| EXECUTIVE ORDER |
EO 13338 Effective Date: May 13, 2004 |
| Responsible Office: Office of Policy Coordination and International Relations |
| Subject: Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria |
Blocking Property of Certain Persons and
Prohibiting the Export of Certain Goods to Syria
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
(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) (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,
[[Page 26752]]
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;
(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
[[Page 26753]]
(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
[[Page 26754]]
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.
(Presidential Sig.)B
THE WHITE HOUSE,
May 11, 2004.
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