Notes on 50 U.S.C. § 1701 : US Code - Notes

Search Notes on 50 U.S.C. § 1701 : US Code - Notes

(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109-112, Sec. 1, Nov. 22, 2005, 119 Stat. 2366, provided
that: "This Act [enacting provisions set out as a note under this
section and amending provisions set out as notes under this section
and section 2797b of Title 22, Foreign Relations and Intercourse]
may be cited as the 'Iran Nonproliferation Amendments Act of
2005'."
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-24, Sec. 1, Aug. 3, 2001, 115 Stat. 199, provided
that: "This Act [enacting and amending provisions set out as notes
below] may be cited as the 'ILSA Extension Act of 2001'."
SHORT TITLE
Section 201 of title II of Pub. L. 95-223 provided that: "This
title [enacting this chapter] may be cited as the 'International
Emergency Economic Powers Act'."
SEPARABILITY
Section 208 of Pub. L. 95-223 provided that: "If any provision of
this Act [enacting this chapter] is held invalid, the remainder of
the Act shall not be affected thereby."
BURMESE FREEDOM AND DEMOCRACY
Pub. L. 109-39, July 27, 2005, 119 Stat. 409, provided that:
"Congress approves the renewal of the import restrictions contained
in section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003
[Pub. L. 108-61, set out below]."
Prior similar provisions were contained in Pub. L. 108-272, July
7, 2004, 118 Stat. 818.
Pub. L. 108-61, July 28, 2003, 117 Stat. 864, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Burmese Freedom and Democracy Act
of 2003'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) The State Peace and Development Council (SPDC) has failed
to transfer power to the National League for Democracy (NLD)
whose parliamentarians won an overwhelming victory in the 1990
elections in Burma.
"(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed the
efforts of United Nations Special Envoy Razali bin Ismail to
further such dialogue.
"(3) According to the State Department's 'Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma' dated March 28, 2003, the SPDC has become 'more
confrontational' in its exchanges with the NLD.
"(4) On May 30, 2003, the SPDC, threatened by continued support
for the NLD throughout Burma, brutally attacked NLD supporters,
killed and injured scores of civilians, and arrested democracy
advocate Aung San Suu Kyi and other activists.
"(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of intimidation
and torture against women, and forcibly conscripts child-soldiers
for the use in fighting indigenous ethnic groups.
"(6) The SPDC is engaged in ethnic cleansing against minorities
within Burma, including the Karen, Karenni, and Shan people,
which constitutes a crime against humanity and has directly led
to more than 600,000 internally displaced people living within
Burma and more than 130,000 people from Burma living in refugee
camps along the Thai-Burma border.
"(7) The ethnic cleansing campaign of the SPDC is in sharp
contrast to the traditional peaceful coexistence in Burma of
Buddhists, Muslims, Christians, and people of traditional
beliefs.
"(8) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and
methamphetamines being grown, refined, manufactured, and
transported in areas under the control of the SPDC serving to
flood the region and much of the world with these illicit drugs.
"(9) The SPDC provides safety, security, and engages in
business dealings with narcotics traffickers under indictment by
United States authorities, and other producers and traffickers of
narcotics.
"(10) The International Labor Organization (ILO), for the first
time in its 82-year history, adopted in 2000, a resolution
recommending that governments, employers, and workers
organizations take appropriate measures to ensure that their
relations with the SPDC do not abet the government-sponsored
system of forced, compulsory, or slave labor in Burma, and that
other international bodies reconsider any cooperation they may be
engaged in with Burma and, if appropriate, cease as soon as
possible any activity that could abet the practice of forced,
compulsory, or slave labor.
"(11) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively destroying
any free enterprise system.
"(12) Investment in Burmese companies and purchases from them
serve to provide the SPDC with currency that is used to finance
its instruments of terror and repression against the Burmese
people.
"(13) On April 15, 2003, the American Apparel and Footwear
Association expressed its 'strong support for a full and
immediate ban on U.S. textiles, apparel and footwear imports from
Burma' and called upon the United States Government to 'impose an
outright ban on U.S. imports' of these items until Burma
demonstrates respect for basic human and labor rights of its
citizens.
"(14) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the NLD
as the legitimate representative of the Burmese people as
determined by the 1990 election.
"(15) The United States must work closely with other nations,
including Thailand, a close ally of the United States, to
highlight attention to the SPDC's systematic abuses of human
rights in Burma, to ensure that nongovernmental organizations
promoting human rights and political freedom in Burma are allowed
to operate freely and without harassment, and to craft a
multilateral sanctions regime against Burma in order to pressure
the SPDC to meet the conditions identified in section 3(a)(3) of
this Act.
"SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF
BURMA.
"(a) General Ban. -
"(1) In general. - Notwithstanding any other provision of law,
until such time as the President determines and certifies to
Congress that Burma has met the conditions described in paragraph
(3), beginning 30 days after the date of the enactment of this
Act [July 28, 2003], the President shall ban the importation of
any article that is a product of Burma.
"(2) Ban on imports from certain companies. - The import
restrictions contained in paragraph (1) shall apply to, among
other entities -
"(A) the SPDC, any ministry of the SPDC, a member of the SPDC
or an immediate family member of such member;
"(B) known narcotics traffickers from Burma or an immediate
family member of such narcotics trafficker;
"(C) the Union of Myanmar Economics Holdings Incorporated
(UMEHI) or any company in which the UMEHI has a fiduciary
interest;
"(D) the Myanmar Economic Corporation (MEC) or any company in
which the MEC has a fiduciary interest;
"(E) the Union Solidarity and Development Association (USDA);
and
"(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
"(3) Conditions described. - The conditions described in this
paragraph are the following:
"(A) The SPDC has made substantial and measurable progress to
end violations of internationally recognized human rights
including rape, and the Secretary of State, after consultation
with the ILO Secretary General and relevant nongovernmental
organizations, reports to the appropriate congressional
committees that the SPDC no longer systematically violates
workers rights, including the use of forced and child labor,
and conscription of child-soldiers.
"(B) The SPDC has made measurable and substantial progress
toward implementing a democratic government including -
"(i) releasing all political prisoners;
"(ii) allowing freedom of speech and the press;
"(iii) allowing freedom of association;
"(iv) permitting the peaceful exercise of religion; and
"(v) bringing to a conclusion an agreement between the SPDC
and the democratic forces led by the NLD and Burma's ethnic
nationalities on the transfer of power to a civilian
government accountable to the Burmese people through
democratic elections under the rule of law.
"(C) Pursuant to section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228) [22
U.S.C. 2291j-1(2)], Burma has not been designated as a country
that has failed demonstrably to make substantial efforts to
adhere to its obligations under international counternarcotics
agreements and to take other effective counternarcotics
measures, including, but not limited to (i) the arrest and
extradition of all individuals under indictment in the United
States for narcotics trafficking, (ii) concrete and measurable
actions to stem the flow of illicit drug money into Burma's
banking system and economic enterprises, and (iii) actions to
stop the manufacture and export of methamphetamines.
"(4) Appropriate congressional committees. - In this
subsection, the term 'appropriate congressional committees' means
the Committees on Foreign Relations and Appropriations of the
Senate and the Committees on International Relations and
Appropriations of the House of Representatives.
"(b) Waiver Authorities. - The President may waive the
prohibitions described in this section for any or all articles that
are a product of Burma if the President determines and notifies the
Committees on Appropriations, Finance, and Foreign Relations of the
Senate and the Committees on Appropriations, International
Relations, and Ways and Means of the House of Representatives that
to do so is in the national interest of the United States.
"SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED
STATES.
"(a) Reporting Requirement. - Not later than 60 days after the
date of enactment of this Act [July 28, 2003], the President shall
take such action as is necessary to direct, and promulgate
regulations to the same, that any United States financial
institution holding funds belonging to the SPDC or the assets of
those individuals who hold senior positions in the SPDC or its
political arm, the Union Solidarity Development Association, shall
promptly report those funds or assets to the Office of Foreign
Assets Control.
"(b) Additional Authority. - The President may take such action
as may be necessary to impose a sanctions regime to freeze such
funds or assets, subject to such terms and conditions as the
President determines to be appropriate.
"(c) Delegation. - The President may delegate the duties and
authorities under this section to such Federal officers or other
officials as the President deems appropriate.
"SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
"The Secretary of the Treasury shall instruct the United States
executive director to each appropriate international financial
institution in which the United States participates, to oppose, and
vote against the extension by such institution of any loan or
financial or technical assistance to Burma until such time as the
conditions described in section 3(a)(3) are met.
"SEC. 6. EXPANSION OF VISA BAN.
"(a) In General. -
"(1) Visa ban. - The President is authorized to deny visas and
entry to the former and present leadership of the SPDC or the
Union Solidarity Development Association.
"(2) Updates. - The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to
allow officials of the United States and the European Union to
ensure a high degree of coordination of lists of individuals
banned from obtaining a visa by the European Union for the reason
described in paragraph (1) and those banned from receiving a visa
from the United States.
"(b) Publication. - The Secretary of State shall post on the
Department of State's website the names of individuals whose entry
into the United States is banned under subsection (a).
"SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF
INFORMATION.
"Congress encourages the Secretary of State to highlight the
abysmal record of the SPDC to the international community and use
all appropriate fora, including the Association of Southeast Asian
Nations Regional Forum and Asian Nations Regional Forum, to
encourage other states to restrict financial resources to the SPDC
and Burmese companies while offering political recognition and
support to Burma's democratic movement including the National
League for Democracy and Burma's ethnic groups.
"SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
"(a) In General. - The President is authorized to use all
available resources to assist Burmese democracy activists dedicated
to nonviolent opposition to the regime in their efforts to promote
freedom, democracy, and human rights in Burma, including a listing
of constraints on such programming.
"(b) Reports. -
"(1) First report. - Not later than 3 months after the date of
enactment of this Act [July 28, 2003], the Secretary of State
shall provide the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations and
International Relations of the House of Representatives a
comprehensive report on its short- and long-term programs and
activities to support democracy activists in Burma, including a
list of constraints on such programming.
"(2) Report on resources. - Not later than 6 months after the
date of enactment of this Act, the Secretary of State shall
provide the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and International
Relations of the House of Representatives a report identifying
resources that will be necessary for the reconstruction of Burma,
after the SPDC is removed from power, including -
"(A) the formation of democratic institutions;
"(B) establishing the rule of law;
"(C) establishing freedom of the press;
"(D) providing for the successful reintegration of military
officers and personnel into Burmese society; and
"(E) providing health, educational, and economic development.
"(3) Report on trade sanctions. - Not later than 90 days before
the date on which the import restrictions contained in section
3(a)(1) are to expire, the Secretary of State, in consultation
with the United States Trade Representative and the heads of
appropriate agencies, shall submit to the Committees on
Appropriations, Finance, and Foreign Relations of the Senate, and
the Committees on Appropriations, International Relations, and
Ways and Means of the House of Representatives, a report on -
"(A) bilateral and multilateral measures undertaken by the
United States Government and other governments to promote human
rights and democracy in Burma;
"(B) the extent to which actions related to trade with Burma
taken pursuant to this Act have been effective in -
"(i) improving conditions in Burma, including human rights
violations, arrest and detention of democracy activists,
forced and child labor, and the status of dialogue between
the SPDC and the NLD and ethnic minorities;
"(ii) furthering the policy objections of the United States
toward Burma; and
"(C) the impact of actions relating to trade take [sic]
pursuant to this Act on other national security, economic, and
foreign policy interests of the United States, including
relations with countries friendly to the United States.
"SEC. 9. DURATION OF SANCTIONS.
"(a) Termination by Request From Democratic Burma. - The
President may terminate any provision in this Act upon the request
of a democratically elected government in Burma, provided that all
the conditions in section 3(a)(3) have been met.
"(b) Continuation of Import Sanctions. -
"(1) Expiration. - The import restrictions contained in section
3(a)(1) shall expire 1 year from the date of enactment of this
Act [July 28, 2003] unless renewed under paragraph (2) of this
section [subsection].
"(2) Resolution by congress. - The import restrictions
contained in section 3(a)(1) may be renewed annually for a 1-year
period if, prior to the anniversary of the date of enactment of
this Act, and each year thereafter, a renewal resolution is
enacted into law in accordance with subsection (c).
"(3) Limitation. - The import restrictions contained in section
3(a)(1) may be renewed for a maximum of three years from the date
of the enactment of this Act.
"(c) Renewal Resolutions. -
"(1) In general. - For purposes of this section, the term
'renewal resolution' means a joint resolution of the 2 Houses of
Congress, the sole matter after the resolving clause of which is
as follows: 'That Congress approves the renewal of the import
restrictions contained in section 3(a)(1) of the Burmese Freedom
and Democracy Act of 2003.'.
"(2) Procedures. -
"(A) In general. - A renewal resolution -
"(i) may be introduced in either House of Congress by any
member of such House at any time within the 90-day period
before the expiration of the import restrictions contained in
section 3(a)(1); and
"(ii) the provisions of subparagraph (B) shall apply.
"(B) Expedited consideration. - The provisions of section
152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19
U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal
resolution under this Act as if such resolution were a
resolution described in section 152(a) of the Trade Act of
1974."
[Certain powers of President under sections 3(a) and 4 of Pub. L.
108-61 delegated to Secretary of the Treasury and functions and
authorities of President under section 3(b) of Pub. L. 108-61
delegated to Secretary of State by section 9 of Ex. Ord. No. 13310,
July 28, 2003, 68 F.R. 44854, set out below.]
Provisions similar to those contained in section 5 of Pub. L. 108-
61, set out above, were contained in the following appropriation
acts:
Pub. L. 109-102, title V, Sec. 526(a), Nov. 14, 2005, 119 Stat.
2205.
Pub. L. 108-447, div. D, title V, Sec. 531(a), Dec. 8, 2004, 118
Stat. 3004.
Pub. L. 108-199, div. D, title V, Sec. 531(a), Jan. 23, 2004, 118
Stat. 180.
SUDAN PEACE
Pub. L. 108-497, Dec. 23, 2004, 118 Stat. 4012, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Comprehensive Peace in Sudan Act
of 2004'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
"(2) Government of sudan. - The term 'Government of Sudan'
means the National Congress Party, formerly known as the National
Islamic Front, government in Khartoum, Sudan, or any successor
government formed on or after the date of the enactment of this
Act [Dec. 23, 2004] (other than the coalition government agreed
upon in the Nairobi Declaration on the Final Phase of Peace in
the Sudan signed on June 5, 2004).
"(3) JEM. - The term 'JEM' means the Justice and Equality
Movement.
"(4) SLA. - The term 'SLA' means the Sudan Liberation Army.
"(5) SPLM. - The term 'SPLM' means the Sudan People's
Liberation Movement.
"SEC. 3. FINDINGS.
"Congress makes the following findings:
"(1) A comprehensive peace agreement for Sudan, as envisioned
in the Sudan Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note)
and the Machakos Protocol of 2002, could be in jeopardy if the
parties do not implement and honor the agreements they have
signed.
"(2) Since seizing power through a military coup in 1989, the
Government of Sudan repeatedly has attacked and dislocated
civilian populations in southern Sudan in a coordinated policy of
ethnic cleansing and genocide that has cost the lives of more
than 2,000,000 people and displaced more than 4,000,000 people.
"(3) In response to two decades of civil conflict in Sudan, the
United States has helped to establish an internationally
supported peace process to promote a negotiated settlement to the
war that has resulted in a framework peace agreement, the Nairobi
Declaration on the Final Phase of Peace in the Sudan, signed on
June 5, 2004.
"(4) At the same time that the Government of Sudan was
negotiating for a comprehensive and all inclusive peace
agreement, enumerated in the Nairobi Declaration on the Final
Phase of Peace in the Sudan, it refused to engage in any
meaningful discussion with regard to its ongoing campaign of
ethnic cleansing and genocide in the Darfur region of western
Sudan.
"(5) The Government of Sudan reluctantly agreed to attend talks
to bring peace to the Darfur region only after considerable
international pressure and outrage was expressed through high
level visits by Secretary of State Colin Powell and others, and
through United Nations Security Council Resolution 1556 (July 30,
2004).
"(6) The Government of the United States, in both the executive
branch and Congress, has concluded that genocide has been
committed and may still be occurring in the Darfur region, and
that the Government of Sudan and militias supported by the
Government of Sudan, known as the Janjaweed, bear responsibility
for the genocide.
"(7) Evidence collected by international observers in the
Darfur region between February 2003 and November 2004 indicate a
coordinated effort to target African Sudanese civilians in a
scorched earth policy, similar to that which was employed in
southern Sudan, that has destroyed African Sudanese villages,
killing and driving away their people, while Arab Sudanese
villages have been left unscathed.
"(8) As a result of this genocidal policy in the Darfur region,
an estimated 70,000 people have died, more than 1,600,000 people
have been internally displaced, and more than 200,000 people have
been forced to flee to neighboring Chad.
"(9) Reports further indicate the systematic rape of thousands
of women and girls, the abduction of women and children, and the
destruction of hundreds of ethnically African villages, including
the poisoning of their wells and the plunder of their crops and
cattle upon which the people of such villages sustain themselves.
"(10) Despite the threat of international action expressed
through United Nations Security Council Resolutions 1556 (July
30, 2004) and 1564 (September 18, 2004), the Government of Sudan
continues to obstruct and prevent efforts to reverse the
catastrophic consequences that loom over the Darfur region.
"(11) In addition to the thousands of violent deaths directly
caused by ongoing Sudanese military and government-sponsored
Janjaweed attacks in the Darfur region, the Government of Sudan
has restricted access by humanitarian and human rights workers to
the Darfur area through intimidation by military and security
forces, and through bureaucratic and administrative obstruction,
in an attempt to inflict the most devastating harm on those
individuals displaced from their villages and homes without any
means of sustenance or shelter.
"(12) The Government of Sudan's continued support for the
Janjaweed and their obstruction of the delivery of food, shelter,
and medical care to the Darfur region is estimated by the World
Health Organization to be causing up to 10,000 deaths per month
and, should current conditions persist, is projected to escalate
to thousands of deaths each day by December 2004.
"(13) The Government of Chad served an important role in
facilitating the humanitarian cease-fire (the N'Djamena Agreement
dated April 8, 2004) for the Darfur region between the Government
of Sudan and the two opposition rebel groups in the Darfur region
(the JEM and the SLA), although both sides have violated the
cease-fire agreement repeatedly.
"(14) The people of Chad have responded courageously to the
plight of over 200,000 Darfur refugees by providing assistance to
them even though such assistance has adversely affected their own
means of livelihood.
"(15) On September 9, 2004, Secretary of State Colin Powell
stated before the Committee on Foreign Relations of the Senate:
'When we reviewed the evidence compiled by our team, along with
other information available to the State Department, we concluded
that genocide has been committed in Darfur and that the
Government of Sudan and the [Janjaweed] bear responsibility - and
genocide may still be occurring.'.
"(16) The African Union has demonstrated renewed vigor in
regional affairs through its willingness to respond to the crisis
in the Darfur region, by convening talks between the parties and
deploying several hundred monitors and security forces to the
region, as well as by recognizing the need for a far larger force
with a broader mandate.
"(17) The Government of Sudan's complicity in the atrocities
and genocide in the Darfur region raises fundamental questions
about the Government of Sudan's commitment to peace and stability
in Sudan.
"SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR,
SUDAN.
"(a) Sudan Peace Act. - It is the sense of Congress that the
Sudan Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note) remains
relevant and should be extended to include the Darfur region of
Sudan.
"(b) Actions To Address the Conflict. - It is the sense of
Congress that -
"(1) a legitimate countrywide peace in Sudan will only be
possible if those principles enumerated in the 1948 Universal
Declaration of Human Rights, that are affirmed in the Machakos
Protocol of 2002 and the Nairobi Declaration on the Final Phase
of Peace in the Sudan signed on June 5, 2004, are applied to all
of Sudan, including the Darfur region;
"(2) the parties to the N'Djamena Agreement (the Government of
Sudan, the JEM, and the SLA) must meet their obligations under
that Agreement to allow safe and immediate delivery of all
humanitarian assistance throughout the Darfur region and must
expedite the conclusion of a political agreement to end the
genocide and conflict in the Darfur region;
"(3) the United States should continue to provide humanitarian
assistance to the areas of Sudan to which the United States has
access and, at the same time, implement a plan to provide
assistance to the areas of Sudan to which access has been
obstructed or denied;
"(4) the international community, including African, Arab, and
Muslim nations, should immediately provide resources necessary to
save the lives of hundreds of thousands of individuals at risk as
a result of the crisis in the Darfur region;
"(5) the United States and the international community should -

"(A) provide all necessary assistance to deploy and sustain
an African Union Force to the Darfur region; and
"(B) work to increase the authorized level and expand the
mandate of such forces commensurate with the gravity and scope
of the problem in a region the size of France;
"(6) the President, acting through the Secretary of State and
the Permanent Representative of the United States to the United
Nations, should -
"(A) condemn any failure on the part of the Government of
Sudan to fulfill its obligations under United Nations Security
Council Resolutions 1556 (July 30, 2004) and 1564 (September
18, 2004), and press the United Nations Security Council to
respond to such failure by immediately imposing the penalties
suggested in paragraph (14) of United Nations Security Council
Resolution 1564;
"(B) press the United Nations Security Council to pursue
accountability for those individuals who are found responsible
for orchestrating and carrying out the atrocities in the Darfur
region, consistent with relevant United Nations Security
Council Resolutions; and
"(C) encourage member states of the United Nations to -
"(i) cease to import Sudanese oil; and
"(ii) take the following actions against Sudanese
Government and military officials and other individuals, who
are planning, carrying out, or otherwise involved in the
policy of genocide in the Darfur region, as well as their
families, and businesses controlled by the Government of
Sudan and the National Congress Party:
"(I) freeze the assets held by such individuals or businesses
in each such member state; and
"(II) restrict the entry or transit of such officials through
each such member state;
"(7) the President should impose targeted sanctions, including
a ban on travel and the freezing of assets, on those officials of
the Government of Sudan, including military officials, and other
individuals who have planned or carried out, or otherwise been
involved in the policy of genocide in the Darfur region, and
should also freeze the assets of businesses controlled by the
Government of Sudan or the National Congress Party;
"(8) the Government of the United States should not normalize
relations with Sudan, including through the lifting of any
sanctions, until the Government of Sudan agrees to, and takes
demonstrable steps to implement, peace agreements for all areas
of Sudan, including the Darfur region;
"(9) those individuals found to be involved in the planning or
carrying out of genocide, war crimes, or crimes against humanity
should not hold leadership positions in the Government of Sudan
or the coalition government established pursuant to the
agreements reached in the Nairobi Declaration on the Final Phase
of Peace in the Sudan; and
"(10) the Government of Sudan has a primary responsibility to
guarantee the safety and welfare of its citizens, which includes
allowing them access to humanitarian assistance and providing
them protection from violence.
"SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.
"[Amended Pub. L. 107-245, set out below.]
"SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
"(a) Sanctions. - Beginning on the date that is 30 days after the
date of enactment of this Act [Dec. 23, 2004], the President shall,
notwithstanding paragraph (1) of section 6(b) of the Sudan Peace
Act [Pub. L. 107-245] (50 U.S.C. 1701 note), implement the measures
set forth in subparagraphs (A) through (D) of paragraph (2) of such
section.
"(b) Blocking of Assets. - Beginning on the date that is 30 days
after the date of enactment of this Act, the President shall,
consistent with the authorities granted in the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block the
assets of appropriate senior officials of the Government of Sudan.
"(c) Waiver. - The President may waive the application of
subsection (a) or (b) if the President determines and certifies to
the appropriate congressional committees that such a waiver is in
the national interest of the United States.
"(d) Continuation of Restrictions. - Restrictions against the
Government of Sudan that were imposed pursuant to title III and
sections 508, 512, and 527 of the Foreign Operations, Export
Financing, and Related Programs Act, 2004 (division D of Public Law
108-199; 118 Stat. 143 [162, 169, 170, 177]), or any other similar
provision of law, shall remain in effect against the Government of
Sudan and may not be lifted pursuant to such provisions of law
unless the President transmits a certification to the appropriate
congressional committees in accordance with paragraph (2) of
section 12(a) of the Sudan Peace Act (as added by section 5(a)(1)
of this Act).
"(e) Determination. - Notwithstanding subsection (a) of this
section, the President shall continue to transmit the determination
required under section 6(b)(1)(A) of the Sudan Peace Act (50 U.S.C.
1701 note).
"SEC. 7. ADDITIONAL AUTHORITIES.
"Notwithstanding any other provision of law, the President is
authorized to provide assistance, other than military assistance,
to areas that were outside of the control of the Government of
Sudan on April 8, 2004, including to provide assistance for
emergency relief, development and governance, or to implement any
program in support of any viable peace agreement at the local,
regional, or national level in Sudan.
"SEC. 8. TECHNICAL CORRECTION.
"[Amended section 288f-2 of Title 22, Foreign Relations and
Intercourse.]"
Pub. L. 107-245, Oct. 21, 2002, 116 Stat. 1504, as amended by
Pub. L. 108-497, Sec. 5, Dec. 23, 2004, 118 Stat. 4016, provided
that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Sudan Peace Act'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) The Government of Sudan has intensified its prosecution of
the war against areas outside of its control, which has already
cost more than 2,000,000 lives and has displaced more than
4,000,000 people.
"(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of human
rights, and a self-sustaining Sudan.
"(3) Continued strengthening and reform of humanitarian relief
operations in Sudan is an essential element in the effort to
bring an end to the war.
"(4) Continued leadership by the United States is critical.
"(5) Regardless of the future political status of the areas of
Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people
and to meaningful progress toward a viable peace process. It is
critical that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
"(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing
human suffering and the effectiveness of this tactic.
"(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding and
enslaving parties in areas outside of the control of the
Government of Sudan in an effort to disrupt severely the ability
of the populations in those areas to sustain themselves. The
tactic helps minimize the Government of Sudan's accountability
internationally.
"(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside of its control.
"(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the Government
of Sudan to starve targeted groups and subdue areas of Sudan
outside of the Government's control.
"(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of
Genocide (78 U.N.T.S. 277).
"(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS
have played a critical role in addressing the deficiencies in OLS
and offset the Government of Sudan's manipulation of food
donations to advantage in the civil war in Sudan.
"(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
"(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
"(14) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the immediate
food needs of the recipients, the current international relief
operations are neither sustainable nor desirable in the long
term.
"(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of Sudan
has been severely compromised by the disengagement of the front-
line states of Ethiopia, Eritrea, and Uganda, fostering the
belief among officials of the Government of Sudan that success on
the battlefield can be achieved.
"(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including -
"(A) the multilateralization of economic and diplomatic tools
to compel the Government of Sudan to enter into a good faith
peace process;
"(B) the support or creation of viable democratic civil
authority and institutions in areas of Sudan outside of
government control;
"(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside of
government control;
"(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
"(E) cooperation among the trading partners of the United
States and within multilateral institutions toward those ends.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
"(2) Government of sudan. - Except as provided in section 12,
the term 'Government of Sudan' means the National Islamic Front
government in Khartoum, Sudan.
"(3) OLS. - The term 'OLS' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as 'Operation Lifeline
Sudan'.
"(4) SPLM. - The term 'SPLM' means the Sudan People's
Liberation Movement.
"SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND
TACTICS OF THE GOVERNMENT OF SUDAN.
"The Congress hereby -
"(1) condemns -
"(A) violations of human rights on all sides of the conflict
in Sudan;
"(B) the Government of Sudan's overall human rights record,
with regard to both the prosecution of the war and the denial
of basic human and political rights to all Sudanese;
"(C) the ongoing slave trade in Sudan and the role of the
Government of Sudan in abetting and tolerating the practice;
"(D) the Government of Sudan's use and organization of
'murahalliin' or 'mujahadeen', Popular Defense Forces, and
regular Sudanese Army units into organized and coordinated
raiding and slaving parties in Bahr al Ghazal, the Nuba
Mountains, and the Upper Nile and the Blue Nile regions; and
"(E) aerial bombardment of civilian targets that is sponsored
by the Government of Sudan; and
"(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food shortages
and is used as a systematic means to destroy the societies,
culture, and economies of the Dinka, Nuer, and Nuba peoples in a
policy of low-intensity ethnic cleansing.
"SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
"(a) Assistance to Sudan. - The President is authorized to
provide increased assistance to the areas of Sudan that are not
controlled by the Government of Sudan to prepare the population for
peace and democratic governance, including support for civil
administration, communications infrastructure, education, health,
and agriculture.
"(b) Authorization of Appropriations. -
"(1) In general. - There are authorized to be appropriated to
the President to carry out the activities described in subsection
(a) of this section $100,000,000 for each of the fiscal years
2003, 2004, and 2005.
"(2) Availability. - Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
"SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
"(a) Findings. - Congress hereby -
"(1) recognizes that -
"(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
"(B) resolution to the conflict in Sudan is best made through
a peace process based on the Declaration of Principles reached
in Nairobi, Kenya, on July 20, 1994, and on the Machakos
Protocol in July 2002; and
"(2) commends the efforts of Special Presidential Envoy,
Senator Danforth and his team in working to assist the parties to
the conflict in Sudan in finding a just, permanent peace to the
conflict in Sudan.
"(b) Measures of Certain Conditions Not Met. -
"(1) Presidential determination. -
"(A) The President shall make a determination and certify in
writing to the appropriate congressional committees within 6
months after the date of enactment of this Act [Oct. 21, 2002],
and each 6 months thereafter, that the Government of Sudan and
the Sudan People's Liberation Movement are negotiating in good
faith and that negotiations should continue.
"(B) If, under subparagraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Government of Sudan has not engaged in good
faith negotiations to achieve a permanent, just, and equitable
peace agreement, or has unreasonably interfered with
humanitarian efforts, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
"(C) If, under paragraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a permanent,
just, and equitable peace agreement, then paragraph (2) shall
not apply to the Government of Sudan.
"(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is not in
compliance with the terms of a permanent peace agreement
between the Government of Sudan and the Sudan People's
Liberation Movement, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
"(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes a
determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan has
resumed good faith negotiations, or makes a determination and
certifies in writing to the appropriate congressional
committees that the Government of Sudan is in compliance with a
peace agreement, then paragraph (2) shall not apply to the
Government of Sudan.
"(2) Measures in support of the peace process. - Subject to the
provisions of paragraph (1), the President -
"(A) shall, through the Secretary of the Treasury, instruct
the United States executive directors to each international
financial institution to continue to vote against and actively
oppose any extension by the respective institution of any loan,
credit, or guarantee to the Government of Sudan;
"(B) should consider downgrading or suspending diplomatic
relations between the United States and the Government of
Sudan;
"(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Government
of Sudan access to oil revenues to ensure that the Government
of Sudan neither directly nor indirectly utilizes any oil
revenues to purchase or acquire military equipment or to
finance any military activities; and
"(D) shall seek a United Nations Security Council Resolution
to impose an arms embargo on the Government of Sudan.
"(c) Report on the Status of Negotiations. - If, at any time
after the President has made a certification under subsection
(b)(1)(A), the Government of Sudan discontinues negotiations with
the Sudan People's Liberation Movement for a 14-day period, then
the President shall submit a quarterly report to the appropriate
congressional committees on the status of the peace process until
negotiations resume.
"(d) Report on United States Opposition To Financing by
International Financial Institutions. - The Secretary of the
Treasury shall submit a semiannual report to the appropriate
congressional committees describing the steps taken by the United
States to oppose the extension of a loan, credit, or guarantee if,
after the Secretary of the Treasury gives the instructions
described in subsection (b)(2)(A), such financing is extended.
"(e) Report on Efforts To Deny Oil Revenues. - Not later than 45
days after the President takes an action under subsection
(b)(2)(C), the President shall submit to the appropriate
congressional committees a comprehensive plan for implementing the
actions described in such subsection.
"(f) Definition. - In this section, the term 'international
financial institution' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Monetary Fund, the African
Development Bank, and the African Development Fund.
"SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
"It is the sense of Congress that -
"(1) the United Nations should help facilitate peace and
recovery in Sudan;
"(2) the President, acting through the United States Permanent
Representative to the United Nations, should seek to end the veto
power of the Government of Sudan over the plans by OLS for air
transport relief flights and, by doing so, to end the
manipulation of the delivery of relief supplies to the advantage
of the Government of Sudan on the battlefield; and
"(3) the President should take appropriate measures, including
the implementation of recommendations of the International
Eminent Persons Commission contained in the report issued on May
22, 2002, to end slavery and aerial bombardment of civilians by
the Government of Sudan.
"SEC. 8. REPORTING REQUIREMENTS.
"(a) Report on Commercial Activity. - Not later than 30 days
after the date of the enactment of the Comprehensive Peace in Sudan
Act of 2004 [Dec. 23, 2004], and annually thereafter until the
completion of the interim period outlined in the Machakos Protocol
of 2002, the Secretary of State, in consultation with relevant
United States Government departments and agencies, shall submit to
the appropriate congressional committees a report regarding
commercial activity in Sudan that includes -
"(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for
oil exploitation, the effects of such financing and construction
on the inhabitants of the regions in which the oil fields are
located and the ability of the Government of Sudan to finance the
war in Sudan with the proceeds of the oil exploitation;
"(2) a description of the extent to which that financing was
secured in the United States or with the involvement of United
States citizens; and
"(3) a description of the relationships between Sudan's arms
industry and major foreign business enterprises and their
subsidiaries, including government-controlled entities.
"(b) Report on the Conflict in Sudan, Including the Darfur
Region. - Not later than 30 days after the date of the enactment of
the Comprehensive Peace in Sudan Act of 2004 [Dec. 23, 2004], and
annually thereafter until the completion of the interim period
outlined in the Machakos Protocol of 2002, the Secretary of State
shall prepare and submit to the appropriate congressional
committees a report regarding the conflict in Sudan, including the
conflict in the Darfur region. Such report shall include -
"(1) the best estimates of the extent of aerial bombardment of
civilian centers in Sudan by the Government of Sudan, including
targets, frequency, and best estimates of damage; and
"(2) a description of the extent to which humanitarian relief
in Sudan has been obstructed or manipulated by the Government of
Sudan or other forces, and a contingency plan to distribute
assistance should the Government of Sudan continue to obstruct or
delay the international humanitarian response to the crisis in
Darfur.
"(c) Disclosure to the Public. - The Secretary of State shall
publish or otherwise make available to the public each unclassified
report, or portion of a report that is unclassified, submitted
under subsection (a) or (b).
"SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF
EFFORTS.
"(a) Sense of Congress. - It is the sense of the Congress that
the President should continue to increase the use of non-OLS
agencies in the distribution of relief supplies in southern Sudan.
"(b) Report. - Not later than 90 days after the date of enactment
of this Act [Oct. 21, 2002], the President shall submit to the
appropriate congressional committees a detailed report describing
the progress made toward carrying out subsection (a).
"SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF
FLIGHTS.
"(a) Plan. - The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary,
the greatest possible amount of United States Government and
privately donated relief to all affected areas in Sudan, including
the Nuba Mountains and the Upper Nile and the Blue Nile regions, in
the event that the Government of Sudan imposes a total, partial, or
incremental ban on OLS air transport relief flights.
"(b) Reprogramming Authority. - Notwithstanding any other
provision of law, in carrying out the plan developed under
subsection (a), the President may reprogram up to 100 percent of
the funds available for support of OLS operations for the purposes
of the plan.
"SEC. 11. INVESTIGATION OF WAR CRIMES.
"(a) In General. - The Secretary of State shall collect
information about incidents which may constitute crimes against
humanity, genocide, war crimes, and other violations of
international humanitarian law by all parties to the conflict in
Sudan, including slavery, rape, and aerial bombardment of civilian
targets.
"(b) Report. - Not later than 6 months after the date of the
enactment of this Act [Oct. 21, 2002] and annually thereafter, the
Secretary of State shall prepare and submit to the appropriate
congressional committees a detailed report on the information that
the Secretary of State has collected under subsection (a) and any
findings or determinations made by the Secretary on the basis of
that information. The report under this subsection may be submitted
as part of the report required under section 8.
"(c) Consultations With Other Departments. - In preparing the
report required by this section, the Secretary of State shall
consult and coordinate with all other Government officials who have
information necessary to complete the report. Nothing contained in
this section shall require the disclosure, on a classified or
unclassified basis, of information that would jeopardize sensitive
sources and methods or other vital national security interests.
"SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR
COMPREHENSIVE PEACE IN SUDAN.
"(a) Assistance. -
"(1) Authority. - Notwithstanding any other provision of law,
the President is authorized to provide assistance for Sudan as
authorized in paragraph (5) of this section -
"(A) subject to the requirements of this section, to support
the implementation of a comprehensive peace agreement that
applies to all regions of Sudan, including the Darfur region;
and
"(B) to address the humanitarian and human rights crisis in
the Darfur region and eastern Chad, including to support the
African Union mission in the Darfur region, provided that no
assistance may be made available to the Government of Sudan.
"(2) Certification for the government of sudan. - Assistance
authorized under paragraph (1)(A) may be provided to the
Government of Sudan only if the President certifies to the
appropriate congressional committees that the Government of Sudan
has taken demonstrable steps to -
"(A) ensure that the armed forces of Sudan and any associated
militias are not committing atrocities or obstructing human
rights monitors or the provision of humanitarian assistance;
"(B) demobilize and disarm militias supported or created by
the Government of Sudan;
"(C) allow full and unfettered humanitarian assistance to all
regions of Sudan, including the Darfur region;
"(D) allow an international commission of inquiry to conduct
an investigation of atrocities in the Darfur region, in a
manner consistent with United Nations Security Council
Resolution 1564 (September 18, 2004), to investigate reports of
violations of international humanitarian law and human rights
law in the Darfur region by all parties, to determine also
whether or not acts of genocide have occurred and to identify
the perpetrators of such violations with a view to ensuring
that those responsible are held accountable;
"(E) cooperate fully with the African Union, the United
Nations, and all other observer, monitoring, and protection
missions mandated to operate in Sudan;
"(F) permit the safe and voluntary return of displaced
persons and refugees to their homes and rebuild the communities
destroyed in the violence; and
"(G) implement the final agreements reached in the Naivasha
peace process and install a new coalition government based on
the Nairobi Declaration on the Final Phase of Peace in the
Sudan signed on June 5, 2004.
"(3) Certification with regard to splm's compliance with a
peace agreement. - If the President determines and certifies in
writing to the appropriate congressional committees that the SPLM
has not engaged in good faith negotiations, or has failed to
honor the agreements signed, the President shall suspend
assistance authorized in this section for the SPLM, except for
health care, education, and humanitarian assistance.
"(4) Suspension of assistance. - If, on a date after the
President transmits the certification described in paragraph (2),
the President determines that the Government of Sudan has ceased
taking the actions described in such paragraph, the President
shall immediately suspend the provision of any assistance to such
Government under this section until the date on which the
President transmits to the appropriate congressional committees a
further certification that the Government of Sudan has resumed
taking such actions.
"(5) Authorization of appropriations. -
"(A) In general. - In addition to any other funds otherwise
available for such purposes, there are authorized to be
appropriated to the President -
"(i) $100,000,000 for fiscal year 2005, and such sums as
may be necessary for each of the fiscal years 2006 and 2007,
unless otherwise authorized, to carry out paragraph (1)(A);
and
"(ii) $200,000,000 for fiscal year 2005 to carry out
paragraph (1)(B), provided that no amounts appropriated under
this authorization may be made available for the Government
of Sudan.
"(B) Availability. - Amounts appropriated pursuant to the
authorization of appropriations under subparagraph (A) are
authorized to remain available until expended.
"(b) Government of Sudan Defined. - In this section, the term
'Government of Sudan' means the National Congress Party, formerly
known as the National Islamic Front, government in Khartoum, Sudan,
or any successor government formed on or after the date of the
enactment of the Comprehensive Peace in Sudan Act [of 2004, Dec.
23, 2004] (other than the coalition government agreed upon in the
Nairobi Declaration on the Final Phase of Peace in the Sudan signed
on June 5, 2004)."
DELEGATION OF CERTAIN FUNCTIONS RELATED TO THE SUDAN PEACE ACT
Memorandum of President of the United States, Oct. 21, 2004, 69
F.R. 63039, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me as President by the
Constitution and the laws of the United States, including section
301 of title 3, United States Code, I hereby delegate to you the
determination, certification, and reporting functions conferred
upon the President by sections 6(b)(1) and 6(c) of the Sudan Peace
Act (Public Law 107-245) [set out above].
You are authorized and directed to publish this memorandum in the
Federal Register.
George W. Bush.
Memorandum of President of the United States, Mar. 14, 2005, 70
F.R. 14967, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me as President by the
Constitution and the laws of the United States, including section
301 of title 3, United States Code, I hereby delegate to you the
reporting function conferred upon the President by section 6(e) of
the Sudan Peace Act (Public Law 107-245) [set out above].
