Determination to Waive Attachment Provisions Relating to Blocked Property of Terrorist-List States

President Clinton waived a provision of the Victims of Trafficking and Violence Protection Act of 2000 that would have allowed plaintiffs to seize blocked property of terrorist-list states to satisfy court judgments. The determination finds that allowing such attachments would impede the President's ability to conduct foreign policy and national security by undermining financial sanctions. The Secretary of State is directed to publish this waiver in the Federal Register.

Federal Register Open PDF 65 FR 66483

Timeline

Immediate

Waiver takes effect upon signing (October 28, 2000)
Blocked property of terrorist-list states remains protected from attachment

Near term (90d)

Secretary of State to publish determination in Federal Register

Long term

Continued presidential control over sanctions enforcement policy
Precedent for national security waivers of attachment provisions

Risks & tensions

Balances victims' rights to enforce judgments against state sponsors of terrorism against presidential foreign policy control

May frustrate plaintiffs holding judgments under terrorism exception to foreign sovereign immunity

Supersedes prior 1998 waiver, suggesting ongoing tension between Congress and executive over sanctions policy