[Weekly Compilation of Presidential Documents Volume 43, Number 42 (Monday, October 22, 2007)]
[Pages 1375-1377]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13448--Blocking Property and Prohibiting Certain
Transactions Related to Burma
October 18, 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 (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 (Public Law 108-61, as amended, 50 U.S.C. 1701
note), 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,
I, George W. Bush, President of the United States of America, hereby
expand the scope of the national emergency declared in Executive Order
13047 of May 20, 1997, and relied upon for additional steps taken in
Executive Order 13310 of July 28, 2003, finding that the Government of
Burma's continued repression of the democratic opposition in Burma,
manifested most recently in the violent response to peaceful
demonstrations, the commission of human rights abuses related to
political repression, and engagement in public corruption, including by
diverting or misusing Burmese public assets or by misusing public
authority, constitute an unusual and extraordinary threat to the
national security and foreign policy of the United States, and I 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
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Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX,
Public Law 106-387), 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withdrawn, or otherwise dealt in: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, after
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;
(ii) to be responsible for, or to have participated in, human
rights abuses related to political repression in Burma;
(iii) to be engaged, or to have engaged, in activities
facilitating public corruption by senior officials of the
Government of Burma;
(iv) to have materially assisted, sponsored, or provided
financial, material, logistical, or technical support for,
or goods or services in support of, the Government of Burma,
the State Peace and Development Council of Burma, the Union
Solidarity and Development Association of Burma, any
successor entity to any of the foregoing, any senior
official of any of the foregoing, or any person whose
property and interests in property are blocked pursuant to
Executive Order 13310 or section 1(b)(i)-(v) of this order;
(v) 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 Executive Order 13310 or section 1(b)(i)-(v) of
this order; or
(vi) to be a spouse or dependent child of any person whose
property and interests in property are blocked pursuant to
this order or Executive Order 13310.
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;
(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. 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, 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 relied upon for additional steps taken in Executive
Order 13310, and expanded in this order, and 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 section 1 of this order who might have a
constitutional presence in the United States, I find that because of the
ability to
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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, and relied upon for additional steps taken in
Executive Order 13310, and expanded in this order, there need be no
prior notice of a listing or determination made pursuant to this order.
Sec. 6. The Secretary of the Treasury, after 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 section 4 of the Burmese Freedom
and Democracy Act of 2003 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.
Sec. 7. The Secretary of the Treasury, after consultation with the
Secretary of State, is authorized to determine, subsequent to the
effective date of this order, that circumstances no longer warrant
inclusion of a person in the Annex to this order and that the property
and interests in property of that person are therefore no longer blocked
pursuant to section 1 of this order.
Sec. 8. 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. 9. 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. 10. This order is effective at 12:01 a.m. eastern daylight time
on October 19, 2007.
George W. Bush
The White House,
October 18, 2007.
[Filed with the Office of the Federal Register, 9:14 a.m., October 22,
2007]
Note: This Executive order was released by the Office of the Press
Secretary on October 19, and it and its attached annex will be published
in the Federal Register on October 23.