You are authorized and directed to publish this memorandum in the
Federal Register.
George W. Bush.
PRESIDENTIAL DETERMINATION ON THE SUDAN PEACE ACT
Determination of President of the United States, No. 2004-29,
Apr. 21, 2004, 69 F.R. 24905, provided:
Memorandum for the Secretary of State
Consistent with section 6(b)(1)(A) of the Sudan Peace Act (Public
Law 107-245) [set out above], I hereby determine and certify that
the Government of Sudan and the Sudan People's Liberation Movement
are negotiating in good faith and that negotiations should
continue.
You are authorized and directed to notify the Congress of this
determination and to arrange for its publication in the Federal
Register.
George W. Bush.
Prior determinations and certifications were contained in the
following:
Determination of President of the United States, No. 2004-05,
Oct. 21, 2003, 68 F.R. 63977.
Determination of President of the United States, No. 2003-21,
Apr. 21, 2003, 68 F.R. 20329.
ASSISTANCE EFFORTS IN SUDAN
Pub. L. 108-199, div. D, title V, Sec. 534(j), Jan. 23, 2004, 118
Stat. 182, provided that: "For the purposes of section 501 of
Public Law 106-570 [set out below], the terms 'areas outside of
control of the Government of Sudan' and 'area in Sudan outside of
control of the Government of Sudan' shall, upon conclusion of a
peace agreement between the Government of Sudan and the Sudan
People's Liberation Movement, have the same meaning and application
as was the case immediately prior to the conclusion of such
agreement."
Pub. L. 106-570, title V, Sec. 501, Dec. 27, 2000, 114 Stat.
3050, provided that:
"(a) Additional Authorities. - Notwithstanding any other
provision of law, the President is authorized to undertake
appropriate programs using Federal agencies, contractual
arrangements, or direct support of indigenous groups, agencies, or
organizations in areas outside of control of the Government of
Sudan in an effort to provide emergency relief, promote economic
self-sufficiency, build civil authority, provide education, enhance
rule of law and the development of judicial and legal frameworks,
support people-to-people reconciliation efforts, or implement any
program in support of any viable peace agreement at the local,
regional, or national level in Sudan.
"(b) Exception to Export Prohibitions. - Notwithstanding any
other provision of law, the prohibitions set forth with respect to
Sudan in Executive Order No. 13067 of November 3, 1997 (62 Fed.
Register 59989) [set out below] shall not apply to any export from
an area in Sudan outside of control of the Government of Sudan, or
to any necessary transaction directly related to that export, if
the President determines that the export or related transaction, as
the case may be, would directly benefit the economic development of
that area and its people."
IRAN AND SYRIA NONPROLIFERATION
Pub. L. 106-178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub.
L. 107-228, div. B, title XIII, Sec. 1306, Sept. 30, 2002, 116
Stat. 1438; Pub. L. 109-112, Secs. 3-4(e)(1), Nov. 22, 2005, 119
Stat. 2368, 2369, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iran and Syria Nonproliferation
Act'.
"SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN AND SYRIA.
"(a) Reports. - The President shall, at the times specified in
subsection (b), submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report identifying every foreign person
with respect to whom there is credible information indicating that
that person, on or after January 1, 1999, transferred to or
acquired from Iran, or on or after January 1, 2005, transferred to
or acquired from Syria -
"(1) goods, services, or technology listed on -
"(A) the Nuclear Suppliers Group Guidelines for the Export of
Nuclear Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and
Guidelines for Transfers of Nuclear-Related Dual-Use Equipment,
Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions);
"(B) the Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent revisions;
"(C) the lists of items and substances relating to biological
and chemical weapons the export of which is controlled by the
Australia Group;
"(D) the Schedule One or Schedule Two list of toxic chemicals
and precursors the export of which is controlled pursuant to
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction; or
"(E) the Wassenaar Arrangement list of Dual Use Goods and
Technologies and Munitions list of July 12, 1996, and
subsequent revisions; or
"(2) goods, services, or technology not listed on any list
identified in paragraph (1) but which nevertheless would be, if
they were United States goods, services, or technology,
prohibited for export to Iran or Syria, as the case may be,
because of their potential to make a material contribution to the
development of nuclear, biological, or chemical weapons, or of
ballistic or cruise missile systems.
"(b) Timing of Reports. - The reports under subsection (a) shall
be submitted not later than 90 days after the date of the enactment
of this Act [Mar. 14, 2000], not later than 6 months after such
date of enactment, and not later than the end of each 6-month
period thereafter.
"(c) Exceptions. - Any foreign person who -
"(1) was identified in a previous report submitted under
subsection (a) on account of a particular transfer; or
"(2) has engaged in a transfer on behalf of, or in concert
with, the Government of the United States,
is not required to be identified on account of that same transfer
in any report submitted thereafter under this section, except to
the degree that new information has emerged indicating that the
particular transfer may have continued, or been larger, more
significant, or different in nature than previously reported under
this section.
"(d) Submission in Classified Form. - When the President
considers it appropriate, reports submitted under subsection (a),
or appropriate parts thereof, may be submitted in classified form.
"(e) Content of Reports. - Each report under subsection (a) shall
contain, with respect to each foreign person identified in such
report, a brief description of the type and quantity of the goods,
services, or technology transferred by that person to Iran, the
circumstances surrounding the transfer, the usefulness of the
transfer to Iranian weapons programs, and the probable awareness or
lack thereof of the transfer on the part of the government with
primary jurisdiction over the person.
"SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
"(a) Application of Measures. - Subject to sections 4 and 5, the
President is authorized to apply with respect to each foreign
person identified in a report submitted pursuant to section 2(a),
for such period of time as he may determine, any or all of the
measures described in subsection (b).
"(b) Description of Measures. - The measures referred to in
subsection (a) are the following:
"(1) Executive order no. 12938 prohibitions. - The measures set
forth in subsections (b) and (c) of section 4 of Executive Order
No. 12938.
"(2) Arms export prohibition. - Prohibition on United States
Government sales to that foreign person of any item on the United
States Munitions List as in effect on August 8, 1995, and
termination of sales to that person of any defense articles,
defense services, or design and construction services under the
Arms Export Control Act [22 U.S.C. 2751 et seq.].
"(3) Dual use export prohibition. - Denial of licenses and
suspension of existing licenses for the transfer to that person
of items the export of which is controlled under the Export
Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] or the
Export Administration Regulations.
"(c) Effective Date of Measures. - Measures applied pursuant to
subsection (a) shall be effective with respect to a foreign person
no later than -
"(1) 90 days after the report identifying the foreign person is
submitted, if the report is submitted on or before the date
required by section 2(b);
"(2) 90 days after the date required by section 2(b) for
submitting the report, if the report identifying the foreign
person is submitted within 60 days after that date; or
"(3) on the date that the report identifying the foreign person
is submitted, if that report is submitted more than 60 days after
the date required by section 2(b).
"(d) Publication in Federal Register. - The application of
measures to a foreign person pursuant to subsection (a) shall be
announced by notice published in the Federal Register.
"SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
"(a) Requirement To Notify Congress. - Should the President not
exercise the authority of section 3(a) to apply any or all of the
measures described in section 3(b) with respect to a foreign person
identified in a report submitted pursuant to section 2(a), he shall
so notify the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate no later than the effective date under section 3(c) for
measures with respect to that person.
"(b) Written Justification. - Any notification submitted by the
President under subsection (a) shall include a written
justification describing in detail the facts and circumstances
relating specifically to the foreign person identified in a report
submitted pursuant to section 2(a) that support the President's
decision not to exercise the authority of section 3(a) with respect
to that person.
"(c) Submission in Classified Form. - When the President
considers it appropriate, the notification of the President under
subsection (a), and the written justification under subsection (b),
or appropriate parts thereof, may be submitted in classified form.
"SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3
AND 4.
"(a) In General. - Sections 3 and 4 shall not apply to a foreign
person 15 days after the President reports to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that the President has
determined, on the basis of information provided by that person, or
otherwise obtained by the President, that -
"(1) the person did not, on or after January 1, 1999, knowingly
transfer to or acquire from Iran or Syria, as the case may be,
the goods, services, or technology the apparent transfer of which
caused that person to be identified in a report submitted
pursuant to section 2(a);
"(2) the goods, services, or technology the transfer of which
caused that person to be identified in a report submitted
pursuant to section 2(a) did not materially contribute to the
efforts of Iran or Syria, as the case may be, to develop nuclear,
biological, or chemical weapons, or ballistic or cruise missile
systems, or weapons listed on the Wassenaar Arrangement Munitions
List of July 12, 1996, or any subsequent revision of that list;
"(3) the person is subject to the primary jurisdiction of a
government that is an adherent to one or more relevant
nonproliferation regimes, the person was identified in a report
submitted pursuant to section 2(a) with respect to a transfer of
goods, services, or technology described in section 2(a)(1), and
such transfer was made consistent with the guidelines and
parameters of all such relevant regimes of which such government
is an adherent; or
"(4) the government with primary jurisdiction over the person
has imposed meaningful penalties on that person on account of the
transfer of the goods, services, or technology which caused that
person to be identified in a report submitted pursuant to section
2(a).
"(b) Opportunity To Provide Information. - Congress urges the
President -
"(1) in every appropriate case, to contact in a timely fashion
each foreign person identified in each report submitted pursuant
to section 2(a), or the government with primary jurisdiction over
such person, in order to afford such person, or governments, the
opportunity to provide explanatory, exculpatory, or other
additional information with respect to the transfer that caused
such person to be identified in a report submitted pursuant to
section 2(a); and
"(2) to exercise the authority in subsection (a) in all cases
where information obtained from a foreign person identified in a
report submitted pursuant to section 2(a), or from the government
with primary jurisdiction over such person, establishes that the
exercise of such authority is warranted.
"(c) Submission in Classified Form. - When the President
considers it appropriate, the determination and report of the
President under subsection (a), or appropriate parts thereof, may
be submitted in classified form.
"SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH
THE INTERNATIONAL SPACE STATION.
"(a) Restriction on Extraordinary Payments in Connection With the
International Space Station. - Notwithstanding any other provision
of law, no agency of the United States Government may make
extraordinary payments in connection with the International Space
Station to the Russian Aviation and Space Agency, any organization
or entity under the jurisdiction or control of the Russian Aviation
and Space Agency, or any other organization, entity, or element of
the Government of the Russian Federation, unless, during the fiscal
year in which the extraordinary payments in connection with the
International Space Station are to be made, the President has made
the determination described in subsection (b), and reported such
determination to the Committee on International Relations and the
Committee on Science of the House of Representatives and the
Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate.
"(b) Determination Regarding Russian Cooperation in Preventing
Proliferation Relating to Iran and Syria. - The determination
referred to in subsection (a) is a determination by the President
that -
"(1) it is the policy of the Government of the Russian
Federation to oppose the proliferation to or from Iran and Syria
of weapons of mass destruction and missile systems capable of
delivering such weapons;
"(2) the Government of the Russian Federation (including the
law enforcement, export promotion, export control, and
intelligence agencies of such government) has demonstrated and
continues to demonstrate a sustained commitment to seek out and
prevent the transfer to or from Iran and Syria of goods,
services, and technology that could make a material contribution
to the development of nuclear, biological, or chemical weapons,
or of ballistic or cruise missile systems; and
"(3) neither the Russian Aviation and Space Agency, nor any
organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency, has, during the 1-year period
prior to the date of the determination pursuant to this
subsection, made transfers to or from Iran or Syria reportable
under section 2(a) of this Act (other than transfers with respect
to which a determination pursuant to section 5 has been or will
be made).
"(c) Prior Notification. - Not less than 5 days before making a
determination under subsection (b), the President shall notify the
Committee on International Relations and the Committee on Science
of the House of Representatives and the Committee on Foreign
Relations and the Committee on Commerce, Science, and
Transportation of the Senate of his intention to make such
determination.
"(d) Written Justification. - A determination of the President
under subsection (b) shall include a written justification
describing in detail the facts and circumstances supporting the
President's conclusion.
"(e) Submission in Classified Form. - When the President
considers it appropriate, a determination of the President under
subsection (b), a prior notification under subsection (c), and a
written justification under subsection (d), or appropriate parts
thereof, may be submitted in classified form.
"(f) Exception for Crew Safety. -
"(1) Exception. - The National Aeronautics and Space
Administration may make extraordinary payments that would
otherwise be prohibited under this section to the Russian
Aviation and Space Agency or any organization or entity under the
jurisdiction or control of the Russian Aviation and Space Agency
if the President has notified the Congress in writing that such
payments are necessary to prevent the imminent loss of life by or
grievous injury to individuals aboard the International Space
Station.
"(2) Report. - Not later than 30 days after notifying Congress
that the National Aeronautics and Space Administration will make
extraordinary payments under paragraph (1), the President shall
submit to Congress a report describing -
"(A) the extent to which the provisions of subsection (b) had
been met as of the date of notification; and
"(B) the measures that the National Aeronautics and Space
Administration is taking to ensure that -
"(i) the conditions posing a threat of imminent loss of
life by or grievous injury to individuals aboard the
International Space Station necessitating the extraordinary
payments are not repeated; and
"(ii) it is no longer necessary to make extraordinary
payments in order to prevent imminent loss of life by or
grievous injury to individuals aboard the International Space
Station.
"(g) Service Module Exception. -
"(1) The National Aeronautics and Space Administration may make
extraordinary payments that would otherwise be prohibited under
this section to the Russian Aviation and Space Agency, any
organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency, or any subcontractor thereof
for the construction, testing, preparation, delivery, launch, or
maintenance of the Service Module, and for the purchase (at a
total cost not to exceed $14,000,000) of the pressure dome for
the Interim Control Module and the Androgynous Peripheral Docking
Adapter and related hardware for the United States propulsion
module, if -
"(A) the President has notified Congress at least 5 days
before making such payments;
"(B) no report has been made under section 2 with respect to
an activity of the entity to receive such payment, and the
President has no credible information of any activity that
would require such a report; and
"(C) the United States will receive goods or services of
value to the United States commensurate with the value of the
extraordinary payments made.
"(2) For purposes of this subsection, the term 'maintenance'
means activities which cannot be performed by the National
Aeronautics and Space Administration and which must be performed
in order for the Service Module to provide environmental control,
life support, and orbital maintenance functions which cannot be
performed by an alternative means at the time of payment.
"(3) This subsection shall cease to be effective 60 days after
a United States propulsion module is in place at the
International Space Station.
"(h) Exception. - Notwithstanding subsections (a) and (b), no
agency of the United States Government may make extraordinary
payments in connection with the International Space Station, or any
other payments in connection with the International Space Station,
to any foreign person subject to measures applied pursuant to -
"(1) section 3 of this Act; or
"(2) section 4 of Executive Order No. 12938 (November 14,
1994), as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the
agency of the United States Government anticipates that such
payments will be passed on to such a foreign person.
"(i) Report on Certain Payments Related to International Space
Station. -
"(1) In general. - The President shall, together with each
report submitted under section 2(a), submit to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives a report
that identifies each Russian entity or person to whom the United
States Government has, since the date of the enactment of the
Iran Nonproliferation Amendments Act of 2005 [Nov. 22, 2005],
made a payment in cash or in kind for work to be performed or
services to be rendered under the Agreement Concerning
Cooperation on the Civil International Space Station, with annex,
signed at Washington January 29, 1998, and entered into force
March 27, 2001, or any protocol, agreement, memorandum of
understanding, or contract related thereto.
"(2) Content. - Each report submitted under paragraph (1) shall
include -
"(A) the specific purpose of each payment made to each entity
or person identified in the report; and
"(B) with respect to each such payment, the assessment of the
President that the payment was not prejudicial to the
achievement of the objectives of the United States Government
to prevent the proliferation of ballistic or cruise missile
systems in Iran and other countries that have repeatedly
provided support for acts of international terrorism, as
determined by the Secretary of State under section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section
6(j) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).
"SEC. 7. DEFINITIONS.
"For purposes of this Act, the following terms have the following
meanings:
"(1) Extraordinary payments in connection with the
international space station. - The term 'extraordinary payments
in connection with the International Space Station' means
payments in cash or in kind made or to be made by the United
States Government -
"(A) for work on the International Space Station which the
Russian Government pledged at any time to provide at its
expense; or
"(B) for work on the International Space Station, or for the
purchase of goods or services relating to human space flight,
that are not required to be made under the terms of a contract
or other agreement that was in effect on January 1, 1999, as
those terms were in effect on such date,
except that such term does not mean payments in cash or in kind
made or to be made by the United States Government prior to
January 1, 2012, for work to be performed or services to be
rendered prior to that date necessary to meet United States
obligations under the Agreement Concerning Cooperation on the
Civil International Space Station, with annex, signed at
Washington January 29, 1998, and entered into force March 27,
2001, or any protocol, agreement, memorandum of understanding, or
contract related thereto.
"(2) Foreign person; person. - The terms 'foreign person' and
'person' mean -
"(A) a natural person that is an alien;
"(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
"(C) any foreign government, including any foreign
governmental entity; and
"(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (A), (B), or (C), including any
entity in which any entity described in any such subparagraph
owns a controlling interest.
"(3) Executive order no. 12938. - The term 'Executive Order No.
12938' means Executive Order No. 12938 [set out below] as in
effect on January 1, 1999.
"(4) Adherent to relevant nonproliferation regime. - A
government is an 'adherent' to a 'relevant nonproliferation
regime' if that government -
"(A) is a member of the Nuclear Suppliers Group with respect
to a transfer of goods, services, or technology described in
section 2(a)(1)(A);
"(B) is a member of the Missile Technology Control Regime
with respect to a transfer of goods, services, or technology
described in section 2(a)(1)(B), or is a party to a binding
international agreement with the United States that was in
effect on January 1, 1999, to control the transfer of such
goods, services, or technology in accordance with the criteria
and standards set forth in the Missile Technology Control
Regime;
"(C) is a member of the Australia Group with respect to a
transfer of goods, services, or technology described in section
2(a)(1)(C);
"(D) is a party to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction with respect to a transfer of
goods, services, or technology described in section 2(a)(1)(D);
or
"(E) is a member of the Wassenaar Arrangement with respect to
a transfer of goods, services, or technology described in
section 2(a)(1)(E).
"(5) Organization or entity under the jurisdiction or control
of the Russian Aviation and Space Agency. -
"(A) The term 'organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency' means an
organization or entity that -
"(i) was made part of the Russian Space Agency upon its
establishment on February 25, 1992;
"(ii) was transferred to the Russian Space Agency by decree
of the Russian Government on July 25, 1994, or May 12, 1998;
"(iii) was or is transferred to the Russian Aviation and
Space Agency or Russian Space Agency by decree of the Russian
Government at any other time before, on, or after the date of
the enactment of this Act [Mar. 14, 2000]; or
"(iv) is a joint stock company in which the Russian
Aviation and Space Agency or Russian Space Agency has at any
time held controlling interest.
"(B) Any organization or entity described in subparagraph (A)
shall be deemed to be under the jurisdiction or control of the
Russian Aviation and Space Agency regardless of whether -
"(i) such organization or entity, after being part of or
transferred to the Russian Aviation and Space Agency or
Russian Space Agency, is removed from or transferred out of
the Russian Aviation and Space Agency or Russian Space
Agency; or
"(ii) the Russian Aviation and Space Agency or Russian
Space Agency, after holding a controlling interest in such
organization or entity, divests its controlling interest."
[Pub. L. 109-112, Sec. 4(e)(2), Nov. 22, 2005, 119 Stat. 2370,
provided that: "Any reference in a law, regulation, document, or
other record of the United States to the Iran Nonproliferation Act
of 2000 [Pub. L. 106-178, set out above] shall be deemed to be a
reference to the Iran and Syria Nonproliferation Act.]
[Memorandum of President of the United States, Sept. 11, 2000, 65
F.R. 56209, delegated to the Secretary of State functions and
authorities conferred on the President under Pub. L. 106-178, set
out above, with the exception of section 6(f) and (g), from which
were delegated to the Secretary of State only section 6(f)(2)(A)
and (g)(1)(B), with the remaining functions and authorities under
section 6(f) and (g) delegated to the Administrator of the National
Aeronautics and Space Administration, and provided that authorities
and functions delegated by the memorandum could be redelegated.]
APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES
Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998, 112
Stat. 2160, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title
XII, Sec. 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330; Pub. L.
108-375, div. A, title XII, Sec. 1222, Oct. 28, 2004, 118 Stat.
2089, provided that:
"(a) Presidential Authority. -
"(1) In general. - The President may exercise IEEPA authorities
(other than authorities relating to importation) without regard
to section 202 of the International Emergency Economic Powers Act
(50 U.S.C. 1701) in the case of any commercial activity in the
United States by a person that is on the list published under
subsection (b).
"(2) Penalties. - The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
apply to violations of any license, order, or regulation issued
under paragraph (1).
"(3) Ieepa authorities. - For purposes of paragraph (1), the
term 'IEEPA authorities' means the authorities set forth in
section 203(a) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(a)).
"(b) Determination and Reporting of Communist Chinese Military
Companies Operating in United States. -
"(1) Initial determination and reporting. - Not later than
March 1, 2001, the Secretary of Defense shall make a
determination of those persons operating directly or indirectly
in the United States or any of its territories and possessions
that are Communist Chinese military companies and shall submit a
list of those persons in classified and unclassified form to the
following:
"(A) The Committee on Armed Services of the House of
Representatives.
"(B) The Committee on Armed Services of the Senate.
"(C) The Secretary of State.
"(D) The Secretary of the Treasury.
"(E) The Attorney General.
"(F) The Secretary of Commerce.
"(G) The Secretary of Energy.
"(H) The Director of Central Intelligence.
"(2) Annual revisions to the list. - The Secretary of Defense
shall make additions or deletions to the list submitted under
paragraph (1) on an annual basis based on the latest information
available and shall submit the updated list not later than
February 1, each year to the committees and officers specified in
paragraph (1).
"(3) Consultation. - The Secretary of Defense shall consult
with the following officers in carrying out paragraphs (1) and
(2):
"(A) The Attorney General.
"(B) The Director of Central Intelligence.
"(C) The Director of the Federal Bureau of Investigation.
"(4) Communist chinese military company. - For purposes of
making the determination required by paragraph (1) and of
carrying out paragraph (2), the term 'Communist Chinese military
company' means -
"(A) any person identified in the Defense Intelligence Agency
publication numbered VP-1920-271-90, dated September 1990, or
PC-1921-57-95, dated October 1995, and any update of those
publications for the purposes of this section; and
"(B) any other person that -
"(i) is owned or controlled by, or affiliated with, the
People's Liberation Army or a ministry of the government of
the People's Republic of China or that is owned or controlled
by an entity affiliated with the defense industrial base of
the People's Republic of China; and
"(ii) is engaged in providing commercial services,
manufacturing, producing, or exporting.
"(c) People's Liberation Army. - For purposes of this section,
the term 'People's Liberation Army' means the land, naval, and air
military services, the police, and the intelligence services of the
Communist Government of the People's Republic of China, and any
member of any such service or of such police."
[Reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community deemed to be a
reference to the Director of National Intelligence. Reference to
the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency deemed to be a reference to the
Director of the Central Intelligence Agency. See section 1081(a),
(b) of Pub. L. 108-458, set out as a note under section 401 of this
title.]
IRAN AND LIBYA SANCTIONS
Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub.
L. 107-24, Secs. 2(a), 3-5, 115 Stat. 199, 200, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iran and Libya Sanctions Act of
1996'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) The efforts of the Government of Iran to acquire weapons
of mass destruction and the means to deliver them and its support
of acts of international terrorism endanger the national security
and foreign policy interests of the United States and those
countries with which the United States shares common strategic
and foreign policy objectives.
"(2) The objective of preventing the proliferation of weapons
of mass destruction and acts of international terrorism through
existing multilateral and bilateral initiatives requires
additional efforts to deny Iran the financial means to sustain
its nuclear, chemical, biological, and missile weapons programs.
"(3) The Government of Iran uses its diplomatic facilities and
quasi-governmental institutions outside of Iran to promote acts
of international terrorism and assist its nuclear, chemical,
biological, and missile weapons programs.
"(4) The failure of the Government of Libya to comply with
Resolutions 731, 748, and 883 of the Security Council of the
United Nations, its support of international terrorism, and its
efforts to acquire weapons of mass destruction constitute a
threat to international peace and security that endangers the
national security and foreign policy interests of the United
States and those countries with which it shares common strategic
and foreign policy objectives.
"SEC. 3. DECLARATION OF POLICY.
"(a) Policy With Respect to Iran. - The Congress declares that it
is the policy of the United States to deny Iran the ability to
support acts of international terrorism and to fund the development
and acquisition of weapons of mass destruction and the means to
deliver them by limiting the development of Iran's ability to
explore for, extract, refine, or transport by pipeline petroleum
resources of Iran.
"(b) Policy With Respect to Libya. - The Congress further
declares that it is the policy of the United States to seek full
compliance by Libya with its obligations under Resolutions 731,
748, and 883 of the Security Council of the United Nations,
including ending all support for acts of international terrorism
and efforts to develop or acquire weapons of mass destruction.
"SEC. 4. MULTILATERAL REGIME.
"(a) Multilateral Negotiations. - In order to further the
objectives of section 3, the Congress urges the President to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, and bilaterally with
allies of the United States, to establish a multilateral sanctions
regime against Iran, including provisions limiting the development
of petroleum resources, that will inhibit Iran's efforts to carry
out activities described in section 2.
"(b) Reports to Congress. - The President shall report to the
appropriate congressional committees, not later than 1 year after
the date of the enactment of this Act [Aug. 5, 1996], and
periodically thereafter, on the extent that diplomatic efforts
described in subsection (a) have been successful. Each report shall
include -
"(1) the countries that have agreed to undertake measures to
further the objectives of section 3 with respect to Iran, and a
description of those measures; and
"(2) the countries that have not agreed to measures described
in paragraph (1), and, with respect to those countries, other
measures (in addition to that provided in subsection (d)) the
President recommends that the United States take to further the
objectives of section 3 with respect to Iran.
"(c) Waiver. - The President may waive the application of section
5(a) with respect to nationals of a country if -
"(1) that country has agreed to undertake substantial measures,
including economic sanctions, that will inhibit Iran's efforts to
carry out activities described in section 2 and information
required by subsection (b)(1) has been included in a report
submitted under subsection (b); and
"(2) the President, at least 30 days before the waiver takes
effect, notifies the appropriate congressional committees of his
intention to exercise the waiver.
"(d) Enhanced Sanction. -
"(1) Sanction. - With respect to nationals of countries except
those with respect to which the President has exercised the
waiver authority of subsection (c), at any time after the first
report is required to be submitted under subsection (b), section
5(a) shall be applied by substituting '$20,000,000' for
'$40,000,000' each place it appears, and by substituting
'$5,000,000' for '$10,000,000'.
"(2) Report to congress. - The President shall report to the
appropriate congressional committees any country with respect to
which paragraph (1) applies.
"(e) Interim Report on Multilateral Sanctions; Monitoring. - The
President, not later than 90 days after the date of the enactment
of this Act, shall report to the appropriate congressional
committees on -
"(1) whether the member states of the European Union, the
Republic of Korea, Australia, Israel, or Japan have legislative
or administrative standards providing for the imposition of trade
sanctions on persons or their affiliates doing business or having
investments in Iran or Libya;
"(2) the extent and duration of each instance of the
application of such sanctions; and
"(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
"SEC. 5. IMPOSITION OF SANCTIONS.
"(a) Sanctions With Respect to Iran. - Except as provided in
subsection (f), the President shall impose 2 or more of the
sanctions described in paragraphs (1) through (6) of section 6 if
the President determines that a person has, with actual knowledge,
on or after the date of the enactment of this Act [Aug. 5, 1996],
made an investment of $40,000,000 or more (or any combination of
investments of at least $10,000,000 each, which in the aggregate
equals or exceeds $40,000,000 in any 12-month period), that
directly and significantly contributed to the enhancement of Iran's
ability to develop petroleum resources of Iran.
"(b) Mandatory Sanctions With Respect to Libya. -
"(1) Violations of prohibited transactions. - Except as
provided in subsection (f), the President shall impose 2 or more
of the sanctions described in paragraphs (1) through (6) of
section 6 if the President determines that a person has, with
actual knowledge, on or after the date of the enactment of this
Act, exported, transferred, or otherwise provided to Libya any
goods, services, technology, or other items the provision of
which is prohibited under paragraph 4(b) or 5 of Resolution 748
of the Security Council of the United Nations, adopted March 31,
1992, or under paragraph 5 or 6 of Resolution 883 of the Security
Council of the United Nations, adopted November 11, 1993, if the
provision of such items significantly and materially -
"(A) contributed to Libya's ability to acquire chemical,
biological, or nuclear weapons or destabilizing numbers and
types of advanced conventional weapons or enhanced Libya's
military or paramilitary capabilities;
"(B) contributed to Libya's ability to develop its petroleum
resources; or
"(C) contributed to Libya's ability to maintain its aviation
capabilities.
"(2) Investments that contribute to the development of
petroleum resources. - Except as provided in subsection (f), the
President shall impose 2 or more of the sanctions described in
paragraphs (1) through (6) of section 6 if the President
determines that a person has, with actual knowledge, on or after
the date of the enactment of this Act [Aug. 5, 1996], made an
investment of $20,000,000 or more (or any combination of
investments of at least $10,000,000 each, which in the aggregate
equals or exceeds $20,000,000 in any 12-month period), that
directly and significantly contributed to the enhancement of
Libya's ability to develop its petroleum resources.
"(c) Persons Against Which the Sanctions Are To Be Imposed. - The
sanctions described in subsections (a) and (b) shall be imposed on -

"(1) any person the President determines has carried out the
activities described in subsection (a) or (b); and
"(2) any person the President determines -
"(A) is a successor entity to the person referred to in
paragraph (1);
"(B) is a parent or subsidiary of the person referred to in
paragraph (1) if that parent or subsidiary, with actual
knowledge, engaged in the activities referred to in paragraph
(1); or
"(C) is an affiliate of the person referred to in paragraph
(1) if that affiliate, with actual knowledge, engaged in the
activities referred to in paragraph (1) and if that affiliate
is controlled in fact by the person referred to in paragraph
(1).
For purposes of this Act, any person or entity described in this
subsection shall be referred to as a 'sanctioned person'.
"(d) Publication in Federal Register. - The President shall cause
to be published in the Federal Register a current list of persons
and entities on whom sanctions have been imposed under this Act.
The removal of persons or entities from, and the addition of
persons and entities to, the list, shall also be so published.
"(e) Publication of Projects. - The President shall cause to be
published in the Federal Register a list of all significant
projects which have been publicly tendered in the oil and gas
sector in Iran.
"(f) Exceptions. - The President shall not be required to apply
or maintain the sanctions under subsection (a) or (b) -
"(1) in the case of procurement of defense articles or defense
services -
"(A) under existing contracts or subcontracts, including the
exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
"(B) if the President determines in writing that the person
to which the sanctions would otherwise be applied is a sole
source supplier of the defense articles or services, that the
defense articles or services are essential, and that
alternative sources are not readily or reasonably available; or
"(C) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
"(2) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2518(4)), of any foreign country or instrumentality
designated under section 301(b)(1) of that Act (19 U.S.C.
2511(b)(1));
"(3) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person on whom
the sanctions are to be imposed;
"(4) to -
"(A) spare parts which are essential to United States
products or production;
"(B) component parts, but not finished products, essential to
United States products or production; or
"(C) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
"(6) to information and technology essential to United States
products or production; or
"(7) to medicines, medical supplies, or other humanitarian
items.
"SEC. 6. DESCRIPTION OF SANCTIONS.
"The sanctions to be imposed on a sanctioned person under section
5 are as follows:
"(1) Export-import bank assistance for exports to sanctioned
persons. - The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation in
the extension of credit in connection with the export of any
goods or services to any sanctioned person.
"(2) Export sanction. - The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to a sanctioned person under -
"(i) the Export Administration Act of 1979 [50 App. 2401 et
seq.];
"(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];
"(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
seq.]; or
"(iv) any other statute that requires the prior review and
approval of the United States Government as a condition for the
export or reexport of goods or services.
"(3) Loans from united states financial institutions. - The
United States Government may prohibit any United States financial
institution from making loans or providing credits to any
sanctioned person totaling more than $10,000,000 in any 12-month
period unless such person is engaged in activities to relieve
human suffering and the loans or credits are provided for such
activities.
"(4) Prohibitions on financial institutions. - The following
prohibitions may be imposed against a sanctioned person that is a
financial institution:
"(A) Prohibition on designation as primary dealer. - Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, such financial
institution as a primary dealer in United States Government
debt instruments.
"(B) Prohibition on service as a repository of government
funds. - Such financial institution may not serve as agent of
the United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as 1 sanction for purposes of section 5, and the
imposition of both such sanctions shall be treated as 2 sanctions
for purposes of section 5.
"(5) Procurement sanction. - The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from a sanctioned person.
"(6) Additional sanctions. - The President may impose
sanctions, as appropriate, to restrict imports with respect to a
sanctioned person, in accordance with the International Emergency
Economic Powers Act (50 U.S.C. 1701 and following).
"SEC. 7. ADVISORY OPINIONS.
"The Secretary of State may, upon the request of any person,
issue an advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions
under this Act. Any person who relies in good faith on such an
advisory opinion which states that the proposed activity would not
subject a person to such sanctions, and any person who thereafter
engages in such activity, will not be made subject to such
sanctions on account of such activity.
"SEC. 8. TERMINATION OF SANCTIONS.
"(a) Iran. - The requirement under section 5(a) to impose
sanctions shall no longer have force or effect with respect to Iran
if the President determines and certifies to the appropriate
congressional committees that Iran -
"(1) has ceased its efforts to design, develop, manufacture, or
acquire -
"(A) a nuclear explosive device or related materials and
technology;
"(B) chemical and biological weapons; and
"(C) ballistic missiles and ballistic missile launch
technology; and
"(2) has been removed from the list of countries the
governments of which have been determined, for purposes of
section 6(j) of the Export Administration Act of 1979 [50 App.
2405(j)], to have repeatedly provided support for acts of
international terrorism.
"(b) Libya. - The requirement under section 5(b) to impose
sanctions shall no longer have force or effect with respect to
Libya if the President determines and certifies to the appropriate
congressional committees that Libya has fulfilled the requirements
of United Nations Security Council Resolution 731, adopted January
21, 1992, United Nations Security Council Resolution 748, adopted
March 31, 1992, and United Nations Security Council Resolution 883,
adopted November 11, 1993.
"SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
"(a) Delay of Sanctions. -
"(1) Consultations. - If the President makes a determination
described in section 5(a) or 5(b) with respect to a foreign
person, the Congress urges the President to initiate
consultations immediately with the government with primary
jurisdiction over that foreign person with respect to the
imposition of sanctions under this Act.
"(2) Actions by government of jurisdiction. - In order to
pursue consultations under paragraph (1) with the government
concerned, the President may delay imposition of sanctions under
this Act for up to 90 days. Following such consultations, the
President shall immediately impose sanctions unless the President
determines and certifies to the Congress that the government has
taken specific and effective actions, including, as appropriate,
the imposition of appropriate penalties, to terminate the
involvement of the foreign person in the activities that resulted
in the determination by the President under section 5(a) or 5(b)
concerning such person.
"(3) Additional delay in imposition of sanctions. - The
President may delay the imposition of sanctions for up to an
additional 90 days if the President determines and certifies to
the Congress that the government with primary jurisdiction over
the person concerned is in the process of taking the actions
described in paragraph (2).
"(4) Report to congress. - Not later than 90 days after making
a determination under section 5(a) or 5(b), the President shall
submit to the appropriate congressional committees a report on
the status of consultations with the appropriate foreign
government under this subsection, and the basis for any
determination under paragraph (3).
"(b) Duration of Sanctions. - A sanction imposed under section 5
shall remain in effect -
"(1) for a period of not less than 2 years from the date on
which it is imposed; or
"(2) until such time as the President determines and certifies
to the Congress that the person whose activities were the basis
for imposing the sanction is no longer engaging in such
activities and that the President has received reliable
assurances that such person will not knowingly engage in such
activities in the future, except that such sanction shall remain
in effect for a period of at least 1 year.
"(c) Presidential Waiver. -
"(1) Authority. - The President may waive the requirement in
section 5 to impose a sanction or sanctions on a person described
in section 5(c), and may waive the continued imposition of a
sanction or sanctions under subsection (b) of this section, 30
days or more after the President determines and so reports to the
appropriate congressional committees that it is important to the
national interest of the United States to exercise such waiver
authority.
"(2) Contents of report. - Any report under paragraph (1) shall
provide a specific and detailed rationale for the determination
under paragraph (1), including -
"(A) a description of the conduct that resulted in the
determination under section 5(a) or (b), as the case may be;
"(B) in the case of a foreign person, an explanation of the
efforts to secure the cooperation of the government with
primary jurisdiction over the sanctioned person to terminate
or, as appropriate, penalize the activities that resulted in
the determination under section 5(a) or (b), as the case may
be;
"(C) an estimate as to the significance -
"(i) of the provision of the items described in section
5(a) to Iran's ability to develop its petroleum resources, or
"(ii) of the provision of the items described in section
5(b)(1) to the abilities of Libya described in subparagraph
(A), (B), or (C) of section 5(b)(1), or of the investment
described in section 5(b)(2) on Libya's ability to develop
its petroleum resources,
as the case may be; and
"(D) a statement as to the response of the United States in
the event that the person concerned engages in other activities
that would be subject to section 5(a) or (b).
"(3) Effect of report on waiver. - If the President makes a
report under paragraph (1) with respect to a waiver of sanctions
on a person described in section 5(c), sanctions need not be
imposed under section 5(a) or (b) on that person during the 30-
day period referred to in paragraph (1).
"SEC. 10. REPORTS REQUIRED.
"(a) Report on Certain International Initiatives. - Not later
than 6 months after the date of the enactment of this Act [Aug. 5,
1996], and every 6 months thereafter, the President shall transmit
a report to the appropriate congressional committees describing -
"(1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease its
nuclear, chemical, biological, and missile weapons programs and
its support of acts of international terrorism;
"(2) the efforts of the President to persuade other governments
to ask Iran to reduce the presence of Iranian diplomats and
representatives of other government and military or quasi-
governmental institutions of Iran and to withdraw any such
diplomats or representatives who participated in the takeover of
the United States embassy in Tehran on November 4, 1979, or the
subsequent holding of United States hostages for 444 days;
"(3) the extent to which the International Atomic Energy Agency
has established regular inspections of all nuclear facilities in
Iran, including those presently under construction; and
"(4) Iran's use of Iranian diplomats and representatives of
other government and military or quasi-governmental institutions
of Iran to promote acts of international terrorism or to develop
or sustain Iran's nuclear, chemical, biological, and missile
weapons programs.
"(b) Report on Effectiveness of Actions Under This Act. - Not
earlier than 24 months, and not later than 30 months, after the
date of the enactment of the ILSA Extension Act of 2001 [Aug. 3,
2001], the President shall transmit to Congress a report that
describes -
"(1) the extent to which actions relating to trade taken
pursuant to this Act -
"(A) have been effective in achieving the objectives of
section 3 and any other foreign policy or national security
objectives of the United States with respect to Iran and Libya;
and
"(B) have affected humanitarian interests in Iran and Libya,
the country in which the sanctioned person is located, or in
other countries; and
"(2) the impact of actions relating to trade taken pursuant to
this Act on other national security, economic, and foreign policy
interests of the United States, including relations with
countries friendly to the United States, and on the United States
economy.
The President may include in the report the President's
recommendation on whether or not this Act should be terminated or
modified.
"(c) Other Reports. - The President shall ensure the continued
transmittal to the Congress of reports describing -
"(1) the nuclear and other military capabilities of Iran, as
required by section 601(a) of the Nuclear Non-Proliferation Act
of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National
Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102-484
set out below]; and
"(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual report on
international terrorism.
"SEC. 11. DETERMINATIONS NOT REVIEWABLE.
"A determination to impose sanctions under this Act shall not be
reviewable in any court.
"SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
"Nothing in this Act shall apply to any activities subject to the
reporting requirements of title V of the National Security Act of
1947 [50 U.S.C. 413 et seq.].
"SEC. 13. EFFECTIVE DATE; SUNSET.
"(a) Effective Date. - This Act shall take effect on the date of
the enactment of this Act [Aug. 5, 1996].
"(b) Sunset. - This Act shall cease to be effective on the date
that is 10 years after the date of the enactment of this Act.
"SEC. 14. DEFINITIONS.
