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FEDERAL RESERVE BANK OF NEW YORK Fiscal A gent o f the United States [ Circular No. 10488 October 31, 1991 ”1 PROHIBITION OF CERTAIN HAITIAN TRANSACTIONS Executive Order No. 12779, effective November 5, 1991 To All Banks, and Others Concerned, in the Second Federal Reserve District: The President has issued Executive Order No. 12779 prohibiting the importation and expor tation of certain goods and services from and to Haiti, effective November 5, 1991. The order also republishes, effective October 4, 1991, the provisions o f Executive Order No. 12775, which was sent to you with our Circular No. 10483, dated October 4, 1991. Printed on the following pages is the text of Executive Order No. 12779. Questions regarding this matter may be directed to the Office of Foreign Assets Control of the Department o f the Treasury or, at this Bank, to Bradley K. Sabel, Counsel (Tel. No. 212-720-5041). E. G erald C o r r ig a n , President. EX E C U T IV E ORDER NO. 12779 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.), and section 301 o f title 3 o f the United States Code, and in view o f Resolution MRE/RES 2/91, adopted by the Ad Hoc Meeting of Ministers of Foreign Affairs o f the Organization of American States on October 8, 1991, and in order to take additional steps with respect to the national emergency declared in Executive Order No. 12775 o f October 4, 1991, I, GEORGE BUSH, President of the United States o f America, find that the grave events in the Republic of Haiti that are continuing to disrupt the legitimate exercise o f power by the demo cratically elected government o f that country continue to constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby order: Section 1. Except to the extent provided in regulations, orders, directives, or licenses which may hereafter be issued pursuant to this order, all property and interests in property o f the Gov ernment o f Haiti, its agencies, instrumentalities and controlled entities, including the Banque de la Republique d ’Haiti, that are in the United States, that 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. Except to the extent provided in regulations, orders, directives, or licenses which may hereafter be issued pursuant to this order: (a) Any direct or indirect payments or transfers to the de facto regime in Haiti of funds, in cluding currency, cash, or coins of any nation, or of other financial or investment assets or credits, by any United States person, or by any person organized under the laws o f Haiti and owned or con trolled by a United States person, are prohibited. All transfers or payments owed to the Government o f Haiti shall be made when due into an account at the Federal Reserve Bank o f New York, or as otherwise may be directed by the Secretary o f the Treasury, to be held for the benefit of the Haitian people. (b) Except as provided in subsection (d) of this section, the importation into the United States of any goods of Haitian origin, other than publications and other informational materials, or of ser vices performed in Haiti, is prohibited. (c) The exportation from the United States to Haiti, directly or indirectly, of any goods, tech nology (including technical data or other information controlled for export pursuant to the Export Administration Regulations, 15 C .FR . Parts 768 et. seq.), or services other than (i) publications and other informational materials; (ii) donations of articles intended to relieve human suffering, such as food, clothing, medicine and medical supplies; and (iii) rice, beans, sugar, wheat flour, and cook ing oil, is prohibited. (d) For a period of 30 days from the effective date of this order, goods containing parts or materials exported from the United States prior to the effective date of this order may be imported into the United States following assembly or processing in Haiti. Sec. 3. For the purposes of this order: (a) The term “de facto regime in Haiti” means those who seized power illegally from the democratically elected government of President Jean-Bertrand Aristide on September 3 0 ,1 9 9 1 , and includes any persons, agencies, instrumentalities, or entities purporting to act on behalf of the de facto regime in Haiti, or under the asserted authority thereof, or any extraconstitutional successor thereto. (b) The term “United States person” means any United States citizen, permanent resident alien, juridical person organized under the laws o f the United States, or any person in the United States. (c) the term “goods o f Haitian origin” means goods grown, produced, manufactured, ex tracted, or processed in Haiti, or which have entered into Haitian commerce. Sec. 4. The measures taken pursuant to this order are not intended to block private Haitian assets subject to the jurisdiction o f the United States, or to prohibit remittances by United States persons to Haitian persons other than the de facto regime in Haiti. Sec. 5. The Secretary of the Treasury, in consultation with the Secretary o f State, is hereby authorized to take such actions, including the promulgation o f rules and regulations, and to employ all powers granted to me by the International Emergency Economic Powers Act, as may be necessary to carry out the purposes o f this order. Such actions may include prohibiting or regulating payments or transfers of any property, or any transactions involving the transfer of anything o f economic value, by any United States person to the de facto regime in Haiti; or prohibiting or regulating the provision o f transportation between the United States and Haiti by any vessel or aircraft. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government, all agencies of which are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order, including suspension or termination o f licences or other authorizations in effect as of the date of this order. Sec. 6. Unless otherwise specified, this order shall be effective as of 11:59 p.m., eastern stand ard time, November 5, 1991. Sections 1 and 2(a) o f this order became effective at 12:23 p.m. on October 4, 1991, pursuant to Executive Order No. 12775. Sec. 7. Nothing contained in this order shall confer any substantive or procedural right or priv ilege on any person or organization, enforceable against the United States, its agencies or its officers, or the Federal Reserve Bank of New York or its officers. Sec. 8 . Executive Order No. 12775 of October 4, 1991, is hereby revoked to the extent in consistent with this order. All delegations, rules, regulations, orders, licenses, and other forms of administrative action made, issued, or otherwise taken pursuant to Executive Order No. 12775 and not revoked administratively shall remain in full force and effect under this order until amended, modified, or terminated by proper authority. The revocation of any provision o f Executive Order No. 12775 pursuant to this section shall not affect any violation o f any rules, regulations, orders, licenses, or other forms o f administrative action pursuant to that order during the period that such provision of that order was in effect. This order shall be transmitted to the Congress and published in the Federal Register. GEORGE BUSH THE WHITE HOUSE, October 28, 1991.
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