[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Presidential Documents]
[Pages 38567-38570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13214]
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Part V
The President
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Executive Order 13382--Blocking Property of Weapons of Mass Destruction
Proliferators and Their Supporters
Presidential Documents
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Executive Order 13382 of June 28, 2005
Blocking Property of Weapons of Mass Destruction
Proliferators and Their Supporters
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, 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not be transferred, paid, exported, withdrawn, or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;
(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
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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. Section 4(a) of Executive Order 12938, as
amended, is further amended to read as follows:
``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.''
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
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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.
(Presidential Sig.)B
THE WHITE HOUSE,
June 28, 2005.
Billing code 3195-01-P
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ANNEX
Korea Mining Development Trading Corporation
Tanchon Commercial Bank
Korea Ryonbong General Corporation
Aerospace Industries Organization
Shahid Hemmat Industrial Group
Shahid Bakeri Industrial Group
Atomic Energy Organization of Iran
Scientific Studies and Research Center
[FR Doc. 05-13214 Filed 6-30-05; 9:31 am]
Billing code 4810-25-Pi