EXECUTIVE
ORDER
EO 13438
Effective Date: July 19, 2007

Responsible Office: Office of Institutions and Management
Subject: Blocking Property of Certain Persons who Threaten Stabilization Efforts in Iraq

Blocking Property of Certain Persons Who Threaten 
                Stabilization Efforts in Iraq

                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, as amended (50 U.S.C. 1701 et seq.)(IEEPA), 
                the National Emergencies Act (50 U.S.C. 1601 et 
                seq.)(NEA), and section 301 of title 3, United States 
                Code,

                I, GEORGE W. BUSH, President of the United States of 
                America, find that, due to the unusual and 
                extraordinary threat to the national security and 
                foreign policy of the United States posed by acts of 
                violence threatening the peace and stability of Iraq 
                and undermining efforts to promote economic 
                reconstruction and political reform in Iraq and to 
                provide humanitarian assistance to the Iraqi people, it 
                is in the interests of the United States to take 
                additional steps with respect to the national emergency 
                declared in Executive Order 13303 of May 22, 2003, and 
                expanded in Executive Order 13315 of August 28, 2003, 
                and relied upon for additional steps taken in Executive 
                Order 13350 of July 29, 2004, and Executive Order 13364 
                of November 29, 2004. I 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 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: any person determined by the Secretary of the 
                Treasury, in consultation with the Secretary of State 
                and the Secretary of Defense,

(i) to have committed, or to pose a significant risk of committing, an act 
or acts of violence that have the purpose or effect of:

(A) threatening the peace or stability of Iraq or the Government of Iraq; 
or

(B) undermining efforts to promote economic reconstruction and political 
reform in Iraq or to provide humanitarian assistance to the Iraqi people;

(ii) to have materially assisted, sponsored, or provided financial, 
material, logistical, or technical support for, or goods or services in 
support of, such an act or acts of violence or any person whose property 
and interests in property are blocked pursuant to this order; or

(iii) 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 this order.

                (b) The prohibitions in subsection (a) of this section 
                include, but are 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 pursuant to this 
                order, and (ii) the receipt of any contribution or 
                provision of funds, goods, or services from any such 
                person.

[[Page 39720]]

                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; 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. 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, 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 13303 and expanded in Executive 
                Order 13315, and I 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 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 13303 and expanded in Executive 
                Order 13315, there need be no prior notice of a listing 
                or determination made pursuant to section 1(a) of this 
                order.

                Sec. 6. The Secretary of the Treasury, in consultation 
                with the Secretary of State and the Secretary of 
                Defense, 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 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. 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.

[[Page 39721]]

                Sec. 8. This order is not intended to, and does not, 
                create any right, benefit, or privilege, 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. 
                
                
                    President, George Bush

                THE WHITE HOUSE,

                    July 17, 2007.

		

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