DOS Cable on Clearances for Yugoslavs and Serbians
VISAS, INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS
SUBJECT: PRESIDENTIAL 212(F) PROCLAMATION ON THE FRY AND
SERBIA
REF: 98 STATE 46151
1. SUMMARY: ON NOVEMBER 12, 1999, THE PRESIDENT SIGNED A
PROCLAMATION UNDER 212 (SMALL F) WHICH WILL GIVE THE
SECRETARY OF STATE GREATER FLEXIBILITY TO DENY VISAS TO
MILOSEVIC'S KEY SUPPORTERS, PARTICULARLY THOSE OBSTRUCTING
DEMOCRACY, SUPRESSING FREEDOM OF SPEECH AND FINANCIALLY
SUPPORTING THE MILOSEVIC REGIME. NOTE: MILOSEVIC AND MANY
OF HIS SUPPORTERS HAVE ALREADY BEEN ENTERED INTO CLASS
UNDER OTHER PROVISIONS OF THE INA. THIS CABLE EXPLAINS NEW
SAO PROCEDURES TO IMPLEMENT THE 212 (SMALL F) PROCLAMATION.
END SUMMARY.
2. BACKGROUND: IN MARCH 1998 (REFTEL) THE DEPARTMENT
REQUESTED THAT "ALL POSTS SUBMIT SECURITY ADVISORY OPINION
(SAO) REQUESTS ON ALL VISA APPLICATIONS MADE BY DIPLOMATS
AND GOVERNMENT OFFICIALS OF THE FEDERAL REPUBLIC OF
YUGOSLAVIA AND SERBIA FOR ALL TYPES OF VISAS." POSTS
SHOULD CONTINUE TO FOLLOW THIS INSTRUCTION AND SHOULD
SUBMIT REQUESTS IN VISAS BEAR OR DONKEY FORMAT, SLUGGING
CABLE FOR CA/VO/L/C, EUR/SCE AND IO/UNP. THE DEPARTMENT'S
RESPONSE IS REQUIRED PRIOR TO VISA ISSUANCE.
3. NEW SAO REQUIREMENTS: WITH THE SIGNING OF THE 212
(SMALL F) PROCLAMATION, THE SAO REQUIREMENTS IN PARA TWO
ARE NOW EXPANDED. BEGINNING IMMEDIATELY POSTS SHOULD
SUBMIT SAOS FOR PEOPLE IN THE FOLLOWING CATEGORIES:
A. SLOBODAN MILOSEVIC AND OTHER PERSONS, WHO, AS SENIOR
FRY OR SERBIAN OFFICIALS OR AS MEMBERS OF THE FRY AND/OR
SERBIAN MILITARY OR PARAMILITARY FORCES, FORMULATED,
IMPLEMENTED, OR CARRIED OUT REPRESSIVE ACTIONS AGAINST THE
CIVILIAN POPULATION IN KOSOVO.
B. FRY OFFICIALS OR NATIONALS WHO FORMULATE, IMPLEMENT, OR
CARRY OUT POLICIES OBSTRUCTING OR SUPPRESSING FREEDOM OF
SPEECH OR OF THE PRESS IN THE FRY, SERBIA, MONTENEGRO, OR
KOSOVO, OR WHO OTHERWISE ARE OBSTRUCTING EFFORTS TO
ESTABLISH A PEACEFUL AND STABLE DEMOCRACY IN THESE AREAS.
C. FRY OFFICIALS OR NATIONALS WHO, INDIVIDUALLY OR AS
OFFICERS OR EMPLOYEES OF BUSINESS OR FINANCIAL ENTITIES,
ENGAGE IN FINANCIAL TRANSACTIONS THAT MATERIALLY SUPPORT
THE GOVERNMENT OF THE FRY, THE GOVERNMENT OF THE REPUBLIC
OF SERBIA, SLOBODAN MILOSEVIC, OR MEMBERS OF THE MILOSEVIC
REGIME.
