[Weekly Compilation of Presidential Documents Volume 43, Number 29 (Monday, July 23, 2007)]
[Pages 972-974]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13438--Blocking Property of Certain Persons Who Threaten
Stabilization Efforts in Iraq
July 17, 2007
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, as amended (50 U.S.C. 1701 et
seq.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et
seq.)(NEA), and section 301 of title 3, United States Code,
I, George W. Bush, President of the United States of America, find
that, due to the unusual and extraordinary threat to the national
security and foreign policy of the United States posed by acts of
violence threatening the peace and stability of Iraq and undermining
efforts to promote economic reconstruction and political reform in Iraq
and to provide humanitarian assistance to the Iraqi people, it is in the
interests of the United States to take additional steps with respect to
the national emergency declared in Executive Order 13303 of May 22,
2003, and expanded in Executive Order 13315 of August 28, 2003, and
relied upon for additional steps taken in Executive Order 13350 of July
29, 2004, and Executive Order 13364 of November 29, 2004. I hereby
order:
Section 1. (a) 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)), or in
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 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, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in: any person determined by the Secretary
of the Treasury, in consultation with the Secretary of State and the
Secretary of Defense,
(i) to have committed, or to pose a significant risk of
committing, an act or acts of violence that have the purpose
or effect of:
(A) threatening the peace or stability of Iraq or the
Government of Iraq; or
(B) undermining efforts to promote economic reconstruction and
political reform in Iraq or to provide humanitarian
assistance to the Iraqi people;
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(ii) to have materially assisted, sponsored, or provided
financial, material, logistical, or technical support for,
or goods or services in support of, such an act or acts of
violence or any person whose property and interests in
property are blocked pursuant to this order; or
(iii) to be owned or controlled by, or to have acted or purported
to act for or on behalf of, directly or indirectly, any
person whose property and interests in property are blocked
pursuant to this order.
(b) The prohibitions in subsection (a) of this section include, but
are not limited to, (i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of any person whose
property and interests in property are blocked pursuant to this order,
and (ii) the receipt of any contribution or provision of funds, goods,
or services from any such person.
Sec. 2. (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. 3. 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; and
(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.
Sec. 4. 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, to,
or for the benefit of, any person whose property and interests in
property are blocked pursuant to this order would
seriously impair my ability to deal with the national emergency declared
in Executive Order 13303 and expanded in Executive Order 13315, and I
hereby prohibit such donations as provided by section 1 of this order.
Sec. 5. For those persons whose property and interests in property
are blocked pursuant to 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 13303 and expanded in Executive Order 13315, there
need be no prior notice of a listing or determination made pursuant to
section 1(a) of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State and the Secretary of Defense, 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 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. 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 and, where appropriate, to advise the Secretary
of the Treasury in a timely manner of the measures taken.
Sec. 7. 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. 8. This order is not intended to, and does not, create any
right, benefit, or privilege, substantive or procedural, enforceable at
law or in equity by any party against the
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United States, its departments, agencies, instrumentalities, or
entities, its officers or employees, or any other person.
George W. Bush
The White House,
July 17, 2007.
[Filed with the Office of the Federal Register, 8:57 a.m., July 18,
2007]
Note: This Executive order was published in the Federal Register on July
19.