letter should not be confused with the
required report. If such additional letters are sent, the
opening paragraph should not be as it appears in the staffed
draft, since that paragraph suggests that the letter is the
statutorily required report.
FFF: JGR:aea 1/7/86
CC: FFFielding
JGRoberts
Subj
Chron