D. ANY SPOUSE, MINOR CHILD, CLOSE RELATIVE OR CLOSE
PERSONAL ASSOCIATE OF ANY PERSON DESCRIBED IN SUBSECTIONS A
THROUGH C ABOVE, IF THE ENTRY TO THE UNITED STATES OF SUCH
SPOUSE, MINOR CHILD, CLOSE RELATIVE OR CLOSE PERSONAL
ASSOCIATE WOULD NOT BE IN THE INTERESTS OF THE UNITED
STATES IN LIGHT OF THE OBJECTIVES OF THIS PROCLAMATION.
(THIS CATEGORY HAS BEEN ADDED IN ORDER TO LIMIT THE ABILITY
OF MILOSEVIC'S CONTACTS TO HANDLE REGIME FINANCIAL
TRANSACTIONS. RELATIVES AND CLOSE ASSOCIATES CAN ACT AS
AGENTS, PASS-THROUGHS AND MULES BY THOSE RESTRICTED BY THE
LIST.) POST MAY NOT ALWAYS KNOW WHO THESE PEOPLE ARE WHEN
THEY APPLY, BUT DEPARTMENT REQUESTS AN SAO WHEN APPLICANTS
MEETING THIS DESCRIPTION COME TO POST'S ATTENTION OR WHEN
POST SUSPECTS AN APPLICANT OF HAVING QUESTIONABLE TIES.
4. NEED HELP?: POSTS SHOULD NOT HESITATE TO CONSULT
VO/L/C FOR ADVICE IN IMPLEMENTING THIS PROCLAMATION.
5. THE FULL TEXT OF THE PRESIDENTIAL PROCLAMATION FOLLOWS:
BEGIN TEXT:
IN LIGHT OF THE ACTIONS OF FRY PRESIDENT SLOBODAN MILOSEVIC
AND OTHER OFFICIALS OF THE "FEDERAL REPUBLIC OF YUGOSLAVIA"
(SERBIA AND MONTENEGRO) (FRY) AGAINST ELEMENTS OF THE
CIVILIAN POPULATION OF KOSOVO, INCLUDING ACTIONS WITHIN THE
JURISDICTION OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE
FORMER YUGOSLAVIA (ICTY); IN LIGHT OF ACTIONS BEING TAKEN
BY THE MILOSEVIC REGIME TO OBSTRUCT DEMOCRACY AND TO
SUPPRESS AN INDEPENDENT MEDIA AND FREEDOM OF THE PRESS IN
THE FRY, SERBIA, MONTENEGRO, AND KOSOVO; AND IN LIGHT OF
THE ON-GOING EFFORTS OF THE MILOSEVIC REGIME AND ITS
SUPPORTERS TO THWART THE ECONOMIC SANCTIONS IMPOSED BY THE
UNITED STATES AND OTHER COUNTRIES AGAINST THE FRY, I HAVE
DETERMINED THAT IT IS IN THE INTERESTS OF THE UNITED STATES
TO RESTRICT THE ENTRY TO THE UNITED STATES OF CERTAIN
OFFICIALS OF THE FRY GOVERNMENT AND OF THE GOVERNMENT OF
THE REPUBLIC OF SERBIA AND OF OTHER PERSONS WHO EITHER ACT
IN SUPPORT OF SUCH OFFICIALS' POLICIES OR WHO ARE CLOSELY
ASSOCIATED WITH SUCH OFFICIALS.
NOW, THEREFORE, I, WILLIAM J. CLINTON, PRESIDENT OF THE
UNITED STATES OF AMERICA, ACTING UNDER THE AUTHORITY VESTED
IN ME BY THE CONSTITUTION AND LAWS OF THE UNITED STATES,
INCLUDING SECTION 212 (SMALL F) OF THE IMMIGRATION AND
NATIONALITY ACT OF 1952, AS AMENDED (8 U.S.C. 1182 (SMALL
F)) AND SECTION 301 OF TITLE 3, UNITED STATES CODE, HEREBY
FIND THAT THE UNRESTRICTED IMMMIGRANT AND NONIMMIGRANT
ENTRY INTO THE UNITED STATES OF PERSONS DESCRIBED IN
SECTION 1 OF THIS PROCLAMATION WOULD, EXCEPT AS PROVIDED IN
SECTION 2 THROUGH 4 OF THIS PROCLAMATION, BE DETRIMENTAL TO
THE INTERESTS OF THE UNITED STATES. I DO THEREFORE HEREBY
PROCLAIM THAT:
SECTION 1. THE IMMIGRANT AND NONIMMIGRANT ENTRY INTO THE
UNITED STATES OF THE FOLLOWING PERSONS IS HEREBY SUSPENDED:
A. SLOBODAN MILOSEVIC AND OTHER PERSONS, WHO, AS SENIOR
FRY OR SERBIAN OFFICIALS OR AS MEMBERS OF THE FRY AND /OR
SERBIAN MILITARY OR PARAMILITARY FORCES, FORMULATED,
IMPLEMENTED, OR CARRIED OUT REPRESSIVE ACTIONS AGAINST THE
CIVILIAN POPULATION IN KOSOVO.