"As used in this Act:
"(1) Act of international terrorism. - The term 'act of
international terrorism' means an act -
"(A) which is violent or dangerous to human life and that is
a violation of the criminal laws of the United States or of any
State or that would be a criminal violation if committed within
the jurisdiction of the United States or any State; and
"(B) which appears to be intended -
"(i) to intimidate or coerce a civilian population;
"(ii) to influence the policy of a government by
intimidation or coercion; or
"(iii) to affect the conduct of a government by
assassination or kidnapping.
"(2) Appropriate congressional committees. - The term
'appropriate congressional committees' means the Committee on
Finance, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Foreign Relations of the Senate and the
Committee on Ways and Means, the Committee on Banking and
Financial Services [now Committee on Financial Services], and the
Committee on International Relations of the House of
Representatives.
"(3) Component part. - The term 'component part' has the
meaning given that term in section 11A(e)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
"(4) Develop and development. - To 'develop', or the
'development' of, petroleum resources means the exploration for,
or the extraction, refining, or transportation by pipeline of,
petroleum resources.
"(5) Financial institution. - The term 'financial institution'
includes -
"(A) a depository institution (as defined in section 3(c)(1)
of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]),
including a branch or agency of a foreign bank (as defined in
section 1(b)(7) of the International Banking Act of 1978 [12
U.S.C. 3101(b)(7)]);
"(B) a credit union;
"(C) a securities firm, including a broker or dealer;
"(D) an insurance company, including an agency or
underwriter; and
"(E) any other company that provides financial services.
"(6) Finished product. - The term 'finished product' has the
meaning given that term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
"(7) Foreign person. - The term 'foreign person' means -
"(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the United
States; or
"(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
"(8) Goods and technology. - The terms 'goods' and 'technology'
have the meanings given those terms in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415).
"(9) Investment. - The term 'investment' means any of the
following activities if such activity is undertaken pursuant to
an agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Iran or a
nongovenmental [sic] entity in Iran, or with the Government of
Libya or a nongovernmental entity in Libya, on or after the date
of the enactment of this Act [Aug. 5, 1996]:
"(A) The entry into a contract that includes responsibility
for the development of petroleum resources located in Iran or
Libya (as the case may be), or the entry into a contract
providing for the general supervision and guarantee of another
person's performance of such a contract.
"(B) The purchase of a share of ownership, including an
equity interest, in that development.
"(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation.
The term 'investment' does not include the entry into,
performance, or financing of a contract to sell or purchase
goods, services, or technology. For purposes of this paragraph,
an amendment or other modification that is made, on or after June
13, 2001, to an agreement or contract shall be treated as the
entry of an agreement or contract.
"(10) Iran. - The term 'Iran' includes any agency or
instrumentality of Iran.
"(11) Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of iran. - The
term 'Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of Iran' includes
employees, representatives, or affiliates of Iran's -
"(A) Foreign Ministry;
"(B) Ministry of Intelligence and Security;
"(C) Revolutionary Guard Corps;
"(D) Crusade for Reconstruction;
"(E) Qods (Jerusalem) Forces;
"(F) Interior Ministry;
"(G) Foundation for the Oppressed and Disabled;
"(H) Prophet's Foundation;
"(I) June 5th Foundation;
"(J) Martyr's Foundation;
"(K) Islamic Propagation Organization; and
"(L) Ministry of Islamic Guidance.
"(12) Libya. - The term 'Libya' includes any agency or
instrumentality of Libya.
"(13) Nuclear explosive device. - The term 'nuclear explosive
device' means any device, whether assembled or disassembled, that
is designed to produce an instantaneous release of an amount of
nuclear energy from special nuclear material (as defined in
section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C.
2014(aa)]) that is greater than the amount of energy that would
be released from the detonation of one pound of trinitrotoluene
(TNT).
"(14) Person. - The term 'person' means -
"(A) a natural person;
"(B) a corporation, business association, partnership,
society, trust, any other nongovernmental entity, organization,
or group, and any governmental entity operating as a business
enterprise; and
"(C) any successor to any entity described in subparagraph
(B).
"(15) Petroleum resources. - The term 'petroleum resources'
includes petroleum and natural gas resources.
"(16) United states or state. - The term 'United States' or
'State' means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United
States.
"(17) United states person. - The term 'United States person'
means -
"(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
"(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly, more
than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity."
[Pub. L. 107-24, Sec. 2(b), Aug. 3, 2001, 115 Stat. 199, provided
that: "The amendments made by subsection (a) [amending section 5 of
Pub. L. 104-172, set out above] shall apply to investments made on
or after June 13, 2001."]
[Memorandum of President of the United States, Nov. 21, 1996, 61
F.R. 64249, delegated to the Secretary of State, in consultation
with the Departments of the Treasury and Commerce and the United
States Trade Representative, and with the Export-Import Bank and
Federal Reserve Board and other interested agencies as appropriate
functions vested in the President by sections 4(c), 5(a), (b), (c),
(f), 6(1), (2), and 9(c) of Pub. L. 104-172, set out above,
delegated to the Secretary of State functions vested in the
President by sections 4(a), (b), (d), (e), 5(d), (e), 9(a), (b),
and 10 of Pub. L. 104-172, provided that any reference to
provisions of any Act related to the subject of the memorandum be
deemed to include references to any subsequent provision of law
that is the same or substantially the same as such provisions, and
provided that only the functions vested in the President by
sections 4(a), (b), (d), (e), 5(d), (e), and 10 of Pub. L. 104-172
and delegated by the memorandum could be redelegated.]
DETERMINATION AND CERTIFICATION UNDER SECTION 8(B) OF THE IRAN AND
LIBYA SANCTIONS ACT
Determination of President of the United States, No. 2004-30,
Apr. 23, 2004, 69 F.R. 24907, provided:
Memorandum for the Secretary of State
Pursuant to section 8(b) of the Iran and Libya Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note), as amended (Public
Law 107-24), I hereby determine and certify that Libya has
fulfilled the requirements of United Nations Security Council
Resolution 731, adopted January 21, 1992, United Nations Security
Council Resolution 748, adopted March 31, 1992, and United Nations
Security Council Resolution 883, adopted November 11, 1993.
You are authorized and directed to transmit this determination
and certification to the appropriate congressional committees and
to arrange for its publication in the Federal Register.
George W. Bush.
SANCTIONS AGAINST SERBIA AND MONTENEGRO
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 599],
Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that:
"(a) Continuation of Executive Branch Sanctions. - The sanctions
listed in subsection (b) shall remain in effect for fiscal year
2000, unless the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations of the
House of Representatives a certification described in subsection
(c).
"(b) Applicable Sanctions. -
"(1) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical
assistance or grants of any kind to the government of Serbia.
"(2) The Secretary of State should instruct the United States
Ambassador to the Organization for Security and Cooperation in
Europe (OSCE) to block any consensus to allow the participation
of Serbia in the OSCE or any organization affiliated with the
OSCE.
"(3) The Secretary of State should instruct the United States
Representative to the United Nations to vote against any
resolution in the United Nations Security Council to admit Serbia
to the United Nations or any organization affiliated with the
United Nations, to veto any resolution to allow Serbia to assume
the United Nations' membership of the former Socialist Federal
Republic of Yugoslavia, and to take action to prevent Serbia from
assuming the seat formerly occupied by the Socialist Federal
Republic of Yugoslavia.
"(4) The Secretary of State should instruct the United States
Permanent Representative on the Council of the North Atlantic
Treaty Organization to oppose the extension of the Partnership
for Peace program or any other organization affiliated with NATO
to Serbia.
"(5) The Secretary of State should instruct the United States
Representatives to the Southeast European Cooperative Initiative
(SECI) to oppose and to work to prevent the extension of SECI
membership to Serbia.
"(c) Certification. - A certification described in this
subsection is a certification that -
"(1) the representatives of the successor states to the
Socialist Federal Republic of Yugoslavia have successfully
negotiated the division of assets and liabilities and all other
succession issues following the dissolution of the Socialist
Federal Republic of Yugoslavia;
"(2) the Government of Serbia is fully complying with its
obligations as a signatory to the General Framework Agreement for
Peace in Bosnia and Herzegovina;
"(3) the Government of Serbia is fully cooperating with and
providing unrestricted access to the International Criminal
Tribunal for the former Yugoslavia, including surrendering
persons indicted for war crimes who are within the jurisdiction
of the territory of Serbia, and with the investigations
concerning the commission of war crimes and crimes against
humanity in Kosova;
"(4) the Government of Serbia is implementing internal
democratic reforms; and
"(5) Serbian federal governmental officials, and
representatives of the ethnic Albanian community in Kosova have
agreed on, signed, and begun implementation of a negotiated
settlement on the future status of Kosova.
"(d) Statement of Policy. - It is the sense of the Congress that
the United States should not restore full diplomatic relations with
Serbia until the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the
Committees on Appropriations and International Relations in the
House of Representatives the certification described in subsection
(c).
"(e) Exemption of Montenegro and Kosova. - The sanctions
described in subsection (b) shall not apply to Montenegro or
Kosova.
"(f) Definition. - The term 'international financial institution'
includes the International Monetary Fund, the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Multilateral Investment Guaranty Agency, and the European Bank for
Reconstruction and Development.
"(g) Waiver Authority. - The President may waive the application
in whole or in part, of any sanction described in subsection (b) if
the President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs."
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 539], Oct.
21, 1998, 112 Stat. 2681-150, 2681-182, provided that:
"(a) Restrictions. - None of the funds in this or any other Act
may be made available to modify or remove any sanction, prohibition
or requirement with respect to Serbia-Montenegro unless the
President first submits to the Congress a certification described
in subsection (c).
"(b) International Financial Institutions. - The Secretary of the
Treasury shall instruct the United States executive directors of
the international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to the
government of Serbia-Montenegro, unless the President first submits
to the Congress a certification described in subsection (c).
"(c) Certification. - A certification described in this
subsection is a certification that -
"(1) there is substantial improvement in the human rights
situation in Kosova;
"(2) international human rights observers are allowed to return
to Kosova;
"(3) Serbian, Serbian-Montenegrin federal government officials,
and representatives of the ethnic Albanian community in Kosova
have agreed on and begun implementation of a negotiated
settlement on the future status of Kosova; and
"(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
"(d) Waiver Authority. - The President may waive the application,
in whole or in part, of subsections (a) and (b) if he certifies in
writing to the Congress that the waiver is necessary to meet
emergency humanitarian needs or to advance negotiations toward a
peaceful settlement of the conflict in Kosova that is acceptable to
the parties.
"(e) Exemption for Montenegro. - This section shall not apply to
Montenegro."
[For delegation of functions of President under section 101(d)
[title V, Sec. 539] of div. A of Pub. L. 105-277, set out above,
see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,
set out as a note under section 2381 of Title 22, Foreign Relations
and Intercourse.]
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
540], Sept. 30, 1996, 110 Stat. 3009-121, 3009-155.
Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110
Stat. 737.
Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107
Stat. 1839, provided that:
"(a) Codification of Executive Branch Sanctions. - The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act [Nov. 30, 1993], that were imposed by or
pursuant to the following directives of the executive branch shall
(except as provided under subsections (d) and (e)) remain in effect
until changed by law:
"(1) Executive Order 12808 of May 30, 1992 [formerly set out
below], as continued in effect on May 25, 1993.
"(2) Executive Order 12810 of June 5, 1992 [formerly set out
below].
"(3) Executive Order 12831 of January 15, 1993 [formerly set
out below].
"(4) Executive Order 12846 of April 25, 1993 [formerly set out
below].
"(5) Department of State Public Notice 1427, effective July 11,
1991.
"(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
"(7) Department of Transportation Order 92-5-38 of May 20,
1992.
"(8) Federal Aviation Administration action of June 19, 1992
(14 C.F.R. Part 91).
"(b) Prohibition on Assistance. - No funds appropriated or
otherwise made available by law may be obligated or expended on
behalf of the government of Serbia or the government of Montenegro.
"(c) International Financial Institutions. - The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to oppose any assistance from that institution
to the government of Serbia or the government of Montenegro, except
for basic human needs.
"(d) Exception. - Notwithstanding any other provision of law, the
President is authorized and encouraged to exempt from sanctions
imposed against Serbia and Montenegro that are described in
subsection (a) those United States-supported programs, projects, or
activities that involve reform of the electoral process, the
development of democratic institutions or democratic political
parties, or humanitarian assistance (including refugee care and
human rights observation).
"(e) Waiver Authority. - (1) The President may waive or modify
the application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the
requirement in subsection (c).
"(2) Such a waiver or modification may only be effective upon
certification by the President to Congress that the President has
determined that the waiver or modification is necessary (A) to meet
emergency humanitarian needs, or (B) to achieve a negotiated
settlement of the conflict in Bosnia-Herzegovina that is acceptable
to the parties."
PRESIDENTIAL CERTIFICATION TO SUSPEND SANCTIONS IMPOSED ON THE
GOVERNMENT OF SERBIA AND THE GOVERNMENT OF MONTENEGRO
Determination of President of the United States, No. 01-7, Dec.
19, 2000, 66 F.R. 1013, provided:
Memorandum for the Secretary of Defense [and] the Secretary of
the Treasury
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set
out as a note above], I hereby certify to the Congress that I have
determined that the waiver of the application of subsections
1511(b) and (c) of Public Law 103-160 is necessary to achieve a
negotiated settlement of the conflict in Bosnia-Herzegovina that is
acceptable to the parties, to the extent that such provisions apply
to the furnishing of assistance to the Government of Serbia and to
the support of assistance from international financial institutions
to the Government of Serbia and the Government of Montenegro.
Therefore, I hereby waive the application of these provisions
with respect to such assistance and support.
The Secretary of Defense is authorized and directed to transmit a
copy of this determination to the Congress and arrange for its
publication in the Federal Register.
William J. Clinton.
Determination of President of the United States, No. 99-14, Feb.
16, 1999, 64 F.R. 9263, provided:
Memorandum for the Secretary of Defense
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set
out as a note above], I hereby certify to the Congress that I have
determined that the waiver of the application of the prohibition in
section 1511(b) of Public Law 103-160 is necessary to achieve a
negotiated settlement of the conflict in Bosnia-Herzegovina that is
acceptable to the parties, to the extent that such provision
applies to the furnishing of assistance to the Republic of
Montenegro.
Therefore, I hereby waive the application of this provision with
respect to such assistance.
You are authorized and directed to transmit a copy of this
determination to the Congress and arrange for its publication in
the Federal Register.
William J. Clinton.
Determination of President of the United States, No. 97-26, May
30, 1997, 62 F.R. 32015, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the laws of the United
States, including section 1511 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set
out as a note above] and section 540 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997
(contained in Public Law 104-208 (the "Act")) [formerly set out as
a note above], I hereby certify to the Congress that I have
determined that the waiver of the application of the prohibition in
section 1511(b) of Public Law 103-160 and of the application of
section 540(a) of the Act is necessary to achieve a negotiated
settlement of the conflict in Bosnia and Herzegovina that is
acceptable to the parties, to the extent that such provisions apply
to the furnishing of assistance to facilitate destruction of
military equipment.
Therefore, I hereby waive the application of these provisions
with respect to such assistance.
You are authorized and directed to transmit a copy of this
determination to the Congress and arrange for its publication in
the Federal Register.
William J. Clinton.
Determination of the President of the United States, No. 96-7,
Dec. 27, 1995, 61 F.R. 2887, provided:
Memorandum for the Secretary of State, the Secretary of the
Treasury [and] the Secretary of Transportation
Pursuant to the authority vested in me by section 1511(e)(2) of
the National Defense Authorization Act for Fiscal Year 1994 (Public
Law 103-160) [set out above] (the "Act"), I hereby determine that
the waiver or modification of the sanctions on Serbia and
Montenegro that were imposed by or pursuant to the directives
described in section 1511(a)(1-5) and (7-8) of the Act, in
conformity with the provisions of United Nations Security Council
Resolutions 1021 and 1022 of November 22, 1995, is necessary to
achieve a negotiated settlement of the conflict in Bosnia-
Herzegovina that is acceptable to the parties.
Therefore, I hereby direct the Secretary of the Treasury to take
appropriate action to suspend the application of the sanctions
imposed on Serbia and Montenegro pursuant to Executive Order No.
12808 of May 30, 1992 [formerly set out below], Executive Order No.
12810 of June 5, 1992 [formerly set out below], Executive Order No.
12831 of January 15, 1993 [formerly set out below], and Executive
Order No. 12846 of April 25, 1993 [formerly set out below],
effective upon the transmittal of this determination to the
Congress. The property and interests in property previously blocked
remain blocked until provision is made to address claims or
encumbrances, including the claims of the other successor states of
the former Yugoslavia.
I hereby direct the Secretary of Transportation to take
appropriate action to suspend the application of the sanctions
imposed pursuant to Department of Transportation Order 92-5-38 of
May 20, 1992, Department of Transportation Order 92-6-27 of June
12, 1992, and Special Federal Aviation Regulation No. 66-2 of May
31, 1995 (14 C.F.R. Part 91, 60 Federal Register 28477), effective
upon the transmittal of this determination to the Congress.
I hereby authorize the Secretary of State to take appropriate
action to suspend the application of the sanctions imposed pursuant
to Department of State Public Notice 1427 of July 11, 1991, at the
appropriate time in conformity with the provisions of United
Nations Security Council Resolution 1021 of November 22, 1995.
The national emergency declared in Executive Order No. 12808
[formerly set out below] and expanded in Executive Order No. 12934
[formerly set out below] shall continue in effect.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
William J. Clinton.
IRAN-IRAQ ARMS NON-PROLIFERATION
Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat.
2571, as amended by Pub. L. 104-106, div. A, title XIV, Sec.
1408(a)-(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107-228, div. B,
title XIII, Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441,
provided that:
"SEC. 1601. SHORT TITLE.
"This title may be cited as the 'Iran-Iraq Arms Non-Proliferation
Act of 1992'.
"SEC. 1602. UNITED STATES POLICY.
"(a) In General. - It shall be the policy of the United States to
oppose, and urgently to seek the agreement of other nations also to
oppose, any transfer to Iran or Iraq of any goods or technology,
including dual-use goods or technology, wherever that transfer
could materially contribute to either country's acquiring chemical,
biological, nuclear, or destabilizing numbers and types of advanced
conventional weapons.
"(b) Sanctions. - (1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to Iran,
Iraq, and those nations and persons who assist them in acquiring
weapons of mass destruction in accordance with the Foreign
Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear Non-
Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the Chemical
and Biological Weapons Control and Warfare Elimination Act of 1991
[22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act
[22 U.S.C. 2797 et seq.], and other relevant statutes, regarding
the non-proliferation of weapons of mass destruction and the means
of their delivery.
"(2) The President should also urgently seek the agreement of
other nations to adopt and institute, at the earliest practicable
date, sanctions and controls comparable to those the United States
is obligated to apply under this subsection.
"(c) Public Identification. - The Congress calls on the President
to identify publicly (in the report required by section 1607) any
country or person that transfers goods or technology to Iran or
Iraq contrary to the policy set forth in subsection (a).
"SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
"The sanctions against Iraq specified in paragraphs (1) through
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as
contained in Public Law 101-513) [set out below], including denial
of export licenses for United States persons and prohibitions on
United States Government sales, shall be applied to the same extent
and in the same manner with respect to Iran.
"SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
"(a) Prohibition. - If any person transfers or retransfers goods
or technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then the sanctions described in subsection
(b) shall be imposed.
"(b) Mandatory Sanctions. - The sanctions to be imposed pursuant
to subsection (a) are as follows:
"(1) Procurement sanction. - For a period of two years, the
United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
"(2) Export sanction. - For a period of two years, the United
States Government shall not issue any license for any export by
or to the sanctioned person.
"SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
"(a) Prohibition. - If the President determines that the
government of any foreign country transfers or retransfers goods or
technology so as to contribute knowingly and materially to the
efforts by Iran or Iraq (or any agency or instrumentality of either
such country) to acquire chemical, biological, or nuclear weapons
or to acquire destabilizing numbers and types of advanced
conventional weapons, then -
"(1) the sanctions described in subsection (b) shall be imposed
on such country; and
"(2) in addition, the President may apply, in the discretion of
the President, the sanction described in subsection (c).
"(b) Mandatory Sanctions. - Except as provided in paragraph (2),
the sanctions to be imposed pursuant to subsection (a)(1) are as
follows:
"(1) Suspension of united states assistance. - The United
States Government shall suspend, for a period of one year, United
States assistance to the sanctioned country.
"(2) Multilateral development bank assistance. - The Secretary
of the Treasury shall instruct the United States Executive
Director to each appropriate international financial institution
to oppose, and vote against, for a period of one year, the
extension by such institution of any loan or financial or
technical assistance to the sanctioned country.
"(3) Suspension of codevelopment or coproduction agreements. -
The United States shall suspend, for a period of one year,
compliance with its obligations under any memorandum of
understanding with the sanctioned country for the codevelopment
or coproduction of any item on the United States Munitions List
(established under section 38 of the Arms Export Control Act [22
U.S.C. 2778]), including any obligation for implementation of the
memorandum of understanding through the sale to the sanctioned
country of technical data or assistance or the licensing for
export to the sanctioned country of any component part.
"(4) Suspension of military and dual-use technical exchange
agreements. - The United States shall suspend, for a period of
one year, compliance with its obligations under any technical
exchange agreement involving military and dual-use technology
between the United States and the sanctioned country that does
not directly contribute to the security of the United States, and
no military or dual-use technology may be exported from the
United States to the sanctioned country pursuant to that
agreement during that period.
"(5) United states munitions list. - No item on the United
States Munitions List (established pursuant to section 38 of the
Arms Export Control Act) may be exported to the sanctioned
country for a period of one year.
"(c) Discretionary Sanction. - The sanction referred to in
subsection (a)(2) is as follows:
"(1) Use of authorities of international emergency economic
powers act. - Except as provided in paragraph (2), the President
may exercise, in accordance with the provisions of that Act [50
U.S.C. 1701 et seq.], the authorities of the International
Emergency Economic Powers Act with respect to the sanctioned
country.
"(2) Exception. - Paragraph (1) does not apply with respect to
urgent humanitarian assistance.
"SEC. 1606. WAIVER.
"The President may waive the requirement to impose a sanction
described in section 1603, in the case of Iran, or a sanction
described in section 1604(b) or 1605(b), in the case of Iraq and
Iran, 15 days after the President determines and so reports to the
Committees on Armed Services and Foreign Relations of the Senate
and the Committees on Armed Services and Foreign Affairs [now
Committee on International Relations] of the House of
Representatives that it is essential to the national interest of
the United States to exercise such waiver authority. Any such
report shall provide a specific and detailed rationale for such
determination.
"SEC. 1607. REPORTING REQUIREMENT.
"[(a) Repealed. Pub. L. 107-228, div. B, title XIII, Sec.
1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]
"(b) Report on Individual Transfers. - Whenever the President
determines that a person or foreign government has made a transfer
which is subject to any sanction under this title, the President
shall, within 30 days after such transfer, submit to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs [now Committee on
International Relations] of the House of Representatives a report -

"(1) identifying the person or government and providing the
details of the transfer; and
"(2) describing the actions the President intends to undertake
or has undertaken under the provisions of this title with respect
to each such transfer.
"(c) Form of Transmittal. - Reports required by this section may
be submitted in classified as well as in unclassified form.
"SEC. 1608. DEFINITIONS.
"For purposes of this title:
"(1) The term 'advanced conventional weapons' includes -
"(A) such long-range precision-guided munitions, fuel air
explosives, cruise missiles, low observability aircraft, other
radar evading aircraft, advanced military aircraft, military
satellites, electromagnetic weapons, and laser weapons as the
President determines destabilize the military balance or
enhance offensive capabilities in destabilizing ways;
"(B) such advanced command, control, and communications
systems, electronic warfare systems, or intelligence collection
systems as the President determines destabilize the military
balance or enhance offensive capabilities in destabilizing
ways; and
"(C) such other items or systems as the President may, by
regulation, determine necessary for purposes of this title.
"(2) The term 'cruise missile' means guided missiles that use
aerodynamic lift to offset gravity and propulsion to counteract
drag.
"(3) The term 'goods or technology' means -
"(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment; and
"(B) any information and know-how (whether in tangible form,
such as models, prototypes, drawings, sketches, diagrams,
blueprints, or manuals, or in intangible form, such as training
or technical services) that can be used to design, produce,
manufacture, utilize, or reconstruct goods, including computer
software and technical data.
"(4) The term 'person' means any United States or foreign
individual, partnership, corporation, or other form of
association, or any of their successor entities, parents, or
subsidiaries.
"(5) The term 'sanctioned country' means a country against
which sanctions are required to be imposed pursuant to section
1605.
"(6) The term 'sanctioned person' means a person that makes a
transfer described in section 1604(a).
"(7) The term 'United States assistance' means -
"(A) any assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), other than urgent humanitarian
assistance or medicine;
"(B) sales and assistance under the Arms Export Control Act
[22 U.S.C. 2751 et seq.];
"(C) financing by the Commodity Credit Corporation for export
sales of agricultural commodities; and
"(D) financing under the Export-Import Bank Act [of 1945] [22
U.S.C. 635 et seq.]."
[Memorandum of President of the United States, Sept. 27, 1994, 59
F.R. 50685, delegated to Secretary of State, in consultation with
heads of other departments and agencies, all functions vested in
President under title XVI of Pub. L. 102-484, set out above,
without limitation of authority of other officials to exercise
powers heretofore or hereafter delegated to them to implement
sanctions imposed or actions directed by the Secretary pursuant to
this delegation of authority.]
PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ
Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which
authorized President to vest title in a portion of property in
which transactions were blocked pursuant to Executive Order 12722,
formerly set out below, in order to satisfy obligations owed to
United States Government and United States nationals for which Iraq
had suspended repayment, was repealed by Pub. L. 102-27, title IV,
Sec. 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L.
102-136, Sec. 126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5,
1990.
IRAQ SANCTIONS
Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104 Stat.
2047-2054, provided that:
"SEC. 586. SHORT TITLE.
"Sections 586 through 586J of this Act may be cited as the 'Iraq
Sanctions Act of 1990'.
"SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
"The Congress -
"(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
"(2) supports the actions that have been taken by the President
in response to that invasion;
"(3) calls for the immediate and unconditional withdrawal of
Iraqi forces from Kuwait;
"(4) supports the efforts of the United Nations Security
Council to end this violation of international law and threat to
international peace;
"(5) supports the imposition and enforcement of multilateral
sanctions against Iraq;
"(6) calls on United States allies and other countries to
support fully the efforts of the United Nations Security Council,
and to take other appropriate actions, to bring about an end to
Iraq's occupation of Kuwait; and
"(7) condemns the brutal occupation of Kuwait by Iraq and its
gross violations of internationally recognized human rights in
Kuwait, including widespread arrests, torture, summary
executions, and mass extrajudicial killings.
"SEC. 586B. CONSULTATIONS WITH CONGRESS.
"The President shall keep the Congress fully informed, and shall
consult with the Congress, with respect to current and anticipated
events regarding the international crisis caused by Iraq's invasion
of Kuwait, including with respect to United States actions.
"SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
"(a) Continuation of Embargo. - Except as otherwise provided in
this section, the President shall continue to impose the trade
embargo and other economic sanctions with respect to Iraq and
Kuwait that the United States is imposing, in response to Iraq's
invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and
12725 [formerly set out below] (August 9, 1990) and, to the extent
they are still in effect, Executive Orders Numbered 12722 and 12723
[formerly set out below] (August 2, 1990). Notwithstanding any
other provision of law, no funds, credits, guarantees, or insurance
appropriated or otherwise made available by this or any other Act
for fiscal year 1991 or any fiscal year thereafter shall be used to
support or administer any financial or commercial operation of any
United States Government department, agency, or other entity, or of
any person subject to the jurisdiction of the United States, for
the benefit of the Government of Iraq, its agencies or
instrumentalities, or any person working on behalf of the
Government of Iraq, contrary to the trade embargo and other
economic sanctions imposed in accordance with this section.
"(b) Humanitarian Assistance. - To the extent that transactions
involving foodstuffs or payments for foodstuffs are exempted 'in
humanitarian circumstances' from the prohibitions established by
the United States pursuant to United Nations Security Council
Resolution 661 (1990), those exemptions shall be limited to
foodstuffs that are to be provided consistent with United Nations
Security Council Resolution 666 (1990) and other relevant Security
Council resolutions.
"(c) Notice to Congress of Exceptions to and Termination of
Sanctions. -
"(1) Notice of regulations. - Any regulations issued after the
date of enactment of this Act [Nov. 5, 1990] with respect to the
economic sanctions imposed with respect to Iraq and Kuwait by the
United States under Executive Orders Numbered 12722 and 12723
(August 2, 1990) and Executive Orders Numbered 12724 and 12725
(August 9, 1990) shall be submitted to the Congress before those
regulations take effect.
"(2) Notice of termination of sanctions. - The President shall
notify the Congress at least 15 days before the termination, in
whole or in part, of any sanction imposed with respect to Iraq or
Kuwait pursuant to those Executive orders.
"(d) Relation to Other Laws. -
"(1) Sanctions legislation. - The sanctions that are described
in subsection (a) are in addition to, and not in lieu of the
sanctions provided for in section 586G of this Act or any other
provision of law.
"(2) National emergencies and united nations legislation. -
Nothing in this section supersedes any provision of the National
Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the
President under the International Emergency Economic Powers Act
[50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations
Participation Act of 1945 [22 U.S.C. 287c(a)].
"SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ.
"(a) Denial of Assistance. - None of the funds appropriated or
otherwise made available pursuant to this Act [see Tables for
classification] to carry out the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22
U.S.C. 2191 et seq.], relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et
seq.] may be used to provide assistance to any country that is not
in compliance with the United Nations Security Council sanctions
against Iraq unless the President determines and so certifies to
the Congress that -
"(1) such assistance is in the national interest of the United
States;
"(2) such assistance will directly benefit the needy people in
that country; or
"(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
"(b) Import Sanctions. - If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not prohibited -

"(1) the importation of products of Iraq into its customs
territory, and
"(2) the export of its products to Iraq.
"SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
"Notwithstanding section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United
Nations Participation Act of 1945 (22 U.S.C. 287c(b)) -
"(1) a civil penalty of not to exceed $250,000 may be imposed
on any person who, after the date of enactment of this Act [Nov.
5, 1990], violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 [formerly
set out below] or any license, order, or regulation issued under
any such Executive order; and
"(2) whoever, after the date of enactment of this Act,
willfully violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 or any
license, order, or regulation issued under any such Executive
order -
"(A) shall, upon conviction, be fined not more than
$1,000,000, if a person other than a natural person; or
"(B) if a natural person, shall, upon conviction, be fined
not more than $1,000,000, be imprisoned for not more than 12
years, or both.
Any officer, director, or agent of any corporation who knowingly
participates in a violation, evasion, or attempt described in
paragraph (2) may be punished by imposition of the fine or
imprisonment (or both) specified in subparagraph (B) of that
paragraph.
"SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING
VIOLATIONS OF INTERNATIONAL LAW.
"(a) Iraq's Violations of International Law. - The Congress
determines that -
"(1) the Government of Iraq has demonstrated repeated and
blatant disregard for its obligations under international law by
violating the Charter of the United Nations, the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare (done at Geneva,
June 17, 1925), as well as other international treaties;
"(2) the Government of Iraq is a party to the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights and is
obligated under the Covenants, as well as the Universal
Declaration of Human Rights, to respect internationally
recognized human rights;
"(3) the State Department's Country Reports on Human Rights
Practices for 1989 again characterizes Iraq's human rights record
as 'abysmal';
"(4) Amnesty International, Middle East Watch, and other
independent human rights organizations have documented extensive,
systematic, and continuing human rights abuses by the Government
of Iraq, including summary executions, mass political killings,
disappearances, widespread use of torture, arbitrary arrests and
prolonged detention without trial of thousands of political
opponents, forced relocation and deportation, denial of nearly
all civil and political rights such as freedom of association,
assembly, speech, and the press, and the imprisonment, torture,
and execution of children;
"(5) since 1987, the Government of Iraq has intensified its
severe repression of the Kurdish minority of Iraq, deliberately
destroyed more than 3,000 villages and towns in the Kurdish
regions, and forcibly expelled more than 500,000 people, thus
effectively depopulating the rural areas of Iraqi Kurdistan;
"(6) Iraq has blatantly violated international law by
initiating use of chemical weapons in the Iran-Iraq war;
"(7) Iraq has also violated international law by using chemical
weapons against its own Kurdish citizens, resulting in tens of
thousands of deaths and more than 65,000 refugees;
"(8) Iraq continues to expand its chemical weapons capability,
and President Saddam Hussein has threatened to use chemical
weapons against other nations;
"(9) persuasive evidence exists that Iraq is developing
biological weapons in violation of international law;
"(10) there are strong indications that Iraq has taken steps to
produce nuclear weapons and has attempted to smuggle from the
United States, in violation of United States law, components for
triggering devices used in nuclear warheads whose manufacture
would contravene the Treaty on the Non-Proliferation of Nuclear
Weapons, to which Iraq is a party; and
"(11) Iraqi President Saddam Hussein has threatened to use
terrorism against other nations in violation of international law
and has increased Iraq's support for the Palestine Liberation
Organization and other Palestinian groups that have conducted
terrorist acts.
"(b) Human Rights Violations. - The Congress determines that the
Government of Iraq is engaged in a consistent pattern of gross
violations of internationally recognized human rights. All
provisions of law that impose sanctions against a country whose
government is engaged in a consistent pattern of gross violations
of internationally recognized human rights shall be fully enforced
against Iraq.
"(c) Support for International Terrorism. - (1) The Congress
determines that Iraq is a country which has repeatedly provided
support for acts of international terrorism, a country which grants
sanctuary from prosecution to individuals or groups which have
committed an act of international terrorism, and a country which
otherwise supports international terrorism. The provisions of law
specified in paragraph (2) and all other provisions of law that
impose sanctions against a country which has repeatedly provided
support for acts of international terrorism, which grants sanctuary
from prosecution to an individual or group which has committed an
act of international terrorism, or which otherwise supports
international terrorism shall be fully enforced against Iraq.
"(2) The provisions of law referred to in paragraph (1) are -
"(A) section 40 of the Arms Export Control Act [22 U.S.C.
2780];
"(B) section 620A of the Foreign Assistance Act of 1961 [22
U.S.C. 2371];
"(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022]
(and the corresponding sections of predecessor foreign operations
appropriations Acts); and
"(D) section 555 of the International Security and Development
Cooperation Act of 1985 [99 Stat. 227].
"(d) Multilateral Cooperation. - The Congress calls on the
President to seek multilateral cooperation -
"(1) to deny dangerous technologies to Iraq;
"(2) to induce Iraq to respect internationally recognized human
rights; and
"(3) to induce Iraq to allow appropriate international
humanitarian and human rights organizations to have access to
Iraq and Kuwait, including the areas in northern Iraq
traditionally inhabited by Kurds.
"SEC. 586G. SANCTIONS AGAINST IRAQ.
"(a) Imposition. - Except as provided in section 586H, the
following sanctions shall apply with respect to Iraq:
"(1) FMS sales. - The United States Government shall not enter
into any sale with Iraq under the Arms Export Control Act [22
U.S.C. 2751 et seq.].
"(2) Commercial arms sales. - Licenses shall not be issued for
the export to Iraq of any item on the United States Munitions
List.
"(3) Exports of certain goods and technology. - The authorities
of section 6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2405) shall be used to prohibit the export to Iraq of any
goods or technology listed pursuant to that section or section
5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) on the control
list provided for in section 4(b) of that Act (50 U.S.C. App.
2403(b)).
"(4) Nuclear equipment, materials, and technology. -
"(A) NRC licenses. - The Nuclear Regulatory Commission shall
not issue any license or other authorization under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 and following) for the
export to Iraq of any source or special nuclear material, any
production or utilization facility, any sensitive nuclear
technology, any component, item, or substance determined to
have significance for nuclear explosive purposes pursuant to
section 109b. of the Atomic Energy Act of 1954 (42 U.S.C.
2139(b)), or any other material or technology requiring such a
license or authorization.
"(B) Distribution of nuclear materials. - The authority of
the Atomic Energy Act of 1954 shall not be used to distribute
any special nuclear material, source material, or byproduct
material to Iraq.
"(C) DOE authorizations. - The Secretary of Energy shall not
provide a specific authorization under section 57b.(2) of the
Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any
activity that would constitute directly or indirectly engaging
in Iraq in activities that require a specific authorization
under that section.
"(5) Assistance from international financial institutions. -
The United States shall oppose any loan or financial or technical
assistance to Iraq by international financial institutions in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d).
"(6) Assistance through the export-import bank. - Credits and
credit guarantees through the Export-Import Bank of the United
States shall be denied to Iraq.
"(7) Assistance through the commodity credit corporation. -
Credit, credit guarantees, and other assistance through the
Commodity Credit Corporation shall be denied to Iraq.
"(8) Foreign assistance. - All forms of assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following)
other than emergency assistance for medical supplies and other
forms of emergency humanitarian assistance, and under the Arms
Export Control Act (22 U.S.C. 2751 and following) shall be denied
to Iraq.
"(b) Contract Sanctity. - For purposes of the export controls
imposed pursuant to subsection (a)(3), the date described in
subsection (m)(1) of section 6 of the Export Administration Act of
1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 1990.
"SEC. 586H. WAIVER AUTHORITY.
"(a) In General. - The President may waive the requirements of
any paragraph of section 586G(a) if the President makes a
certification under subsection (b) or subsection (c).
"(b) Certification of Fundamental Changes in Iraqi Policies and
Actions. - The authority of subsection (a) may be exercised 60 days
after the President certifies to the Congress that -
"(1) the Government of Iraq -
"(A) has demonstrated, through a pattern of conduct,
substantial improvement in its respect for internationally
recognized human rights;
"(B) is not acquiring, developing, or manufacturing (i)
ballistic missiles, (ii) chemical, biological, or nuclear
weapons, or (iii) components for such weapons; has forsworn the
first use of such weapons; and is taking substantial and
verifiable steps to destroy or otherwise dispose of any such
missiles and weapons it possesses; and
"(C) does not provide support for international terrorism;
"(2) the Government of Iraq is in substantial compliance with
its obligations under international law, including -
"(A) the Charter of the United Nations;
"(B) the International Covenant on Civil and Political Rights
(done at New York, December 16, 1966) and the International
Covenant on Economic, Social, and Cultural Rights (done at New
York, December 16, 1966);
"(C) the Convention on the Prevention and Punishment of the
Crime of Genocide (done at Paris, December 9, 1948);
"(D) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare (done at Geneva, June 17, 1925);
"(E) the Treaty on the Non-Proliferation of Nuclear Weapons
(done at Washington, London, and Moscow, July 1, 1968); and
"(F) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (done at Washington,
London, and Moscow, April 10, 1972); and
"(3) the President has determined that it is essential to the
national interests of the United States to exercise the authority
of subsection (a).
"(c) Certification of Fundamental Changes in Iraqi Leadership and
Policies. - The authority of subsection (a) may be exercised 30
days after the President certifies to the Congress that -
"(1) there has been a fundamental change in the leadership of
the Government of Iraq; and
"(2) the new Government of Iraq has provided reliable and
credible assurance that -
"(A) it respects internationally recognized human rights and
it will demonstrate such respect through its conduct;
"(B) it is not acquiring, developing, or manufacturing and it
will not acquire, develop, or manufacture (i) ballistic
missiles, (ii) chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn the first use
of such weapons; and is taking substantial and verifiable steps
to destroy or otherwise dispose of any such missiles and
weapons it possesses;
"(C) it is not and will not provide support for international
terrorism; and
"(D) it is and will continue to be in substantial compliance
with its obligations under international law, including all the
treaties specified in subparagraphs (A) through (F) of
subsection (b)(2).
"(d) Information To Be Included in Certifications. - Any
certification under subsection (b) or (c) shall include the
justification for each determination required by that subsection.
The certification shall also specify which paragraphs of section
586G(a) the President will waive pursuant to that certification.
"SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR
WEAPONS CAPABILITY.
"(a) Restriction on Export Licenses. - None of the funds
appropriated by this or any other Act may be used to approve the
licensing for export of any supercomputer to any country whose
government the President determines is assisting, or whose
government officials the President determines are assisting, Iraq
to improve its rocket technology or chemical, biological, or
nuclear weapons capability.
"(b) Negotiations. - The President is directed to begin immediate
negotiations with those governments with which the United States
has bilateral supercomputer agreements, including the Government of
the United Kingdom and the Government of Japan, on conditions
restricting the transfer to Iraq of supercomputer or associated
technology.
"SEC. 586J. REPORTS TO CONGRESS.
