[Weekly Compilation of Presidential Documents Volume 39, Number 31 (Monday, August 4, 2003)]
[Pages 991-993]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13310--Blocking Property of the Government of Burma and 
Prohibiting Certain Transactions

July 28, 2003

    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.), the Burmese Freedom 
and Democracy Act of 2003 (July 28, 2003), and section 301 of title 3, 
United States Code, and in order to take additional steps with respect 
to the Government of Burma's continued repression of the democratic 
opposition in Burma and with respect to the national emergency declared 
in Executive Order 13047 of May 20, 1997;
    I, George W. Bush, President of the United States of America, hereby 
order:
    Section 1. Except to the extent provided in section 203(b)(1), (3), 
and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), the Trade 
Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public 
Law 106-387) (TSRA), or 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 of this order, all property and interests in property of 
the following persons that are in the United States, that hereafter come 
within the United States, or that are or hereafter come within the 
possession or control of United States persons, including their overseas 
branches, are blocked and may not be transferred, paid, exported, 
withdrawn, or otherwise dealt in:
    (a) the persons listed in the Annex attached and made a part of this 
order; and
    (b) any person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State,
 (i)         to be a senior official of the Government of Burma, the 
            State Peace and Development Council of Burma, the Union 
            Solidarity and Development Association of Burma, or any 
            successor entity to any of the foregoing; or
 (ii)        to be owned or controlled by, or acting or purporting to 
            act for or on behalf of, directly or indirectly, any person 
            whose property and interests in property are blocked 
            pursuant to this order.
    Sec. 2. Except to the extent provided in section 203(b) of IEEPA (50 
U.S.C. 1702(b)), the TSRA, or 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 of this order, the following are prohibited:
    (a) the exportation or reexportation, directly or indirectly, to 
Burma of any financial services either (i) from the United States or 
(ii) by a United States person, wherever located; and
    (b) any approval, financing, facilitation, or guarantee by a United 
States person, wherever located, of a transaction by a foreign person 
where the transaction by that foreign person would be prohibited by this 
order if performed by a United States person or within the United 
States;
    Sec. 3. Beginning 30 days after the effective date of this order, 
and except to the extent provided in section 8 of this order and in 
regulations, orders, directives, or licenses

[[Page 992]]

that may be issued pursuant to this order, and notwithstanding any 
contract entered into or any license or permit granted prior to 30 days 
after the effective date of this order, the importation into the United 
States of any article that is a product of Burma is hereby prohibited.
    Sec. 4. (a) Any transaction by a United States person or within the 
United States that evades or avoids, has the purpose of evading or 
avoiding, or attempts to violate any of the prohibitions set forth in 
this order is prohibited.
    (b) Any conspiracy formed to violate any of the prohibitions set 
forth in this order is prohibited.
    Sec. 5. For purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, trust, 
joint venture, corporation, group, subgroup, or other organization;
    (c) the term ``United States person'' means any United States 
citizen, permanent resident alien, entity organized under the laws of 
the United States or any jurisdiction within the United States 
(including foreign branches), or any person in the United States; and
    (d) the term ``Government of Burma'' means the Government of Burma 
(sometimes referred to as Myanmar), its agencies, instrumentalities and 
controlled entities, and the Central Bank of Burma.
    Sec. 6. I hereby determine that the making of donations of the type 
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by or to 
persons whose property and interests in property are blocked pursuant to 
section 1 of this order would seriously impair my ability to deal with 
the national emergency declared in Executive Order 13047, and hereby 
prohibit such donations as provided by section 1 of this order.
    Sec. 7. For those persons whose property and interests in property 
are blocked pursuant to section 1 of this order who might have a 
constitutional presence in the United States, I find that because of the 
ability to transfer funds or other assets instantaneously, prior notice 
to such persons of measures to be taken pursuant to this order would 
render these measures ineffectual. I therefore determine that for these 
measures to be effective in addressing the national emergency declared 
in Executive Order 13047, there need be no prior notice of a listing or 
determination made pursuant to this order.
    Sec. 8. Determining that such a waiver is in the national interest 
of the United States, I hereby waive the prohibitions described in 
section 3 of the Burmese Freedom and Democracy Act of 2003 with respect 
to any and all articles that are a product of Burma to the extent that 
prohibiting the importation of such articles would conflict with the 
international obligations of the United States under the Vienna 
Convention on Diplomatic Relations, the Vienna Convention on Consular 
Relations, the United Nations Headquarters Agreement, and other legal 
instruments providing equivalent privileges and immunities.
    Sec. 9. 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 the President by IEEPA and sections 3(a) and 4 of the Burmese 
Freedom and Democracy Act of 2003, other than the authority to make the 
determinations and certification to the Congress that Burma has met the 
conditions described in 3(a)(3) of the 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 consistent with applicable law. The Secretary 
of State is authorized to exercise the functions and authorities 
conferred upon the President by section 3(b) of the Burmese Freedom and 
Democracy Act of 2003 and to redelegate these functions and authorities 
consistent with applicable law. 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.
    Sec. 10. The Secretary of the Treasury, in consultation with the 
Secretary of State, is authorized to determine, subsequent to the 
issuance of this order, that circumstances no longer warrant inclusion 
of a person in the Annex to this order and that the property

[[Page 993]]

and interests in property of that person are therefore no longer blocked 
pursuant to section 1 of this order.
    Sec. 11. Nothing in this order is intended to affect the continued 
effectiveness of any rules, regulations, orders, licenses, or other 
forms of administrative action issued, taken, or continued in effect 
heretofore or hereafter under 31 C.F.R. chapter V, except as expressly 
terminated, modified, or suspended by or pursuant to this order.
    Sec. 12. Sections 1 through 7 of Executive Order 13047 are hereby 
revoked to the extent they are inconsistent with this order. All 
delegations, rules, regulations, orders, licenses, and other forms of 
administrative action made, issued, or otherwise taken under Executive 
Order 13047, not inconsistent with section 3 of this order and not 
revoked administratively, shall remain in full force and effect under 
this order until amended, modified, or terminated by proper authority. 
The revocation of any provision of Executive Order 13047 pursuant to 
this section shall not affect any violation of any rules, regulations, 
orders, licenses, or other forms of administrative action under that 
order during the period that such provision of that order was in effect.
    Sec. 13. All provisions of this order other than section 3 shall not 
apply to any activity, or any transaction incident to an activity, 
undertaken pursuant to an agreement, or pursuant to the exercise of 
rights under such an agreement, that was entered into by a United States 
person with the Government of Burma or a nongovernmental entity in Burma 
prior to 12:01 a.m. eastern daylight time on May 21, 1997.
    Sec. 14. This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or in 
equity by any party against the United States, its departments, 
agencies, instrumentalities, or entities, its officers or employees, or 
any other person.
    Sec. 15. This order is effective on 12:01 a.m. eastern daylight time 
on July 29, 2003.
    Sec. 16. This order shall be transmitted to the Congress and 
published in the Federal Register.
                                                George W. Bush
The White House,
July 28, 2003.

[Filed with the Office of the Federal Register, 8:57 a.m., July 29, 
2003]

Note: This Executive order and its attached annex were published in the 
Federal Register on July 30.