B. FRY OFFICIALS OR NATIONALS WHO FORMULATE, IMPLEMENT, OR
CARRY OUT POLICIES OBSTRUCTING OR SUPPRESSING FREEDOM OF
SPEECH OR OF THE PRESS IN THE FRY, SERBIA, MONTENEGRO, OR
KOSOVO, OR WHO OTHERWISE ARE OBSTRUCTING EFFORTS TO
ESTABLISH A PEACEFUL AND STABLE DEMOCRACY IN THESE AREAS.
C. FRY OFFICIALS OR NATIONALS WHO, INDIVIDUALLY OR AS
OFFICERS OR EMPLOYEES OF BUSINESS OR FINANCIAL ENTITIES,
ENGAGE IN FINANCIAL TRANSACTIONS THAT MATERIALLY SUPPORT
THE GOVERNMENT OF THE FRY, THE GOVERNMENT OF THE REPUBLIC
OF SERBIA, SLOBODAN MILOSEVIC, OR MEMBERS OF THE MILOSEVIC
REGIME.
D. ANY SPOUSE, MINOR CHILD, CLOSE RELATIVE OR CLOSE
PERSONAL ASSOCIATE OF ANY PERSON DESCRIBED IN SUBSECTIONS A
THROUGH C ABOVE, IF THE ENTRY TO THE UNITED STATES OF SUCH
SPOUSE, MINOR CHILD, CLOSE RELATIVE OR CLOSE PERSONAL
ASSOCIATE WOULD NOT BE IN THE INTERESTS OF THE UNITED
STATES IN LIGHT OF THE OBJECTIVES OF THIS PROCLAMATION.
SEC. 2. SECTION 1 SHALL NOT APPLY WITH RESPECT TO ANY
PERSON OTHERWISE COVERED BY SECTION 1 WHERE ENTRY OF SUCH
PERSON WOULD NOT BE CONTRARY TO THE INTEREST OF THE UNITED
STATES.
SEC. 3. PERSONS COVERED BY SECTIONS 1 AND 2 SHALL BE
IDENTIFIED BY THE SECRETARY OF STATE IN HER SOLE
DISCRETION, PURSUANT TO SUCH PROCEDURES AS SHE MAY
ESTABLISH UNDER SECTION 5 BELOW.
SEC. 4. NOTHING IN THIS PROCLAMATION SHALL BE CONSTRUED TO
REQUIRE THE UNITED STATES GOVERNMENT TO DEROGATE FROM
OBLIGATIONS UNDER APPLICABLE INTERNATIONAL AGREEMENTS.
SEC. 5. THE SECRETARY OF STATE SHALL HAVE RESPONSIBILITY
TO IMPLEMENT THIS PROCLAMATION PURSUANT TO PROCEDURES THE
SECRETARY MAY ESTABLISH..
SEC. 6. THIS PROCLAMATION IS EFFECTIVE IMMEDIATELY AND
SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS THE SECRETARY OF
STATE DETERMINES THAT IT IS NO LONGER NECESSARY AND SHOULD
BE TERMINATED.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS DAY OF
NOVEMBER 12TH IN THE YEAR OF OUR LORD NINETEEN HUNDRED AND
NINETY-NINE, AND OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA THE TWO HUNDRED AND TWENTY-FOURTH.
END TEXT.
ALBRIGHT
11/13/99