"(a) Study and Report on the International Export to Iraq of
Nuclear, Biological, Chemical, and Ballistic Missile Technology. -
(1) The President shall conduct a study on the sale, export, and
third party transfer or development of nuclear, biological,
chemical, and ballistic missile technology to or with Iraq
including -
"(A) an identification of specific countries, as well as
companies and individuals, both foreign and domestic, engaged in
such sale or export of, nuclear, biological, chemical, and
ballistic missile technology;
"(B) a detailed description and analysis of the international
supply, information, support, and coproduction network,
individual, corporate, and state, responsible for Iraq's current
capability in the area of nuclear, biological, chemical, and
ballistic missile technology; and
"(C) a recommendation of standards and procedures against which
to measure and verify a decision of the Government of Iraq to
terminate the development, production, coproduction, and
deployment of nuclear, biological, chemical, and offensive
ballistic missile technology as well as the destruction of all
existing facilities associated with such technologies.
"(2) The President shall include in the study required by
paragraph (1) specific recommendations on new mechanisms, to
include, but not be limited to, legal, political, economic and
regulatory, whereby the United States might contribute, in
conjunction with its friends, allies, and the international
community, to the management, control, or elimination of the threat
of nuclear, biological, chemical, and ballistic missile
proliferation.
"(3) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs [now Committee on International
Relations] of the House of Representatives, a report, in both
classified and unclassified form, setting forth the findings of the
study required by paragraph (1) of this subsection.
"(b) Study and Report on Iraq's Offensive Military Capability. -
(1) The President shall conduct a study on Iraq's offensive
military capability and its effect on the Middle East balance of
power including an assessment of Iraq's power projection
capability, the prospects for another sustained conflict with Iran,
joint Iraqi-Jordanian military cooperation, the threat Iraq's arms
transfer activities pose to United States allies in the Middle
East, and the extension of Iraq's political-military influence into
Africa and Latin America.
"(2) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on Foreign Affairs [now Committee on International
Relations] of the House of Representatives, a report, in both
classified and unclassified form, setting forth the findings of the
study required by paragraph (1).
"(c) Report on Sanctions Taken by Other Nations Against Iraq. -
(1) The President shall prepare a report on the steps taken by
other nations, both before and after the August 2, 1990, invasion
of Kuwait, to curtail the export of goods, services, and
technologies to Iraq which might contribute to, or enhance, Iraq's
nuclear, biological, chemical, and ballistic missile capability.
"(2) The President shall provide a complete accounting of
international compliance with each of the sanctions resolutions
adopted by the United Nations Security Council against Iraq since
August 2, 1990, and shall list, by name, each country which to his
knowledge, has provided any assistance to Iraq and the amount and
type of that assistance in violation of each United Nations
resolution.
"(3) The President shall make every effort to encourage other
nations, in whatever forum or context, to adopt sanctions toward
Iraq similar to those contained in this section.
"(4) Not later than every 6 months after the date of enactment of
this Act [Nov. 5, 1990], the President shall submit to the
Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee
on Foreign Affairs [now Committee on International Relations] of
the House of Representatives, a report in both classified and
unclassified form, setting forth the findings of the study required
by paragraph (1) of this subsection."
[Provisions similar to section 586D of Pub. L. 101-513, set out
above, relating to compliance with sanctions against Iraq were
contained in the following appropriations acts:
[Pub. L. 108-7, div. E, title V, Sec. 531, Feb. 20, 2003, 117
Stat. 192.
[Pub. L. 107-115, title V, Sec. 531, Jan. 10, 2002, 115 Stat.
2150.
[Pub. L. 106-429, Sec. 101(a) [title V, Sec. 534], Nov. 6, 2000,
114 Stat. 1900, 1900A-34.
[Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 534],
Nov. 29, 1999, 113 Stat. 1535, 1501A-93.
[Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 535], Oct.
21, 1998, 112 Stat. 2681-150, 2681-181.
[Pub. L. 105-118, title V, Sec. 534, Nov. 26, 1997, 111 Stat.
2416.
[Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
533], Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.
[Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat.
734.
[Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat.
1639.
[Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat.
957.
[Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat.
1683.]
Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104
Stat. 1697, provided that: "If the President considers that the
taking of such action would promote the effectiveness of the
economic sanctions of the United Nations and the United States
imposed with respect to Iraq, and is consistent with the national
interest, the President may prohibit, for such a period of time as
he considers appropriate, the importation into the United States of
any or all products of any foreign country that has not -
"(1) prohibited -
"(A) the importation of products of Iraq into its customs
territory, and
"(B) the export of its products to Iraq; or
"(2) given assurances satisfactory to the President that such
import and export sanctions will be promptly implemented."
SUSPENDING THE IRAQ SANCTIONS ACT, MAKING INAPPLICABLE CERTAIN
STATUTORY PROVISIONS RELATED TO IRAQ, AND DELEGATING AUTHORITIES,
UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT, 2003
Determination of President of the United States, No. 2003-23, May
7, 2003, 68 F.R. 26459, provided:
Memorandum for the Secretary of State [and] the Secretary of
Commerce
By virtue of the authority vested in me by the Constitution and
the laws of the United States, including sections 1503 and 1504 of
the Emergency Wartime Supplemental Act, 2003 [Emergency Wartime
Supplemental Appropriations Act, 2003], Public Law 108-11 (the
"Act") [117 Stat. 579], and section 301 of title 3, United States
Code, I hereby:
(1) suspend the application of all of the provisions, other than
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513
[set out above], and
(2) make inapplicable with respect to Iraq section 620A of the
Foreign Assistance Act of 1961, Public Law 87-195, as amended [22
U.S.C. 2371] (the "FAA"), and any other provision of law that
applies to countries that have supported terrorism.
In addition, I delegate the functions and authorities conferred
upon the President by:
(1) section 1503 of the Act to submit reports to the designated
committees of the Congress to the Secretary of Commerce, or until
such time as the principal licensing responsibility for the export
to Iraq of items on the Commerce Control List has reverted to the
Department of Commerce, to the Secretary of the Treasury; and,
(2) section 1504 of the Act to the Secretary of State.
The functions and authorities delegated herein may be further
delegated and redelegated to the extent consistent with applicable
law.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
George W. Bush.
IRAN CLAIMS SETTLEMENT
Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided
that:
"SEC. 501. RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.
"(a) Authority of Foreign Claims Settlement Commission. - The
Foreign Claims Settlement Commission of the United States is
authorized to receive and determine the validity and amounts of
claims by nationals of the United States against Iran which are
settled en bloc by the United States. In deciding such claims, the
Commission shall apply, in the following order -
"(1) the terms of any settlement agreement;
"(2) the relevant provisions of the Declarations of the
Government of the Democratic and Popular Republic of Algeria of
January 19, 1981, giving consideration to interpretations thereof
by the Iran-United States Claims Tribunal; and
"(3) applicable principles of international law, justice, and
equity.
Except as otherwise provided in this title, the provisions of title
I of the International Claims Settlement Act of 1949 (22 U.S.C.
1621 et seq.) shall apply with respect to claims under this
section. Any reference in such provisions to 'this title'
[translated therein as 'this subchapter'] shall be deemed to refer
to those provisions and to this section.
"(b) Certification and Payment. - The Commission shall certify to
the Secretary of the Treasury any awards determined pursuant to
subsection (a) in accordance with section 5 of title I of the
International Claims Settlement Act of 1949 (22 U.S.C. 1624). Such
awards shall be paid in accordance with sections 7 and 8 of such
title (22 U.S.C. 1626 and 1627), except that -
"(1) the Secretary of the Treasury is authorized to make
payments pursuant to paragraphs (1) and (2) of section 8(c) of
such title in the amount of $10,000 or the principal amount of
the award, whichever is less; and
"(2) the Secretary of the Treasury may deduct, pursuant to
section 7(b) of such title, an amount calculated in accordance
with section 502(a) of this Act, instead of 5 percent of payments
made pursuant to section 8(c) of such title.
"SEC. 502. DEDUCTIONS FROM ARBITRAL AWARDS.
"(a) Deduction for Expenses of the United States. - Except as
provided in section 503, the Federal Reserve Bank of New York shall
deduct from the aggregate amount awarded under each enumerated
claim before the Iran-United States Claims Tribunal in favor of a
United States claimant, an amount equal to 1 1/2 percent of the
first $5,000,000 and 1 percent of any amount over $5,000,000, as
reimbursement to the United States Government for expenses incurred
in connection with the arbitration of claims of United States
claimants against Iran before that Tribunal and the maintenance of
the Security Account established pursuant to the Declarations of
the Democratic and Popular Republic of Algeria of January 19, 1981.
The Federal Reserve Bank of New York shall make the deduction
required by the preceding sentence whenever the Bank receives an
amount from the Security Account in satisfaction of an award
rendered by the Iran-United States Claim Tribunal on the enumerated
claim involved.
"(b) Deduction Treated as Miscellaneous Receipt. - Amounts
deducted by the Federal Reserve Bank of New York pursuant to
subsection (a) shall be deposited into the Treasury of the United
States to the credit of miscellaneous receipts.
"(c) Payment to United States Claimants. - Nothing in this
section shall be construed to affect the payment to United States
claimants of amounts received by the Federal Reserve Bank of New
York in respect of awards by the Iran-United States Claims
Tribunal, after deduction of the amounts calculated in accordance
with subsection (a).
"(d) Effective Date. - This section shall be effective as of June
7, 1982.
"SEC. 503. EN BLOC SETTLEMENT.
"The deduction by the Federal Reserve Bank of New York provided
for in section 502(a) of this Act shall not apply in the case of a
sum received by the Bank pursuant to an en bloc settlement of any
category of claims of United States nationals against Iran when
such sum is to be used for payments in satisfaction of awards
certified by the Foreign Claims Settlement Commission pursuant to
section 501(b) of this Act.
"SEC. 504. REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.
"The Secretary of the Treasury may reimburse the Federal Reserve
Bank of New York for expenses incurred by the Bank in the
performance of fiscal agency agreements relating to the settlement
or arbitration of claims pursuant to the Declarations of the
Democratic and Popular Republic of Algeria of January 19, 1981.
"SEC. 505. CONFIDENTIALITY OF RECORDS.
"Notwithstanding section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information Act), records
pertaining to the arbitration of claims before the Iran-United
States Claims Tribunal may not be disclosed to the general public,
except that -
"(1) rules, awards, and other decisions of the Tribunal and
claims and responsive pleadings filed at the Tribunal by the
United States on its own behalf shall be made available to the
public, unless the Secretary of State determines that public
disclosure would be prejudicial to the interests of the United
States or United States claimants in proceedings before the
Tribunal, or that public disclosure would be contrary to the
rules of the Tribunal; and
"(2) the Secretary of State may determine on a case-by-case
basis to make such information available when in the judgment of
the Secretary the interests of justice so require."
EX. ORD. NO. 12170. BLOCKING IRANIAN GOVERNMENT PROPERTY
Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729, provided:
Pursuant to the authority vested in me as President by the
Constitution and laws of the United States including the
International Emergency Economic Powers Act, 50 U.S.C.A. sec. 1701
et seq., the National Emergencies Act, 50 U.S.C. sec. 1601 et seq.,
and 3 U.S.C. sec. 301,
I, JIMMY CARTER, President of the United States, find that the
situation in Iran constitutes an unusual and extraordinary threat
to the national security, foreign policy and economy of the United
States and hereby declare a national emergency to deal with that
threat.
I hereby order blocked all property and interests in property of
the Government of Iran, its instrumentalities and controlled
entities and the Central Bank of Iran which are or become subject
to the jurisdiction of the United States or which are in or come
within the possession or control of persons subject to the
jurisdiction of the United States.
The Secretary of the Treasury is authorized to employ all powers
granted to me by the International Emergency Economic Powers Act
[this chapter] to carry out the provisions of this order.
This order is effective immediately and shall be transmitted to
the Congress and published in the Federal Register.
Jimmy Carter.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12170
Notice of President of the United States, dated Nov. 9, 2005, 70
F.R. 69039, provided:
On November 14, 1979, by Executive Order 12170 [set out above],
the President declared a national emergency with respect to Iran
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States constituted by the situation in Iran. Because our relations
with Iran have not yet returned to normal, and the process of
implementing the January 19, 1981, agreements with Iran is still
underway, the national emergency declared on November 14, 1979,
must continue in effect beyond November 14, 2005. Therefore,
consistent with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year this national emergency
with respect to Iran.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12170 were contained in the following:
Notice of President of the United States, dated Nov. 9, 2004, 69
F.R. 65513.
Notice of President of the United States, dated Nov. 12, 2003, 68
F.R. 64489.
Notice of President of the United States, dated Nov. 12, 2002, 67
F.R. 68929.
Notice of President of the United States, dated Nov. 9, 2001, 66
F.R. 56966.
Notice of President of the United States, dated Nov. 9, 2000, 65
F.R. 68061.
Notice of President of the United States, dated Nov. 5, 1999, 64
F.R. 61471.
Notice of President of the United States, dated Nov. 9, 1998, 63
F.R. 63125.
Notice of President of the United States, dated Sept. 30, 1997,
62 F.R. 51591.
Notice of President of the United States, dated Oct. 29, 1996, 61
F.R. 56107.
Notice of President of the United States, dated Oct. 31, 1995, 60
F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994, 59
F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993, 58
F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992, 57
F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991, 56
F.R. 57791.
Notice of the President of the United States, dated Nov. 9, 1990,
55 F.R. 47453.
Notice of the President of the United States, dated Oct. 30,
1989, 54 F.R. 46043.
Notice of the President of the United States, dated Nov. 8, 1988,
53 F.R. 45750.
Notice of the President of the United States, dated Nov. 10,
1987, 52 F.R. 43549.
Notice of the President of the United States, dated Nov. 10,
1986, 51 F.R. 41067.
Notice of the President of the United States, dated Nov. 1, 1985,
50 F.R. 45901.
Notice of the President of the United States, dated Nov. 7, 1984,
49 F.R. 44741.
Notice of the President of the United States, dated Nov. 8, 1982,
47 F.R. 50841.
EX. ORD. NO. 12205. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, and Section 301
of the National Emergencies Act (50 U.S.C. 1631), in order to take
steps additional to those set forth in Executive Order No. 12170 of
November 14, 1979 [set out as a note above], to deal with the
threat to the national security, foreign policy and economy of the
United States referred to in that Order, and in furtherance of the
objectives of United Nations Security Council Resolution 461 (1979)
adopted on December 31, 1979, it is hereby ordered as follows:
1-101. The following are prohibited effective immediately,
notwithstanding any contracts entered into or licenses granted
before the date of this Order [Apr. 7, 1980]:
(a) The sale, supply or other transfer, by any person subject to
the jurisdiction of the United States, of any items, commodities or
products, except food, medicine and supplies intended strictly for
medical purposes, and donations of clothing intended to be used to
relieve human suffering, from the United States, or from any
foreign country, whether or not originating in the United States,
either to or destined for Iran, an Iranian governmental entity in
Iran, any other person or body in Iran or any other person or body
for the purposes of any enterprise carried on in Iran.
(b) The shipment by vessel, aircraft, railway or other land
transport of United States registration or owned by or under
charter to any person subject to the jurisdiction of the United
States or the carriage (whether or not in bond) by land transport
facilities across the United States of any of the items,
commodities and products covered by paragraph (a) of this section
which are consigned to or destined for Iran, an Iranian
governmental entity or any person or body in Iran, or to any
enterprise carried on in Iran.
(c) The shipment from the United States of any of the items,
products and commodities covered by paragraph (a) of this section
on vessels or aircraft registered in Iran.
(d) The following acts, when committed by any person subject to
the jurisdiction of the United States in connection with any
transaction involving Iran, an Iranian governmental entity, an
enterprise controlled by Iran or an Iranian governmental entity, or
any person in Iran:
(i) Making available any new credits or loans;
(ii) Making available any new deposit facilities or allowing
substantial increases in non-dollar deposits which exist as of
the date of this Order [Apr. 7, 1980];
(iii) Allowing more favorable terms of payment than are
customarily used in international commercial transactions; or
(iv) Failing to act in a businesslike manner in exercising any
rights when payments due on existing credits or loans are not
made in a timely manner.
(v) Make any payment, transfer of credit, or other transfer of
funds or other property or interests therein, except for purposes
of family remittances.
(e) The engaging by any person subject to the jurisdiction of the
United States in any service contract in support of an industrial
project in Iran, except any such contract entered into prior to the
date of this Order [Apr. 7, 1980] or concerned with medical care.
(f) The engaging by any person subject to the jurisdiction of the
United States in any transaction which evades or avoids, or has the
purpose or effect of evading or avoiding, any of the prohibitions
set forth in this section.
1-102. The prohibitions in section 1-101 above shall not apply to
transactions by any person subject to the jurisdiction of the
United States which is a nonbanking association, corporation, or
other organization organized and doing business under the laws of
any foreign country.
1-103. The Secretary of the Treasury is delegated, and authorized
to exercise, all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government.
1-104. The Secretary of the Treasury shall ensure that actions
taken pursuant to this Order and Executive Order No. 12170 [set out
above] are accounted for as required by Section 401 of the National
Emergencies Act (50 U.S.C. 1641).
1-105. This Order is effective immediately. In accord with
Section 401 of the National Emergencies Act (50 U.S.C. 1641) and
Section 204 of the International Emergency Economic Powers Act (50
U.S.C. 1703), it shall be immediately transmitted to the Congress
and published in the Federal Register.
Jimmy Carter.
REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12205
For provisions relating to the revocation of prohibitions
contained in Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as
amended, which prohibited certain transactions with Iran, see Ex.
Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, set out below.
EX. ORD. NO. 12211. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Sections 1732 and
2656 of Title 22 of the United States Code, and Section 301 of the
National Emergencies Act (50 U.S.C. 1631), in order to take steps
additional to those set forth in Executive Order No. 12170 of
November 14, 1979 [set out above], and Executive Order No. 12205 of
April 7, 1980 [set out above], to deal with the threat to the
national security, foreign policy and economy of the United States
referred to in those Orders, and the added unusual and
extraordinary threat to the national security, foreign policy and
economy of the United States created by subsequent events in Iran
and neighboring countries, including the Soviet invasion of
Afghanistan, with respect to which I hereby declare a national
emergency, and to carry out the policy of the United States to deny
the use of its resources to aid, encourage or give sanctuary to
those persons involved in directing, supporting or participating in
acts of international terrorism, it is hereby ordered as follows:
1-101. Paragraph 1-101(d) of Executive Order No. 12205 [set out
above] is hereby amended by the addition of a new subparagraph (v)
as follows:
(v) Make any payment, transfer of credit, or other transfer of
funds or other property or interests therein, except for purposes
of family remittances.
1-102. The following transactions are prohibited, notwithstanding
any contracts entered into or licenses granted before the date of
this Order [Apr. 17, 1980]:
(a) Effective immediately, the direct or indirect import from
Iran into the United States of Iranian goods or services, other
than materials imported for news publication or news broadcast
dissemination.
(b) Effective immediately, any transactions with a foreign
person or foreign entity by any citizen or permanent resident of
the United States relating to that person's travel to Iran after
the date of this Order [Apr. 17, 1980].
(c) Effective seven days from the date of this Order [Apr. 17,
1980], the payment by or on behalf of any citizen or permanent
resident of the United States who is within Iran of any expenses
for transactions within Iran.
The prohibitions in paragraphs (b) and (c) of this section shall
not apply to a person who is also a citizen of Iran and those
prohibitions and the prohibitions in section 1-101 shall not apply
to a journalist or other person who is regularly employed by a news
gathering or transmitting organization and who travels to Iran or
is within Iran for the purpose of gathering or transmitting news,
making news or documentary films, or similar activities.
1-103. The Secretary of the Treasury is hereby directed,
effective fourteen days from the date of this Order [Apr. 17,
1980], to revoke existing licenses for transactions by persons
subject to the jurisdiction of the United States with Iran Air, the
National Iranian Oil Company, and the National Iranian Gas Company
previously issued pursuant to regulations under Executive Order No.
12170 [set out above], or Executive Order No. 12205 [set out
above].
1-104. The Secretary of the Treasury is delegated, and authorized
to exercise, all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order. The Secretary may
redelegate any of these functions to other officers and agencies of
the Federal government.
1-105. The Secretary of the Treasury shall ensure that actions
taken by him pursuant to the above provisions of this Order,
Executive Order No. 12170 [set out above] and Executive Order No.
12205 [set out above] are accounted for as required by Section 401
of the National Emergencies Act (50 U.S.C. 1641).
1-106. The Secretary of State is delegated, and authorized to
exercise in furtherance of the purposes of this Order, the powers
vested in the President by Section 2001 of the Revised Statutes (22
U.S.C. 1732), Section 1 of the Act of July 3, 1926 (22 U.S.C.
211a), and Section 215 of the Immigration and Nationality Act (8
U.S.C. 1185), with respect to:
(a) the restriction of the use of United States passports for
travel to, in or through Iran; and
(b) the regulation of departures from and entry into the United
States in connection with travel to Iran by citizens and
permanent residents of the United States.
1-107. Except as otherwise indicated herein, this Order is
effective immediately. In accord with Section 401 of the National
Emergencies Act (50 U.S.C. 1641) and Section 204 of the
International Emergency Economic Powers Act (50 U.S.C. 1703), it
shall be immediately transmitted to the Congress and published in
the Federal Register.
Jimmy Carter.
REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12211
For provisions relating to the revocation of prohibitions
contained in Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685,
which prohibited certain transactions with Iran, see Ex. Ord. No.
12282, Jan. 19, 1981, 46 F.R. 7925, set out below.
EX. ORD. NO. 12276. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION RELATING TO ESTABLISHMENT OF ESCROW ACCOUNTS
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury is authorized to enter into,
and to license, authorize, direct, and compel any appropriate
official and/or the Federal Reserve Bank of New York, as fiscal
agent of the United States, to enter into escrow or related
agreements with a foreign central bank and with the Central Bank of
Algeria under which certain money and other assets, as and when
directed by the Secretary of the Treasury, shall be credited by the
foreign central bank to an escrow account on its books in the name
of the Central Bank of Algeria for transfer to the Government of
Iran if and when the Central Bank of Algeria receives from the
Government of Algeria a certification that the 52 U.S. diplomats
and nationals being held hostage in Iran have safely departed from
Iran. Such agreements shall include other parties and terms as
determined by the Secretary of the Treasury to be appropriate to
carry out the purposes of this Order.
1-102. The Secretary of the Treasury is authorized to license,
authorize, direct, and compel the Federal Reserve Bank of New York,
as fiscal agent of the United States, to receive certain money and
other assets in which Iran or its agencies, instrumentalities, or
controlled entities have an interest and to hold or transfer such
money and other assets, and any interest earned thereon, in such a
manner as he deems necessary to fulfill the rights and obligations
of the United States under the Declaration of the Government of the
Democratic and Popular Republic of Algeria dated January 19, 1981,
and the escrow and related agreements described in paragraph 1-101
of this Order. Such money and other assets may be held in interest-
bearing form and where possible shall be invested with or through
the entity holding the money or asset on the effective date of this
Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets referred to in paragraphs 1-101 and 1-102 of this
Order, or any regulations, instructions, or directions issued
thereunder shall to the extent thereof be a full acquittance and
discharge for all purposes of the obligation of the person making
the same. No person shall be held liable in any court for or with
respect to anything done or omitted in good faith in connection
with the administration of, or pursuant to and in reliance on, such
orders, regulations, instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12277. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. The Federal Reserve Bank of New York is licensed,
authorized, directed, and compelled to transfer to accounts at the
Bank of England, and subsequently to transfer to accounts at the
Bank of England established pursuant to an escrow agreement
approved by the Secretary of the Treasury, all gold bullion, and
other assets (or the equivalent thereof) in its custody, of the
Government of Iran, or its agencies, instrumentalities or
controlled entities. Such transfers shall be executed when and in
the manner directed by the Secretary of the Treasury. The Secretary
of the Treasury is also authorized to license, authorize, direct,
and compel the Federal Reserve Bank of New York to engage in
whatever further transactions he deems appropriate and consistent
with the purposes of this Order, including any transactions related
to the return of such bullion and other assets pursuant to the
escrow agreement.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section 1-
101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of
the assets described in section 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12278. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS OVERSEAS
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any branch or office of a United States bank or subsidiary
thereof, which branch or office is located outside the territory of
the United States and which on or after 8:10 a.m. E.S.T. on
November 14, 1979 (a) has been or is in possession of funds or
securities legally or beneficially owned by the Government of Iran
or its agencies, instrumentalities, or controlled entities, or (b)
has carried or is carrying on its books deposits standing to the
credit of or beneficially owned by such Government, agencies,
instrumentalities, or controlled entities, is licensed, authorized,
directed, and compelled to transfer such funds, securities, and
deposits, including interest from November 14, 1979, at
commercially reasonable rates, to the account of the Federal
Reserve Bank of New York at the Bank of England, to be held or
transferred as directed by the Secretary of the Treasury. The
Secretary of the Treasury shall determine when the transfers
required by this section shall take place. The funds, securities
and deposits described in this section shall be further transferred
as provided for in the Declaration of the Government of the
Democratic and Popular Republic of Algeria and its Annex.
1-102. Any banking institution subject to the jurisdiction of the
United States that has executed a set-off on or after November 14,
1979, at 8:10 a.m. E.S.T. against Iranian funds, securities, or
deposits referred to in section 1-101 is hereby licensed,
authorized, directed, and compelled to cancel such set-off and to
transfer all funds, securities, and deposits which have been
subject to such set-off, including interest from November 14, 1979,
at commercially reasonable rates, pursuant to the provisions of
section 1-101 of this Order.
1-103. If the funds, securities, and deposits described in
section 1-101 are not promptly transferred to the control of the
Government of Iran, such funds, securities, and deposits shall be
returned to the banking institutions holding them on the effective
date of this Order and the set-offs described in section 1-102
shall be in force as if this Order had not been issued and the
status of all such funds, securities, deposits and set-offs shall
be status quo ante.
1-104. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Sections 1-101 and 1-102 of
this Order are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in Sections 1-101 and 1-102 of this Order and which
derive from any attachment, injunction, other like proceedings or
process, or other action in any litigation after November 14, 1979,
at 8:10 a.m. E.S.T., including those derived from Section 535.504
of the Iranian Assets Control Regulations, other than rights,
powers, and privileges of the Government of Iran and its agencies,
instrumentalities, and controlled entities, whether acquired by
court order or otherwise, are nullified, and all persons claiming
any such right, power, or privilege are hereafter barred from
exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Sections
1-101 and 1-102 of this Order.
1-105. Compliance with this Order, any other Executive Order
licensing, authorizing, directing, or compelling the transfer of
the assets described in Sections 1-101 and 1-102 of this Order, or
any regulations, instructions, or directions issued thereunder
shall to the extent thereof be a full acquittance and discharge for
all purposes of the obligation of the person making the same. No
person shall be held liable in any court for or with respect to
anything done or omitted in good faith in connection with the
administration of, or pursuant to and in reliance on, such orders,
regulations, instructions, or directions.
1-106. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-107. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-108. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12279. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS HELD BY DOMESTIC
BANKS
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any branch or office of a banking institution subject to
the jurisdiction of the United States, which branch or office is
located within the United States and is, on the effective date,
either (a) in possession of funds or securities legally or
beneficially owned by the Government of Iran or its agencies,
instrumentalities, or controlled entities, or (b) carrying on its
books deposits standing to the credit of or beneficially owned by
such Government, agencies, instrumentalities, or controlled
entities is licensed, authorized, directed and compelled to
transfer such funds, securities, and deposits, including interest
from November 14, 1979, at commercially reasonable rates, to the
Federal Reserve Bank of New York, to be held or transferred as
directed by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section 1-
101 of this Order.
1-103. Compliance with this Order, any other Executive Order
licensing, authorizing, directing or compelling the transfer of the
assets described in section 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12280. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER IRANIAN GOVERNMENT FINANCIAL ASSETS HELD BY
NON-BANKING INSTITUTIONS
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. Any person subject to the jurisdiction of the United
States which is not a banking institution and is on the effective
date in possession or control of funds or securities of Iran or its
agencies, instrumentalities, or controlled entities is licensed,
authorized, directed and compelled to transfer such funds or
securities to the Federal Reserve Bank of New York to be held or
transferred as directed by the Secretary of the Treasury.
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section 1-
101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12281. RELEASE OF AMERICAN HOSTAGES IN IRAN -
DIRECTION TO TRANSFER CERTAIN IRANIAN GOVERNMENT ASSETS
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran and
in which Iran and the United States instruct and require that the
assets described in this Order shall be transferred as set forth
below by the holders of such assets, it is hereby ordered that as
of the effective date of this Order:
1-101. All persons subject to the jurisdiction of the United
States in possession or control of properties, not including funds
and securities, owned by Iran or its agencies, instrumentalities,
or controlled entities are licensed, authorized, directed and
compelled to transfer such properties, as directed after the
effective date of this Order by the Government of Iran, acting
through its authorized agent. Except where specifically stated,
this license, authorization, and direction does not relieve persons
subject to the jurisdiction of the United States from existing
legal requirements other than those based upon the International
Emergency Economic Powers Act [this chapter].
1-102. (a) All licenses and authorizations for acquiring or
exercising any right, power, or privilege, by court order,
attachment, or otherwise, including the license contained in
Section 535.504 of the Iranian Assets Control Regulations, with
respect to the properties described in Section 1-101 of this Order
are revoked and withdrawn.
(b) All rights, powers, and privileges relating to the properties
described in section 1-101 of this Order and which derive from any
attachment, injunction, other like proceedings or process, or other
action in any litigation after November 14, 1979, at 8:10 a.m. EST,
including those derived from Section 535.504 of the Iranian Assets
Control Regulations, other than rights, powers, and privileges of
the Government of Iran and its agencies, instrumentalities, and
controlled entities, whether acquired by court order or otherwise,
are nullified, and all persons claiming any such right, power, or
privilege are hereafter barred from exercising the same.
(c) All persons subject to the jurisdiction of the United States
are prohibited from acquiring or exercising any right, power, or
privilege, whether by court order or otherwise, with respect to the
properties (and any income earned thereon) referred to in Section 1-
101 of this Order.
1-103. Compliance with this Executive Order, any other Executive
Order licensing, authorizing, directing or compelling the transfer
of the assets described in paragraph 1-101 of this Order, or any
regulations, instructions, or directions issued thereunder shall to
the extent thereof be a full acquittance and discharge for all
purposes of the obligation of the person making the same. No person
shall be held liable in any court for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, such orders, regulations,
instructions, or directions.
1-104. The Attorney General shall seek to intervene in any
litigation within the United States which arises out of this Order
and shall, among other things, defend the legality of, and all
actions taken pursuant to, each of its provisions.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12282. RELEASE OF AMERICAN HOSTAGES IN IRAN -
REVOCATION OF PROHIBITIONS AGAINST TRANSACTIONS INVOLVING IRAN
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostage and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. The prohibitions contained in Executive Order 12205 of
April 7, 1980 [set out above], and Executive Order 12211 of April
17, 1980 [set out above], and Proclamation 4702 of November 12,
1979 [amending Proc. No. 3279, set out under section 1862 of Title
19, Customs Duties], are hereby revoked.
1-102. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purpose of this Order.
1-103. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12283. RELEASE OF AMERICAN HOSTAGES IN IRAN -
NON-PROSECUTION OF CLAIMS OF HOSTAGES AND FOR ACTIONS AT THE UNITED
STATES EMBASSY AND ELSEWHERE
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. The Secretary of the Treasury shall promulgate
regulations: (a) prohibiting any person subject to U.S.
jurisdiction from prosecuting in any court within the United States
or elsewhere any claim against the Government of Iran arising out
of events occurring before the date of this Order relating to (1)
the seizure of the hostages on November 4, 1979, (2) their
subsequent detention, (3) injury to United States property or
property of United States nationals within the United States
Embassy compound in Tehran after November 3, 1979, or (4) injury to
United States nationals or their property as a result of popular
movements in the course of the Islamic Revolution in Iran which
were not an act of the Government of Iran; (b) prohibiting any
person not a U.S. national from prosecuting any such claim in any
court within the United States; (c) ordering the termination of any
previously instituted judicial proceedings based upon such claims;
and (d) prohibiting the enforcement of any judicial order issued in
the course of such proceedings.
1-102. The Attorney General of the United States is authorized
and directed, immediately upon the issuance of regulations in
accordance with Section 1-101, to take all appropriate measures to
notify all appropriate courts of the existence of this Order and
implementing regulations and the resulting termination of
litigation.
1-103. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purpose of this Order.
1-104. This Order shall be effective immediately.
Jimmy Carter.
EX. ORD. NO. 12284. RELEASE OF AMERICAN HOSTAGES IN IRAN -
RESTRICTIONS ON TRANSFER OF PROPERTY OF FORMER SHAH OF IRAN
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which I based my declarations
of national emergency in Executive Order 12170 [set out above],
issued November 14, 1979, and in Executive Order 12211 [set out
above], issued April 17, 1980, in order to implement agreements
with the Government of Iran, as reflected in Declarations of the
Government of the Democratic and Popular Republic of Algeria dated
January 19, 1981, relating to the release of U.S. diplomats and
nationals being held as hostages and to the resolution of claims of
United States nationals against Iran, and to begin the process of
normalization of relations between the United States and Iran, it
is hereby ordered that as of the effective date of this Order:
1-101. For the purpose of protecting the rights of litigants in
courts within the United States, all property and assets located in
the United States within the control of the estate of Mohammad Reza
Pahlavi, the former Shah of Iran, or any close relative of the
former Shah served as a defendant in litigation in such courts
brought by Iran seeking the return of property alleged to belong to
Iran, is hereby blocked as to each such estate or person until all
such litigation against such estate or person is finally
terminated.
1-102. The Secretary of the Treasury is authorized and directed
(a) to promulgate regulations requiring all persons who are subject
to the jurisdiction of the United States and who, as of November 3,
1979, or as of this date, have actual or constructive possession of
property of the kind described in Section 1-101, or knowledge of
such possession by others, to report such possession or knowledge
thereof, to the Secretary of the Treasury in accordance with such
regulations and (b) to make available to the Government of Iran or
its designated agents all identifying information derived from such
reports to the fullest extent permitted by law. Such reports shall
be required as to all individuals described in 1-101 and shall be
required to be filed within 30 days after publication of a notice
in the Federal Register.
1-103. The Secretary of the Treasury is authorized and directed
(a) to require all agencies within the Executive Branch of the
United States Government to deliver to the Secretary all official
financial books and records which serve to identify any property of
the kind described in Section 1-101 of this Order, and (b) to make
available to the Government of Iran or its designated agents all
identifying information derived from such books and records to the
fullest extent permitted by law.
1-104. The Attorney General of the United States having advised
the President of his opinion that no claim on behalf of the
Government of Iran for recovery of property of the kind described
in Section 1-101 of this Order should be considered legally barred
either by sovereign immunity principles or by the act of state
doctrine, the Attorney General is authorized and directed to
prepare, and upon the request of counsel representing the
Government of Iran to present to the appropriate court or courts
within the United States, suggestions of interest reflecting that
such is the position of the United States, and that it is also the
position of the United States that Iranian decrees and judgments
relating to the assets of the former Shah and the persons described
in Section 1-101 should be enforced by such courts in accordance
with United States law.
1-105. The Secretary of the Treasury is delegated and authorized
to exercise all functions vested in the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to carry out the purposes of this Order.
1-106. This Order shall be effective immediately.
Jimmy Carter.
EXECUTIVE ORDER NO. 12285
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by
Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No.
12317, Aug. 14, 1981, 46 F.R. 42241, which established the
President's Commission on Hostage Compensation and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12379,
Sec. 21, Aug. 17, 1982, 47 F.R. 36100, set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.
EX. ORD. NO. 12294. SUSPENSION OF LITIGATION AGAINST IRAN
Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States, including Section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702),
Section 301 of Title 3 of the United States Code, Section 1732 of
Title 22 of the United States Code, and Section 301 of the National
Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual
and extraordinary threat to the national security, foreign policy
and economy of the United States upon which were based the
declarations of national emergency in Executive Order No. 12170,
issued November 14, 1979 [set out above], and in Executive Order
No. 12211, issued April 17, 1980 [set out above], in light of the
agreement with the Government of Iran, as reflected in the
Declarations of the Government of the Democratic and Popular
Republic of Algeria dated January 19, 1981, relating to the release
of United States diplomats and nationals being held as hostages and
to the resolution of claims of United States nationals against
Iran, in order to implement Article II of the Declaration of
Algeria concerning the settlement of claims and to begin the
process of normalization of relations between the United States and
Iran, it is hereby ordered that as of the effective date of this
Order:
Section 1. All claims which may be presented to the Iran-United
States Claims Tribunal under the terms of Article II of the
Declaration of the Government of the Democratic and Popular
Republic of Algeria Concerning the Settlement of Claims by the
Government of the United States of America and the Government of
the Islamic Republic of Iran, and all claims for equitable or other
judicial relief in connection with such claims, are hereby
suspended, except as they may be presented to the Tribunal. During
the period of this suspension, all such claims shall have no legal
effect in any action now pending in any court of the United States,
including the courts of any state or any locality thereof, the
District of Columbia and Puerto Rico, or in any action commenced in
any such court after the effective date of this Order. Nothing in
this action precludes the commencement of an action after the
effective date of this Order for the purpose of tolling the period
of limitations for commencement of such action.
Sec. 2. Nothing in this Order shall require dismissal of any
action for want of prosecution.
Sec. 3. Suspension under this Order of a claim or a portion
thereof submitted to the Iran-United States Claims Tribunal for
adjudication shall terminate upon a determination by the Tribunal
that it does not have jurisdiction over such claim or such portion
thereof.
Sec. 4. A determination by the Iran-United States Claims Tribunal
on the merits that a claimant is not entitled to recover on a claim
shall operate as a final resolution and discharge of the claim for
all purposes. A determination by the Tribunal that a claimant shall
have recovery on a claim in a specified amount shall operate as a
final resolution and discharge of the claim for all purposes upon
payment to the claimant of the full amount of the award, including
any interest awarded by the Tribunal.
Sec. 5. Nothing in this Order shall apply to any claim concerning
the validity or payment of a standby letter of credit, performance
or payment bond or other similar instrument.
Sec. 6. Nothing in this Order shall prohibit the assertion of a
counterclaim or set-off by a United States national in any judicial
proceeding pending or hereafter commenced by the Government of
Iran, any political subdivision of Iran, or any agency,
instrumentality, or entity controlled by the Government of Iran or
any political subdivision thereof.
Sec. 7. The Secretary of the Treasury is authorized to employ all
powers granted to me by the International Emergency Economic Powers
Act [this chapter] and by 22 U.S.C. Sec. 1732 to carry out the
purposes of this Order.
Sec. 8. Executive Order Nos. 12276 through 12285 of January 19,
1981 [set out above], are ratified.
This Order shall be effective immediately and copies shall be
transmitted to the Congress.
Ronald Reagan.
EXECUTIVE ORDER NO. 12444
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12451, Dec. 20,
1983, 48 F.R. 56563, set out below.
EX. ORD. NO. 12451. CONTINUATION OF EXPORT CONTROL REGULATIONS
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 203 of
the International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as "IEEPA"), 22 U.S.C. 287c, and the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
et seq.) (hereinafter referred to as "the Act), it is hereby
ordered as follows:
Section 1. In view of the extension by Public Law 98-207
(December 5, 1983) [amending 50 App. U.S.C. 2419], of the
authorities contained in the Act, Executive Order No. 12444 of
October 14, 1983, which continued in effect export control
regulations under IEEPA, is revoked, and the declaration of
economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12444 shall not
affect any violation of any rules, regulations, orders, licenses
and other forms of administrative action under that Order which
occurred during the period that Order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and that Order, including those published in Title 15,
Chapter III, Subchapter C, of the Code of Federal Regulations,
Parts 368 to 399 inclusive, and all orders, regulations, licenses
and other forms of administrative action issued, taken or continued
in effect pursuant thereto, shall remain in full force and effect,
as if issued, taken or continued in effect pursuant to the Act
until amended or revoked by the proper authority. Nothing in this
Order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set
forth in Executive Order No. 12002 of July 7, 1977 and Executive
Order No. 12214 of May 2, 1980 [50 App. U.S.C. 2403 note].
Sec. 3. All orders, licenses, and other forms of administrative
action issued, taken or continued in effect pursuant to the
authority of the IEEPA and Executive Order No. 12444 relating to
the administration of section 38(e) of the Arms Export Control Act
(22 U.S.C. 2778(e)) shall remain in full force and effect until
amended or revoked under proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
EXECUTIVE ORDER NO. 12470
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12525, July 12,
1985, 50 F.R. 28757, set out below.
Continuation of emergency declared by Ex. Ord. No. 12470 was
contained in Notice of the President of the United States, dated
Mar. 28, 1985, 50 F.R. 12513.
