UNCLAS STATE 214262

 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