| EXECUTIVE ORDER |
EO 13348 Effective Date: July 27, 2004 |
| Responsible Office: Office of General Counsel |
| Subject: Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods from Liberia |
Blocking Property of Certain Persons and
Prohibiting the Importation of Certain Goods from
Liberia
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), section 5 of the United Nations Participation
Act, as amended (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code, and in view of
United Nations Security Council Resolutions 1521 of
December 22, 2003, and 1532 of March 12, 2004,
I, GEORGE W. BUSH, President of the United States of
America, note that the actions and policies of former
Liberian President Charles Taylor and other persons, in
particular their unlawful depletion of Liberian
resources and their removal from Liberia and secreting
of Liberian funds and property, have undermined
Liberia's transition to democracy and the orderly
development of its political, administrative, and
economic institutions and resources. I further note
that the Comprehensive Peace Agreement signed on August
18, 2003, and the related ceasefire have not yet been
universally implemented throughout Liberia, and that
the illicit trade in round logs and timber products is
linked to the proliferation of and trafficking in
illegal arms, which perpetuate the Liberian conflict
and fuel and exacerbate other conflicts throughout West
Africa. I find that the actions, policies, and
circumstances described above constitute an unusual and
extraordinary threat to the foreign policy of the
United States and hereby declare a national emergency
to deal with that threat. To address that threat, 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 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; and
(ii)
any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A)
to be or have been an immediate family member of Charles Taylor;
(B)
to have been a senior official of the former Liberian regime headed by
Charles Taylor or otherwise to have been or be a close ally or associate of
Charles Taylor or the former Liberian regime;
(C)
to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of, the
unlawful depletion of Liberian resources, the removal of Liberian resources
from that country, and the secreting of Liberian funds and property by any
person whose property and interests in property are blocked pursuant to
this order; or
[[Page 44886]]
(D)
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) 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 or interests in property
are blocked pursuant to paragraph (a) of this section
would seriously impair my ability to deal with the
national emergency declared in this order, and I hereby
prohibit such donations as provided by paragraph (a) of
this section.
(c) The prohibitions in paragraph (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 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. 2. Except to the extent provided 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, the direct
or indirect importation into the United States of any
round log or timber product originating in Liberia is
prohibited.
Sec. 3. (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. 4. 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 ``round log or timber product'' means any
product classifiable in Chapter 44 of the Harmonized
Tariff Schedule of the United States.
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 this order, 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 and UNPA 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.
[[Page 44887]]
Sec. 7. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby 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 NEA, 50 U.S.C.
1641(c), and section 204(c) of IEEPA, 50 U.S.C.
1703(c).
Sec. 8. 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. 9. 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. 10. This order is effective at 12:01 a.m. eastern
daylight time on July 23, 2004.
Sec. 11. This order shall be transmitted to the
Congress and published in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
July 22, 2004.
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