[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Presidential Documents]
[Pages 60223-60226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5270]
[[Page 60221]]
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Part VII
The President
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Executive Order 13448--Blocking Property and Prohibiting Certain
Transactions Related to Burma
Presidential Documents
Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Executive Order 13448 of October 18, 2007
Blocking Property and Prohibiting Certain
Transactions Related to Burma
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), the
Burmese Freedom and Democracy Act of 2003 (Public Law
108-61, as amended, 50 U.S.C. 1701 note), and section
301 of title 3, United States Code, and in order to
take additional steps with respect to the Government of
Burma's continued repression of the democratic
opposition in Burma,
I, GEORGE W. BUSH, President of the United States of
America, hereby expand the scope of the national
emergency declared in Executive Order 13047 of May 20,
1997, and relied upon for additional steps taken in
Executive Order 13310 of July 28, 2003, finding that
the Government of Burma's continued repression of the
democratic opposition in Burma, manifested most
recently in the violent response to peaceful
demonstrations, the commission of human rights abuses
related to political repression, and engagement in
public corruption, including by diverting or misusing
Burmese public assets or by misusing public authority,
constitute an unusual and extraordinary threat to the
national security and foreign policy of the United
States, and I hereby order:
Section 1. Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1),
(3), and (4)), the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX, Public Law 106-387),
or regulations, orders, directives, or licenses that
may be issued pursuant to this order, and
notwithstanding any contract entered into or any
license or permit granted prior to the effective date
of this order, all property and interests in property
of the following persons that are in the United States,
that hereafter come within the United States, or that
are or hereafter come within the possession or control
of United States persons, including their overseas
branches, are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:
(a) the persons listed in the Annex attached and made a
part of this order; and
(b) any person determined by the Secretary of the
Treasury, after consultation with the Secretary of
State:
(i) to be a senior official of the Government of Burma, the State Peace and
Development Council of Burma, the Union Solidarity and Development
Association of Burma, or any successor entity to any of the foregoing;
(ii) to be responsible for, or to have participated in, human rights abuses
related to political repression in Burma;
(iii) to be engaged, or to have engaged, in activities facilitating public
corruption by senior officials of the Government of Burma;
[[Page 60224]]
(iv) to have materially assisted, sponsored, or provided financial,
material, logistical, or technical support for, or goods or services in
support of, the Government of Burma, the State Peace and Development
Council of Burma, the Union Solidarity and Development Association of
Burma, any successor entity to any of the foregoing, any senior official of
any of the foregoing, or any person whose property and interests in
property are blocked pursuant to Executive Order 13310 or section 1(b)(i)-
(v) of this order;
(v) to be owned or controlled by, or to have acted or purported to act for
or on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to Executive Order 13310 or
section 1(b)(i)-(v) of this order; or
(vi) to be a spouse or dependent child of any person whose property and
interests in property are blocked pursuant to this order or Executive Order
13310.
Sec. 2. (a) Any transaction by a United States person
or within the United States that evades or avoids, has
the purpose of evading or avoiding, or attempts to
violate any of the prohibitions set forth in this order
is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States;
and
(d) the term ``Government of Burma'' means the
Government of Burma (sometimes referred to as Myanmar),
its agencies, instrumentalities and controlled
entities, and the Central Bank of Burma.
Sec. 4. I hereby determine that the making of donations
of the type specified in section 203(b)(2) of IEEPA (50
U.S.C. 1702(b)(2)) by, to, or for the benefit of,
persons whose property and interests in property are
blocked pursuant to section 1 of this order would
seriously impair my ability to deal with the national
emergency declared in Executive Order 13047, and relied
upon for additional steps taken in Executive Order
13310, and expanded in this order, and hereby prohibit
such donations as provided by section 1 of this order.
Sec. 5. For those persons whose property and interests
in property are blocked pursuant to section 1 of this
order who might have a constitutional presence in the
United States, I find that because of the ability to
transfer funds or other assets instantaneously, prior
notice to such persons of measures to be taken pursuant
to this order would render these measures ineffectual.
I therefore determine that for these measures to be
effective in addressing the national emergency declared
in Executive Order 13047, and relied upon for
additional steps taken in Executive Order 13310, and
expanded in this order, there need be no prior notice
of a listing or determination made pursuant to this
order.
[[Page 60225]]
Sec. 6. The Secretary of the Treasury, after
consultation with the Secretary of State, is hereby
authorized to take such actions, including the
promulgation of rules and regulations, and to employ
all powers granted to the President by IEEPA and
section 4 of the Burmese Freedom and Democracy Act of
2003 as may be necessary to carry out the purposes of
this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and
agencies of the United States Government consistent
with applicable law. All agencies of the United States
Government are hereby directed to take all appropriate
measures within their authority to carry out the
provisions of this order.
Sec. 7. The Secretary of the Treasury, after
consultation with the Secretary of State, is authorized
to determine, subsequent to the effective date of this
order, that circumstances no longer warrant inclusion
of a person in the Annex to this order and that the
property and interests in property of that person are
therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. Nothing in this order is intended to affect the
continued effectiveness of any rules, regulations,
orders, licenses, or other forms of administrative
action issued, taken, or continued in effect heretofore
or hereafter under 31 C.F.R. chapter V, except as
expressly terminated, modified, or suspended by or
pursuant to this order.
Sec. 9. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies,
instrumentalities, or entities, its officers or
employees, or any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern
daylight time on October 19, 2007.
(Presidential Sig.)
THE WHITE HOUSE,
October 18, 2007.
Billing code 3195-01-P
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[GRAPHIC] [TIFF OMITTED] TD23OC07.025
[FR Doc. 07-5270
Filed 10-22-07; 9:14 am]
Billing code 4810-25-C