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FEDERAL RESERVE BANK
OF NEW YORK
Fiscal A gen t o f the U nited States
[
Circular No. 10494
November 22, 1991
1
J
HAITIAN SANCTIONS
— Special Blocking Memorandum
— General Licenses Nos. 1 and 2
To All Depository Institutions, and Others
Concerned, in the Second Federal Reserve District:
The Office o f Foreign Assets Control of the Department of the Treasury has
requested that we provide all financial institutions in this District with the Special
Blocking Memorandum that is printed on the following pages.
In addition, on November 6, 1991, the Office of Foreign Assets Control issued
two general licenses under the Haitian Sanctions Regulations, which are also print
ed on the following pages. General License No. 1 affects the importation of baggage
and personal effects from or to Haiti; General License No. 2 deals with the receipt
and transmission of telecommunications payments involving Haiti.
Questions on these matters may be directed to the Office of Foreign Assets
Control, 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.
DRPARTMfilNT O F THE TREASURY
W A S H IN 9 T O N
NOV 19 1991
FAC N o - 125028
MEMORANDUM FOR ftH FEDERAL RESERVE BANK PRESIDENTS
ALL BRANCH BANK MANAGERS
\
FROM:
R. RICHARD NEWCOMB^?\\
DIRECTOR
M
OFFICE OF FOREIGN ASSETS: CONTROL
SUBJECT:
HAITIAN SANCTIONS:
SPECIAL BLOCKING
MEMORANDUM AND REQUEST FOR ASSISTANCE
This is s roquacrfc foe immediate action.
rioaoe notify financial
institutions of the substance of this B.eroorandum immediately upon
receipt and provide a single facsimile copy of that notification
to the Office of Foreign Assets Control (202/377-7222).
The Office of Foreign Asaets Control, pursuant to Executive
Orders No. 12775 of October 4, 1991 and. 12779 Of October 28, 1991
("Prohibiting Certain Transactions with. Respect to Ha i t i " ) , and
section 203 of the international Emergency Economic Powers Act,
50 U.s.c. 1701
gog. ("i e e p a ") , finds, that there is reasonable
cause to believe that the below-listed companies (oolleotively,
"Air Haiti") constitute entities controlled b y the Government of
Haiti.
Air
Air
Air
Air
Air
Haiti, 8.A.
Haiti Cargo Services
Haiti Agency, Inc.
Haiti International
Haiti of Puerto Rico
Consequently, pursuant to section 1 of Executive! orders 12775 and
12779 and section 203 of IEEPA, all property and interests in
property of Air Haiti that are in the United States or hereafter
com* within the United States, or that ere of hereafter come
within the possession or control of United States persons are
blocked.
The blocked property includes, without limitation, all
bank, loan,, charge and Investment accounts and securities in
Which Air Haiti has an interest.
Neither Air Haiti nor its
representatives shall be permitted access to property within the
bank's custody, specifically including safe deposit boxes, except
as authorised by the Office of Foreign Assets Control.
A ll F«*leT-al Reserve Brinks, in clu d in g brandies and other o ffic e s ,
are requested to notify all United States financial institutions,
including but not limited to depository' Institutions, Edge and
Agreement Corporations, and U.fl. branches and agenciea of foreign
2
bank®, in t:hs ir district of these debeirjnliiations and to instruct
them that all property or property interests of Air Haiti are
blocked and that no transactions concerning its accounts or other
aeeets are permitted except as specifically authorized by the
Offioe of Foreign Assets Control.
Furtherm ore, w o request that all such in s titu tio n s bo in s tru cte d ,
in accordance with section 203(a) (2) of IEEPA, to report, under
oath, any blocked property of Air Haiti within their possession
and all transaction* therein, on o r a fte r the effective dates,
including p ro h ib ite d transactions that ore or were blocked by the
banks or transactions that are or were attempted but not
consummated, not: later ‘t han 10 days a fte r re c e ip t Of the Federal
Reserve Bank's notification or, in the case of attempted
transactions, within 10 days of occurrence.
The financial institutions' reports should include all
information within their possession, control or custody,
detailing the blocked property (including accounts) as of
October 4, 1991, specifically identifying where such property is
now hold/ and separately accounting Tor any transfers of property
since October 4, lyyi.
in the ease of accounts of any nature,
the bank or other financial institution should provide the
account number, the amount on deposit, a va ila b le c re d it or
balance outstanding, and the name and address of the in s titu tio n
Ob agency holding the account; and i t should provide evidence
oenfirm lnv th a t tha account i « being maintained in a blocked
status.
Xu Liiu ihiuu ur rii.i.Mmpi Mfl LranHuctloHB involving Air Haiti, tlm
financial institution should provide the names, addresses,
account numbers and any other available information identifying
the parties or intended parties, including all financial
institutions, Involved with the attempted transaction.
if you have any questions concerning any aspect of this
memorandum, please contact either J. Robert HeBrien, Chief,
International Programs, or Special Agent Jon n. Taylor,
Enforcement Division, at (202) 566-5021.
3
DEPARTMENT OF THE TREASURY
WA S H I N G T O N
OFFICE OF FOREIGN ASSETS CONTROL
HAITIAN SANCTIONS REGULATIONS
GENERAL LICENSE NO. 1
Accompanying Baggage and Personal, Effects
Persons entering the United States directly or indirectly from
Haiti are authorized to import personal accompanying baggage
normally incident to travel and personal effects of Haitian origin.
Persons departing the United States for Haiti are similarly
authorized to export from the United States personal accompanying
baggage normally incident to travel and personal effects.
R. Richard Newcomb
^
Director
Office of Foreign Assets Control
4
DEPARTMENT OF THE TREASURY
WA S H I N G T O N
OFFICE O F F O R E I G N ASSETS C O N T R O L
HAITIAN SANCTIONS R E G U L A T I O N S
G E N E R A L LICENSE NO. 2
Telecommunications Payments
(a)
All transactions of U.S. common carriers with respect to
the receipt and transmission of telecommunications involving Haiti
are authorized, provided any payment owed to the de facto regime in
Haiti is paid into a blocked account in a U.S. bank.
(b) The terms used in this license are defined as follows:
(1) The term 11de facto regime in Haiti” shall mean
(a)
Those
who
democratically-elected
September
30,
1991,
seized
government
and
power
of
includes
illegally
Jean-Bertrand
any
from
Aristide
persons,
the
on
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) Any partnership,
association, corporation, or other
organization owned or controlled by the foregoing;
(c) Any person to the extent that such person is, or has
been,
or to the extent that there is reasonable cause to believe
such person
is,
or has
been,
since October
4,
1991,
acting
or
purporting to act, directly or indirectly on behalf of any of the
foregoing; and
(d) Any other person or organization determined by the
Secretary of the Treasury to be included within this section.
5
(2)
respect
The term
to which
"blocked
account"
account payments,
shall mean
transfers
an
account with
or withdrawals
or
other dealings may not be made or effected except pursuant to an
authorization or license from the Office of Foreign Assets Control
authorizing such action.
Such an account has been created for the
Government of Haiti at the Federal Reserve Bank of New York.
All
transfers and payments owed to the Government of Haiti shall be
made when due into this account, or otherwise as may be directed by
the Secretary of the Treasury,
to be held for the benefit of the
Haitian people.
(3) The term "telecommunications" shall mean telephone, telex,
and telegraph transmissions, and transmissions for the gathering or
broadcast of news.
1991
R. Richard Newcomb
Director
Office of Foreign Assets Control
6
@FedFRASER