Blocking Assets and Prohibiting Transactions With Significant Narcotics Traffickers

Executive Order 12978 of October 21, 1995

Blocking Assets and Prohibiting Transactions With
Significant Narcotics Traffickers

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, WILLIAM J. CLINTON, President of the United States
of America, find that the actions of significant
foreign narcotics traffickers centered in Colombia, and
the unparalleled violence, corruption, and harm that
they cause in the United States and abroad, constitute
an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United
States, and hereby declare a national emergency to deal
with that threat.

Section 1. Except to the extent provided in section
203(b) of IEEPA (50 U.S.C. 1702(b)) and in regulations,
orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted
prior to the effective date, I hereby order blocked all
property and interests in property that are or
hereafter come within the United States, or that are or
hereafter come within the possession or control of
United States persons, of:

(a) the foreign persons listed in the Annex to this
order;

(b) foreign persons determined by the Secretary of the
Treasury, in consultation with the Attorney General and
the Secretary of State:

(i) to play a significant role in international
narcotics trafficking centered in Colombia; or
(ii) materially to assist in, or provide financial
or technological support for or goods or services in
support of, the narcotics trafficking activities of
persons designated in or pursuant to this order; and

(c) persons determined by the Secretary of the
Treasury, in consultation with the Attorney General and
the Secretary of State, to be owned or controlled by,
or to act for or on behalf of, persons designated in or
pursuant to this order.

Sec. 2. Further, except to the extent provided in
section 203(b) of IEEPA and in regulations, orders,
directives, or licenses that may be issued pursuant to
this order, and notwithstanding any contract entered
into or any license or permit granted prior to the
effective date, I hereby prohibit the following:

(a) any transaction or dealing by United States
persons or within the United States in property or
interests in property of the persons designated in or
pursuant to this order;

(b) any transaction by any United States person or
within the United States 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.

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, corporation, or other organization, group
or subgroup;

(c) the term ``United States person'' means any United
States citizen or national, permanent resident alien,
entity organized under the laws of the United States
(including foreign branches), or any person in the
United States:

(d) the term ``foreign person'' means any citizen or
national of a foreign state (including any such
individual who is also a citizen or national of the
United States) or any entity not organized solely under
the laws of the United States or existing solely in the
United States, but does not include a foreign state;
and

(e) the term ``narcotics trafficking'' means any
activity undertaken illicitly to cultivate, produce,
manufacture, distribute, sell, finance or transport, or
otherwise assist, abet, conspire, or collude with
others in illicit activities relating to, narcotic
drugs, including, but not limited to, cocaine.

Sec. 4. The Secretary of the Treasury, in consultation
with the Attorney General and 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 the President by IEEPA as
may be necessary to carry out 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 this
order.

Sec. 5. Nothing contained in this order shall create
any right or benefit, substantive or procedural,
enforceable by any party against the United States, its
agencies or instrumentalities, its officers or
employees, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m.
Eastern Daylight Time on October 22, 1995.

(b) This order shall be transmitted to the Congress
and published in the Federal Register.

THE WHITE HOUSE,

October 21, 1995.

ANNEX

Gilberto Rodriguez Orejuela
Miguel Angel Rodriguez Orejuela
Jose Santacruz Londono
Helmer Herrera Buitrago