[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Presidential Documents]
[Pages 44853-44856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19573]
Presidential Documents
Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 /
Presidential Documents
[[Page 44853]]
Executive Order 13310 of July 28, 2003
Blocking Property of the Government of Burma and
Prohibiting Certain Transactions
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), the
Burmese Freedom and Democracy Act of 2003 (July 28,
2003), and section 301 of title 3, United States Code,
and in order to take additional steps with respect to
the Government of Burma's continued repression of the
democratic opposition in Burma and with respect to the
national emergency declared in Executive Order 13047 of
May 20, 1997;
I, GEORGE W. BUSH, President of the United States of
America, hereby order:
Section 1. Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1),
(3), and (4)), the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX, PublicLaw 106-387)
(TSRA), or regulations, orders, directives, or licenses
that may be issued pursuant to this order, and
notwithstanding any contract entered into or any
license or permit granted prior to the effective date
of this order, all property and interests in property
of the following persons that are in the United States,
that hereafter come within the United States, or that
are or hereafter come within the possession or control
of United States persons, including their overseas
branches, are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:
(a) the persons listed in the Annex attached and
made a part of this order; and
(b) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
(i)
to be a senior official of the Government of Burma, the State Peace and
Development Council of Burma, the Union Solidarity and Development
Association of Burma, or any successor entity to any of the foregoing; or
(ii)
to be owned or controlled by, or acting or purporting to act for or on
behalf of, directly or indirectly, any person whose property and interests
in property are blocked pursuant to this order.
Sec. 2. Except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)), the TSRA, or regulations,
orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted
prior to the effective date of this order, the
following are prohibited:
(a) the exportation or reexportation, directly or
indirectly, to Burma of any financial services either
(i) from the United States or (ii) by a United States
person, wherever located; and
(b) any approval, financing, facilitation, or
guarantee by a United States person, wherever located,
of a transaction by a foreign person where the
transaction by that foreign person would be prohibited
by this order if performed by a United States person or
within the United States;
Sec. 3. Beginning 30 days after the effective date of
this order, and except to the extent provided in
section 8 of this order and in regulations, orders,
[[Page 44854]]
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, and hereby prohibit such donations as provided
by section 1 of this order.
Sec. 7. For those persons whose property and interests
in property are blocked pursuant to section 1 of this
order who might have a constitutional presence in the
United States, I find that because of the ability to
transfer funds or other assets instantaneously, prior
notice to such persons of measures to be taken pursuant
to this order would render these measures ineffectual.
I therefore determine that for these measures to be
effective in addressing the national emergency declared
in Executive Order 13047, there need be no prior notice
of a listing or determination made pursuant to this
order.
Sec. 8. Determining that such a waiver is in the
national interest of the United States, I hereby waive
the prohibitions described in section 3 of the Burmese
Freedom and Democracy Act of 2003 with respect to any
and all articles that are a product of Burma to the
extent that prohibiting the importation of such
articles would conflict with the international
obligations of the United States under the Vienna
Convention on Diplomatic Relations, the Vienna
Convention on Consular Relations, the United Nations
Headquarters Agreement, and other legal instruments
providing equivalent privileges and immunities.
Sec. 9. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including the promulgation of rules
and regulations, and to employ all powers granted to
the President by IEEPA and sections 3(a) and 4 of the
Burmese Freedom and Democracy Act of 2003, other than
the authority to make the determinations and
certification to the Congress that Burma has met the
conditions described in 3(a)(3) of the Act, as may be
necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United
States Government consistent with applicable law. The
Secretary of State is authorized to exercise the
functions and authorities conferred upon the President
by section 3(b) of the Burmese Freedom and Democracy
Act of 2003 and to redelegate these functions and
authorities consistent with applicable law. All
agencies of the United States Government are hereby
directed to take all appropriate measures within their
authority to carry out the provisions of this order.
[[Page 44855]]
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
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.
(Presidential Sig.)B
THE WHITE HOUSE,
July 28, 2003.
Billing code 3195-01-P
[[Page 44856]]
Annex
The State Peace and Development Council of Burma
Myanma Foreign Trade Bank (a.k.a. Myanmar Foreign Trade
Bank)
Myanma Investment and Commercial Bank (a.k.a. MICB;
a.k.a. Myanmar Investment and Commercial Bank)
Myanma Economic Bank (a.k.a. Myanmar Economic Bank)
[FR Doc. 03-19573 Filed 7-29-03; 8:57 am]
Billing code 3110-01-M