| 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transferred, paid, exported, withdrawn, or otherwise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.
|
Back to Main Menu