Executive Order 13219 - Blocking Property of Persons Who Threaten International Stabilization Efforts in the Western Balkans
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.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, have determined that the actions of persons engaged in, or assisting, sponsoring, or supporting, (i) extremist violence in the former Yugoslav Republic of Macedonia, in southern Serbia, the Federal Republic of Yugoslavia, and elsewhere in the Western Balkans region, or (ii) acts obstructing the implementation of the Dayton Accords in Bosnia or United Nations Security Council Resolution 1244 of June 10, 1999 in Kosovo, threaten the peace in or diminish the security and stability of those areas and the wider region, undermine the authority, efforts, and objectives of the United Nations, the North Atlantic Treaty Organization (NATO), and other international organizations and entities present in those areas and the wider region, and endanger the safety of persons participating in or providing support to the activities of those organizations and entities, including United States military forces and government officials. I find that such actions 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. (a) Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U. S. C. 1702(b)(1), (3), and (4)), the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX, Pub. L. No. 106-387), and in regulations, orders, directives, or licenses that may hereafter be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date, all property and interests in property of:
(i) the persons listed in the Annex to this order; and
(ii) persons designated by the Secretary of the Treasury, in consultation with the Secretary of State, because they are found:
(A) to have committed, or to pose a significant risk of committing, acts of violence that have the purpose or effect of threatening the peace in or diminishing the stability or security of any area or state in the Western Balkans region, undermining the authority, efforts, or objectives of international organizations or entities present in the region, or endangering the safety of persons participating in or providing support to the activities of those international organizations or entities, or
(B) to have actively obstructed, or to pose a significant risk of actively obstructing, implementation of the Dayton Accords in Bosnia or United Nations Security Council Resolution 1244 in Kosovo, or
(C) materially to assist in, sponsor, or provide financial or technological support for, or goods or services in support of, such acts of violence or obstructionism, or
(D) to be owned or controlled by, or acting or purporting to act directly or indirectly for or on behalf of, any of the foregoing persons, that are or hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in.
(b) I hereby determine that the making of donations of the type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by United States persons to persons designated in or pursuant to paragraph (a) of this section would seriously impair my ability to deal with the national emergency declared in this order. Accordingly, the blocking of property and interests in property pursuant to paragraph (a) of this section includes, but is not limited to, the prohibition of the making by a United States person of any such donation to any such designated person, except as otherwise authorized by the Secretary of the Treasury.
(c) The blocking of property and property interests in or pursuant to paragraph (a) of this section includes, but is not limited to, the prohibition of the making or receiving by a United States person of any contribution or provision of funds, goods, or services to or for the benefit of a person designated in or pursuant to paragraph (a) of this section.
Sec. 2. Any transaction by a 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 is prohibited. Any conspiracy formed to violate the prohibitions of this order is prohibited.
Sec. 3. For the purposes of this order:
(a) The term "person" means an individual or entity;
(b) The term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and
(c) The term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
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 IEEPA, 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 and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken.
Sec. 5. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern daylight time on June 27, 2001; (b) This order shall be transmitted to the Congress and published in the Federal Register."
Criminal fines for violating the Executive Order or regulations to be issued pursuant to the Executive Order may range up to the greater of $500,000 or twice the pecuniary gain per violation for an organization, or up to the greater of $250,000 or twice the pecuniary gain per violation for an individual. Individuals may also be imprisoned for up to 10 years for a criminal violation. Knowingly making false statements or falsifying or concealing material facts when dealing with OFAC in connection with matters under its jurisdiction is a criminal offense. In addition, civil penalties of up to $11,000 per violation may be imposed administratively. If you have information regarding possible violations of these sanctions, please call the Treasury Department’s Office of Foreign Assets Control at 202/622-2430. Your call will be handled confidentially.
