EXECUTIVE
ORDER
EO 13310
Effective Date: July 28, 2003

Responsible Office: Office of Policy Coordination and International Relations
Subject: Blocking Property of the Government of Burma and Prohibiting Certain Transaction

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                exported, withdrawn, or otherwise dealt in: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.

		

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