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FEDERAL RESERVE BANK OF NEW YORK Fiscal Agent of the United States [ Circular No. 10483 1 October 4, 1991 BLOCKING OF H AITIAN GOVERNM ENT PROPERTY AND PROHIBITION OF CERTAIN TRANSACTIONS W ITH H AITI To All Banks, and others concerned in the Second Federal Reserve District: The President issued an Executive Order today blocking all property and interests in property o f the Government o f Haiti in the United States, and prohibiting certain trans actions with the Government o f Haiti. The Order also prohibits U.S. persons from making any payments to the de facto regime that has taken power in Haiti. Printed on the following pages is a copy of a letter from the Office of Foreign Assets Control o f the Department of the Treasury, and the text o f the Executive Order. Questions regarding this matter should be directed to Bradley K. Sabel, Counsel (Tel. No. 212-720-5041). E. G erald C o r r ig a n , President. DEPARTMENT OF THE TREASURY W ASH IN G TO N m o HO. 8-124906 HAITIAN GOVERNMENT FUNDS BLOCKED Effective 12:23 P.M* E.D,T.# October 4, 1991, pursuant to the International Emergency Economic Powers Act. (50 U.S.C. 1701 at seg*): • All accounts of the Government of Haiti in the possession or control of U.S. Parsons are blocked; • No payments may be made to the de facto regime in Haiti* A copy of Executive Order n o , 12775 signed by President Bush today follow s* This Order does not block private Haitian assets nor prohibit remittances to Haitian persons other than to the do facto regime* H o w e v e r , remittances may not be routed t h r o u g h Haitian Government-controlled b a nks. Additional information will be forthcoming from the Office of Foreign Assets Control. October 4, 1991 Washington, D.C THE WHITE HOUSE office of the Press Secretary For Immediate Kilean OOtObar 4, 1991 EXECUTIVE ORDER _ J £ / ? 7 2 Z PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT TO XAITZ By the authority vastad in me aa President by tha constitution and tha lava of tha Unitad Stataa of America, including tha International Emergency Kconoaio Fovara Act (So U.S.c. 1701 r £_i r s .)i tha National Emergencies Act (so u.S.C. 1601 Rt__Rifi«)i and aaotion 301 of titla 3 of tha Unitad Stataa Coda, X, GEORGE BUSH, Praaident of tha unitad Stataa of America, find that the grava avanta that have ocourrad in tha Republic of Haiti to diarupt tha legitimate axaroiaa of power by tha democratically alactad government of that country oonatituta an unuaual and extraordinary thraat to tha national eaourity, foraign policy, and economy of tha unitad Stataa, and hereby declare a national emergency to daal with that thraat. Z haraby orders Section Except to .the extant provided in ragulationa, orders, diractivaa, or licensee which say hereafter be issued pursuant to this order, all oroparty and interasta in property of tha Government of Haiti, Its agencies, instrumentalities and controlled entitles, including the Bangui da la Republique d'Haiti, that are in the United Stataa, that hereafter ooaa within tha united Stataa, or that are or hereafter ooaa within tha possession or control of Unitad Stataa persona, including their overseas branches, are haraby blooXed. leg. 2 . Except to tha extant provided in ragulationa, orders, directives, or lioensas which say hereafter be issued pursuant to this order, any direct or indirect payments or transfers to the de facto regime in Haiti of funds, including currency, cash or coins of any nation, or of other financial or investment assets or credits, by any United States person, or by any parson organised under the lava of Haiti and owned or controlled by a Unitad Stataa parson, are prohibited. All transfers or payments owed to tha Government of Haiti shall be made whan dua into an aocount at the Federal Reserve BanX of New Yorfc, or as otherwise may be directed by tha Secretary of tha Treasury, to be held for tha benefit of tha Haitian people. Sec, a. ror the purposes of this orden (a) The term "da facto regime in Haiti" means those who aeiaed power illegally from the democratically elected government of President Jean-Bsrtrend Aristide on September 30, 1991, and includes any parsons, agencies, instrumentalities, or entities purporting to set on behalf of tha da facto regime, or under the asserted authority thereof, or any extreoonstitutlonal successor thereto. 2 (b) The ter* "United State* peraon" seana any United Itates citiien, permanent resident alien, juridical person organised under the lavs of the United itates, or any person in the United States. sag, a . The measures taken pursuant to this order are not intended to block private Haitian assets subject to the jurisdiction of the United Itates, or to prohibit remittances by United States persons to Haitian persons other than the de facto regime in Haiti. Sec. s . The Secretary of the Treasury, in consultation with the secretary of Stats, is hereby authorised to take euob ections, including ths promulgation of rules and regulations, and to employ ill povsrs granted to ms by ths International Emergency Economic Povsrs Act, at may bs necessary to oarry out the purpesas of this order. Such actions may include prohibiting or regulating payments or transfers of any property, or any transactions involving the transfer of anything of economic value, by any United States parson to the ds facto regime in Haiti. The Secretary Of the Treasury may redalegata any of those functions to othar officare and agancles of tha United States Government, all agendas of vhich are hereby direoted to take all appropriate aeasuree within their authority to carry out ths provisions of this order, lnoludlng suspension or termination of licenses or other author!iations in effect as of the date of this order. sec, a. This order la effective immediately. Sec. 7. Nothing contained in this order shall confer any substantive or procedural right or privilege on any parson or organiaation, anforce&ble against the united states, its agencies or ite officers, or the Federal Reserve Sank of Nav York or its officers. This order shall be transmitted to the congreee and published in the federal Sealeter. GEOROE BUSH THE WHITE HOUSE, October 4, 1991. i f f