ANNEX (in OFAC SDN list format):
ADEMI, Xhevat, Member of National Liberation Army (NLA); DOB 8 Dec 1962; POB Tetovo, FYROM (individual) [BALKANS]
AHMETI, Ali, Member of National Liberation Army (NLA); DOB 4 Jan 1959; POB Kicevo, FYROM (individual) [BALKANS]
BEXHETI, Nuri, Member of National Liberation Army (NLA); DOB 1962; POB Tetovo, FYROM (individual) [BALKANS]
DALIPI, Tahir, Member of Political Council of Presevo, Medvedja, and Bujanovac (PCPMB); DOB 1958; POB Ilince, Presevo mun., FRY (individual) [BALKANS]
ELSHANI, Gafur, Member of Popular Movement of Kosovo (LPK); DOB 29 Mar 1958; POB Suva Reka, FRY (individual) [BALKANS]
GASHI, Sabit, Member of National Movement for the Liberation of Kosovo (LKCK); DOB 30 Dec 1967; POB Suva Reka, FRY (individual) [BALKANS]
HABIBI, Skender, Member of Party for Democratic Progress for Kosovo (PDK); DOB 13 Jul 1968; POB Vitina, FRY (individual) [BALKANS]
HARADINAJ, Daut, Chief of Staff of Kosovo Protection Corps (KPC); DOB 6 Apr 1978; POB Goldane, FRY (individual) [BALKANS]
HASANI, Xhavit, Member of National Liberation Army (NLA); DOB 5 May 1957; POB Tanishec, FYROM (individual) [BALKANS]
LIBERATION ARMY OF PRESEVO, MEDVEDJA, AND BUJANOVAC (a.k.a. PMBLA; a.k.a. UCPMB) [BALKANS]
LKCK (a.k.a. NATIONAL MOVEMENT FOR THE LIBERATION OF KOSOVO) [BALKANS]
LLADROVICI, Ramiz, Deputy Commander of Guard and Rapid Reaction Group of Kosovo Protection Corps (KPC); DOB 3 Jan 1966 (individual) [BALKANS]
LPK (a.k.a. POPULAR MOVEMENT OF KOSOVO) [BALKANS]
LUSHTAKU, Sami, Regional Task Group 2 Commander of Kosovo Protection Corps (KPC); DOB 20 Feb 1961; POB Srbica, FRY (individual) [BALKANS]
MUSLIU, Jonusz, Member of Political Council of Presevo, Medvedja, and Bujanovac (PCPMB); DOB 5 Jan 1959; POB Konculj, FRY (individual) [BALKANS]
MUSLIU, Shefqet, Member of Liberation Army of Presevo, Medvedja, and Bujanovac (UCPMB); DOB 12 Feb 1963; POB Konculj, FRY (individual) [BALKANS]
MUSTAFA, Rrustem, Regional Task Group 6 Commander of Kosovo Protection Corps (KPC); DOB 27 Feb 1971; POB Podujevo, FRY (individual) [BALKANS]
NATIONAL LIBERATION ARMY (a.k.a. NLA; a.k.a. UCK) [BALKANS]
NATIONAL MOVEMENT FOR THE LIBERATION OF KOSOVO (a.k.a. LKCK) [BALKANS]
NLA (a.k.a. NATIONAL LIBERATION ARMY; a.k.a. UCK) [BALKANS]
OSTREMI, Gezim, Member of National Liberation Army (NLA); DOB 1 Nov 1942; POB Debar, Macedonia (individual) [BALKANS]
PCPMB (a.k.a. POLITICAL COUNCIL OF PRESEVO, MEDVEDJA, AND BUJANOVAC) [BALKANS]
PMBLA (a.k.a. LIBERATION ARMY OF PRESEVO, MEDVEDJA, AND BUJANOVAC; a.k.a. UCPMB) [BALKANS]
POLITICAL COUNCIL OF PRESEVO, MEDVEDJA, AND BUJANOVAC (a.k.a. PCPMB) [BALKANS]
POPULAR MOVEMENT OF KOSOVO (a.k.a. LPK) [BALKANS]
SELIMI, Rexhep, Commander of Guard and Rapid Reacation Group of Kosovo Protection Corps (KPC); DOB 15 Mar 1971; POB Iglarevo, FRY (individual) [BALKANS]
SHAKIRI, Hisni, Member of National Liberation Army (NLA); DOB 1 Mar 1949; POB Otlja, FYROM (individual) [BALKANS]
SHAQIRI, Shaqir, Member of Liberation Army of Presevo, Medvedja, and Bujanovac (UCPMB); DOB 1 Sep 1964; POB FRY (individual) [BALKANS]
SUMA, Emrush, Member of National Liberation Army (NLA); DOB 27 May 1974; POB Dimce, FRY (individual) [BALKANS]
SYLA, Azem, Member of Party for Democratic Progress for Kosovo (PDK); DOB 5 Apr 1951; POB FRY (individual) [BALKANS]
UCK (a.k.a. NATIONAL LIBERATION ARMY; a.k.a. NLA) [BALKANS]
UCPMB (a.k.a. LIBERATION ARMY OF PRESEVO, MEDVEDJA, AND BUJANOVAC; a.k.a. PMBLA) [BALKANS]
VELIU, Fazli, Member of National Liberation Army (NLA); DOB 4 Jan 1945; POB Kercove, FYROM (individual) [BALKANS]
XHEMAJLI, Emrush, Member of Popular Movement of Kosovo (LPK); DOB 5 May 1959; POB Urosevac, FRY (individual) [BALKANS]
XHEMAJLI, Muhamet, Member of Liberation Army of Presevo, Medvedja, and Bujanovac (UCPMB); DOB 8 Feb 1958; POB Muhovac, FRY (individual) [BALKANS]
Additional Designations as of 12/2001:
AKSH (a.k.a. ALBANIAN NATIONAL ARMY; a.k.a. ANA) [BALKANS]
ALBANIAN NATIONAL ARMY (a.k.a. ANA; a.k.a. AKSH) [BALKANS]
ANA (a.k.a. AKSH; a.k.a. ALBANIAN NATIONAL ARMY) [BALKANS]
KKCMTSH (a.k.a. NATIONAL COMMITTEE FOR THE LIBERATION AND PROTECTION OF ALBANIAN LANDS) [BALKANS]
NATIONAL COMMITTEE FOR THE LIBERATION AND PROTECTION OF ALBANIAN LANDS (a.k.a. KKCMTSH) [BALKANS]
Refer to General Note on the Western Balkans Sanctions Regulations and Underlying Authorities (System Ed. Note), for comment on the two EOs underlying the WBSR and their relationship with 588.201.