EXECUTIVE ORDER NO. 12513
Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, which prohibited
trade and certain other transactions involving Nicaragua, was
revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, set out
below.
Continuations of national emergency declared by Ex. Ord. No.
12513 were contained in the following:
Notice of the President of the United States, dated Apr. 21,
1989, 54 F.R. 17701.
Notice of the President of the United States, dated Apr. 25,
1988, 53 F.R. 15011.
Notice of the President of the United States, dated Apr. 21,
1987, 52 F.R. 13425.
Notice of the President of the United States, dated Apr. 22,
1986, 51 F.R. 15461.
EX. ORD. NO. 12525. TERMINATION OF EMERGENCY AUTHORITY FOR EXPORT
CONTROLS
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including section 203 of
the International Emergency Economic Powers Act (50 U.S.C. 1702)
(hereinafter referred to as "IEEPA"), 22 U.S.C. 287c, and the
Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
et seq.) (hereinafter referred to as "the Act"), it is hereby
ordered as follows:
Section 1. In view of the extension by Public Law 99-64 (July 12,
1985) [amending 50 App. U.S.C. 2419] of the authorities contained
in the Act, Executive Order No. 12470 of March 30, 1984, which
continued in effect export control regulations under IEEPA, is
revoked, and the declaration of economic emergency is rescinded.
Sec. 2. The revocation of Executive Order No. 12470 shall not
affect any violation of any rules, regulations, orders, licenses,
and other forms of administrative action under that Order that
occurred during the period that Order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and that Order, including those published in Title 15,
Chapter III, Subchapter C, of the Code of Federal Regulations,
Parts 368 to 399 inclusive, and all orders, regulations, licenses,
and other forms of administrative action issued, taken or continued
in effect pursuant thereto, shall remain in full force and effect,
as if issued, taken or continued in effect pursuant to and as
authorized by the Act or by other appropriate authority until
amended or revoked by the proper authority. Nothing in this Order
shall affect the continued applicability of the provision for the
administration of the Act and delegations of authority set forth in
Executive Order No. 12002 of July 7, 1977, and Executive Order No.
12214 of May 2, 1980 [set out under 50 App. U.S.C. 2403].
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken or continued in effect
pursuant to the authority of the IEEPA and Executive Order No.
12470 relating to the administration of Section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) shall remain in full force
and effect until amended or revoked under proper authority.
Sec. 4. This Order shall take effect immediately.
Ronald Reagan.
EXECUTIVE ORDER NO. 12532
Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, which
prohibited trade and certain other transactions involving South
Africa, was revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991,
56 F.R. 31855, set out as a note under section 5061 of Title 22,
Foreign Relations and Intercourse.
Continuation of national emergency declared by Ex. Ord. No. 12532
was contained in Notice of the President of the United States,
dated Sept. 4, 1986, 51 F.R. 31925.
EXECUTIVE ORDER NO. 12535
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, which prohibited
importation into United States of South African Krugerrands, was
revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R.
31855, set out as a note under section 5061 of Title 22, Foreign
Relations and Intercourse.
EXECUTIVE ORDER NO. 12543
Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, which related to
prohibiting trade and certain transactions involving Libya, was
revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665, set
out below.
Continuations of national emergency declared by Ex. Ord. No.
12543 were contained in the following:
Notice of President of the United States, dated Jan. 5, 2004, 69
F.R. 847.
Notice of President of the United States, dated Jan. 2, 2003, 68
F.R. 661.
Notice of President of the United States, dated Jan. 3, 2002, 67
F.R. 637.
Notice of President of the United States, dated Jan. 4, 2001, 66
F.R. 1251.
Notice of President of the United States, dated Dec. 29, 1999, 65
F.R. 1999.
Notice of President of the United States, dated Dec. 30, 1998, 64
F.R. 383.
Notice of President of the United States, dated Jan. 2, 1998, 63
F.R. 653.
Notice of President of the United States, dated Jan. 2, 1997, 62
F.R. 587.
Notice of President of the United States, dated Jan. 3, 1996, 61
F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994, 59
F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993, 58
F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992, 57
F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991, 56
F.R. 67465.
Notice of the President of the United States, dated Jan. 2, 1991,
56 F.R. 477.
Notice of the President of the United States, dated Jan. 4, 1990,
55 F.R. 589.
Notice of the President of the United States, dated Dec. 28,
1988, 53 F.R. 52971.
Notice of the President of the United States, dated Dec. 15,
1987, 52 F.R. 47891.
Notice of the President of the United States, dated Dec. 23,
1986, 51 F.R. 46849.
EXECUTIVE ORDER NO. 12544
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, which related to
blocking Libyan Government property in the United States or held by
U.S. persons, was revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69
F.R. 56665, set out below.
EXECUTIVE ORDER NO. 12613
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, which
prohibited imports from Iran, was revoked by Ex. Ord. No. 13059,
Sec. 7, Aug. 19, 1997, 62 F.R. 44533, set out below.
EXECUTIVE ORDER NO. 12635
Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, which blocked
property and interests in property of the Government of Panama that
were in the United States, was revoked by Ex. Ord. No. 12710, Apr.
5, 1990, 55 F.R. 13099, set out below.
Continuation of national emergency declared by Ex. Ord. No. 12635
was contained in Notice of the President of the United States,
dated Apr. 6, 1989, 54 F.R. 14197.
EX. ORD. NO. 12707. TERMINATION OF EMERGENCY WITH RESPECT TO
NICARAGUA
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
chapter 12 of title 50 of the United States Code (50 U.S.C. 191 et
seq.), and section 301 of title 3 of the United States Code.
I, GEORGE BUSH, President of the United States of America, find
that the February 25, 1990, democratic election in Nicaragua has
ended the unusual and extraordinary threat to the national security
and foreign policy of the United States previously posed by the
policies and actions of the Sandinista government in that country,
and the need to continue the national emergency declared in
Executive Order No. 12513 of May 1, 1985, to deal with that threat.
I hereby revoke Executive Order No. 12513 and terminate the
national emergency declared in that order with respect to
Nicaragua.
Pursuant to section 202 of the National Emergencies Act (50
U.S.C. 1622), termination of the national emergency with respect to
Nicaragua shall not affect any action taken or proceeding pending
and not finally concluded or determined at the effective date of
this order, or any action or proceeding based on any act committed
prior to the effective date of this order, or any rights or duties
that matured or penalties that were incurred prior to the effective
date of this order.
This order shall take effect immediately.
George Bush.
EX. ORD. NO. 12710. TERMINATION OF EMERGENCY WITH RESPECT TO PANAMA
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) (hereinafter referred to as "IEEPA"), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (hereinafter referred to
as "the NEA"), chapter 12 of title 50 of the United States Code (50
U.S.C. 191 et seq.), and section 301 of title 3 of the United
States Code.
I, GEORGE BUSH, President of the United States of America, find
that the restoration of a democratically elected government in
Panama has ended the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
previously posed by the policies and actions of Manuel Antonio
Noriega in that country, and the need to continue the national
emergency declared in Executive Order No. 12635 of April 8, 1988,
to deal with that threat.
I hereby revoke Executive Order No. 12635 and terminate the
national emergency declared in that order with respect to Panama.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination
of the national emergency with respect to Panama shall not affect
any action taken or proceeding pending not finally concluded or
determined as of the effective date of this order, or any action or
proceeding based on any act committed prior to the effective date
of this order, or any rights or duties that matured or penalties
that were incurred prior to the effective date of this order.
Pursuant to section 207 (50 U.S.C. 1706) of IEEPA, I hereby
determine that the continuation of prohibitions with regard to
transactions involving property in which the Government of Panama
has an interest is necessary on account of claims involving Panama.
This order shall take effect immediately.
George Bush.
EXECUTIVE ORDER NO. 12722
Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, which related to
blocking Iraqi Government property and prohibiting transactions
with Iraq, was revoked by Ex. Ord. No. 12724, Sec. 6, Aug. 9, 1990,
55 F.R. 33090, formerly set out below, to the extent inconsistent
with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350, July 29, 2004,
69 F.R. 46055, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12722 were contained in the following:
Notice of President of the United States, dated July 31, 2003, 68
F.R. 45739.
Notice of President of the United States, dated July 30, 2002, 67
F.R. 50341.
Notice of President of the United States, dated July 31, 2001, 66
F.R. 40105.
Notice of President of the United States, dated July 28, 2000, 65
F.R. 47241.
Notice of President of the United States, dated July 20, 1999, 64
F.R. 39897.
Notice of President of the United States, dated July 28, 1998, 63
F.R. 41175.
Notice of President of the United States, dated July 31, 1997, 62
F.R. 41803.
Notice of President of the United States, dated July 22, 1996, 61
F.R. 38561.
Notice of President of the United States, dated July 28, 1995, 60
F.R. 39099.
Notice of President of the United States, dated July 19, 1994, 59
F.R. 37151.
Notice of President of the United States, dated July 20, 1993, 58
F.R. 39111.
Notice of President of the United States, dated July 21, 1992, 57
F.R. 32875.
Notice of President of the United States, dated July 26, 1991, 56
F.R. 35995.
EXECUTIVE ORDER NO. 12723
Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, which directed
Secretary of the Treasury to block all property and interests in
Kuwaiti Government property that are in the United States or within
possession or control of United States persons, was revoked by Ex.
Ord. No. 12771, July 25, 1991, 56 F.R. 35993, set out below.
EXECUTIVE ORDER NO. 12724
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, which related to
blocking Iraqi Government property and prohibiting transactions
with Iraq, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69
F.R. 46055, set out below.
EXECUTIVE ORDER NO. 12725
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, which directed
Secretary of the Treasury to block all property and interests in
Kuwaiti Government property that are in the United States or within
possession or control of United States persons and which prohibited
transactions with Kuwait, was revoked by Ex. Ord. No. 12771, July
25, 1991, 56 F.R. 35993, set out below.
EXECUTIVE ORDER NO. 12730
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, which
continued effectiveness of the Export Administration Act of 1979,
50 App. U.S.C. 2401 et seq., and of the orders, rules and
regulations promulgated thereunder, was revoked by Ex. Ord. No.
12867, Sec. 1, Sept. 30, 1993, 58 F.R. 51747, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12730 were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992,
57 F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991,
56 F.R. 49385.
EXECUTIVE ORDER NO. 12735
Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, which declared
a national emergency to deal with threat of proliferation of
chemical and biological weapons and imposed controls on exports
that would assist a country in developing, stockpiling, delivering,
or using chemical or biological weapons and associated sanctions,
was revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.
59099, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12735 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993, 58
F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992, 57
F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991, 56
F.R. 58171.
EX. ORD. NO. 12771. REVOKING EARLIER ORDERS WITH RESPECT TO KUWAIT
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
section 301 of title 3 of the United States Code, and United
Nations Participation Act [of 1945] [22 U.S.C. 287 et seq.] (22
U.S.C. 287c),
I, GEORGE BUSH, President of the United States of America, find
that the expulsion from Kuwait of Iraq's occupation forces, the
restoration of Kuwait to its citizens, and the reinstatement of the
lawful Government of Kuwait eliminate the need for Executive Order
No. 12723 of August 2, 1990, entitled "Blocking Kuwaiti Government
Property," and Executive Order No. 12725 of August 9, 1990,
entitled "Blocking Kuwaiti Government Property and Prohibiting
Transactions With Kuwait." Those orders were issued to protect the
assets of the Government of Kuwait which were subject to United
States jurisdiction, and to prevent the transfer of benefits by
United States persons to Iraq based upon its invasion of Kuwait.
Those orders also implemented the foreign policy and protected the
national security of the United States, in conformity with
applicable resolutions of the United Nations Security Council.
Finding continuation of these orders unnecessary, I hereby order:
Section 1. Executive Order No. 12723 and Executive Order No.
12725 are hereby revoked. This revocation shall not affect the
national emergency declared in Executive Order No. 12722 [formerly
set out above] to deal with the unusual and extraordinary threat to
the national security and foreign policy of the United States posed
by the policies and action of the Government of Iraq.
Sec. 2. This revocation shall not affect:
(a) any action taken or proceeding pending and not finally
concluded or determined on the effective date of this order;
(b) any action or proceeding based on any act committed prior to
the effective date of this order; or
(c) any rights or duties that matured or penalties that were
incurred prior to the effective date of this order.
Sec. 3. This order shall take effect immediately.
George Bush.
EXECUTIVE ORDER NO. 12775
Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, which declared a
national emergency to deal with Republic of Haiti, directed
Secretary of Treasury to block all property and interests in
property of Government of Haiti that were in United States or
within possession or control of United States persons, and
prohibited transactions with Haiti, was revoked, and such national
emergency terminated, by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R.
52403, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12775 were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994,
59 F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993,
58 F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992,
57 F.R. 45557.
EXECUTIVE ORDER NO. 12779
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti that were in United States or
within possession or control of United States persons and which
prohibited transactions with Haiti and most imports from and
exports to Haiti, was revoked by Ex. Ord. No. 12932, Oct. 14, 1994,
59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12801
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, which related
to barring overflight, takeoff, and landing of aircraft flying to
or from Libya, was revoked by Ex. Ord. No. 13357, Sept. 20, 2004,
69 F.R. 56665, set out below.
EXECUTIVE ORDER NO. 12808
Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, which blocked
property of the governments of Serbia and Montenegro, acting under
the name of the Socialist Federal Republic of Yugoslavia or the
Federal Republic of Yugoslavia, was revoked by Ex. Ord. No. 13304,
May 28, 2003, 68 F.R. 32315, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12808 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67
F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66
F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65
F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205.
Notice of President of the United States, dated May 28, 1998, 63
F.R. 29527.
Notice of President of the United States, dated May 28, 1997, 62
F.R. 29283.
Notice of President of the United States, dated May 24, 1996, 61
F.R. 26773.
Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R.
2887.
Notice of President of the United States, dated May 10, 1995, 60
F.R. 25599.
Notice of President of the United States, dated May 25, 1994, 59
F.R. 27429.
Notice of President of the United States, dated May 25, 1993, 58
F.R. 30693.
EXECUTIVE ORDER NO. 12810
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by
Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, which
blocked property of, and prohibited transactions with, the Federal
Republic of Yugoslavia (Serbia and Montenegro), was revoked by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315, set out below.
EXECUTIVE ORDER NO. 12817
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, which related
to the transfer of certain Iraqi Government assets held by domestic
banks, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R.
46055, set out below.
EXECUTIVE ORDER NO. 12831
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, which set forth
additional measures in response to the actions and policies of the
Federal Republic of Yugoslavia (Serbia and Montenegro), was revoked
by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315, set out below.
EXECUTIVE ORDER NO. 12846
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, which set forth
additional measures in response to the actions and policies of the
Federal Republic of Yugoslavia (Serbia and Montenegro), was revoked
by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315, set out below.
EXECUTIVE ORDER NO. 12853
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, which directed
Secretary of the Treasury to block all property and interests in
property of Government of Haiti and the de facto regime in Haiti or
controlled directly or indirectly by either that were in United
States or within possession or control of United States persons and
which prohibited sale or supply to Haiti of petroleum or arms and
related materiel by United States persons or from United States or
using U.S.-registered vessels or aircraft, was revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12865
Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, which declared
a national emergency with respect to the actions and policies of
the National Union for the Total Independence of Angola (UNITA) and
prohibited certain transactions with UNITA, was revoked by Ex. Ord.
No. 13298, May 6, 2003, 68 F.R. 24857, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12865 were contained in the following:
Notice of President of the United States, dated Sept. 23, 2002,
67 F.R. 60105.
Notice of President of the United States, dated Sept. 24, 2001,
66 F.R. 49084.
Notice of President of the United States, dated Sept. 22, 2000,
65 F.R. 57721.
Notice of President of the United States, dated Sept. 21, 1999,
64 F.R. 51419.
Notice of President of the United States, dated Sept. 23, 1998,
63 F.R. 51509.
Notice of President of the United States, dated Sept. 24, 1997,
62 F.R. 50477.
Notice of President of the United States, dated Sept. 16, 1996,
61 F.R. 49047.
Notice of President of the United States, dated Sept. 18, 1995,
60 F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994, 59
F.R. 42749.
EX. ORD. NO. 12867. TERMINATION OF EMERGENCY AUTHORITY FOR CERTAIN
EXPORT CONTROLS
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 203
of the International Emergency Economic Powers Act (50 U.S.C. 1702)
("the IEEPA"), the National Emergencies Act (50 U.S.C. 1601 et
seq.), the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.) ("the Act"), and section 301 of title 3 of the
United States Code, it is hereby ordered as follows:
Section 1. In view of the extension of the Act by Public Law 103-
10 (March 27, 1993) [amending 50 App. U.S.C. 2419], Executive
Order No. 12730 of September 30, 1990, which continued the effect
of export control regulations under the IEEPA, is revoked, and the
declaration of economic emergency is rescinded, as provided in this
order.
Sec. 2. The revocation of Executive Order No. 12730 shall not
affect any violation of any rules, regulations, orders, licenses,
and other forms of administrative action under that Order that
occurred during the period the order was in effect. All rules and
regulations issued or continued in effect under the authority of
the IEEPA and Executive Order No. 12735, including those codified
at 15 CFR Sections 768-799 (1993), and all orders, regulations,
licenses, and other forms of administrative action issued, taken,
or continued in effect pursuant thereto, shall remain in full force
and effect, as if issued, taken, or continued in effect pursuant to
and as authorized by the Act or by other appropriate authority
until amended or revoked by the proper authority. Nothing in this
order shall affect the continued applicability of the provision for
the administration of the Act and delegations of authority set
forth in Executive Order No. 12002 of July 7, 1977, Executive Order
No. 12214 of May 2, 1980 [50 App. U.S.C. 2403 notes], and Executive
Order No. 12735 of November 16, 1990.
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant to the authority of the IEEPA and Executive Order No.
12730 relating to the administration of Section 38(e) of the Arms
Export Control Act (22 U.S.C. 2778(e)) shall remain in full force
and effect until amended or revoked under proper authority.
Sec. 4. This order shall take effect immediately.
William J. Clinton.
EXECUTIVE ORDER NO. 12868
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, which directed
Secretary of Commerce to regulate activities of United States
persons to prevent participation in weapons proliferation
activities, was revoked, with savings provision, by Ex. Ord. No.
12930, Sec. 3, Sept. 29, 1994, 59 F.R. 50475, formerly set out
below.
EXECUTIVE ORDER NO. 12872
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, which directed
Secretary of the Treasury to block property of persons obstructing
democratization in Haiti, was revoked by Ex. Ord. No. 12932, Oct.
14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12914
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, which directed
Secretary of the Treasury to block all funds and financial
resources of officers and employees of Haitian military, including
police, and of all major participants in coup d'etat in Haiti
of 1991 and in illegal governments that followed, and which
prohibited air travel between United States territory and Haiti
except regularly scheduled commercial passenger flights, was
revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, set
out below.
EXECUTIVE ORDER NO. 12917
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, which prohibited
imports into United States from Haiti and activity by United States
persons or in United States promoting or dealing in Haitian
exports, with certain exceptions, was revoked by Ex. Ord. No.
12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12920
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, which
prohibited payment or transfer of funds or other financial or
investment assets or credits to Haiti from or through United States
or from Haiti to or through United States and the sale, supply, or
exportation of goods, technology, or services to Haiti or promotion
of such activity, with certain exceptions, was revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.
EXECUTIVE ORDER NO. 12922
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, which directed
Secretary of the Treasury to block property and interests in
property of Haitian national residents in Haiti and to continue
blocking property of certain other persons that were in United
States or within possession and control of United States persons,
was revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403,
set out below.
EXECUTIVE ORDER NO. 12923
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 12924, Sec. 4,
Aug. 19, 1994, 59 F.R. 43438, set out below.
EXECUTIVE ORDER NO. 12924
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, which continued
effectiveness of the Export Administration Act of 1979, 50 App.
U.S.C. 2401 et seq., and of the orders, rules and regulations
promulgated thereunder, was revoked by Ex. Ord. No. 13206, Sec. 1,
Apr. 4, 2001, 66 F.R. 18397, set out below.
Continuations of national emergency declared by Ex. Ord. No.
12924 were contained in the following:
Notice of President of the United States, dated Aug. 3, 2000, 65
F.R. 48347.
Notice of President of the United States, dated Aug. 10, 1999, 64
F.R. 44101.
Notice of President of the United States, dated Aug. 13, 1998, 63
F.R. 44121.
Notice of President of the United States, dated Aug. 13, 1997, 62
F.R. 43629.
Notice of President of the United States, dated Aug. 14, 1996, 61
F.R. 42527.
Notice of President of the United States, dated Aug. 15, 1995, 60
F.R. 42767.
EXECUTIVE ORDER NO. 12930
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, which directed
Secretary of Commerce to take measures to restrict participation by
United States persons in weapons proliferation activities, was
revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.
59099, set out below.
EX. ORD. NO. 12932. TERMINATION OF EMERGENCY WITH RESPECT TO HAITI
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), the National Emergencies Act ("NEA") (50 U.S.C. 1601 et
seq.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c), and section 301 of title 3, United
States Code, and taking into consideration United Nations Security
Council Resolution 944 of September 29, 1994,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the restoration of a democratically elected government in
Haiti has ended the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
previously posed by the policies and actions of the de facto regime
in Haiti and the need to continue the national emergency declared
in Executive Order No. 12775 of October 4, 1991, to deal with that
threat.
I hereby revoke Executive Order Nos. 12775, 12779, 12853, 12872,
12914, 12917, 12920, and 12922 and terminate the national emergency
declared in Executive Order No. 12775 with respect to Haiti.
Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination
of the national emergency with respect to Haiti shall not affect
any action taken or proceeding pending not finally concluded or
determined as of the effective date of this order, or any action or
proceeding based on any act committed prior to the effective date
of this order, or any rights or duties that matured or penalties
that were incurred prior to the effective date of this order.
This order shall take effect at 12:01 a.m. eastern daylight time
on October 16, 1994.
William J. Clinton.
EXECUTIVE ORDER NO. 12934
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, which set forth
additional measures in response to the actions and policies of the
Bosnian Serb forces in the Republic of Bosnia and Herzegovina, was
revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315, set out
below.
EX. ORD. NO. 12938. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by
Ex. Ord. No. 13094, Sec. 1, July 28, 1998, 63 F.R. 40803; Ex. Ord.
No. 13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, Sec.
4, June 28, 2005, 70 F.R. 38568, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the
Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.),
Executive Orders Nos. 12851 [22 U.S.C. 2797 note] and 12924 [set
out above], and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the proliferation of nuclear, biological, and chemical
weapons ("weapons of mass destruction") and of the means of
delivering such weapons, constitutes an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States, and hereby declare a national emergency to deal with
that threat.
Accordingly, I hereby order:
Section 1. International Negotiations. It is the policy of the
United States to lead and seek multilaterally coordinated efforts
with other countries to control the proliferation of weapons of
mass destruction and the means of delivering such weapons.
Accordingly, the Secretary of State shall cooperate in and lead
multilateral efforts to stop the proliferation of weapons of mass
destruction and their means of delivery.
Sec. 2. Imposition of Controls. As provided herein, the Secretary
of State and the Secretary of Commerce shall use their respective
authorities, including the Arms Export Control Act [22 U.S.C. 2751
et seq.] and the International Emergency Economic Powers Act [50
U.S.C. 1701 et seq.], to control any exports, to the extent they
are not already controlled by the Department of Energy and the
Nuclear Regulatory Commission, that either Secretary determines
would assist a country in acquiring the capability to develop,
produce, stockpile, deliver, or use weapons of mass destruction or
their means of delivery. The Secretary of State shall pursue early
negotiations with foreign governments to adopt effective measures
comparable to those imposed under this order.
Sec. 3. Department of Commerce Controls. (a) The Secretary of
Commerce shall prohibit the export of any goods, technology, or
services subject to the Secretary's export jurisdiction that the
Secretary of Commerce determines, in consultation with the
Secretary of State, the Secretary of Defense, and other appropriate
officials, would assist a foreign country in acquiring the
capability to develop, produce, stockpile, deliver, or use weapons
of mass destruction or their means of delivery. The Secretary of
State shall pursue early negotiations with foreign governments to
adopt effective measures comparable to those imposed under this
section.
(b) Subsection (a) of this section will not apply to exports
relating to a particular category of weapons of mass destruction
(i.e., nuclear, chemical, or biological weapons) if their
destination is a country with whose government the United States
has entered into a bilateral or multilateral arrangement for the
control of that category of weapons of mass destruction-related
goods (including delivery systems) and technology, or maintains
domestic export controls comparable to controls that are imposed by
the United States with respect to that category of goods and
technology, or that are otherwise deemed adequate by the Secretary
of State.
(c) The Secretary of Commerce shall require validated licenses to
implement this order and shall coordinate any license applications
with the Secretary of State and the Secretary of Defense.
(d) The Secretary of Commerce, in consultation with the Secretary
of State, shall take such actions, including the promulgation of
rules, regulations, and amendments thereto, as may be necessary to
continue to regulate the activities of United States persons in
order to prevent their participation in activities that could
contribute to the proliferation of weapons of mass destruction or
their means of delivery, as provided in the Export Administration
Regulations, set forth in Title 15, Chapter VII, Subchapter C, of
the Code of Federal Regulations, Parts 768 to 799 inclusive.
(e) the Secretary of Commerce shall impose and enforce such
restrictions on the importation of chemicals into the United States
as may be necessary to carry out the requirements of the Convention
on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction.
Sec. 4. Measures Against Foreign Persons.
(a) Determination by Secretary of State; Imposition of Measures.
Except to the extent provided in section 203(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)),
where applicable, if the Secretary of State, in consultation with
the Secretary of the Treasury, determines that a foreign person, on
or after November 16, 1990, the effective date of Executive Order
12735, the predecessor order to Executive Order 12938, has engaged,
or attempted to engage, in activities or transactions that have
materially contributed to, or pose a risk of materially
contributing to, the proliferation of weapons of mass destruction
or their means of delivery (including missiles capable of
delivering such weapons), including any efforts to manufacture,
acquire, possess, develop, transport, transfer, or use such items,
by any person or foreign country of proliferation concern, the
measures set forth in subsections (b), (c), and (d) of this section
shall be imposed on that foreign person to the extent determined by
the Secretary of State, in consultation with the implementing
agency and other relevant agencies. Nothing in this section is
intended to preclude the imposition on that foreign person of other
measures or sanctions available under this order or under other
authorities.
(b) Procurement Ban. No department or agency of the United States
Government may procure, or enter into any contract for the
procurement of, any goods, technology, or services from any foreign
person described in subsection (a) of this section.
(c) Assistance Ban. No department or agency of the United States
Government may provide any assistance to any foreign person
described in subsection (a) of this section, and no such foreign
person shall be eligible to participate in any assistance program
of the United States Government.
(d) Import Ban. The Secretary of the Treasury shall prohibit the
importation into the United States of goods, technology, or
services produced or provided by any foreign person described in
subsection (a) of this section, other than information or
informational materials within the meaning of section 203(b)(3) of
the International Emergency Economic Powers Act (50 U.S.C.
1702(b)(3)).
(e) Termination. Measures pursuant to this section may be
terminated against a foreign person if the Secretary of State
determines that there is reliable evidence that such foreign person
has ceased all activities referred to in subsection (a) of this
section.
(f) Exceptions. Departments and agencies of the United States
Government, acting in consultation with the Secretary of State,
may, by license, regulation, order, directive, exception, or
otherwise, provide for:
(i) Procurement contracts necessary to meet U.S. operational
military requirements or requirements under defense production
agreements; intelligence requirements; sole source suppliers,
spare parts, components, routine servicing and maintenance of
products for the United States Government; and medical and
humanitarian items; and
(ii) Performance pursuant to contracts in force on the
effective date of this order under appropriate circumstances.
Sec. 5. Sanctions Against Foreign Countries. (a) In addition to
the sanctions imposed on foreign countries as provided in the
Chemical and Biological Weapons Control and Warfare Elimination Act
of 1991 [22 U.S.C. 5601 et seq.], sanctions also shall be imposed
on a foreign country as specified in subsection (b) of this
section, if the Secretary of State determines that the foreign
country has, on or after the effective date of this order or its
predecessor, Executive Order No. 12735 of November 16, 1990, (1)
used chemical or biological weapons in violation of international
law; (2) made substantial preparations to use chemical or
biological weapons in violation of international law; or (3)
developed, produced, stockpiled, or otherwise acquired chemical or
biological weapons in violation of international law.
(b) The following sanctions shall be imposed on any foreign
country identified in subsection (a)(1) of this section unless the
Secretary of State determines, on grounds of significant foreign
policy or national security, that any individual sanction should
not be applied. The sanctions specified in this section may be made
applicable to the countries identified in subsections (a)(2) or
(a)(3) when the Secretary of State determines that such action will
further the objectives of this order pertaining to proliferation.
The sanctions specified in subsection (b)(2) below shall be imposed
with the concurrence of the Secretary of the Treasury.
(1) Foreign Assistance. No assistance shall be provided to that
country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et
seq.], or any successor act, or the Arms Export Control Act [22
U.S.C. 2751 et seq.], other than assistance that is intended to
benefit the people of that country directly and that is not
channeled through governmental agencies or entities of that
country.
(2) Multilateral Development Bank Assistance. The United States
shall oppose any loan or financial or technical assistance to that
country by international financial institutions in accordance with
section 701 of the International Financial Institutions Act (22
U.S.C. 262d).
(3) Denial of Credit or Other Financial Assistance. The United
States shall deny to that country any credit or financial
assistance by any department, agency, or instrumentality of the
United States Government.
(4) Prohibition of Arms Sales. The United States Government shall
not, under the Arms Export Control Act, sell to that country any
defense articles or defense services or issue any license for the
export of items on the United States Munitions List.
(5) Exports of National Security-Sensitive Goods and Technology.
No exports shall be permitted of any goods or technologies
controlled for national security reasons under the Export
Administration Regulations.
(6) Further Export Restrictions. The Secretary of Commerce shall
prohibit or otherwise substantially restrict exports to that
country of goods, technology, and services (excluding agricultural
commodities and products otherwise subject to control).
(7) Import Restrictions. Restrictions shall be imposed on the
importation into the United States of articles (that may include
petroleum or any petroleum product) that are the growth, product,
or manufacture of that country.
(8) Landing Rights. At the earliest practicable date, the
Secretary of State shall terminate, in a manner consistent with
international law, the authority of any air carrier that is
controlled in fact by the government of that country to engage in
air transportation (as defined in section 101(10) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1301(10) [see 49 U.S.C.
40102(5)]).
Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or
5 of this order shall remain in force until the Secretary of State
determines that lifting any sanction is in the foreign policy or
national security interests of the United States or, as to
sanctions under section 4 of this order, until the Secretary has
made the determination under section 4(e).
Sec. 7. Implementation. The Secretary of State, the Secretary of
the Treasury, and the Secretary of Commerce are hereby authorized
and directed to take such actions, including the promulgation of
rules and regulations, as may be necessary to carry out the
purposes of this order. These actions, and in particular those in
sections 4 and 5 of this order, shall be made in consultation with
the Secretary of Defense and, as appropriate, other agency heads
and shall be implemented in accordance with procedures established
pursuant to Executive Order No. 12851 [22 U.S.C. 2797 note]. The
Secretary concerned may redelegate any of these functions to other
officers in agencies of the Federal Government. All heads of
departments and agencies of the United States Government are
directed to take all appropriate measures within their authority to
carry out the provisions of this order, including the suspension or
termination of licenses or other authorizations.
Sec. 8. Preservation of Authorities. 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 the authority of the International Economic
Emergency Powers Act [International Emergency Economic Powers Act,
50 U.S.C. 1701 et seq.], the Export Administration Act [50 App.
U.S.C. 2401 et seq.], the Arms Export Control Act [22 U.S.C. 2751
et seq.], the Nuclear Non-proliferation Act [22 U.S.C. 3201 et
seq.], Executive Order No. 12730 of September 30, 1990 [50 U.S.C.
1701 note], Executive Order No. 12735 of November 16, 1990,
Executive Order No. 12924 of August 18, 1994 [50 U.S.C. 1701 note],
and Executive Order No. 12930 of September 29, 1994.
Sec. 9. Judicial Review. This order is not intended to create,
nor does it create, any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, or any other person.
Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930.
Executive Order No. 12735 of November 16, 1990, and Executive Order
No. 12930 of September 29, 1994, are hereby revoked.
Sec. 11. Effective Date. This order is effective immediately.
This order shall be transmitted to the Congress and published in
the Federal Register.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12938
Notice of President of the United States, dated Oct. 25, 2005, 70
F.R. 62027, provided:
On November 14, 1994, by Executive Order 12938 [set out above],
President Clinton declared a national emergency with respect to the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States posed by the proliferation
of nuclear, biological, and chemical weapons (weapons of mass
destruction) and the means of delivering such weapons. On July 28,
1998, the President issued Executive Order 13094 amending Executive
Order 12938 to respond more effectively to the worldwide threat of
weapons of mass destruction proliferation activities. On June 28,
2005, I issued Executive Order 13382 [set out below] which, inter
alia, further amended Executive Order 12938 to improve our ability
to combat proliferation. Because the proliferation of weapons of
mass destruction and the means of delivering them continues to pose
an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, the national
emergency first declared on November 14, 1994, must continue in
effect beyond November 14, 2005. In accordance with section 202(d)
of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive
Order 12938, as amended.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12938 were contained in the following:
Notice of President of the United States, dated Nov. 4, 2004, 69
F.R. 64637.
Notice of President of the United States, dated Oct. 29, 2003, 68
F.R. 62209.
Notice of President of the United States, dated Nov. 6, 2002, 67
F.R. 68493.
Notice of President of the United States, dated Nov. 9, 2001, 66
F.R. 56965.
Notice of President of the United States, dated Nov. 9, 2000, 65
F.R. 68063.
Notice of President of the United States, dated Nov. 10, 1999, 64
F.R. 61767.
Notice of President of the United States, dated Nov. 12, 1998, 63
F.R. 63589.
Notice of President of the United States, dated Nov. 12, 1997, 62
F.R. 60993.
Notice of President of the United States, dated Nov. 12, 1996, 61
F.R. 58309.
Notice of President of the United States, dated Nov. 8, 1995, 60
F.R. 57137.
EX. ORD. NO. 12947. PROHIBITING TRANSACTIONS WITH TERRORISTS WHO
THREATEN TO DISRUPT MIDDLE EAST PEACE PROCESS
Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by
Ex. Ord. No. 13099, Secs. 1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex.
Ord. No. 13372, Sec. 2, Feb. 16, 2005, 70 F.R. 8499, provided:
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.), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that grave acts of violence committed by foreign terrorists
that disrupt the Middle East peace process constitute an unusual
and extraordinary threat to the national security, foreign policy,
and economy of the United States, and hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. Except to the extent provided in section 203(b)(3) and
(4) of IEEPA (50 U.S.C. 1702(b)(3) and (4)) and 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 effective date: (a) all property and
interests in property of:
(i) the persons listed in the Annex to this order;
(ii) foreign persons designated by the Secretary of State, in
coordination with the Secretary of the Treasury and the Attorney
General, because they are found:
(A) to have committed, or to pose a significant risk of
committing, acts of violence that have the purpose or effect of
disrupting the Middle East peace process, or
(B) to assist in, sponsor, or provide financial, material, or
technological support for, or services in support of, such acts
of violence; and
(iii) persons determined by the Secretary of the Treasury, in
coordination with the Secretary of State and the Attorney
General, to be owned or controlled by, or to act for or on behalf
of, any of the foregoing persons, that are in the United States,
that hereafter come within the United States, or that hereafter
come within the possession or control of United States persons,
are blocked;
(b) any transaction or dealing by United States persons or within
the United States in property or interests in property of the
persons designated in or pursuant to this order is prohibited,
including the making or receiving of any contribution of funds,
goods, or services to or for the benefit of such persons;
(c) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order, is prohibited.
Sec. 2. For the purposes of this order: (a) the term "person"
means an individual or entity;
(b) the term "entity" means a partnership, association,
corporation, or other organization, group, or subgroup;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) the term "foreign person" means any citizen or national of a
foreign state (including any such individual who is also a citizen
or national of the United States) or any entity not organized
solely under the laws of the United States or existing solely in
the United States, but does not include a foreign state.
Sec. 3. I hereby determine that the making of donations of the
type of articles 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 or 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 this order, and I hereby prohibit
such donations as provided by section 1.
Sec. 4. (a) The Secretary of the Treasury, in consultation with
the Secretary of State and, as appropriate, the Attorney General,
is hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers
granted to me 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. 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.
(b) Any investigation emanating from a possible violation of this
order, or of any license, order, or regulation issued pursuant to
this order, shall first be coordinated with the Federal Bureau of
Investigation (FBI), and any matter involving evidence of a
criminal violation shall be referred to the FBI for further
investigation. The FBI shall timely notify the Department of the
Treasury of any action it takes on such referrals.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m., eastern
standard time on January 24, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
ANNEX
TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS
Abu Hafs al-Masri
Abu Nidal Organization (ANO)
Democratic Front for the Liberation of Palestine (DFLP)
Hizballah
Islamic Army (a.k.a. Al-Qaida, Islamic Salvation Foundation, The
Islamic Army for the Liberation of the Holy Places, The World
Islamic Front for Jihad Against Jews and Crusaders, and The Group
for the Preservation of the Holy Sites)
Islamic Gama'at (IG)
Islamic Resistance Movement (HAMAS)
Jihad
Kach
Kahane Chai
Palestinian Islamic Jihad-Shiqaqi faction (PIJ)
Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)
Popular Front for the Liberation of Palestine (PFLP)
Popular Front for the Liberation of Palestine-General Command
(PFLP-GC)
Rifa'i Ahmad Taha Musa
Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama bin Ladin)
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12947
Notice of President of the United States, dated Jan. 18, 2006, 71
F.R. 3407, provided:
On January 23, 1995, by Executive Order 12947 [set out above],
the President declared a national emergency pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706)
to deal with the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
constituted by grave acts of violence committed by foreign
terrorists who threaten to disrupt the Middle East peace process.
On August 20, 1998, by Executive Order 13099, the President
modified the Annex to Executive Order 12947 to identify four
additional persons, including Usama bin Laden, who threaten to
disrupt the Middle East peace process.
Because these terrorist activities continue to threaten the
Middle East peace process and continue to pose an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, the national emergency declared on
January 23, 1995, as expanded on August 20, 1998, and the measures
adopted on those dates to deal with that emergency must continue in
effect beyond January 23, 2006. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency with respect to
foreign terrorists who threaten to disrupt the Middle East peace
process.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12947 were contained in the following:
Notice of President of the United States, dated Jan. 17, 2005, 70
F.R. 3277.
Notice of President of the United States, dated Jan. 16, 2004, 69
F.R. 2991.
Notice of President of the United States, dated Jan. 20, 2003, 68
F.R. 3161.
Notice of President of the United States, dated Jan. 18, 2002, 67
F.R. 3033.
Notice of President of the United States, dated Jan. 19, 2001, 66
F.R. 7371.
Notice of President of the United States, dated Jan. 19, 2000, 65
F.R. 3581.
Notice of President of the United States, dated Jan. 20, 1999, 64
F.R. 3393.
Notice of President of the United States, dated Jan. 21, 1998, 63
F.R. 3445.
Notice of President of the United States, dated Jan. 21, 1997, 62
F.R. 3439.
Notice of President of the United States, dated Jan. 18, 1996, 61
F.R. 1695.
EX. ORD. NO. 12957. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO DEVELOPMENT OF IRANIAN PETROLEUM RESOURCES
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and
section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions and policies of the Government of Iran
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. The following are prohibited, except to the extent
provided 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
effective date of this order: (a) the entry into or performance by
a United States person, or the approval by a United States person
of the entry into or performance by an entity owned or controlled
by a United States person, of (i) a contract that includes overall
supervision and management responsibility for the development of
petroleum resources located in Iran, or (ii) a guaranty of another
person's performance under such a contract;
(b) the entry into or performance by a United States person, or
the approval by a United States person of the entry into or
performance by an entity owned or controlled by a United States
person, of (i) a contract for the financing of the development of
petroleum resources located in Iran, or (ii) a guaranty of another
person's performance under such a contract; and
(c) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 2. For the 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, 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 (including foreign branches), or any person in
the United States; and
(d) The term "Iran" means the land territory claimed by Iran and
any other area over which Iran claims sovereignty, sovereign rights
or jurisdiction, including the territorial sea, exclusive economic
zone, and continental shelf claimed by Iran.
Sec. 3. 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 me by the International Emergency Economic
Powers 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. 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. 4. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 5. (a) This order is effective at 12:01 a.m., eastern
standard time, on March 16, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
[Sections 1 and 2 of Ex. Ord. No. 12957 were revoked by Ex. Ord.
