EXECUTIVE
ORDER
EO 13382
Effective Date: July 01, 2005

Responsible Office: Administrator
Subject: Blocking Property of Weapons of Mass Destruction Proliferarors and Their Supporters

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                not be transferred, paid, exported, withdrawn, or 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



[[Page 38568]]



                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



[[Page 38569]]



                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.
		

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