Prohibiting Certain Transactions With Respect to Haiti

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Editorial note: For the President's remarks on signing
this proclamation and his message on Armed Forces Day,
see volume 30, issue 21 of the Weekly Compilation of
Presidential Documents.

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Executive Order 12917 of May 21, 1994

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.), section 5 of
the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3,
United States Code, in view of United Nations Security
Council Resolution 917 of May 6, 1994, and in order to
take additional steps with respect to the actions and
policies of the de facto regime in Haiti and the
national emergency described and declared in Executive
Order No. 12775, it is hereby ordered as follows:

Section 1. The following are prohibited, except to the
extent provided in regulations, orders, directives, or
licenses which may hereafter be issued pursuant to this
order, and notwithstanding the existence of any rights
or obligations conferred or imposed by any
international agreement or any contract entered into or
any license or permit granted before the effective date
of this order:

(a) The importation into the United States of any
goods (other than informational materials, including
books and other publications, needed for the free flow
of information) originating in Haiti, or of any
services performed in Haiti, that are exported from
Haiti after May 21, 1994; or any activity by United
States persons or in the United States that promotes or
is intended to promote such importation;
(b) Any activity by United States persons or in the
United States that promotes the exportation or
transshipment of any goods (other than informational
materials, such as books and other publications, needed
for the free flow of information) originating in Haiti
that are exported from Haiti after May 21, 1994;
(c) Any dealing by United States persons or in the
United States, or using U.S.-registered vessels or
aircraft, in any goods (other than informational
materials, such as books and other publications, needed
for the free flow of information) originating in Haiti
that are exported from Haiti after May 21, 1994;
(d) The sale, supply, or exportation by United
States persons or from the United States, or using
U.S.-registered vessels or aircraft, of any goods,
regardless of origin, to Haiti, or for the purpose of
any business carried on in or operated from Haiti, or
any activity by United States persons or in the United
States that promotes such sale, supply, or exportation,
other than the sale, supply, or exportation of:

(i) informational materials, such as books and other
publications, needed for the free flow of information;
or

(ii) medicines and medical supplies, as authorized by
the Secretary of the Treasury, and rice, beans, sugar,
wheat flour, cooking oil, corn, corn flour, milk, and
edible tallow, provided that neither the de facto
regime in Haiti nor any person designated by the
Secretary of the Treasury as a blocked individual or
entity of Haiti is a direct or indirect party to the
transaction; or

(e) Any transaction by United States persons 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. 2. For the purposes of this order, the definitions
contained in section 3 of Executive Order No. 12779
apply to the terms used in this order.

Sec. 3. 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 the International Emergency Economic Powers Act and
the United Nations Participation Act, 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, including suspension or
termination of licenses or other authorizations in
effect as of the date of this order.

Sec. 4. Section 2(c) of Executive Order No. 12779 and
section 4 of Executive Order No. 12853 are hereby
revoked to the extent inconsistent with this order. The
revocation shall apply only to actions taken after the
effective date of this order, and shall not alter the
applicability to any violation that occurred before the
effective date of this order of any rule, regulation,
order, license, or other form of administrative action
taken pursuant to Executive Order No. 12779 or
Executive Order No. 12853.

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 shall take effect at 11:59 p.m.
eastern daylight time on May 21, 1994.
(b) This order shall be transmitted to the Congress
and published in the Federal Register.

(Presidential Sig.)>

THE WHITE HOUSE,

May 21, 1994.