No. 12959, Sec. 5, May 6, 1995, 60 F.R. 24758, set out below, to
the extent inconsistent with Ex. Ord. No. 12959.]
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12957
Notice of President of the United States, dated Mar. 13, 2006, 71
F.R. 13241, provided:
On March 15, 1995, by Executive Order 12957 [set out above], the
President declared a national emergency with respect to Iran
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States constituted by the actions and policies of the Government of
Iran. On May 6, 1995, the President issued Executive Order 12959
[set out below] imposing more comprehensive sanctions to further
respond to this threat, and on August 19, 1997, the President
issued Executive Order 13059 [set out below] consolidating and
clarifying the previous orders.
Because the actions and policies of the Government of Iran
continue to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States, the national emergency declared on March 15, 1995, must
continue in effect beyond March 15, 2006. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), I am continuing for 1 year the national emergency with
respect to Iran. Because the emergency declared by Executive Order
12957 constitutes an emergency separate from that declared on
November 14, 1979, by Executive Order 12170 [set out above], this
renewal is distinct from the emergency renewal of November 2005.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12957 were contained in the following:
Notice of President of the United States, dated Mar. 10, 2005, 70
F.R. 12581.
Notice of President of the United States, dated Mar. 10, 2004, 69
F.R. 12051.
Notice of President of the United States, dated Mar. 12, 2003, 68
F.R. 12563.
Notice of President of the United States, dated Mar. 13, 2002, 67
F.R. 11553.
Notice of President of the United States, dated Mar. 13, 2001, 66
F.R. 15013.
Notice of President of the United States, dated Mar. 13, 2000, 65
F.R. 13863.
Notice of President of the United States, dated Mar. 10, 1999, 64
F.R. 12239.
Notice of President of the United States, dated Mar. 4, 1998, 63
F.R. 11099.
Notice of President of the United States, dated Mar. 5, 1997, 62
F.R. 10409.
Notice of President of the United States, dated Mar. 8, 1996, 61
F.R. 9897.
EX. ORD. NO. 12959. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO IRAN
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex.
Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533, provided:
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.), section 505 of the International Security and Development
Cooperation Act of 1985 (22 U.S.C. 2349aa-9) (ISDCA), and section
301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
in order to take steps with respect to Iran in addition to those
set forth in Executive Order No. 12957 of March 15, 1995 [set out
above], to deal with the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
referred to in that order, hereby order:
Section 1. The following are prohibited, except to the extent
provided 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
effective date of this order:
[(a) to (d) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997,
62 F.R. 44533, set out below.]
(e) any new investment by a United States person in Iran or in
property (including entities) owned or controlled by the Government
of Iran;
[(f) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62
F.R. 44533, set out below.]
(g) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 2. For the 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, 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 (including foreign branches), or any person in
the United States;
(d) the term "Iran" means the territory of Iran and any other
territory or marine area, including the exclusive economic zone and
continental shelf, over which the Government of Iran claims
sovereignty, sovereign rights or jurisdiction, provided that the
Government of Iran exercises partial or total de facto control over
the area or derives a benefit from economic activity in the area
pursuant to international arrangements; and
(e) the term "new investment" means (i) a commitment or
contribution of funds or other assets, or (ii) a loan or other
extension of credit.
Sec. 3. 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, the
requirement of reports, including reports by United States persons
on oil transactions engaged in by their foreign affiliates with
Iran or the Government of Iran, and to employ all powers granted to
the President by IEEPA and ISDCA [Pub. L. 99-83, see Short Title of
1985 Amendments note set out under section 2151 of Title 22,
Foreign Relations and Intercourse] 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. 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. 4. The Secretary of the Treasury may not authorize the
exportation or reexportation to Iran, the Government of Iran, or an
entity owned or controlled by the Government of Iran of any goods,
technology, or services subject to export license application
requirements of another agency of the United States Government, if
authorization of the exportation or reexportation by that agency
would be prohibited by law.
Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of October
29, 1987 [formerly set out above], and sections 1 and 2 of
Executive Order No. 12957 of March 15, 1995 [set out above], are
hereby revoked to the extent inconsistent with this order.
Otherwise, the provisions of this order supplement the provisions
of Executive Orders No. 12613 and 12957.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. The measures taken pursuant to this order are in response
to actions of the Government of Iran occurring after the conclusion
of the 1981 Algiers Accords, and are intended solely as a response
to those later actions.
Sec. 8. (a) This order is effective at 12:01 a.m., eastern
daylight time, on May 7, 1995, except that (i) section 1(b), (c),
and (d) of this order shall not apply until 12:01 a.m., eastern
daylight time, on June 6, 1995, to trade transactions under
contracts in force as of the date of this order if such
transactions are authorized pursuant to Federal regulations in
force immediately prior to the date of this order ("existing trade
contracts"), and (ii) letters of credit and other financing
agreements with respect to existing trade contracts may be
performed pursuant to their terms with respect to underlying trade
transactions occurring prior to 12:01 a.m., eastern daylight time,
on June 6, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EX. ORD. NO. 12978. BLOCKING ASSETS AND PROHIBITING TRANSACTIONS
WITH SIGNIFICANT NARCOTICS TRAFFICKERS
Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by
Ex. Ord. No. 13286, Sec. 22, Feb. 28, 2003, 68 F.R. 10624,
provided:
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.), and section 301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
find that the actions of significant foreign narcotics traffickers
centered in Colombia, and the unparalleled violence, corruption,
and harm that they cause in the United States and abroad,
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
hereby declare a national emergency to deal with that threat.
Section 1. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)) and 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 effective date, I hereby order blocked all
property and interests in property that are or hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons, of:
(a) the foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of the Treasury,
in consultation with the Attorney General, the Secretary of
Homeland Security, and the Secretary of State:
(i) to play a significant role in international narcotics
trafficking centered in Colombia; or
(ii) materially to assist in, or provide financial or
technological support for or goods or services in support of, the
narcotics trafficking activities of persons designated in or
pursuant to this order; and
(c) persons determined by the Secretary of the Treasury, in
consultation with the Attorney General, the Secretary of Homeland
Security, and the Secretary of State, to be owned or controlled by,
or to act for or on behalf of, persons designated in or pursuant to
this order.
Sec. 2. Further, except to the extent provided in section 203(b)
of IEEPA and 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
effective date, I hereby prohibit the following:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property of the
persons designated in or pursuant to this order;
(b) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. For the purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association,
corporation, or other organization, group or subgroup;
(c) the term "United States person" means any United States
citizen or national, permanent resident alien, entity organized
under the laws of the United States (including foreign branches),
or any person in the United States;
(d) the term "foreign person" means any citizen or national of a
foreign state (including any such individual who is also a citizen
or national of the United States) or any entity not organized
solely under the laws of the United States or existing solely in
the United States, but does not include a foreign state; and
(e) the term "narcotics trafficking" means any activity
undertaken illicitly to cultivate, produce, manufacture,
distribute, sell, finance or transport, or otherwise assist, abet,
conspire, or collude with others in illicit activities relating to,
narcotic drugs, including, but not limited to, cocaine.
Sec. 4. The Secretary of the Treasury, in consultation with the
Attorney General, the Secretary of Homeland Security, and 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 as may be necessary to
carry out this order. The Secretary of the Treasury may redelegate
any of these functions to other officers and agencies of the United
States Government. All agencies of the United States Government are
hereby directed to take all appropriate measures within their
authority to carry out this order.
Sec. 5. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. Eastern
Daylight Time on October 22, 1995.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
ANNEX
Gilberto Rodriguez Orejuela
Miguel Angel Rodriguez Orejuela
Jose Santacruz London&241;o
Helmer Herrera Buitrago
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12978
Notice of President of the United States, dated Oct. 19, 2005, 70
F.R. 61209, provided:
On October 21, 1995, by Executive Order 12978 [set out above],
the President declared a national emergency pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706)
to deal with the unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States
constituted by the actions of significant narcotics traffickers
centered in Colombia, and the extreme level of violence,
corruption, and harm such actions cause in the United States and
abroad.
The order blocks all property and interests in property of
foreign persons listed in an annex to the order [see note above]
that are in the United States or within the possession or control
of U.S. persons, as well as of foreign persons determined to play a
significant role in international narcotics trafficking centered in
Colombia. The order similarly blocks all property and interests in
property of foreign persons determined to materially assist in, or
provide financial or technological support for or goods or services
in support of, the narcotics trafficking activities of persons
designated in or pursuant to the order, or persons determined to be
owned or controlled by, or to act for or on behalf of, persons
designated in or pursuant to the order. The order also prohibits
any transaction or dealing by United States persons or within the
United States in such property or interests in property.
Because the actions of significant narcotics traffickers centered
in Colombia continue to threaten the national security, foreign
policy, and economy of the United States and to cause an extreme
level of violence, corruption, and harm in the United States and
abroad, the national emergency declared on October 21, 1995, and
the measures adopted pursuant thereto to deal with that emergency,
must continue in effect beyond October 21, 2005. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency
with respect to significant narcotics traffickers centered in
Colombia. This notice shall be published in the Federal Register
and transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 12978 were contained in the following:
Notice of President of the United States, dated Oct. 19, 2004, 69
F.R. 61733.
Notice of President of the United States, dated Oct. 16, 2003, 68
F.R. 60023.
Notice of President of the United States, dated Oct. 16, 2002, 67
F.R. 64307.
Notice of President of the United States, dated Oct. 16, 2001, 66
F.R. 53073.
Notice of President of the United States, dated Oct. 19, 2000, 65
F.R. 63193.
Notice of President of the United States, dated Oct. 19, 1999, 64
F.R. 56667.
Notice of President of the United States, dated Oct. 19, 1998, 63
F.R. 56079.
Notice of President of the United States, dated Oct. 17, 1997, 62
F.R. 54561.
Notice of President of the United States, dated Oct. 16, 1996, 61
F.R. 54531.
EX. ORD. NO. 13047. PROHIBITING NEW INVESTMENT IN BURMA
Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 570
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208) (the "Act") [110
Stat. 3009-166], 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.), and section 301 of title 3 of the United
States Code;
I, WILLIAM J. CLINTON, President of the United States of America,
hereby determine and certify that, for purposes of section 570(b)
of the Act, the Government of Burma has committed large-scale
repression of the democratic opposition in Burma after September
30, 1996, and further determine that the actions and policies of
the Government of Burma constitute an unusual and extraordinary
threat to the national security and foreign policy of the United
States and declare a national emergency to deal with that threat.
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses that may be issued in conformity with
section 570 of the Act and pursuant to this order, I hereby
prohibit new investment in Burma by United States persons.
Sec. 2. The following are also prohibited, except to the extent
provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order:
(a) any approval or other facilitation by a United States person,
wherever located, of a transaction by a foreign person where the
transaction would constitute new investment in Burma prohibited by
this order if engaged in by a United States person or within the
United States; and
(b) any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. Nothing in this order shall be construed to prohibit the
entry into, performance of, or financing of a contract to sell or
purchase goods, services, or technology, except:
(a) where the entry into such contract on or after the effective
date of this order is for the general supervision and guarantee of
another person's performance of a contract for the economic
development of resources located in Burma; or
(b) where such contract provides for payment, in whole or in
part, in:
(i) shares of ownership, including an equity interest, in the
economic development of resources located in Burma; or
(ii) participation in royalties, earnings, or profits in the
economic development of resources located in Burma.
Sec. 4. For the 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, or other organization;
(c) the term "United States person" means any United States
citizen, permanent resident alien, juridical person organized under
the laws of the United States (including foreign branches), or any
person in the United States;
(d) the term "new investment" means any of the following
activities, if such an activity is undertaken pursuant to an
agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Burma or a
nongovernmental entity in Burma on or after the effective date of
this order:
(i) the entry into a contract that includes the economic
development of resources located in Burma;
(ii) the entry into a contract providing for the general
supervision and guarantee of another person's performance of a
contract that includes the economic development of resources
located in Burma;
(iii) the purchase of a share of ownership, including an equity
interest, in the economic development of resources located in
Burma; or
(iv) the entry into a contract providing for the participation in
royalties, earnings, or profits in the economic development of
resources located in Burma, without regard to the form of the
participation;
(e) the term "resources located in Burma" means any resources,
including natural, agricultural, commercial, financial, industrial,
and human resources, located within the territory of Burma,
including the territorial sea, or located within the exclusive
economic zone or continental shelf of Burma;
(f) the term "economic development of resources located in Burma"
shall not be construed to include not-for-profit educational,
health, or other humanitarian programs or activities.
Sec. 5. I hereby delegate to the Secretary of State the functions
vested in me under section 570(c) and (d) of the Act, to be
exercised in consultation with the heads of other agencies of the
United States Government as appropriate.
Sec. 6. 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 me by section 570(b) of the Act and by IEEPA,
as may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate the authority set forth in
this order to other officers and agencies of the United States
Government. 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. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 8. (a) This order shall take effect at 12:01 a.m., eastern
daylight time, May 21, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
[Sections 1 to 7 of Ex. Ord. No. 13047 were revoked by Ex. Ord.
No. 13310, Sec. 12, July 28, 2003, 68 F.R. 44855, set out below, to
the extent inconsistent with Ex. Ord. No. 13310.]
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13047
Notice of President of the United States, dated May 17, 2005, 70
F.R. 28771, provided:
On May 20, 1997, the President issued Executive Order 13047 [set
out above], certifying to the Congress under section 570(b) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208 [110 Stat. 3009-166]),
that the Government of Burma has committed large-scale repression
of the democratic opposition in Burma after September 30, 1996,
thereby invoking the prohibition on new investment in Burma by
United States persons contained in that section. The President also
declared a national emergency to deal with the threat posed to the
national security and foreign policy of the United States by the
actions and policies of the Government of Burma, invoking the
authority, inter alia, of the International Emergency Economic
Powers Act, 50 U.S.C. 1701 et seq. On July 28, 2003, I issued
Executive Order 13310 [set out below] taking additional steps with
respect to that national emergency by putting in place an import
ban required by the Burmese Freedom and Democracy Act of 2003 [Pub.
L. 108-61, set out above] and prohibiting exports of financial
services to Burma and the dealing in property in which certain
designated Burmese persons have an interest.
Because the actions and policies of the Government of Burma
continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States, the
national emergency declared on May 20, 1997, and the measures
adopted on that date to deal with that emergency must continue in
effect beyond May 20, 2005. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency with respect to Burma.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13047 were contained in the following:
Notice of President of the United States, dated May 17, 2004, 69
F.R. 29041.
Notice of President of the United States, dated May 16, 2003, 68
F.R. 27425.
Notice of President of the United States, dated May 16, 2002, 67
F.R. 35423.
Notice of President of the United States, dated May 15, 2001, 66
F.R. 27443.
Notice of President of the United States, dated May 18, 2000, 65
F.R. 32005.
Notice of President of the United States, dated May 18, 1999, 64
F.R. 27443.
Notice of President of the United States, dated May 18, 1998, 63
F.R. 27661.
EX. ORD. NO. 13059. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT
TO IRAN
Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531, provided:
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.), section 505 of the International Security and Development
Cooperation Act of 1985 (22 U.S.C. 2349aa-9) ("ISDCA"), and section
301 of title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America,
in order to clarify the steps taken in Executive Orders 12957 of
March 15, 1995, and 12959 of May 6, 1995 [set out above], to deal
with the unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States declared in
Executive Order 12957 in response to the actions and policies of
the Government of Iran, hereby order:
Section 1. Except to the extent provided in section 3 of this
order or in regulations, orders, directives, or licenses 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 importation into the United States of any goods
or services of Iranian origin or owned or controlled by the
Government of Iran, other than information or informational
materials within the meaning of section 203(b)(3) of IEEPA (50
U.S.C. 1702(b)(3)), is hereby prohibited.
Sec. 2. Except to the extent provided in section 3 of this order,
in section 203(b) of IEEPA (50 U.S.C. 1702(b)), or in regulations,
orders, directives, or licenses 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, reexportation, sale, or supply, directly or
indirectly, from the United States, or by a United States person,
wherever located, of any goods, technology, or services to Iran or
the Government of Iran, including the exportation, reexportation,
sale, or supply of any goods, technology, or services to a person
in a third country undertaken with knowledge or reason to know
that:
(i) such goods, technology, or services are intended specifically
for supply, transshipment, or reexportation, directly or
indirectly, to Iran or the Government of Iran; or
(ii) such goods, technology, or services are intended
specifically for use in the production of, for commingling with, or
for incorporation into goods, technology, or services to be
directly or indirectly supplied, transshipped, or reexported
exclusively or predominantly to Iran or the Government of Iran;
(b) the reexportation from a third country, directly or
indirectly, by a person other than a United States person of any
goods, technology, or services that have been exported from the
United States, if:
(i) undertaken with knowledge or reason to know that the
reexportation is intended specifically for Iran or the Government
of Iran, and
(ii) the exportation of such goods, technology, or services to
Iran from the United States was subject to export license
application requirements under any United States regulations in
effect on May 6, 1995, or thereafter is made subject to such
requirements imposed independently of the actions taken pursuant to
the national emergency declared in Executive Order 12957; provided,
however, that this prohibition shall not apply to those goods or
that technology subject to export license application requirements
if such goods or technology have been:
(A) substantially transformed into a foreign-made product outside
the United States; or
(B) incorporated into a foreign-made product outside the United
States if the aggregate value of such controlled United States
goods and technology constitutes less than 10 percent of the total
value of the foreign-made product to be exported from a third
country;
(c) any new investment by a United States person in Iran or in
property, including entities, owned or controlled by the Government
of Iran;
(d) any transaction or dealing by a United States person,
wherever located, including purchasing, selling, transporting,
swapping, brokering, approving, financing, facilitating, or
guaranteeing, in or related to:
(i) goods or services of Iranian origin or owned or controlled by
the Government of Iran; or
(ii) goods, technology, or services for exportation,
reexportation, sale, or supply, directly or indirectly, to Iran or
the Government of Iran;
(e) 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; and
(f) any transaction by a United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. Specific licenses issued pursuant to Executive Orders
12613 (of October 29, 1987) [formerly set out above], 12957, or
12959 continue in effect in accordance with their terms except to
the extent revoked, amended, or modified by the Secretary of the
Treasury. General licenses, regulations, orders, and directives
issued pursuant to those orders continue in effect in accordance
with their terms except to the extent inconsistent with this order
or to the extent revoked, amended, or modified by the Secretary of
the Treasury.
Sec. 4. For the 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, 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 (including foreign branches), or any person in
the United States;
(d) the term "Iran" means the territory of Iran and any other
territory or marine area, including the exclusive economic zone and
continental shelf, over which the Government of Iran claims
sovereignty, sovereign rights, or jurisdiction, provided that the
Government of Iran exercises partial or total de facto control over
the area or derives a benefit from economic activity in the area
pursuant to international arrangements;
(e) the term "Government of Iran" includes the Government of
Iran, any political subdivision, agency, or instrumentality
thereof, and any person owned or controlled by, or acting for or on
behalf of, the Government of Iran;
(f) the term "new investment" means:
(i) a commitment or contribution of funds or other assets; or
(ii) a loan or other extension of credit, made after the
effective date of Executive Order 12957 [Mar. 16, 1995] as to
transactions prohibited by that order, or otherwise made after the
effective date of Executive Order 12959 [see Ex. Ord. No. 12959,
Sec. 8(a), set out above].
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the promulgation of
rules and regulations, the requirement of reports, including
reports by United States persons on oil and related transactions
engaged in by their foreign affiliates with Iran or the Government
of Iran, and to employ all powers granted to me by IEEPA and the
ISDCA 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. 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. 6. (a) The Secretary of the Treasury may authorize the
exportation or reexportation to Iran or the Government of Iran of
any goods, technology, or services also subject to export license
application requirements of another agency of the United States
Government only if authorization by that agency of the exportation
or reexportation to Iran would be permitted by law.
(b) Nothing contained in this order shall be construed to
supersede the requirements established under any other provision of
law or to relieve a person from any requirement to obtain a license
or other authorization from another department or agency of the
United States Government in compliance with applicable laws and
regulations subject to the jurisdiction of that department or
agency.
Sec. 7. The provisions of this order consolidate the provisions
of Executive Orders 12613, 12957, and 12959. Executive Order 12613
and subsections (a), (b), (c), (d), and (f) of section 1 of
Executive Order 12959 are hereby revoked with respect to
transactions occurring after the effective date of this order. The
revocation of those provisions shall not alter their applicability
to any transaction or violation occurring before the effective date
of this order, nor shall it affect the applicability of any rule,
regulation, order, license, or other form of administrative action
previously taken pursuant to Executive Orders 12613 or 12959.
Sec. 8. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 9. The measures taken pursuant to this order are in response
to actions of the Government of Iran occurring after the conclusion
of the 1981 Algiers Accords, and are intended solely as a response
to those later actions.
Sec. 10. (a) This order is effective at 12:01 a.m. eastern
daylight time on August 20, 1997.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
EX. ORD. NO. 13067. BLOCKING SUDANESE GOVERNMENT PROPERTY AND
PROHIBITING TRANSACTIONS WITH SUDAN
Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, provided:
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.), and section 301 of title 3, United States Code;
I, WILLIAM J. CLINTON, President of the United States of America,
find that the policies and actions of the Government of Sudan,
including continued support for international terrorism; ongoing
efforts to destabilize neighboring governments; and the prevalence
of human rights violations, including slavery and the denial of
religious freedom, constitute an unusual and extraordinary threat
to the national security and foreign policy of the United States,
and hereby declare a national emergency to deal with that threat. I
hereby order:
Section 1. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, directives,
or licenses that may be issued pursuant to this order, all property
and interests in property of the Government of Sudan that are in
the United States, that hereafter come within the United States, or
that hereafter come within the possession or control of United
States persons, including their overseas branches, are blocked.
Sec. 2. The following are prohibited, except to the extent
provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in
regulations, orders, directives, or licenses that may be issued
pursuant to this order:
(a) the importation into the United States of any goods or
services of Sudanese origin, other than information or
informational materials;
(b) the exportation or reexportation, directly or indirectly, to
Sudan of any goods, technology (including technical data, software,
or other information), or services from the United States or by a
United States person, wherever located, or requiring the issuance
of a license by a Federal agency, except for donations of articles
intended to relieve human suffering, such as food, clothing, and
medicine;
(c) the facilitation by a United States person, including but not
limited to brokering activities, of the exportation or
reexportation of goods, technology, or services from Sudan to any
destination, or to Sudan from any location;
(d) the performance by any United States person of any contract,
including a financing contract, in support of an industrial,
commercial, public utility, or governmental project in Sudan;
(e) the grant or extension of credits or loans by any United
States person to the Government of Sudan;
(f) any transaction by a United States person relating to
transportation of cargo to or from Sudan; the provision of
transportation of cargo to or from the United States by any
Sudanese person or any vessel or aircraft of Sudanese registration;
or the sale in the United States by any person holding authority
under subtitle 7 of title 49, United States Code, of any
transportation of cargo by air that includes any stop in Sudan; and
(g) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order.
Sec. 3. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official business of the
Federal Government or the United Nations by employees thereof; or
(b) transactions in Sudan for journalistic activity by persons
regularly employed in such capacity by a news-gathering
organization.
Sec. 4. For the 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, 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 (including foreign branches), or any person in
the United States; and
(d) the term "Government of Sudan" includes the Government of
Sudan, its agencies, instrumentalities and controlled entities, and
the Central Bank of Sudan.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State and, as appropriate, other agencies, is hereby
authorized to take such actions, including the promulgation of
rules and regulations, and to employ all powers granted to me 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. 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. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 7. (a) This order shall take effect at 12:01 a.m. eastern
standard time on November 4, 1997, except that trade transactions
under contracts in force as of the effective date of this order may
be performed pursuant to their terms through 12:01 a.m. eastern
standard time on December 4, 1997, and letters of credit and other
financing agreements for such underlying trade transactions may be
performed pursuant to their terms.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13067
Notice of President of the United States, dated Nov. 1, 2005, 70
F.R. 66745, provided:
On November 3, 1997, by Executive Order 13067 [set out above],
the President declared a national emergency with respect to Sudan
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security and foreign policy of the United States
constituted by the actions and policies of the Government of Sudan.
Because the actions and policies of the Government of Sudan
continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States, the
national emergency declared on November 3, 1997, and the measures
adopted on that date to deal with that emergency must continue in
effect beyond November 3, 2005. Therefore, consistent with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency with respect to Sudan.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13067 were contained in the following:
Notice of President of the United States, dated Nov. 1, 2004, 69
F.R. 63915.
Notice of President of the United States, dated Oct. 29, 2003, 68
F.R. 62211.
Notice of President of the United States, dated Oct. 29, 2002, 67
F.R. 66525.
Notice of President of the United States, dated Oct. 31, 2001, 66
F.R. 55869.
Notice of President of the United States, dated Oct. 31, 2000, 65
F.R. 66163.
Notice of President of the United States, dated Oct. 29, 1999, 64
F.R. 59105.
Notice of President of the United States, dated Oct. 27, 1998, 63
F.R. 58617.
EXECUTIVE ORDER NO. 13069
Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, which closed
all UNITA offices located in the United States and prohibited
certain transactions with respect to UNITA, was revoked by Ex. Ord.
No. 13298, May 6, 2003, 68 F.R. 24857, set out below.
EXECUTIVE ORDER NO. 13088
Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by
Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999;
Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19,
2001, which blocked property of the governments of the Federal
Republic of Yugoslavia (Serbia and Montenegro), the Republic of
Serbia, and the Republic of Montenegro, and prohibited new
investment in the Republic of Serbia in response to the situation
in Kosovo, was revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R.
32315, set out below.
Continuations of national emergency declared by Ex. Ord. No.
13088 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67
F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66
F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65
F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205.
EXECUTIVE ORDER NO. 13098
Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, which blocked
all property of UNITA located in the United States and prohibited
certain transactions with respect to UNITA, was revoked by Ex. Ord.
No. 13298, May 6, 2003, 68 F.R. 24857, set out below.
EXECUTIVE ORDER NO. 13129
Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, which blocked
property and prohibited transactions with the Taliban in
Afghanistan, was revoked by Ex. Ord. No. 13268, July 2, 2002, 67
F.R. 44751, set out below.
Continuations of national emergency declared by Ex. Ord. No.
13129 were contained in the following:
Notice of President of the United States, dated June 30, 2001, 66
F.R. 35363.
Notice of President of the United States, dated June 30, 2000, 65
F.R. 41549.
EX. ORD. NO. 13159. BLOCKING PROPERTY OF THE GOVERNMENT OF THE
RUSSIAN FEDERATION RELATING TO THE DISPOSITION OF HIGHLY ENRICHED
URANIUM EXTRACTED FROM NUCLEAR WEAPONS
Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279, provided:
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 (IEEPA) (50 U.S.C. 1701
et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),
and section 301 of title 3, United States Code.
I, WILLIAM J. CLINTON, President of the United States of America,
in view of the policies underlying Executive Order 12938 of
November 14, 1994 [set out above], and Executive Order 13085 of May
26, 1998 [42 U.S.C. 2297h note], find that the risk of nuclear
proliferation created by the accumulation of a large volume of
weapons-usable fissile material in the territory of the Russian
Federation constitutes an unusual and extraordinary threat to the
national security and foreign policy of the United States, and
hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. A major national security goal of the United States is
to ensure that fissile material removed from Russian nuclear
weapons pursuant to various arms control and disarmament agreements
is dedicated to peaceful uses, subject to transparency measures,
and protected from diversion to activities of proliferation
concern. As reflected in Executive Order 13085, the full
implementation of the Agreement Between the Government of the
United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, dated February 18, 1993, and
related contracts and agreements (collectively, the "HEU
Agreements") is essential to the attainment of this goal. The HEU
Agreements provide for the conversion of approximately 500 metric
tons of highly enriched uranium contained in Russian nuclear
weapons into low-enriched uranium for use as fuel in commercial
nuclear reactors. In furtherance of our national security goals,
all heads of departments and agencies of the United States
Government shall continue to take all appropriate measures within
their authority to further the full implementation of the HEU
Agreements.
Sec. 2. Government of the Russian Federation assets directly
related to the implementation of the HEU Agreements currently may
be subject to attachment, judgment, decree, lien, execution,
garnishment, or other judicial process, thereby jeopardizing the
full implementation of the HEU Agreements to the detriment of U.S.
foreign policy. In order to ensure the preservation and proper and
complete transfer to the Government of the Russian Federation of
all payments due to it under the HEU Agreements, and except to the
extent provided in regulations, orders, directives, or licenses
that may hereafter be issued pursuant to this order, all property
and interests in property of the Government of the Russian
Federation directly related to the implementation of the HEU
Agreements 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 hereby blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in. Unless licensed
or authorized pursuant to this order, any attachment, judgment,
decree, lien, execution, garnishment, or other judicial process is
null and void with respect to any property or interest in property
blocked pursuant to this order.
Sec. 3. For the 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, or other organization;
(c) The term "United States person" means any United States
citizen; permanent resident alien; juridical person 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 the Russian Federation" means the
Government of the Russian Federation, any political subdivision,
agency, or instrumentality thereof, and any person owned or
controlled by, or acting for or on behalf of, the Government of the
Russian Federation.
Sec. 4. (a) The Secretary of the Treasury, in consultation with
the Secretary of State, the Secretary of Energy, and, as
appropriate, other agencies, is hereby authorized to take such
actions, including the promulgation of rules and regulations, and
to employ all powers granted to me 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. All agencies of the
United States Government are hereby directed to take all
appropriate measures within their statutory authority to carry out
the provisions of this order.
(b) Nothing contained in this order shall relieve a person from
any requirement to obtain a license or other authorization from any
department or agency of the United States Government in compliance
with applicable laws and regulations subject to the jurisdiction of
the department or agency.
Sec. 5. This order is not intended to create, nor does it create,
any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 22, 2000.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
William J. Clinton.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13159
Notice of President of the United States, dated June 17, 2005, 70
F.R. 35507, provided:
On June 21, 2000, the President issued Executive Order 13159 [set
out above] (the "Order") blocking property and interests in
property of the Government of the Russian Federation that are in
the United States, that hereafter come within the United States, or
that are or hereinafter come within the possession or control of
United States persons that are directly related to the
implementation of the Agreement Between the Government of the
United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched Uranium
Extracted from Nuclear Weapons, dated February 18, 1993, and
related contracts and agreements (collectively, the "HEU
Agreements"). The HEU Agreements allow for the downblending of
highly enriched uranium derived from nuclear weapons to low
enriched uranium for peaceful commercial purposes. The Order
invoked the authority, inter alia, of the International Emergency
Economic Powers Act, 50 U.S.C. 1701 et seq., and declared a
national emergency to deal with the unusual and extraordinary
threat to the national security and foreign policy of the United
States posed by the risk of nuclear proliferation created by the
accumulation of a large volume of weapons-usable fissile material
in the territory of the Russian Federation.
The national emergency declared on June 21, 2000, must continue
beyond June 21, 2005, to provide continued protection from
attachment, judgment, decree, lien, execution, garnishment, or
other judicial process for the property and interests in property
of the Government of the Russian Federation that are directly
related to the implementation of the HEU Agreements and subject to
U.S. jurisdiction. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing
for 1 year the national emergency with respect to weapons-usable
fissile material in the territory of the Russian Federation. This
notice shall be published in the Federal Register and transmitted
to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13159 were contained in the following:
Notice of President of the United States, dated June 16, 2004, 69
F.R. 34047.
Notice of President of the United States, dated June 10, 2003, 68
F.R. 35149.
Notice of President of the United States, dated June 18, 2002, 67
F.R. 42181.
Notice of President of the United States, dated June 11, 2001, 66
F.R. 32207.
EXECUTIVE ORDER NO. 13194
Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by
Ex. Ord. No. 13312, Sec. 3(a)-(c), July 29, 2003, 68 F.R. 45152,
which prohibited the importation of rough diamonds from Sierra
Leone, was revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R.
2823, set out below.
Continuations of national emergency declared by Ex. Ord. No.
13194 were contained in the following:
Notice of President of the United States, dated Jan. 16, 2003, 68
F.R. 2677.
Notice of President of the United States, dated Jan. 15, 2002, 67
F.R. 2547.
EX. ORD. NO. 13206. TERMINATION OF EMERGENCY AUTHORITY FOR CERTAIN
EXPORT CONTROLS
Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, provided:
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 Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.) (the "Act"), and section 301 of title 3, United
States Code, it is hereby ordered as follows:
Section 1. In view of the reauthorization and extension of the
Act by Public Law 106-508 [amending section 2419 of the Appendix to
this title], Executive Order 12924 of August 19, 1994, which
continued the effect of export control regulations under IEEPA, is
revoked, and the declaration of economic emergency is rescinded, as
provided in this order.
Sec. 2. The revocation of Executive Order 12924 shall not affect
any violation of any rules, regulations, orders, licenses, or other
forms of administrative action under that order that occurred
during the period the order was in effect. All rules and
regulations issued or continued in effect under the authority of
IEEPA and Executive Order 12924, including those codified at 15
C.F.R. 730-74 (2000), and all orders, regulations, licenses, and
other forms of administrative action issued, taken, or continued in
effect pursuant thereto, remain in full force and effect, as if
issued, taken, or continued in effect pursuant to and as authorized
by the Act or by other appropriate authority until amended or
revoked by the proper authority. Nothing in this order shall affect
the continued applicability of the provision for the administration
of the Act and delegations of authority set forth in Executive
Order 12002 of July 7, 1977, Executive Order 12214 of May 2, 1980
[50 App. U.S.C. 2403 notes], Executive Order 12938 of November 14,
1994, as amended [set out above], Executive Order 12981 of December
5, 1995, as amended, and Executive Order 13026 of November 15, 1996
[50 App. U.S.C. 2403 notes].
Sec. 3. All rules, regulations, orders, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant to the authority of IEEPA and Executive Order 12924
relating to the administration of section 38(e) of the Arms Export
Control Act (22 U.S.C. 2778(e)) shall remain in full force and
effect until amended or revoked under proper authority.
George W. Bush.
EXECUTIVE ORDER NO. 13213
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by
Ex. Ord. No. 13312, Sec. 3(d), July 29, 2003, 68 F.R. 45152, which
provided additional measures with respect to prohibiting the
importation of rough diamonds from Sierra Leone, was revoked by Ex.
Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823, set out below.
EX. ORD. NO. 13219. BLOCKING PROPERTY OF PERSONS WHO THREATEN
INTERNATIONAL STABILIZATION EFFORTS IN THE WESTERN BALKANS
Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315, provided:
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.), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
have determined that the actions of persons engaged in, or
assisting, sponsoring, or supporting, (i) extremist violence in the
former Yugoslav Republic of Macedonia, southern Serbia, the Federal
Republic of Yugoslavia, and elsewhere in the Western Balkans
region, or (ii) acts obstructing implementation of the Dayton
Accords in Bosnia or United Nations Security Council Resolution
1244 of June 10, 1999, in Kosovo, threaten the peace in or diminish
the security and stability of those areas and the wider region,
undermine the authority, efforts, and objectives of the United
Nations, the North Atlantic Treaty Organization (NATO), and other
international organizations and entities present in those areas and
the wider region, and endanger the safety of persons participating
in or providing support to the activities of those organizations
and entities, including United States military forces and
Government officials. I find that such actions constitute an
unusual and extraordinary threat to the national security and
foreign policy of the United States, and hereby declare a national
emergency to deal with that threat. 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)), and the Trade Sanctions Reform and Export Enhancement Act of
2000 (Title IX, Public Law 106-387) [22 U.S.C. 7201 et seq.], and
in regulations, orders, directives, or licenses that may hereafter
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:
(i) the persons listed in the Annex to this order; and
(ii) persons designated by the Secretary of the Treasury, in
consultation with the Secretary of State, because they are
determined:
(A) to be under open indictment by the International Criminal
Tribunal for the former Yugoslavia, unless circumstances warrant
otherwise, or
(B) to have committed, or to pose a significant risk of
committing, acts of violence that have the purpose or effect of
threatening the peace in or diminishing the stability or security
of any area or state in the Western Balkans region, undermining
the authority, efforts, or objectives of international
organizations or entities present in the region, or endangering
the safety of persons participating in or providing support to
the activities of those international organizations or entities,
or
(C) to have actively obstructed, or pose a significant risk of
actively obstructing, the Ohrid Framework Agreement of 2001
relating to Macedonia, United Nations Security Council Resolution
1244 relating to Kosovo, or the Dayton Accords or the Conclusions
of the Peace Implementation Conference held in London on December
8-9, 1995, including the decisions or conclusions of the High
Representative, the Peace Implementation Council or its Steering
Board, relating to Bosnia and Herzegovina, or
(D) to have materially assisted in, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, such acts of violence or obstructionism
or any person listed in or designated pursuant to this order, or
(E) to be owned or controlled by, or acting or purporting to
act directly or indirectly for or on behalf of, any person listed
in or designated pursuant to this order, that are or 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.
(b) 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 determined to be subject to the sanctions imposed
under this order would seriously impair the ability to deal with
the national emergency declared in this order, and hereby prohibit
such donations as provided in paragraph (a) of this section.
(c) The blocking of property and interests in property pursuant
to paragraph (a) of this section includes, but is not limited to,
the prohibition of the making or receiving by a United States
person of any contribution or provision of funds, goods, or
services to or for the benefit of a person designated in or
pursuant to paragraph (a) of this section.
Sec. 2. Any transaction by a United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is
prohibited. Any conspiracy formed to violate the prohibitions of
this order is prohibited.
Sec. 3. For the 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. 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 me 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. 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. 5. This order is not intended to create, nor does it create,
any right, benefit, or privilege, substantive or procedural,
enforceable at law by a party against the United States, its
agencies, officers, or any other person.
Sec. 6. (a) This order is effective at 12:01 eastern daylight
time on June 27, 2001;
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
Sec. 7. For those persons listed in the Annex to this order or
determined to be subject to the sanctions imposed under this order
who might have a constitutional presence in the United States, I
have determined that, because of the ability to transfer funds or
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 this
order, there need be no prior notice of a listing or determination
made pursuant to this order.
Sec. 8. 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 such
person is therefore no longer covered within the scope of the
sanctions set forth herein. Such a determination shall become
effective upon publication in the Federal Register.
George W. Bush.
