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Executive Order: Blocking Property of Certain Persons

(2007-07-21 22:04:12) 下一個

Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq

 

Fact sheetMessage to the Congress of the United States Regarding International Emergency Economic Powers Act

By the authority vested in me as President by the Constitution andthe laws of the United States of America, including the InternationalEmergency Economic Powers Act, as amended (50 U.S.C. 1701 etseq.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 etseq.)(NEA), and section 301 of title 3, United States Code,

I, GEORGE W. BUSH, President of the United States of America, findthat, due to the unusual and extraordinary threat to the nationalsecurity and foreign policy of the United States posed by acts ofviolence threatening the peace and stability of Iraq and underminingefforts to promote economic reconstruction and political reform in Iraqand to provide humanitarian assistance to the Iraqi people, it is in theinterests of the United States to take additional steps with respect tothe national emergency declared in Executive Order 13303 of May 22,2003, and expanded in Executive Order 13315 of August 28, 2003, andrelied upon for additional steps taken in Executive Order 13350 of July29, 2004, and Executive Order 13364 of November 29, 2004. I herebyorder:

Section 1. (a) Except to the extent provided in section203(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 issuedpursuant to this order, and notwithstanding any contract entered into orany license or permit granted prior to the date of this order, allproperty and interests in property of the following persons, that are inthe United States, that hereafter come within the United States, or thatare or hereafter come within the possession or control of United Statespersons, are blocked and may not be transferred, paid, exported,withdrawn, or otherwise dealt in: any person determined by theSecretary of the Treasury, in consultation with the Secretary of Stateand the Secretary of Defense,

(i) to have committed, or to pose a significant risk of committing, anact or acts of violence that have the purpose or effect of:

(A) threatening the peace or stability of Iraq or the Government ofIraq; or

(B) undermining efforts to promote economic reconstruction andpolitical reform in Iraq or to provide humanitarian assistance to theIraqi people;

(ii) to have materially assisted, sponsored, or provided financial,material, logistical, or technical support for, or goods or services insupport of, such an act or acts of violence or any person whose propertyand interests in property are blocked pursuant to this order; or

(iii) to be owned or controlled by, or to have acted or purported toact for or on behalf of, directly or indirectly, any person whoseproperty 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 provisionof funds, goods, or services by, to, or for the benefit of any personwhose property and interests in property are blocked pursuant to thisorder, and (ii) thereceipt of any contribution or provision of funds, goods, or servicesfrom any such person.

Sec. 2. (a) Any transaction by a United States person or withinthe United States that evades or avoids, has the purposeof evading or avoiding, or attempts to violate any of the prohibitionsset forth in this order is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions setforth 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 Statescitizen, permanent resident alien, entity organized under the laws ofthe 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 thetype 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 inproperty are blocked pursuant to this order would seriously impair myability to deal with the national emergency declared in Executive Order13303 and expanded in Executive Order 13315, and I hereby prohibit suchdonations as provided by section 1 of this order.

Sec. 5. For those persons whose property and interests in propertyare blocked pursuant to this order who might have a constitutionalpresence in the United States, I find that, because of the ability totransfer funds or other assetsinstantaneously, prior notice to such persons of measures to be takenpursuant to this order would render these measures ineffectual. Itherefore determine that for these measures to be effective inaddressing the national emergency declared in Executive Order 13303 andexpanded in Executive Order 13315, there need be no prior notice of alisting or determination made pursuant to section 1(a) of this order.

Sec. 6. The Secretary of the Treasury, in consultation with theSecretary of State and the Secretary of Defense, is hereby authorized totake such actions, including the promulgation of rules and regulations,and to employ all powers granted to the President by IEEPA as may benecessary to carry out the purposes of this order. The Secretary of theTreasury may redelegate any of these functions to other officers andagencies of the United States Government, consistent with applicablelaw. All agencies of the United States Government are hereby directedto take all appropriate measures within their authority to carry out theprovisions of this order and, where appropriate, to advise the Secretaryof the Treasury in a timely manner of the measures taken.

Sec. 7. Nothing in this order is intended to affect the continuedeffectiveness of any rules, regulations, orders, licenses, or otherforms of administrative action issued, taken, or continued in effectheretofore or hereafter under 31 C.F.R. chapter V, except as expresslyterminated, modified, or suspended by or pursuant to this order.

Sec. 8. This order is not intended to, and does not, create anyright, benefit, or privilege, substantive or procedural, enforceable atlaw or in equity by any party against the United States, itsdepartments, agencies, instrumentalities, or entities, its officers oremployees, or any other person.

GEORGE W. BUSH

THE WHITE HOUSE,

July 17, 2007.

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