ANNEX
Ademi, Rahim [born 30 Jan 1954 Karac, SaM; ICTY indictee]
Ademi, Xhevat [born 8 Dec 1962 Tetovo, MK]
Adili, Gafur [born 5 Jan 1959 Kicevo, MK]
Albanian National Army (ANA, a.k.a. AKSh)
Alispahic, Bakir [born 1 Oct 1956, Ahatovici, BiH]
Army of the Republic of Ilirida (ARI)
Arsenovic, Djojo [born 6 Jan 1952, Donje Crnjelovo, BiH]
Bajagic, Zvonko "Duga Puska" [born 6 Sep 1953, Vlasenica, BiH]
Bala, Haradin [born 10 Jun 1957 Gornja Koretica, SaM; ICTY
indictee]
Banovic, Predrag [born 28 Oct 1969 Prijedor, BiH; ICTY indictee]
Beqiri, Idajet (Hidajet) [born 20 Feb 1951 Mallakaster Fier,
Albania]
Bexheti, Nuri [born 1962 Tetovo, MK]
BIO Corporation (aka, Bosnian Investment Organization), Sarajevo,
BIB
Bjelica, Milovan "Cicko" [born l9 Oct 1958, Rogatica, BiH,
National ID No. 1910958130007]
Blagojevic, Vidoje [born 22 Jun 1950 Bratunac, BiH; ICTY
indictee]
Blaskic, Tihomir [born 2 Nov 1960 Brestovsko, BiH; ICTY indictee]
Borovcanin, Ljubomir [born 27 Feb 1960, Han Pijesak, BiH; ICTY
indictee]
Borovnica, Goran [born 15 Aug 1965; ICTY indictee]
Boskovski, Ljube [born 24 Oct 1960]
Brdjanin, Radoslav [born 9 Feb 1948 Popovac, BiH; ICTY indictee]
Butka, Spiro [born 29 May 1949]
Cengic, Hasan [born 3 Aug 1957, Odzak, BiH]
Cerkez, Mario [born 27 Mar 1959 Rijeka, BiH; ICTY indictee]
Cesic, Ranko [born 5 Sep 1964 Drvar, BiH; ICTY indictee]
Cesic-Rojs, Ljubo [born 20 Feb 1958, Posulje, BiH]
Cetnik Ravnagorski Pokret (CRP)
Coric, Valentin [born 23 Jun 1956, Citluk, BiH]
Dalipi, Tahir [born 1958 Ilince, SaM]
Delic, Hazim [born 13 May 1964; ICTY indictee]
Deronjic, Miroslav [born 6 June 1945 Bratunac, BiH; ICTY
indictee]
Djogo, Jovan [born Kalinovik, BiH]
Dosen, Damir [born 7 Apr 1967 Cirkin Polje, BiH; ICTY indictee]
Elshani, Gafur [born 29 Mar 1958 Suva Reka, SaM]
Front for Albanian National Unity (FBKSh)
Furundzija, Anto [born 8 Jul 1969 Travnik, BiH; ICTY indictee]
Fustar, Dusan [born 29 Jun 1954 Prijedor, BiH; ICTY indictee]
Gajic-Milosevic, Milica [born 1970 Milosevic Family]
Galic, Stanislav [born 12 Mar 1943 Goles, BiH; ICTY indictee]
Gashi, Sabit [born 30 Dec 1967 Suva Reka, SaM]
Gotovina, Ante [born 12 Oct 1955 Pasman, HR; ICTY indictee]
Gruban, Momcilo [born 19 Jun 1961 Bosnian Serb; ICTY indictee]
Habibi, Skender [born 13 Jul 1968 Vitina, SaM]
Hadzihasanovic, Enver [born 7 Jul 1950 Zvornik, BiH; ICTY
indictee]
Halili, Nevzat [born 15 Sep 1946 Poroj; MK]
Halilovic, Sefer [born 6 Jan 1952 Prijepolje, SaM; ICTY indictee]
Haradinaj, Daut [born 6 Apr 1978 Glodjane, SaM]
Hasani, Zhavit [born 5 May 1957 Tanusevci, MK]
Haxhirexha, Kastriot [born 9 May 1961 Debar, MK]
Hyseni, Xhemajl [born 15 Aug 1958 Lojane, MK]
Ivanovic, Milan [born 5 Feb 1955]
Jaksic, Marko [born 1954 Mitrovica, SaM]
Jankovic, Gojko [born 31 Oct 1954 Foca, BiH; ICTY indictee]
Jelavic, Ante [born 21 Oct 1963, Potprolog, HR]
Jelisic, Goran [born 7 Jun 1968 Bijeljina, BiH; ICTY indictee]
Jokic, Dragan [born 20 Aug 1957 Grbavci, BiH; ICTY indictee]
Jokic, Miodrag [born 1935 Mionica, SaM; ICTY indictee]
Josipovic, Drago [born 14 Feb 1955 Santici, BiH; ICTY indictee]
Karadzic, Aleksandar "Sasa" [born 14 May 1973, Sarajevo, BiH]
Karadzic, Luka [born 31 Apr 1951, Savnik, SaM]
Karadzic, Radovan [born 19 Jun 1945 Petnica, SaM; ICTY indictee]
Karadzic-Jovicevic, Sonja [born 22 May 1967, Sarajevo, BiH]
Knezevic, Dusan [born 23 Jun 1955 Orlovci, BiH; ICTY indictee]
Kordic, Dario [born 14 Dec 1960 Sarajevo, BiH; ICTY indictee]
Kos, Milojica [born 1 April 1963 Lamovita, BiH; ICTY indictee]
Kovacevic, Vladimir [born 15 Jan 1961; ICTY indictee]
Krajisnik, Momcilo [born 20 Jan 1945 Zabrdje, BiH; ICTY indictee]
Krnojelac, Milorad [born 25 Jul 1940 Birotici, BiH; ICTY
indictee]
Krstic, Radislav [born 15 Feb 1948, Nedjeljiste, Vlasenica, BiH;
ICTY indictee]
Kryeziu, Izmet [born 3 Oct 1954 Pagarusha-Malishev, SaM]
Kubura, Amir [born 4 Mar 1964 Kakanj, BiH;; [sic] ICTY indictee]
Kunarac, Dragoljub [born 15 May 1960 Foca, BiH;; [sic] ICTY
indictee]
Kvocka, Miroslav [born 1 Jan 1957 Maricka, BiH; ICTY indictee]
Lalovic, Dragan "Mate" [born 14 Jun 1953, Vlaholje, nr.
Kalinovik, BiH]
Landzo, Esad [born 7 Mar 1973; ICTY indictee]
Liberation Army of Presevo, Medvedja, and Bujanovac (UCPMB)
Limaj, Fatmir [born 4 Feb 1971 Banja, SaM; ICTY indictee]
Ljubicic, Pasko [born 15 Nov 1965 Nezirovic, BiH; ICTY indictee]
Lladrovici, Ramiz [born 3 Jan 1966]
Lukic, Milan [born 6 Sep 1967 Foca, BiH; ICTY indictee]
Lukic, Sredoje [born 5 Apr 1961 Visegrad, BiH; ICTY indictee]
Lukovic, Milorad Ulemek "Legija" [born 15 Mar 1968 Belgrade, SaM]
Lushtaku, Sami [born 20 Feb 1961 Srbica, SaM]
Manco Oil Company
Mandic, Momcilo "Momo" [born 1 May 1954, Kalinovik, BiH; National
ID No. JMB 0105954171511]
Marinic, Zoran [born 6 Jun 1963 Busovaca, BiH; ICTY indictee]
Markovic, Mirjana [born 10 Jul 1942; wife of Slobodan Milosevic]
Markovic, Radovac [born 1946 or 1947 Ex-FRY Deputy Minister of
Interior]
Marku, Ton [born 13 Jun 1964]
Martic, Milan [born 18 Nov 1954 Zagrovic, HR; ICTY indictee]
Martinovic, Vinko [born 21 Sep 1963 Mostar, BiH; ICTY indictee]
Mejakic, Zeljko [born 2 Aug 1964 Petrov Gaj, BiH; ICTY indictee]
Milosevic, Borislav [born 1936 Milosevic Family]
Milosevic, Dragomir [born 4 Feb 1942 Murgas, BiH; ICTY indictee]
Milosevic, Marija [born 1965; Milosevic Family]
Milosevic, Marko [born 2 Jul 1974; son of Slobodan Milosevic]
Milosevic, Milanka [Milosevic Family]
Milosevic, Slobodan [born 20 Aug 1941 Pozarevac, SaM ex-FRY
President; ICTY indictee]
Milutinovic, Milan [born 19 Dec 1942 Belgrade, SaM; ex-Pres. of
Republika Srpska; ICTY indictee]
Mladic, Ratko [born 12 Mar 1943 Bozinovici, BiH; ICTY indictee]
Morina, Xhavit [born 13 Sep 1963 Drenovc]
Mrdja, Darko [born 28 Jun 1967 Zagreb, HR; ICTY indictee]
Mrksic, Milan [born 20 Jul 1947 Vrginmost, HR; ICTY indictee]
Mucic, Zdravko [born 31 Aug 1955; ICTY indictee]
Musliu, Isak [born 31 Oct 1970 Racak, SaM]
Musliu, Jonuz [born 5 Jan 1959 Konculj, SaM]
Musliu, Shefqet [born 12 Feb 1963 Konculj, SaM]
Mustafa, Rrustem [born 27 Feb 1971 Podujevo, SaM]
Naletilic, Mladen [born 1 Dec 1946 Listica, BiH; ICTY indictee]
National Committee for the Liberation and Protection of Albanian
Lands (KKCMTsh)
National Liberation Army (NLA, a.k.a. UCK)
National Movement for the Liberation of Kosovo (LKCK)
Ndrecaj, Maliq [born 22 Apr 1969 Maciteve, SaM]
Nikolic, Dragan [born 26 Apr 1957 Vlasenica, BiH; ICTY indictee]
Nikolic, Drago [born 9 Nov 1957 Vlasenica, BiH; ICTY indictee]
Nikolic, Momir [born 20 Feb 1955, Bratunac, BiH; ICTY indictee]
Nikolic, Zarko [born 7 May 1938, Sovljak, SaM]
Obrenovic, Dragan [born 12 Apr 1963 Matino Brdo, BiH; ICTY
indictee]
Ojdanic, Dragoljub [born 1 Jun 1941 Ravni-Cajetina, SaM; Ex-Fry
Minister of Defense; ICTY indictee]
Oric, Naser [born 3 March 1967, Potocari, BiH; ICTY indictee]
Pandurevic, Vinko [born 1959 Sokolac, BiH; ICTY indictee]
Pavkovic, Nebojsa [born 10/16 Apr 1946 Senjski Rudnik, SaM Ex-VJ
Chief of Staff]
Peric, Jozo "Tukesa" [born 31 Jan 1959, Pjesevac Kula, BiH]
Plavsic, Biljana [born 7 Jul 1930 Tuzla, BiH; ICTY indictee]
Political Council of Presevo, Medvedja, and Bujanovac (PCPMB)
Popovic, Vujadin [born 14 Mar 1957; ICTY indictee]
Popular Movement of Kosovo (LPK)
Prcac, Dragoljub [born 18 Jul 1937 Omarska, BiH; ICTY indictee]
PRIVREDNA BANKA AD SRPSKO SARAJEVO (a.k.a. PRIVREDNA BANKA
SARAJEVO AD), Str Srpskih Ratnika br 14, 71420 Pale, Republika
Srpska, Bosnia-Herzegovina; Dobroslava Jedevica 14, 71000 Pale,
Republika Srpska, Bosnia-Herzegovina; Kralja Nikole Str 65,
Srbinje/Foca, Republika Srpska, Bosnia-Herzegovina; Ljube
Milanovica Str 12, Trebinje, Republika Srpska, Bosnia-Herzegovina;
Filipa Kljajica Str 6, Zvornik, Republika Srpska, Bosnia-
Herzegovina; 9/11 Str Zagrebacka, Belgrade11000, Serbia
PRIVREDNA BANKA SARAJEVO AD (a.k.a. PRIVREDNA BANKA AD SRPSKO
SARAJEVO), Str Srpskih Ratnika br 14, 71420 Pale, Republika Srpska,
Bosnia-Herzegovina; Dobroslava Jedevica 14, 71000 Pale, Republika
Srpska, Bosnia-Herzegovina; Kralja Nikole Str 65, Srbinje/Foca,
Republika Srpska, Bosnia-Herzegovina; Ljube Milanovica Str 12,
Trebinje, Republika Srpska, Bosnia-Herzegovina; Filipa Kljajica Str
6, Zvornik, Republika Srpska, Bosnia-Herzegovina; 9/11 Str
Zagrebacka, Belgradell000, Serbia
Puma Security Company (aka Puma Security Service, aka Puma
Security Agency), Mostar, Capljina, Stolac, and Siroki Brijeg, BiH
Radic, Miroslav [born 1 Jan 1961; ICTY indictee]
Radic, Mlado [born 15 May 1952 Lamovita, BiH; ICTY indictee]
Rajic, Ivica [born 5 May 1958 Johovac, BiH; ICTY indictee]
Rasevic, Mitar [born 1940 Cagust, BiH; ICTY indictee]
Rexhepi, Daut [born 1962 Poroj, MK]
Roguljic, Slavko [born c. 1952]
Rushiti (Ruxheti), Sait [born 7 Nov 1966]
Sahinpasic, Senad [born c. 1951, Foca, BiH]
Sainovic, Nikola [born 7 Dec 1948 Bor, SaM; Ex-FRY Deputy Prime
Minister; ICTY indictee]
Samiu, Izair [born 23 Jul 1963]
Santic, Vladimir [born 1 Apr 1958 Donja Veceriska, BiH; ICTY
indictee]
Selimi, Rexhep [born 15 Mar 1971 Iglarevo, SaM]
Seselj, Vojislav [born 11 Oct 1954 Sarajevo, BiH; ICTY indictee]
Shaqiri, Shaqir [born 1 Sep 1964 SaM]
Sikirica, Dusko [born 23 Mar 1964 Cirkin Pojle, BiH; ICTY
indictee]
Simatovic, Franko "Frenki" [born 1 April 1950 Belgrade, SaM, ICTY
indictee]
Simic, Blagoje [born 1 Jul 1960 Kruskovo Polje; ICTY indictee]
Simic, Milan [born 9 Aug 1960 Sarajevo, BiH; ICTY indictee]
Sljivancanin, Veselin [born 13 Jun 1953 Zabljak, SaM; ICTY
indictee]
Sopta, Stanko [born 4 Feb 1966, Duzice, BiH]
Stakic, Milomir [born 19 Jun 1962 Maricka, BiH; ICTY indictee]
Stanisic, Jovica [born 30 July 1950 Ratkovo, SaM, ICTY indictee]
Stankovic, Radovan [born 10 Mar 1953 Trebica, BiH; ICTY indictee]
Stepanovic, Novak [born 25 Apr 1966, Srebrenica, BiH]
Strugar, Pavle [born 13 Jul 1933 Pec, SaM; ICTY indictee]
Subotic, Bogdan [born 25 April 1941, Bosanska Gradiska, BiH]
Suma, Emrush [born 27 May 1974 Dimce, SaM]
Syla, Azem [born 5 Apr 1951 SaM]
Tadic, Dusan, aka "Dusko" aka "Dule" [born 1956, Cajnice, BiH;
ICTY indictee]
Tadic, Miroslav [born 12 May 1937 Novi Grad, BiH; ICTY indictee]
Talic, Momir [born 15 Jul 1942 Piskavica, BiH; ICTY indictee]
Todorovic, Stevan [born 29 Dec 1957 Donja Slatina, BiH; ICTY
indictee]
Todovic, Savo [born 11 Dec 1952 Rijeka, BiH; ICTY indictee]
Uksini (Ukshini), Sami [born 5 Mar 1963 Gjakova, SaM]
Vasiljevic, Mitar [born 25 Aug 1954 Durevici, BIN; ICTY indictee]
Vukovic, Zoran [born 6 Sep 1955 Brusna, BiH; ICTY indictee]
Xhaferi, Shefit [born 1960]
Xhemajli, Emrush [born 5 May 1959 Urosevac, SaM]
Xhemajli, Muhamet [born 8 Feb 1958 Muhovac, SaM]
Zaric, Simo [born 25 Jul 1948 Trnjak, BiH; ICTY indictee]
Zelen-Karadzic, Ljiljana [born 27 Nov 1945, Sarajevo BiH]
Zelenovic, Dragan [born 12 Feb 1961; ICTY indictee]
Zigic, Zoran [born 20 Sep 1958 Balte, BiH; ICTY indictee]
Zupljanin, Stojan [born 1951 Maslovare, BiH; ICTY indictee]
Note: The bracketed identifying information with respect to each
person listed in this Annex reflects information currently
available and is provided solely to facilitate compliance with this
order. Each individual listed in this Annex remains subject to the
prohibitions of this order notwithstanding any change in title,
position, or affiliation.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13219
Notice of President of the United States, dated June 23, 2005, 70
F.R. 36803, provided:
On June 26, 2001, by Executive Order 13219 [set out above], I
declared a national emergency with respect to the Western Balkans
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) to deal with the unusual and extraordinary threat
to the national security and foreign policy of the United States
constituted by the actions of persons engaged in, or assisting,
sponsoring, or supporting (i) extremist violence in the Republic of
Macedonia, and elsewhere in the Western Balkans region, or (ii)
acts obstructing implementation of the Dayton Accords in Bosnia or
United Nations Security Council Resolution 1244 of June 10, 1999,
in Kosovo. Subsequent to the declaration of the national emergency,
the actions of persons obstructing implementation of the Ohrid
Framework Agreement of 2001 in Macedonia also became a pressing
concern. I amended Executive Order 13219 on May 28, 2003, in
Executive Order 13304 to address this concern and to take
additional steps with respect to the national emergency. Because
the actions of persons threatening the peace and international
stabilization efforts in the Western Balkans continue to pose an
unusual and extraordinary threat to the national security and
foreign policy of the United States, the national emergency
declared on June 26, 2001, and the measures adopted on that date
and thereafter to deal with that emergency, must continue in effect
beyond June 26, 2005. Therefore, in accordance with section 202(d)
of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency with respect to the
Western Balkans.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13219 were contained in the following:
Notice of President of the United States, dated June 24, 2004, 69
F.R. 36005.
Notice of President of the United States, dated June 20, 2003, 68
F.R. 37389.
Notice of President of the United States, dated June 21, 2002, 67
F.R. 42703.
EX. ORD. NO. 13222. CONTINUATION OF EXPORT CONTROL REGULATIONS
Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including but not
limited to section 203 of the International Emergency Economic
Powers Act ("Act") (50 U.S.C. 1702), I, GEORGE W. BUSH, President
of the United States of America, find that the unrestricted access
of foreign parties to U.S. goods and technology and the existence
of certain boycott practices of foreign nations, in light of the
expiration of the Export Administration Act of 1979, as amended (50
U.S.C. App. 2401 et seq.), constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States and hereby declare a national emergency with respect
to that threat.
Accordingly, in order (a) to exercise the necessary vigilance
over exports and activities affecting the national security of the
United States; (b) to further significantly the foreign policy of
the United States, including its policy with respect to cooperation
by U.S. persons with certain foreign boycott activities, and to
fulfill its international responsibilities; and (c) to protect the
domestic economy from the excessive drain of scarce materials and
reduce the serious economic impact of foreign demand, it is hereby
ordered as follows:
Section 1. To the extent permitted by law, the provisions of the
Export Administration Act of 1979, as amended, and the provisions
for administration of the Export Administration Act of 1979, as
amended, shall be carried out under this order so as to continue in
full force and effect and amend, as necessary, the export control
system heretofore maintained by the Export Administration
Regulations issued under the Export Administration Act of 1979, as
amended. The delegations of authority set forth in Executive Order
12002 of July 7, 1977 [50 App. U.S.C. 2403 note], as amended by
Executive Order 12755 of March 12, 1991, and Executive Order 13026
of November 15, 1996 [50 App. U.S.C. 2403 note]; Executive Order
12214 of May 2, 1980 [50 App. U.S.C. 2403 note]; Executive Order
12735 of November 16, 1990; and Executive Order 12851 of June 11,
1993 [22 U.S.C. 2797 note], shall be incorporated in this order and
shall apply to the exercise of authorities under this order. All
actions under this order shall be in accordance with Presidential
directives relating to the export control system heretofore issued
and not revoked.
Sec. 2. All rules and regulations issued or continued in effect
by the Secretary of Commerce under the authority of the Export
Administration Act of 1979, as amended [50 App. U.S.C. 2401 et
seq.], including those published in Title 15, Subtitle B, Chapter
VII, Subchapter C, of the Code of Federal Regulations, Parts 730
through 774, and all orders, regulations, licenses, and other forms
of administrative action issued, taken, or continued in effect
pursuant thereto, shall, until amended or revoked by the Secretary
of Commerce, remain in full force and effect as if issued or taken
pursuant to this order, except that the provisions of sections
203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705) shall
control over any inconsistent provisions in the regulations.
Nothing in this section shall affect the continued applicability of
administrative sanctions provided for by the regulations described
above.
Sec. 3. Provisions for administration of section 38(e) of the
Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall
continue in full force and effect until amended or revoked under
the authority of section 203 of the Act (50 U.S.C. 1702). To the
extent permitted by law, this order also shall constitute authority
for the issuance and continuation in full force and effect of all
rules and regulations by the President or his delegate, and all
orders, licenses, and other forms of administrative actions issued,
taken, or continued in effect pursuant thereto, relating to the
administration of section 38(e).
Sec. 4. This order shall be effective as of midnight between
August 20, 2001, and August 21, 2001, eastern daylight time.
George W. Bush.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13222
Notice of President of the United States, dated Aug. 2, 2005, 70
F.R. 45273, provided:
On August 17, 2001, consistent with the authority provided me
under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), I issued Executive Order 13222 [set out above]. In
that order, I declared a national emergency with respect to the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States in light of the expiration
of the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.). Because the Export Administration Act [of 1979]
has not been renewed by the Congress, the national emergency
declared on August 17, 2001, must continue in effect beyond August
17, 2005. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency declared in Executive Order 13222.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13222 were contained in the following:
Notice of President of the United States, dated Aug. 6, 2004, 69
F.R. 48763.
Notice of President of the United States, dated Aug. 7, 2003, 68
F.R. 47833.
Notice of President of the United States, dated Aug. 14, 2002, 67
F.R. 53721.
EX. ORD. NO. 13224. BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS
WITH PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM
Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by
Ex. Ord. No. 13268, Sec. 1, July 2, 2002, 67 F.R. 44751; Ex. Ord.
No. 13284, Sec. 4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372,
Sec. 1, Feb. 16, 2005, 70 F.R. 8499, provided:
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.), section 5 of the United Nations Participation Act of 1945,
as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,
United States Code, and in view of United Nations Security Council
Resolution (UNSCR) 1214 of December 8, 1998, UNSCR 1267 of October
15, 1999, UNSCR 1333 of December 19, 2000, and the multilateral
sanctions contained therein, and UNSCR 1363 of July 30, 2001,
establishing a mechanism to monitor the implementation of UNSCR
1333,
I, GEORGE W. BUSH, President of the United States of America,
find that grave acts of terrorism and threats of terrorism
committed by foreign terrorists, including the terrorist attacks in
New York, Pennsylvania, and the Pentagon committed on September 11,
2001, acts recognized and condemned in UNSCR 1368 of September 12,
2001, and UNSCR 1269 of October 19, 1999, and the continuing and
immediate threat of further attacks on United States nationals or
the United States constitute an unusual and extraordinary threat to
the national security, foreign policy, and economy of the United
States, and in furtherance of my proclamation of September 14,
2001, Declaration of National Emergency by Reason of Certain
Terrorist Attacks [Proc. No. 7463, 50 U.S.C. 1621 note], hereby
declare a national emergency to deal with that threat. I also find
that because of the pervasiveness and expansiveness of the
financial foundation of foreign terrorists, financial sanctions may
be appropriate for those foreign persons that support or otherwise
associate with these foreign terrorists. I also find that a need
exists for further consultation and cooperation with, and sharing
of information by, United States and foreign financial institutions
as an additional tool to enable the United States to combat the
financing of terrorism.
I hereby order:
Section 1. Except to the extent required by section 203(b) of
IEEPA (50 U.S.C. 1702(b)), or provided 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 effective date of this order, all
property and interests in property of the following persons that
are in the United States or that hereafter come within the United
States, or that hereafter come within the possession or control of
United States persons are blocked:
(a) foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of State, in
consultation with the Secretary of the Treasury, the Secretary of
Homeland Security, and the Attorney General, to have committed, or
to pose a significant risk of committing, acts of terrorism that
threaten the security of U.S. nationals or the national security,
foreign policy, or economy of the United States;
(c) persons determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary of Homeland
Security, and the Attorney General, to be owned or controlled by,
or to act for or on behalf of those persons listed in the Annex to
this order or those persons determined to be subject to subsection
1(b), 1(c), or 1(d)(i) of this order;
(d) except as provided in section 5 of this order and after such
consultation, if any, with foreign authorities as the Secretary of
State, in consultation with the Secretary of the Treasury, the
Secretary of Homeland Security, and the Attorney General, deems
appropriate in the exercise of his discretion, persons determined
by the Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General;
(i) to assist in, sponsor, or provide financial, material, or
technological support for, or financial or other services to or
in support of, such acts of terrorism or those persons listed in
the Annex to this order or determined to be subject to this
order; or
(ii) to be otherwise associated with those persons listed in
the Annex to this order or those persons determined to be subject
to subsection 1(b), 1(c), or 1(d)(i) of this order.
Sec. 2. Except to the extent required by section 203(b) of IEEPA
(50 U.S.C. 1702(b)), or provided 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 effective date:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property blocked
pursuant to this order is prohibited, including but not limited to
the making or receiving of any contribution of funds, goods, or
services to or for the benefit of those persons listed in the Annex
to this order or determined to be subject to this order;
(b) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order is prohibited; and
(c) 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,
corporation, or other organization, group, or subgroup;
(c) the term "United States person" means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States (including foreign branches), or any person in
the United States; and
(d) the term "terrorism" means an activity that -
(i) involves a violent act or an act dangerous to human life,
property, or infrastructure; and
(ii) appears to be intended -
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation
or coercion; or
(C) to affect the conduct of a government by mass
destruction, assassination, kidnapping, or hostage-taking.
Sec. 4. I hereby determine that the making of donations of the
type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)), by, to, or for the benefit of, any persons determined
to be subject to this order would seriously impair my ability to
deal with the national emergency declared in this order, and would
endanger Armed Forces of the United States that are in a situation
where imminent involvement in hostilities is clearly indicated by
the circumstances, and I hereby prohibit such donations as provided
by section 1 of this order. Furthermore, I hereby determine that
the Trade Sanctions Reform and Export Enhancement Act of 2000
(Title IX, Public Law 106-387) [22 U.S.C. 7201 et seq.] shall not
affect the imposition or the continuation of the imposition of any
unilateral agricultural sanction or unilateral medical sanction on
any person determined to be subject to this order because imminent
involvement of the Armed Forces of the United States in hostilities
is clearly indicated by the circumstances.
Sec. 5. With respect to those persons designated pursuant to
subsection 1(d) of this order, the Secretary of the Treasury, in
the exercise of his discretion and in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General, may take such other actions than the complete
blocking of property or interests in property as the President is
authorized to take under IEEPA and UNPA if the Secretary of the
Treasury, in consultation with the Secretary of State, the
Secretary of Homeland Security, and the Attorney General, deems
such other actions to be consistent with the national interests of
the United States, considering such factors as he deems
appropriate.
Sec. 6. The Secretary of State, the Secretary of the Treasury,
and other appropriate agencies shall make all relevant efforts to
cooperate and coordinate with other countries, including through
technical assistance, as well as bilateral and multilateral
agreements and arrangements, to achieve the objectives of this
order, including the prevention and suppression of acts of
terrorism, the denial of financing and financial services to
terrorists and terrorist organizations, and the sharing of
intelligence about funding activities in support of terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Homeland Security, and the
Attorney General, 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 UNPA 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. 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. 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. Nothing contained in this order is intended to create,
nor does it create, any right, benefit, or privilege, substantive
or procedural, enforceable at law by a party against the United
States, its agencies, officers, employees or any other person.
Sec. 10. For those persons listed in the Annex to this order or
determined to be subject to this order who might have a
constitutional presence in the United States, I find that because
of the ability to transfer funds or 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 this order, there need be no prior
notice of a listing or determination made pursuant to this order.
Sec. 11. (a) This order is effective at 12:01 a.m. eastern
daylight time on September 24, 2001.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
ANNEX
Al Qaida/Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Asbat al-Ansar
Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Itihaad al-Islamiya (AIAI)
Islamic Army of Aden
Usama bin Laden
Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri)
Sayf al-Adl
Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)
Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid, Khalid Al-
Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
Ayman al-Zawahiri
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust
Mamoun Darkazanli Import-Export Company
Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful])
The Taliban.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13224
Notice of President of the United States, dated Sept. 21, 2005,
70 F.R. 55703, provided:
On September 23, 2001, by Executive Order 13224 [set out above],
I declared a national emergency with respect to persons who commit,
threaten to commit, or support terrorism, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706).
I took this action to deal with the unusual and extraordinary
threat to the national security, foreign policy, and economy of the
United States constituted by the grave acts of terrorism and
threats of terrorism committed by foreign terrorists, including the
terrorist attacks in New York, in Pennsylvania, and against the
Pentagon committed on September 11, 2001, and the continuing and
immediate threat of further attacks against United States nationals
or the United States. Because the actions of these persons who
commit, threaten to commit, or support terrorism continue to pose
an unusual and extraordinary threat to the United States, the
national emergency declared on September 23, 2001, and the measures
adopted on that date to deal with that emergency, must continue in
effect beyond September 23, 2005. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency with respect to
persons who commit, threaten to commit, or support terrorism.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13224 were contained in the following:
Notice of President of the United States, dated Sept. 21, 2004,
69 F.R. 56923.
Notice of President of the United States, dated Sept. 18, 2003,
68 F.R. 55189.
Notice of President of the United States, dated Sept. 19, 2002,
67 F.R. 59447.
EX. ORD. NO. 13268. TERMINATION OF EMERGENCY WITH RESPECT TO THE
TALIBAN
Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code,
I, GEORGE W. BUSH, President of the United States of America,
find that the situation that gave rise to the declaration of a
national emergency in Executive Order 13129 of July 4, 1999, with
respect to the Taliban, in allowing territory under its control in
Afghanistan to be used as a safe haven and base of operations for
Usama bin Ladin and the Al-Qaida organization, has been
significantly altered given the success of the military campaign in
Afghanistan, and hereby revoke that order and terminate the
national emergency declared in that order with respect to the
Taliban. At the same time, and in order to take additional steps
with respect to the grave acts of terrorism and threats of
terrorism committed by foreign terrorists, the continuing and
immediate threat of further attacks on United States nationals or
the United States, and the national emergency described and
declared in Executive Order 13224 of September 23, 2001 [set out
above], I hereby order:
Section 1. The Annex to Executive Order 13224 of September 23,
2001, is amended by adding thereto the following persons in
appropriate alphabetical order:
Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful])
The Taliban.
Sec. 2. For the purposes of this order and Executive Order 13224
of September 23, 2001, the term "the Taliban" is also known as the
"Taleban," "Islamic Movement of Taliban," "the Taliban Islamic
Movement," "Talibano Islami Tahrik," and "Tahrike Islami'a
Taliban". The Secretary of State, in consultation with the
Secretary of the Treasury, is hereby authorized to modify the
definition of the term "the Taliban," as appropriate.
Sec. 3. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 4. Pursuant to section 202 of the NEA (50 U.S.C. 1622),
termination of the national emergency with respect to the Taliban
shall not affect any action taken or proceeding pending not finally
concluded or determined as of the date of this order, or any action
or proceeding based on any act committed prior to the date of this
order, or any rights or duties that matured or penalties that were
incurred prior to the date of this order.
George W. Bush.
EX. ORD. NO. 13288. BLOCKING PROPERTY OF PERSONS UNDERMINING
DEMOCRATIC PROCESSES OR INSTITUTIONS IN ZIMBABWE
Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by
Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201, provided:
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.), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
have determined that the actions and policies of certain members of
the Government of Zimbabwe and other persons to undermine
Zimbabwe's democratic processes or institutions, contributing to
the deliberate breakdown in the rule of law in Zimbabwe, to
politically motivated violence and intimidation in that country,
and to political and economic instability in the southern African
region, constitute an unusual and extraordinary threat to the
foreign policy of the United States, and I hereby declare a
national emergency to deal with that threat.
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)), and 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
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:
(i) the persons listed in the Annex to this order [not set out
in the Code]; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(A) to have engaged in actions or policies to undermine
Zimbabwe's democratic processes or institutions;
(B) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, such actions or policies or any person
whose property and interests in property are blocked pursuant
to this order;
(C) to be or have been an immediate family member of any
person whose property and interests in property are blocked
pursuant to this order; or
(D) 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.
(b) I hereby determine that the making of donations of the type
of articles 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 paragraph (a) of
this section would seriously impair my ability to deal with the
national emergency declared in this order, and I hereby prohibit
such donations as provided by paragraph (a) of this section.
(c) The prohibitions in paragraph (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 the 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. 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 this order, there need be no
prior notice of a listing or determination made pursuant to section
1(a) of this order.
Sec. 5. 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, 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. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to determine, subsequent
to the issuance of this order, that circumstances no longer warrant
the inclusion of a person in the Annex to this order [not set out
in the Code] and that the property and interests in property of
that person are therefore no longer blocked pursuant to section
1(a) of this order.
Sec. 7. This order is not intended to create, nor does it create,
any right, benefit, or privilege, 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. 8. (a) This order is effective at 12:01 eastern standard
time on March 7, 2003; and
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
ANNEX
[Omitted. Annex replaced and superseded by Annex to Ex. Ord. No.
13391, which is not set out in the Code.]
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13288
Notice of President of the United States, dated Feb. 27, 2006, 71
F.R. 10603, provided:
On March 6, 2003, by Executive Order 13288 [set out above], I
declared a national emergency blocking the property of persons
undermining democratic processes or institutions in Zimbabwe,
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706). I took this action to deal with the unusual and
extraordinary threat to the foreign policy of the United States
constituted by the actions and policies of certain members of the
Government of Zimbabwe and other persons to undermine Zimbabwe's
democratic processes or institutions, thus contributing to the
deliberate breakdown in the rule of law in Zimbabwe, to politically
motivated violence and intimidation in that country, and to
political and economic instability in the southern African region.
On November 22, 2005, I issued Executive Order 13391 [amending Ex.
Ord. No. 13288, set out above] to take additional steps with
respect to the national emergency declared in Executive Order 13288
and to block the property of additional persons undermining
democratic processes or institutions in Zimbabwe.
Because the actions and policies of these persons continue to
pose an unusual and extraordinary threat to the foreign policy of
the United States, the national emergency declared on March 6,
2003, and the measures adopted on that date and on November 22,
2005, to deal with that emergency, must continue in effect beyond
March 6, 2006. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency with respect to persons undermining
democratic processes or institutions in Zimbabwe.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuations of national emergency declared by Ex. Ord.
No. 13288 were contained in the following:
Notice of President of the United States, dated Mar. 2, 2005, 70
F.R. 10859.
Notice of President of the United States, dated Mar. 2, 2004, 69
F.R. 10313.
EX. ORD. NO. 13298. TERMINATION OF EMERGENCY WITH RESPECT TO THE
ACTIONS AND POLICIES OF UNITA AND REVOCATION OF RELATED EXECUTIVE
ORDERS
Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857, provided:
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.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA),
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c), and section 301 of title 3, United States
Code, and in view of United Nations Security Council Resolution
1448 of December 9, 2002,
I, GEORGE W. BUSH, President of the United States of America,
find that the situation that gave rise to the declaration of a
national emergency in Executive Order 12865 of September 26, 1993
[formerly set out above], with respect to the actions and policies
of the National Union for the Total Independence of Angola (UNITA),
and that led to the steps taken in that order and in Executive
Order 13069 of December 12, 1997 [formerly set out above], and
Executive Order 13098 of August 18, 1998 [formerly set out above],
has been significantly altered by the recent and continuing steps
toward peace taken by the Government of Angola and UNITA.
Accordingly, I hereby terminate the national emergency declared in
Executive Order 12865, revoke Executive Orders 12865, 13069, and
13098, and order:
Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622),
termination of the national emergency with respect to the actions
and policies of UNITA shall not affect any action taken or
proceeding pending, not finally concluded or determined as of the
effective date of this order, or any action or proceeding based on
any act committed prior to the effective date of this order, or any
rights or duties that matured or penalties that were incurred prior
to the effective date of this order.
Sec. 2. This order in [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, or its
departments, agencies, entities, officers, employees, or agents.
Sec. 3. (a) This order is effective 12:01 a.m. eastern daylight
time on May 7, 2003.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
EX. ORD. NO. 13303. PROTECTING THE DEVELOPMENT FUND FOR IRAQ AND
CERTAIN OTHER PROPERTY IN WHICH IRAQ HAS AN INTEREST
Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by
Ex. Ord. No. 13364, Sec. 1, Nov. 29, 2004, 69 F.R. 70177, provided:
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.), section 5 of the United Nations Participation Act [of
1945], as amended (22 U.S.C. 287c) (UNPA), and section 301 of title
3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
find that the threat of attachment or other judicial process
against the Development Fund for Iraq, Iraqi petroleum and
petroleum products, and interests therein, and proceeds,
obligations, or any financial instruments of any nature whatsoever
arising from or related to the sale or marketing thereof, and
interests therein, obstructs the orderly reconstruction of Iraq,
the restoration and maintenance of peace and security in the
country, and the development of political, administrative, and
economic institutions in Iraq. This situation constitutes an
unusual and extraordinary threat to the national security and
foreign policy of the United States and I hereby declare a national
emergency to deal with that threat.
I hereby order:
Section 1. (a) Except as provided in section 1(b) of this order,
and unless licensed or otherwise authorized pursuant to this order,
any attachment, judgment, decree, lien, execution, garnishment, or
other judicial process is prohibited and shall be deemed null and
void with respect to the following:
(i) the Development Fund for Iraq;
(ii) all Iraqi petroleum and petroleum products, and interests
therein, but only until title passes to the initial purchaser,
and proceeds, obligations, or any financial instruments of any
nature whatsoever arising from or related to the sale or
marketing thereof, and interests therein, in which any foreign
country or a national thereof has any interest, 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; and
(iii) any accounts, assets, investments, or any other property
of any kind owned by, belonging to, or held by the Central Bank
of Iraq, or held, maintained, or otherwise controlled by any
financial institution of any kind in the name of, on behalf of,
or otherwise for the Central Bank of Iraq.
(b) The prohibition in section 1(a) of this order shall not apply
with respect to any final judgment arising out of a contractual
obligation entered into by the Government of Iraq, including any
agency or instrumentality thereof, after June 30, 2004.
Sec. 2. (a) As of the effective date of this order, Executive
Order 12722 of August 2, 1990 [formerly set out above], Executive
Order 12724 of August 9, 1990 [formerly set out above], and
Executive Order 13290 of March 20, 2003 [50 U.S.C. 1702 note],
shall not apply to the property and interests in property described
in section 1 of this order.
(b) 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 Executive Orders 12722, 12724,
or 13290, or under the authority of IEEPA or the UNPA, except as
hereafter terminated, modified, or suspended by the issuing Federal
agency and except as provided in section 2(a) of this order.
Sec. 3. For the 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;
(d) The term "Iraqi petroleum and petroleum products" means any
petroleum, petroleum products, or natural gas originating in Iraq,
including any Iraqi-origin oil inventories, wherever located; and
(e) The term "Development Fund for Iraq" means the fund
established on or about May 22, 2003, on the books of the Central
Bank of Iraq, by the Administrator of the Coalition Provisional
Authority responsible for the temporary governance of Iraq and all
accounts held for the fund or for the Central Bank of Iraq in the
name of the fund.
Sec. 4. (a) 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 and the UNPA 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. All agencies of the United States
Government are hereby directed to take all appropriate measures
within their statutory authority to carry out the provisions of
this order.
(b) Nothing contained in this order shall relieve a person from
any requirement to obtain a license or other authorization in
compliance with applicable laws and regulations.
Sec. 5. 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 a party against the United
States, its departments, agencies, entities, officers, employees,
or agents, or any other person.
Sec. 6. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13303
Notice of President of the United States, dated May 19, 2005, 70
F.R. 29435, provided:
On May 22, 2003, by Executive Order 13303 [set out above], I
declared a national emergency protecting the Development Fund for
Iraq and certain other property in which Iraq has an interest,
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701-1706) (IEEPA). I took this action to deal with the
unusual and extraordinary threat to the national security and
foreign policy of the United States posed by the obstacles to the
orderly reconstruction of Iraq, the restoration and maintenance of
peace and security in the country, and the development of
political, administrative, and economic institutions in Iraq
constituted by the threat of attachment or other judicial process
against the Development Fund for Iraq, Iraqi petroleum and
petroleum products, and interests therein, and proceeds,
obligations, or any financial instruments of any nature whatsoever
arising from or related to the sale or marketing thereof.
On August 28, 2003, in Executive Order 13315 [set out below], I
expanded the scope of this national emergency to block the property
of the former Iraqi regime, its senior officials and their family
members as the removal of Iraqi property from that country by
certain senior officials of the former Iraqi regime and their
immediate family members constitutes an obstacle to the orderly
reconstruction of Iraq, the restoration and maintenance of peace
and security in the country, and the development of political,
administrative, and economic institutions in Iraq.
On July 29, 2004, in Executive Order 13350 [set out below], I
amended the Annex to Executive Order 13315 [not set out in the
Code] to include certain persons determined to have been subject to
economic sanctions pursuant to Executive Orders 12722 and 12724
[formerly set out above]. Because of their association with the
prior Iraqi regime, I determined that these persons present an
obstacle to the orderly reconstruction of Iraq, the restoration and
maintenance of peace and security in that country, and the
development of political, administrative, and economic institutions
in Iraq and, therefore, such persons should be subject to sanctions
under Executive Order 13315.
Executive Order 13350 also amended Executive Order 13290 of March
20, 2003 [50 U.S.C. 1702 note], in which, consistent with section
203(a)(1)(C) of IEEPA, 50 U.S.C. 1702(a)(1)(C), I ordered that
certain blocked funds held in the United States in accounts in the
name of the Government of Iraq, the Central Bank of Iraq, Rafidain
Bank, Rasheed Bank, or the State Organization for Marketing Oil be
confiscated and vested in the Department of the Treasury. I
originally exercised these authorities pursuant to Executive Order
12722. In light of the changed circumstances in Iraq and my
decision to terminate the national emergency declared in Executive
Order 12722, I determined that the exercise of authorities in
Executive Order 13290 should continue in order to address the
national emergency declared in Executive Order 13303 of May 22,
2003, as expanded in scope in Executive Order 13315 of August 28,
2003, regarding the obstacles posed to the orderly reconstruction
of Iraq. Executive Order 13350 amends Executive Order 13290 to that
effect.
On November 29, 2004, in Executive Order 13364 [set out below], I
modified the scope of this national emergency to address the
unusual and extraordinary threat to the national security and
foreign policy of the United States posed by the threat of
attachment or other judicial process against the Central Bank of
Iraq. I also determined that, consistent with United Nations
Security Council Resolutions 1483 and 1546, the steps taken in
Executive Order 13303 to deal with this national emergency need to
be limited so that such steps do not apply with respect to any
final judgment arising out of a contractual obligation entered into
by the Government of Iraq, including any agency or instrumentality
thereof, after June 30, 2004, and so that, with respect to Iraqi
petroleum and petroleum products and interests therein, such steps
shall apply only until title passes to the initial purchaser.
Because the obstacles to the orderly reconstruction of Iraq, the
restoration and maintenance of peace and security in the country,
and the development of political, administrative, and economic
institutions in Iraq continue to pose an unusual and extraordinary
threat to the national security and foreign policy of the United
States, the national emergency declared on May 22, 2003, and the
measures adopted on that date, August 28, 2003, July 29, 2004, and
November 29, 2004, to deal with that emergency must continue in
effect beyond May 22, 2005. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency protecting the
Development Fund for Iraq and certain other property in which Iraq
has an interest.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
Prior continuation of national emergency declared by Ex. Ord. No.
13303 was contained in the following:
Notice of President of the United States, dated May 20, 2004, 69
F.R. 29409.
EX. ORD. NO. 13304. TERMINATION OF EMERGENCIES WITH RESPECT TO
YUGOSLAVIA AND MODIFICATION OF EX. ORD. NO. 13219
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315, provided:
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), section 5 of the United Nations Participation Act
of 1945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of
title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
have determined that the situations that gave rise to the
declarations of national emergencies in Executive Order 12808 of
May 30, 1992, and Executive Order 13088 of June 9, 1998 [both
formerly set out above], with respect to the former Socialist
Federal Republic of Yugoslavia, have been significantly altered by
the peaceful transition to democracy and other positive
developments in Serbia and Montenegro (formerly the Federal
Republic of Yugoslavia (Serbia and Montenegro)). Accordingly, I
hereby terminate the national emergencies declared in those orders
and revoke those and all related orders (Executive Orders 12810 of
June 5, 1992, 12831 of January 15, 1993, 12846 of April 25, 1993,
12934 of October 25, 1994 [all formerly set out above], 13121 of
April 30, 1999, and 13192 of January 17, 2001 [both amending Ex.
Ord. No. 13088, formerly set out above]). At the same time, and in
order to take additional steps with respect to continuing,
widespread, and illicit actions that obstruct implementation of the
Ohrid Framework Agreement of 2001, relating to Macedonia, United
Nations Security Council Resolution 1244 of June 10, 1999, relating
to Kosovo, or the Dayton Accords or the Conclusions of the Peace
Implementation Conference Council held in London on December 8-9,
1995, including the decisions or conclusions of the High
Representative, the Peace Implementation Council or its Steering
Board, relating to Bosnia and Herzegovina, including the harboring
of individuals indicted by the International Criminal Tribunal for
the former Yugoslavia, and the national emergency described and
declared in Executive Order 13219 of June 26, 2001 [set out above],
I hereby order:
Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622),
termination of the national emergencies declared in Executive Order
12808 of May 30, 1992, and Executive Order 13088 of June 9, 1998,
shall not affect any action taken or proceeding pending not finally
concluded or determined as of the effective date of this order, or
any action or proceeding based on any act committed prior to such
date, or any rights or duties that matured or penalties that were
incurred prior to such date. Pursuant to section 207 of IEEPA (50
U.S.C. 1706), I hereby determine that the continuation of
prohibitions with regard to transactions involving any property
blocked pursuant to Executive Orders 12808 or 13088 that continues
to be blocked as of the effective date of this order is necessary
on account of claims involving successor states to the former
Socialist Federal Republic of Yugoslavia or other potential
claimants.
Sec. 2. The Annex to Executive Order 13219 of June 26, 2001, is
replaced and superseded in its entirety by the Annex to this order.
Secs. 3, 4. [Amended Ex. Ord. No. 13219, set out above.]
Sec. 5. 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 UNPA, 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. 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. 6. Nothing contained in this order shall create any right or
benefit or privilege, substantive or procedural, enforceable at law
or in equity by any party against the United States, its agencies
or instrumentalities, its officers or employees, or any other
person.
Sec. 7. This order is effective at 12:01 a.m. eastern daylight
time on May 29, 2003. This order shall be transmitted to the
Congress and published in the Federal Register.
George W. Bush.
ANNEX
[Replaced by Annex to Ex. Ord. No. 13219, set out above.]
EX. ORD. NO. 13310. BLOCKING PROPERTY OF THE GOVERNMENT OF BURMA
AND PROHIBITING CERTAIN TRANSACTIONS
Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853, provided:
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) [Pub. L. 108-61, set out as a note above], 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 [set
out above];
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) [22 U.S.C. 7201 et seq.] (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 [not set out in the Code]; 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 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 [set out above], 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 [Pub. L. 108-61, set out in a note above] 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 [Pub. L. 108-61,
set out in a note above], 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 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 [set out
above] 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.
ANNEX
[Omitted.]
EX. ORD. NO. 13315. BLOCKING PROPERTY OF THE FORMER IRAQI REGIME,
ITS SENIOR OFFICIALS AND THEIR FAMILY MEMBERS, AND TAKING CERTAIN
OTHER ACTIONS
Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, provided:
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.), section 5 of the United Nations Participation Act [of 1945],
as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,
United States Code, in view of United Nations Security Council
Resolution 1483 of May 22, 2003, and in order to take additional
steps with respect to the situation in Iraq,
I, GEORGE W. BUSH, President of the United States of America,
hereby expand the scope of the national emergency declared in
Executive Order 13303 of May 22, 2003 [set out above], to address
the unusual and extraordinary threat to the national security and
foreign policy of the United States posed by obstacles to the
orderly reconstruction of Iraq, the restoration and maintenance of
peace and security in that country, and the development of
political, administrative, and economic institutions in Iraq. I
find that the removal of Iraqi property from that country by
certain senior officials of the former Iraqi regime and their
immediate family members constitutes one of these obstacles. I
further determine that the United States is engaged in armed
hostilities and that it is in the interest of the United States to
confiscate certain additional property of the former Iraqi regime,
certain senior officials of the former regime, immediate family
members of those officials, and controlled entities. I intend that
such property, after all right, title, and interest in it has
vested in the Department of the Treasury, shall be transferred to
the Development Fund for Iraq. Such property shall be used to meet
the humanitarian needs of the Iraqi people, for the economic
reconstruction and repair of Iraq's infrastructure, for the
continued disarmament of Iraq, for the costs of Iraqi civilian
administration, and for other purposes benefiting the Iraqi people.
I determine that such use would be in the interest of and for the
benefit of the United States. 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)), 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 former
Iraqi regime or its state bodies, corporations, or agencies, or 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:
(a) the persons listed in the Annex to this order [not set out in
the Code]; and
(b) persons determined by the Secretary of the Treasury, in
consultation with the Secretary of State,
(i) to be senior officials of the former Iraqi regime or their
immediate family members; or
(ii) to be owned or controlled by, or acting or purporting to
act for or on behalf of, directly or indirectly, any of the
persons listed in the Annex to this order or determined to be
subject to this order.
Sec. 2. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to confiscate property that is
blocked pursuant to section 1 of this order and that he determines,
in consultation with the Secretary of State, to belong to a person,
organization, or country that has planned, authorized, aided, or
engaged in armed hostilities against the United States. All right,
title, and interest in any property so confiscated shall vest in
the Department of the Treasury. Such vested property shall promptly
be transferred to the Development Fund for Iraq.
Sec. 3. (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. 4. 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;
(d) the term "former Iraqi regime" means the Saddam Hussein
regime that governed Iraq until on or about May 1, 2003;
(e) the term "coalition authority" means the Coalition
Provisional Authority under the direction of its Administrator, and
the military forces of the United States, the United Kingdom, and
their coalition partners present in Iraq under the command or
operational control of the Commander of United States Central
Command; and
(f) the term "Development Fund for Iraq" means the fund
established on or about May 22, 2003, on the books of the Central
Bank of Iraq, by the Administrator of the Coalition Provisional
Authority responsible for the temporary governance of Iraq and all
accounts held for the fund or for the Central Bank of Iraq in the
name of the fund.
Sec. 5. 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 determined to be subject to the sanctions imposed
under this order would seriously impair my ability to deal with the
national emergency declared in Executive Order 13303 [set out
above] and expanded in scope in this order and would endanger Armed
Forces of the United States that are engaged in hostilities, and I
hereby prohibit such donations as provided by section 1 of this
order.
Sec. 6. For those persons listed in the Annex to this order [not
set out in the Code] or determined to be subject 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 scope in this order, there
need be no prior notice of a listing or determination made pursuant
to section 1 of this order.
Sec. 7. 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 UNPA 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. 8. 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 [not set out in
the Code] and that such person is therefore no longer covered
within the scope of the order.
Sec. 9. 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. 10. This order shall not apply to such property as is or may
come under the control of the coalition authority in Iraq. Nothing
in this order is intended to affect dispositions of such property
or other determinations by the coalition authority.
Sec. 11. 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, officers or employees, or
any other person.
Sec. 12. This order is effective on 12:01 a.m. EDT on August 29,
2003.
Sec. 13. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
ANNEX
[Omitted.]
EX. ORD. NO. 13324. TERMINATION OF EMERGENCY WITH RESPECT TO SIERRA
LEONE AND LIBERIA
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the
National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and
section 5 of the United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c),
I, GEORGE W. BUSH, President of the United States of America,
find that the situations that gave rise to the declaration of a
national emergency in Executive Order 13194 of January 18, 2001
[formerly set out above], with respect to Sierra Leone and the
expansion of the scope of that emergency in Executive Order 13213
of May 22, 2001 [formerly set out above], with respect to Liberia,
have been significantly altered given that in January 2002 the
Government of Sierra Leone, the Sierra Leonean rebel group
Revolutionary United Front (RUF), and the United Nations Mission in
Sierra Leone declared the war in Sierra Leone to have ended; the
parties to the Liberian civil war entered into a Comprehensive
Peace Agreement in August 2003; the RUF no longer exists as a
military organization; Charles Taylor, who was the prime instigator
of violence both in Sierra Leone and in Liberia, has resigned from
the Liberian presidency and gone into exile; the Government of
Sierra Leone has established a rough diamond certification regime
that meets the minimum standards of the Kimberley Process
Certification Scheme; and the United States has implemented the
Clean Diamond Trade Act (Public Law 108-19) [19 U.S.C. 3901 et
seq.], prohibiting the importation into the United States of rough
diamonds that are not controlled through the Kimberley Process
Certification Scheme, currently including rough diamonds from
Liberia. Accordingly, I hereby terminate the national emergency
declared and expanded in scope in those two prior orders, revoke
those orders, and further order:
Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622),
termination of the national emergency declared in Executive Order
13194 and expanded in scope in Executive Order 13213 shall not
affect any action taken or proceeding pending not finally concluded
or determined as of the effective date of this order, or any action
or proceeding based on any act committed prior to such date, or any
rights or duties that matured or penalties that were incurred prior
to such date.
Sec. 2. 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. 3. This order is effective at 12:01 a.m. eastern standard
time on January 16, 2004. This order shall be transmitted to the
Congress and published in the Federal Register.
George W. Bush.
EX. ORD. NO. 13338. BLOCKING PROPERTY OF CERTAIN PERSONS AND
PROHIBITING THE EXPORT OF CERTAIN GOODS TO SYRIA
Ex. Ord. No. 13338, May 11, 2004, 69 F.R. 26751, provided:
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.) (NEA), the Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003, Public Law 108-175 [22 U.S.C. 2151 note]
(SAA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
hereby determine that the actions of the Government of Syria in
supporting terrorism, continuing its occupation of Lebanon,
pursuing weapons of mass destruction and missile programs, and
undermining United States and international efforts with respect to
the stabilization and reconstruction of Iraq constitute an unusual
and extraordinary threat to the national security, foreign policy,
and economy of the United States and hereby declare a national
emergency to deal with that threat. To address that threat, and to
implement the SAA, I hereby order the following:
Section 1. (a) The Secretary of State shall not permit the
exportation or reexportation to Syria of any item on the United
States Munitions List (22 C.F.R. part 121).
(b) Except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to the
provisions of this order in a manner consistent with the SAA, and
notwithstanding any license, permit, or authorization granted prior
to the effective date of this order, (i) the Secretary of Commerce
shall not permit the exportation or reexportation to Syria of any
item on the Commerce Control List (15 C.F.R. part 774); and (ii)
with the exception of food and medicine, the Secretary of Commerce
shall not permit the exportation or reexportation to Syria of any
product of the United States not included in section 1(b)(i) of
this order.
(c) No other agency of the United States Government shall permit
the exportation or reexportation to Syria of any product of the
United States, except to the extent provided in regulations,
orders, directives, or licenses that may be issued pursuant to this
order in a manner consistent with the SAA, and notwithstanding any
license, permit, or authorization granted prior to the effective
date of this order.
Sec. 2. The Secretary of Transportation shall not permit any air
carrier owned or controlled by Syria to provide foreign air
transportation as defined in 49 U.S.C. 40102(a)(23), except that he
may, to the extent consistent with Department of Transportation
regulations, permit such carriers to charter aircraft to the
Government of Syria for the transport of Syrian government
officials to and from the United States on official Syrian
government business. In addition, the Secretary of Transportation
shall prohibit all takeoffs and landings in the United States,
other than those associated with an emergency, by any such air
carrier when engaged in scheduled international air services.
Sec. 3. (a) Except to the extent provided in section 203(b)(1),
(3), and (4) of the IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and
the Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX, Public Law 106-387) [22 U.S.C. 7201 et seq.] (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: persons who are
determined by the Secretary of the Treasury, in consultation with
the Secretary of State,
(i) to be or to have been directing or otherwise significantly
contributing to the Government of Syria's provision of safe haven
to or other support for any person whose property or interests in
property are blocked under United States law for terrorism-
related reasons, including, but not limited to, Hamas,
Hizballah, Palestinian Islamic Jihad, the Popular Front for the
Liberation of Palestine, the Popular Front for the Liberation of
Palestine-General Command, and any persons designated pursuant to
Executive Order 13224 of September 23, 2001 [set out above];
(ii) to be or to have been directing or otherwise significantly
contributing to the Government of Syria's military or security
presence in Lebanon;
(iii) to be or to have been directing or otherwise
significantly contributing to the Government of Syria's pursuit
of the development and production of chemical, biological, or
nuclear weapons and medium- and long-range surface-to-surface
missiles;
(iv) to be or to have been directing or otherwise significantly
contributing to any steps taken by the Government of Syria to
undermine United States and international efforts with respect to
the stabilization and reconstruction of Iraq; or
(v) to be owned or controlled by, or acting or purporting to
act for or on behalf of, directly or indirectly, any person whose
property or interests in property are blocked pursuant to this
order.
(b) The prohibitions in paragraph (a) of this section include,
but are not limited to, (i) the making of any contribution of
funds, goods, or services by, to, or for the benefit of any person
whose property or 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. 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 the prohibitions set forth
in this order is prohibited.
Sec. 5. I hereby determine that the making of donations of the
type of articles specified in section 203(b)(2) of the IEEPA (50
U.S.C. 1702(b)(2)) would seriously impair the ability to deal with
the national emergency declared in this order, and hereby prohibit,
(i) the exportation or reexportation of such donated articles to
Syria as provided in section 1(b) of this order; and (ii) the
making of such donations by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant to
section 3 of this order.
Sec. 6. 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;
(d) the term "Government of Syria" means the Government of the
Syrian Arab Republic, its agencies, instrumentalities, and
controlled entities; and
(e) the term "product of the United States" means: for the
purposes of subsection 1(b), any item subject to the Export
Administration Regulations (15 C.F.R. parts 730-774); and for the
purposes of subsection 1(c), any item subject to the export
licensing jurisdiction of any other United States Government
agency.
Sec. 7. With respect to the prohibitions contained in section 1
of this order, consistent with subsection 5(b) of the SAA, I hereby
determine that it is in the national security interest of the
United States to waive, and hereby waive application of subsection
5(a)(1) and subsection 5(a)(2)(A) of the SAA so as to permit the
exportation or reexportation of certain items as specified in the
Department of Commerce's General Order No. 2 to Supplement No. 1,
15 C.F.R. part 736, as issued consistent with this order and as may
be amended pursuant to the provisions of this order and in a manner
consistent with the SAA. This waiver is made pursuant to the SAA
only to the extent that regulation of such exports or reexports
would not otherwise fall within my constitutional authority to
conduct the Nation's foreign affairs and protect national security.
Sec. 8. With respect to the prohibitions contained in section 2
of this order, consistent with subsection 5(b) of the SAA, I hereby
determine that it is in the national security interest of the
United States to waive, and hereby waive, application of subsection
5(a)(2)(D) of the SAA insofar as it pertains to: aircraft of any
air carrier owned or controlled by Syria chartered by the Syrian
government for the transport of Syrian government officials to and
from the United States on official Syrian government business, to
the extent consistent with Department of Transportation
regulations; takeoffs or landings for non-traffic stops of aircraft
of any such air carrier that is not engaged in scheduled
international air services; takeoffs and landings associated with
an emergency; and overflights of United States territory.
Sec. 9. I hereby direct the Secretary of State to take such
actions, including the promulgation of rules and regulations, as
may be necessary to carry out subsection 1(a) of this order. I
hereby direct the Secretary of Commerce, in consultation with the
Secretary of State, to take such actions, including the
promulgation of rules and regulations, as may be necessary to carry
out subsection 1(b) of this order. I direct the Secretary of
Transportation, in consultation with the Secretary of State, to
take such actions, including the promulgation of rules and
regulations, as may be necessary to carry out section 2 of this
order. 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 the IEEPA as may be
necessary to carry out sections 3, 4, and 5 of this order. The
Secretaries of State, Commerce, Transportation, and 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, in consultation with the Secretaries
of Commerce, Transportation, and the Treasury, as appropriate, is
authorized to exercise the functions and authorities conferred upon
the President in subsection 5(b) of the SAA 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 and, where appropriate, to advise the
Secretaries of State, Commerce, Transportation, and the Treasury in
a timely manner of the measures taken.
Sec. 10. This order is not intended to create, 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. 11. For those persons whose property or interests in
property are blocked pursuant to section 3 of this order who might
have a constitutional presence in the United States, I find that
because of the ability to transfer funds or 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 this order, there need be no prior
notice of a listing or determination made pursuant to this order.
Sec. 12. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to submit the recurring and final
reports to the Congress on the national emergency declared in this
order, consistent with section 401(c) of the NEA, 50 U.S.C.
1641(c), and section 204(c) of the IEEPA, 50 U.S.C. 1703(c).
Sec. 13. (a) This order is effective at 12:01 eastern daylight
time on May 12, 2004.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13338
Notice of President of the United States, dated May 5, 2005, 70
F.R. 24697, provided:
On May 11, 2004, pursuant to my authority under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) and the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003
(Public Law 108-175) [22 U.S.C. 2151 note], I issued Executive
Order 13338 [set out above] in which I declared a national
emergency blocking the property of certain persons and prohibiting
the exportation or reexportation of certain goods to Syria. I took
this action to deal with the unusual and extraordinary threat to
the national security, foreign policy, and economy of the United
States constituted by the actions of the Government of Syria in
supporting terrorism, continuing its occupation of Lebanon,
pursuing weapons of mass destruction and missile programs, and
undermining United States and international efforts with respect to
the stabilization and reconstruction of Iraq.
Because the actions and policies of the Government of Syria
continue to pose an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States, the national emergency declared on May 11, 2004, and the
measures adopted on that date to deal with that emergency, must
continue in effect beyond May 11, 2005. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), I am continuing for 1 year the national emergency
blocking the property of certain persons and prohibiting the
exportation or reexportation of certain goods to Syria.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
EX. ORD. NO. 13348. BLOCKING PROPERTY OF CERTAIN PERSONS AND
PROHIBITING THE IMPORTATION OF CERTAIN GOODS FROM LIBERIA
Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885, provided:
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.) (NEA), section 5 of the United Nations Participation Act [of
1945], as amended (22 U.S.C. 287c) (UNPA), and section 301 of title
3, United States Code, and in view of United Nations Security
Council Resolutions 1521 of December 22, 2003, and 1532 of March
12, 2004,
I, GEORGE W. BUSH, President of the United States of America,
note that the actions and policies of former Liberian President
Charles Taylor and other persons, in particular their unlawful
depletion of Liberian resources and their removal from Liberia and
secreting of Liberian funds and property, have undermined Liberia's
transition to democracy and the orderly development of its
political, administrative, and economic institutions and resources.
I further note that the Comprehensive Peace Agreement signed on
August 18, 2003, and the related ceasefire have not yet been
universally implemented throughout Liberia, and that the illicit
trade in round logs and timber products is linked to the
proliferation of and trafficking in illegal arms, which perpetuate
the Liberian conflict and fuel and exacerbate other conflicts
throughout West Africa. I find that the actions, policies, and
circumstances described above constitute an unusual and
extraordinary threat to the foreign policy of the United States and
hereby declare a national emergency to deal with that threat. To
address that threat, 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 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, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order [not set out
in the Code]; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(A) to be or have been an immediate family member of Charles
Taylor;
(B) to have been a senior official of the former Liberian
regime headed by Charles Taylor or otherwise to have been or be
a close ally or associate of Charles Taylor or the former
Liberian regime;
(C) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, the unlawful depletion of Liberian
resources, the removal of Liberian resources from that country,
and the secreting of Liberian funds and property by any person
whose property and interests in property are blocked pursuant
to this order; or
(D) 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.
(b) I hereby determine that the making of donations of the type
of articles 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 or interests in property are blocked pursuant to paragraph
(a) of this section would seriously impair my ability to deal with
the national emergency declared in this order, and I hereby
prohibit such donations as provided by paragraph (a) of this
section.
(c) The prohibitions in paragraph (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 or 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. Except to the extent provided 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 effective date of this order, the
direct or indirect importation into the United States of any round
log or timber product originating in Liberia is prohibited.
Sec. 3. (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. 4. 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 "round log or timber product" means any product
classifiable in Chapter 44 of the Harmonized Tariff Schedule of the
United States [see 19 U.S.C. 1202 note].
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 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 this
order, there need be no prior notice of a listing or determination
made pursuant to section 1 of this order.
Sec. 6. 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 UNPA 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. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit the recurring
and final reports to the Congress on the national emergency
declared in this order, consistent with section 401(c) of NEA, 50
U.S.C. 1641(c), and section 204(c) of IEEPA, 50 U.S.C. 1703(c).
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to determine, subsequent
to the issuance of this order, that circumstances no longer warrant
the inclusion of a person in the Annex to this order [not set out
in the Code] and that the property and interests in property of
that person are therefore no longer blocked pursuant to section 1
of 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 July 23, 2004.
Sec. 11. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
ANNEX
[Omitted.]
CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13348
Notice of President of the United States, dated July 19, 2005, 70
F.R. 41935, provided:
On July 22, 2004, by Executive Order 13348 [set out above], I
declared a national emergency and ordered related measures blocking
the property of certain persons and prohibiting the importation of
certain goods from Liberia, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701-1706). I took this action to
deal with the unusual and extraordinary threat to the foreign
policy of the United States constituted by the actions and policies
of former Liberian President Charles Taylor and other persons, in
particular their unlawful depletion of Liberian resources and their
removal from Liberia and secreting of Liberian funds and property,
which have undermined Liberia's transition to democracy and the
orderly development of its political, administrative, and economic
institutions and resources. I further noted that the Comprehensive
Peace Agreement signed on August 18, 2003, and the related cease-
fire have not yet been universally implemented throughout Liberia,
and that the illicit trade in round logs and timber products is
linked to the proliferation of and trafficking in illegal arms,
which perpetuate the Liberian conflict and fuel and exacerbate
other conflicts throughout West Africa.
Because the actions and policies of these persons continue to
pose an unusual and extraordinary threat to the foreign policy of
the United States, the national emergency declared on July 22,
2004, and the measures adopted on that date to deal with that
emergency, must continue in effect beyond July 22, 2005. Therefore,
in accordance with section 202(d) [probably means section 202(d) of
the National Emergencies Act, 50 U.S.C. 1622(d)], I am continuing
for 1 year the national emergency declared in Executive Order
13348.
This notice shall be published in the Federal Register and
transmitted to the Congress.
George W. Bush.
EX. ORD. NO. 13350. TERMINATION OF EMERGENCY DECLARED IN EXECUTIVE
ORDER 12722 WITH RESPECT TO IRAQ AND MODIFICATION OF EXECUTIVE
ORDER 13290, EXECUTIVE ORDER 13303, AND EXECUTIVE ORDER 13315
Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, provided:
By the authority vested in me as President by the Constitution
and 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.) (NEA), section 5 of the United Nations Participation Act [of
1945], as amended (22 U.S.C. 287c) (UNPA), and section 301 of title
3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
have determined that the situation that gave rise to the
declaration of a national emergency with respect to Iraq in
Executive Order 12722 of August 2, 1990 [formerly set out above],
has been significantly altered by the removal of the regime of
Saddam Hussein and other developments. I hereby terminate the
national emergency declared in Executive Order 12722, revoke that
Executive Order and Executive Order 12724 of August 9, 1990
[formerly set out above], Executive Order 12734 of November 14,
1990 [formerly set out under section 2808 of Title 10, Armed
Forces], Executive Order 12743 of January 18, 1991 [formerly set
out under section 12302 of Title 10], Executive Order 12751 of
February 14, 1991 [formerly set out under section 8111A of Title
38, Veterans' Benefits], and Executive Order 12817 of October 21,
1992 [formerly set out above], that are based on that national
emergency. I hereby amend Executive Order 13290 of March 20, 2003
[50 U.S.C. 1702 note], so that the authorities therein remain in
effect based on the national emergency I declared in Executive
Order 13303 of May 22, 2003 [set out above], and expanded in
Executive Order 13315 of August 28, 2003 [set out above]. At the
same time, and in order to take additional steps to deal with the
national emergency that I declared in Executive Order 13303, and
expanded in Executive Order 13315, with respect to the unusual and
extraordinary threat to the national security and foreign policy of
the United States posed by obstacles to the orderly reconstruction
of Iraq, the restoration and maintenance of peace and security in
that country, and the development of political, administrative and
economic institutions in Iraq, I hereby order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C.
1622(a)), termination of the national emergency declared in
Executive Order 12722 shall not affect any action taken or
proceeding pending but not finally concluded or determined as of
the effective date of this order, any action or proceeding based on
any act committed prior to such date, or any rights or duties that
matured or penalties that were incurred prior to such date.
Pursuant to section 207(a) of IEEPA (50 U.S.C. 1706(a)), and
subject to such regulations, orders, directives, or licenses as may
be issued pursuant to this order, I hereby determine that the
continuation of prohibitions with regard to transactions involving
property blocked pursuant to Executive Orders 12722 or 12724 that
continues to be blocked as of the effective date of this order is
necessary on account of claims involving Iraq.
Sec. 2. [Annex to this order (not set out in the Code) replaced
and superseded Annex to Ex. Ord. No. 13315 (not set out in the
Code).]
Sec. 3. [Amended Ex. Ord. No. 13290, set out under section 1702
of this title.]
Sec. 4. Unless licensed or otherwise authorized pursuant to this
order or otherwise consistent with U.S. law, the trade in or
transfer of ownership or possession of Iraqi cultural property or
other items of archeological, historical, cultural, rare
scientific, and religious importance that were illegally removed,
or for which a reasonable suspicion exists that they were illegally
removed, from the Iraq National Museum, the National Library, and
other locations in Iraq since August 6, 1990, is prohibited.
Sec. 5. 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 determined to be subject to the sanctions imposed
by Executive Order 13315 or by this order would seriously impair my
ability to deal with the national emergency declared in Executive
Order 13303, and expanded by Executive Order 13315, or would
endanger the Armed Forces of the United States that are engaged in
hostilities, and I hereby prohibit such donations as provided in
section 1 of Executive Order 13315 as amended by this order.
Sec. 6. For those persons listed in the Annex to this order or
determined to be subject to Executive Order 13315 or 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 by Executive Order 13315, there
need be no prior notice of a listing or determination made pursuant
to Executive Order 13315 or this order.
Sec. 7. 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 UNPA 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. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to determine subsequent to the
issuance of the order, that circumstances no longer warrant the
inclusion of a person in the Annex to this order and that such
person is therefore no longer covered within the scope of the
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, officers or employees, or
any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern daylight
time on July 30, 2004. This order shall be transmitted to the
Congress and published in the Federal Register.
George W. Bush.
ANNEX
[Omitted.]
EX. ORD. NO. 13357. TERMINATION OF EMERGENCY DECLARED IN EXECUTIVE
ORDER 12543 WITH RESPECT TO THE POLICIES AND ACTIONS OF THE
GOVERNMENT OF LIBYA AND REVOCATION OF RELATED EXECUTIVE ORDERS
Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665, provided:
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.) (NEA), section 5 of the United Nations Participation Act [of
1945], as amended (22 U.S.C. 287c) (UNPA), sections 504 and 505 of
the International Security and Development Cooperation Act [of
1985] (22 U.S.C. 2349aa-8 and 2349aa-9), section 40106 of title 49,
United States Code, and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
find that the situation that gave rise to the declaration of a
national emergency in Executive Order 12543 of January 7, 1986
[formerly set out above], with respect to the policies and actions
of the Government of Libya, and that led to the steps taken in that
order and in Executive Order 12544 of January 8, 1986 [formerly set
out above], and Executive Order 12801 of April 15, 1992 [formerly
set out above], has been significantly altered by Libya's
commitments and actions to eliminate its weapons of mass
destruction programs and its Missile Technology Control Regime
(MTCR)-class missiles, and by other developments. Accordingly, I
hereby terminate the national emergency declared in Executive Order
12543, and revoke that Executive Order, Executive Order 12544, and
Executive Order 12801. I also hereby revoke Executive Order 12538
of November 15, 1985 [formerly set out under section 1862 of Title
19, Customs Duties], and further order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C.
1622(a)), termination of the national emergency declared in
Executive Order 12543 with respect to the policies and actions of
the Government of Libya shall not affect any action taken or
proceeding pending not finally concluded or determined as of the
effective date of this order, any action or proceeding based on any
act committed prior to such date, or any rights or duties that
matured or penalties that were incurred prior to such date.
Sec. 2. 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. 3. (a) This order is effective at 12:01 a.m. eastern
daylight time on September 21, 2004.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
EX. ORD. NO. 13364. MODIFYING THE PROTECTION GRANTED TO THE
DEVELOPMENT FUND FOR IRAQ AND CERTAIN PROPERTY IN WHICH IRAQ HAS AN
INTEREST AND PROTECTING THE CENTRAL BANK OF IRAQ
Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177, provided:
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.), section 5 of the United Nations Participation Act [of
1945], as amended (22 U.S.C. 287c) (UNPA), and section 301 of title
3, United States Code,
I, GEORGE W. BUSH, President of the United States of America,
hereby modify the scope of the national emergency declared in
Executive Order 13303 of May 22, 2003 [set out above], and expanded
in Executive Order 13315 of August 28, 2003 [set out above], and
further modified in Executive Order 13350 of July 29, 2004 [set out
above], to address the unusual and extraordinary threat to the
national security and foreign policy of the United States posed by
obstacles to the orderly reconstruction of Iraq, the restoration
and maintenance of peace and security in that country, and the
development of political, administrative, and economic institutions
in Iraq. I find that the threat of attachment or other judicial
process against the Central Bank of Iraq constitutes one of these
obstacles. I further determine that, consistent with United Nations
Security Council Resolutions 1483 of May 22, 2003, and 1546 of June
8, 2004, the steps taken in Executive Order 13303 to deal with the
national emergency declared therein need to be limited so that such
steps do not apply with respect to any final judgment arising out
of a contractual obligation entered into by the Government of Iraq,
including any agency or instrumentality thereof, after June 30,
2004, and so that, with respect to Iraqi petroleum and petroleum
products and interests therein, such steps shall apply only until
title passes to the initial purchaser.
I hereby order:
Section 1. [Amended Ex. Ord. No. 13303, set out above.]
Sec. 2. (a) 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 the UNPA 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.
(b) Nothing contained in this order shall relieve a person from
any requirement to obtain a license or other authorization in
compliance with applicable laws and regulations.
Sec. 3. 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 a party against the United
States, its departments, agencies, entities, officers, employees,
or agents, or any other person.
Sec. 4. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
EX. ORD. NO. 13372. CLARIFICATION OF CERTAIN EXECUTIVE ORDERS
BLOCKING PROPERTY AND PROHIBITING CERTAIN TRANSACTIONS
Ex. Ord. No. 13372, Feb. 16, 2005, 70 F.R. 8499, provided:
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), section 5 of the United Nations Participation Act
of 1945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of
title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, in
order to clarify the steps taken in Executive Order 12947 of
January 23, 1995 [set out above], as amended by Executive Order
13099 of August 20, 1998; and Executive Order 13224 of September
23, 2001 [set out above], as amended by Executive Order 13268 of
July 2, 2002 [set out above], and Executive Order 13284 of January
23, 2003 [set out under section 121 of Title 6, Domestic Security],
in particular with respect to the implementation of section
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), hereby order:
Section 1. [Amended Ex. Ord. No. 13224.]
Sec. 2. [Amended Ex. Ord. No. 12947.]
Sec. 3. (a) 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 the UNPA 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.
(b) Nothing contained in this order shall relieve a person from
any requirement to obtain a license or other authorization in
compliance with applicable laws and regulations.
(c) Amendments to Executive Orders made by this order shall take
effect as of the date of this order.
Sec. 4. 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 a party against the United
States, its departments, agencies, entities, officers, employees,
or agents, or any other person.
Sec. 5. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
EX. ORD. NO. 13382. BLOCKING PROPERTY OF WEAPONS OF MASS
DESTRUCTION PROLIFERATORS AND THEIR SUPPORTERS
Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567, provided:
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.), and section 301 of title 3, United States Code,
I, George W. Bush, President of the United States of America, in
order to take additional steps with respect to the national
emergency described and declared in Executive Order 12938 of
November 14, 1994 [set out above], regarding the proliferation of
weapons of mass destruction and the means of delivering them, and
the measures imposed by that order, as expanded by Executive Order
13094 of July 28, 1998, 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
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, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order [not set out in
the Code];
(ii) any foreign person determined by the Secretary of State, in
consultation with the Secretary of the Treasury, the Attorney
General, and other relevant agencies, to have engaged, or attempted
to engage, in activities or transactions that have materially
contributed to, or pose a risk of materially contributing to, the
proliferation of weapons of mass destruction or their means of
delivery (including missiles capable of delivering such weapons),
including any efforts to manufacture, acquire, possess, develop,
transport, transfer or use such items, by any person or foreign
country of proliferation concern;
(iii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Attorney General, and
other relevant agencies, to have provided, or attempted to provide,
financial, material, technological or other support for, or goods
or services in support of, any activity or transaction described in
paragraph (a)(ii) of this section, or any person whose property and
interests in property are blocked pursuant to this order; and
(iv) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Attorney General, and
other relevant agencies, 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.
(b) Any transaction or dealing by a United States person or
within the United States in property or interests in property
blocked pursuant to this order is prohibited, including, but 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.
(c) 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.
(d) Any conspiracy formed to violate the prohibitions set forth
in this order is prohibited.
Sec. 2. 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. 3. I hereby determine that the making of donations of the
type of articles 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 12938, and I hereby prohibit
such donations as provided by section 1 of this order.
Sec. 4. [Amended Ex. Ord. No. 12938, set out above.]
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 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 12938, as amended, there need be no prior notice of
a listing or determination made pursuant to section 1 of this
order.
Sec. 6. 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 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. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to determine, subsequent
to the issuance of this order, that circumstances no longer warrant
the 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. 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. 9. (a) This order is effective at 12:01 a.m. eastern
daylight time on June 29, 2005.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush.
ANNEX
[Omitted.]
EX. ORD. NO. 13396. BLOCKING PROPERTY OF CERTAIN PERSONS
CONTRIBUTING TO THE CONFLICT IN CO&244;TE D'IVOIRE
Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389, provided:
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.) (NEA), section 5 of the United Nations Participation Act [of
1945], as amended (22 U.S.C. 287c) (UNPA), and section 301 of title
3, United States Code, and to assist in addressing humanitarian,
safety, and other concerns in or in relation to the country of
Co&244;te d'Ivoire,
I, GEORGE W. BUSH, President of the United States of America,
determine that the situation in or in relation to Co&244;te
d'Ivoire, which has been addressed by the United Nations Security
Council in Resolution 1572 of November 15, 2004, and subsequent
resolutions, that has resulted in the massacre of large numbers of
civilians, widespread human rights abuses, significant political
violence and unrest, and attacks against international peacekeeping
forces leading to fatalities, constitutes an unusual and
extraordinary threat to the national security and foreign policy of
the United States and hereby declare a national emergency to deal
with that threat, and hereby order:
Section 1. (a) Except to the extent that section 203(b)(1), (3),
and (4) of the IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)) may
apply, or to the extent provided 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 effective date of this order, all
property and interests in property 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 any United
States person, including any overseas branch, of the following
persons are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order [not set out in
the Code]; and
(ii) any person determined by the Secretary of the Treasury,
after consultation with the Secretary of State:
(A) to constitute a threat to the peace and national
reconciliation process in Co&244;te d'Ivoire, such as by blocking
the implementation of the Linas-Marcoussis Agreement of January 24,
2003, the Accra III Agreement of July 30, 2004, and the Pretoria
Agreement of April 6, 2005;
(B) to be responsible for serious violations of international law
in Co&244;te d'Ivoire;
(C) to have directly or indirectly supplied, sold, or transferred
to Co&244;te d'Ivoire arms or any related materiel or any
assistance, advice, or training related to military activities;
(D) to have publicly incited violence and hatred contributing to
the conflict in Co&244;te d'Ivoire;
(E) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, the activities described in paragraphs
(a)(ii)(A), (a)(ii)(B), (a)(ii)(C), or (a)(ii)(D) of this section
or any person listed in or designated pursuant to this order; or
(F) to be owned or controlled by, or acting or purporting to act
for or on behalf of, directly or indirectly, any person listed in
or designated pursuant to this order.
(b) I hereby determine that, to the extent section 203(b)(2) of
the IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations
of the type of articles specified in such section by, to, or for
the benefit of, any person listed in or designated pursuant to this
order would seriously impair my ability to deal with the national
emergency declared in this order, and I hereby prohibit such
donations as provided by paragraph (a) of this section.
(c) The prohibitions in paragraph (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 listed in or designated 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 "entity" means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term "person" means an individual or entity;
(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 "arms or any related materiel" means arms or related
materiel of all types, including military aircraft and equipment,
but excludes:
(i) supplies and technical assistance intended solely for the
support of or use by the United Nations Operation in Co&244;te
d'Ivoire and forces of France who support them;
(ii) supplies of non-lethal military equipment intended solely
for humanitarian or protective use, and related technical
assistance and training;
(iii) supplies of protective clothing, including flak jackets and
military helmets, temporarily exported to Co&244;te d'Ivoire by
United Nations personnel, representatives of the media, and
humanitarian and development workers and associated personnel, for
their personal use only;
(iv) supplies temporarily exported to Co&244;te d'Ivoire to the
forces of a country that is taking action solely and directly to
facilitate the evacuation of its nationals and those for whom it
has consular responsibility in Co&244;te d'Ivoire; and
(v) supplies of arms and related materiel and technical training
and assistance intended solely for support of or use in the process
of restructuring defense and security forces pursuant to paragraph
3, subparagraph (f) of the Linas-Marcoussis Agreement.
Sec. 4. For those persons listed in or designated 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
this order, there need be no prior notice of a listing or
determination made pursuant to section 1 of this order.
Sec. 5. 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 the IEEPA and the UNPA, 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 executive 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.
The Secretary of the Treasury shall ensure compliance with those
provisions of section 401 of the NEA (50 U.S.C. 1641) applicable to
the Department of the Treasury in relation to this order.
Sec. 6. The Secretary of the Treasury, after consultation with
the Secretary of State, is hereby authorized to submit the
recurring and final reports to the Congress on the national
emergency declared in this order, consistent with section 401(c) of
the NEA (50 U.S.C. 1641(c)) and section 204(c) of the IEEPA (50
U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after consultation with
the Secretary of State, is hereby authorized to determine,
subsequent to the issuance of this order, that circumstances no
longer warrant the 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. 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 United
States, its departments, agencies, instrumentalities, or entities,
its officers or employees, or any other person.
Sec. 9. This order is effective at 12:01 a.m. eastern standard
time on February 8, 2006.
George W. Bush.
ANNEX
[Omitted.]