[House Document 107-126]
[From the U.S. Government Publishing Office]



                                     

107th Congress, 1st Session - - - - - - - - - - -House Document 107-126


 
                   DECLARATION OF NATIONAL EMERGENCY
                   IN RESPONSE TO TERRORIST ATTACKS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS DECLARATION OF A NATIONAL EMERGENCY IN RESPONSE TO THE UNUSUAL AND 
 EXTRAORDINARY THREAT POSED TO THE NATIONAL SECURITY, FOREIGN POLICY, 
AND ECONOMY OF THE UNITED STATES BY GRAVE ACTS OF TERRORISM AND THREATS 
 OF TERRORISM COMMITTED BY FOREIGN TERRORISTS, INCLUDING THE SEPTEMBER 
 11, 2001, TERRORIST ATTACKS AND HIS EXECUTIVE ORDER BLOCKING PROPERTY 
   AND PROHIBITING TRANSACTIONS WITH PERSONS WHO COMMIT, THREATEN TO 
  COMMIT, OR SUPPORT TERRORISM, PURSUANT TO 50 U.S.C. 1703(b) AND 50 
                              U.S.C. 1631




 September 25, 2001.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    Pursuant to section 204(b) of the International Emergency 
Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and section 301 
of the National Emergencies Act, 50 U.S.C. 1631, I hereby 
report that I have exercised my statutory authority to declare 
a national emergency in response to the unusual and 
extraordinary threat posed to the national security, foreign 
policy, and economy of the United States by grave acts of 
terrorism and threats of terrorism committed by foreign 
terrorists, including the September 11, 2001, terrorist attacks 
at the World Trade Center, New York, at the Pentagon, and in 
Pennsylvania. I have also issued an Executive Order to help 
deal with this threat by giving the United States more powerful 
tools to reach the means by which terrorists and terrorist 
networks finance themselves and to encourage greater 
cooperation by foreign financial institutions and other 
entities that may have access to foreign property belonging to 
terrorists or terrorist organizations.
    The attacks of September 11, 2001, highlighted in the most 
tragic way the threat posed to the security and national 
interests of the United States by terrorists who have abandoned 
any regard for humanity, decency, morality, or honor. 
Terrorists and terrorist networks operate across international 
borders and derive their financing from sources in many 
nations. Often, terrorist property and financial assets lie 
outside the jurisdiction of the United States. Our effort to 
combat and destroy the financial underpinnings of global 
terrorism must therefore be broad, and not only provide 
powerful sanctions against the U.S. property of terrorists and 
their supporters, but also encourage multilateral cooperation 
in identifying and freezing property and assets located 
elsewhere.
    This Executive Order is part of our national commitment to 
lead the international effort to bring a halt to the evil of 
terrorist activity. In general terms, it provides additional 
means by which to disrupt the financial support network for 
terrorist organizations by blocking the U.S. assets not only of 
foreign persons or entities who commit or pose a significant 
risk of committing acts of terrorism, but also by blocking the 
assets of their subsidiaries, front organizations, agents, and 
associates, and any other entities that provide services or 
assistance to them. Although the blocking powers enumerated in 
the order are broad, my Administration is committed to 
exercising them responsibly, with due regard for the 
culpability of the persons and entities potentially covered by 
the order, and in consultation with other countries.
    The specific terms of the Executive Order provide for the 
blocking of the property and interests in property, including 
bank deposits, of foreign persons designated in the order or 
pursuant thereto, when such property is within the United 
States or in the possession or control of United States 
persons. In addition, the Executive Order prohibits by 
transaction or dealing by United States persons in such 
property or interests in property, including the making or 
receiving of any contribution of funds, goods, or services to 
or for the benefit of such designated persons.
    I have identified in an Annex to this order eleven 
terrorist organizations, twelve individual terrorist leaders, 
three charitable or humanitarian organizations that operate as 
fronts for terrorist financing and support, and one business 
entity that operates as a front for terrorist financing and 
support. I have determined that each of these organizations and 
individuals have committed, supported, or threatened acts of 
terrorism that imperil the security of U.S. nationals or the 
national security, foreign policy, or economy of the United 
States. I have also authorized the Secretary of State to 
determine and designate additional foreign persons who have 
committed or pose a significant risk of committing acts of 
terrorism that threaten the security of U.S. nationals orthe 
national security, foreign policy, or economy of the United States. 
Such designations are to be made in consultation with the Secretary of 
the Treasury and the Attorney General.
    The Executive Order further authorizes the Secretary of the 
Treasury to identify, in consultation with the Secretary of 
State and the Attorney General, additional persons or entities 
that:
           Are owned or controlled by, or that act for 
        or on behalf of, those persons designated in or 
        pursuant to the order;
           Assist in, sponsor, or provide financial, 
        material, or technological support for, or financial or 
        other services to or in support of acts of terrorism or 
        those persons designated in or pursuant to the order; 
        or
           Are otherwise associated with those persons 
        designated in or pursuant to the order.
    Prior to designating persons that fall within the latter 
two categories, the Secretary of the Treasury is authorized to 
consult with any foreign authorities the Secretary of State 
deems appropriate, in consultation with the Secretary of the 
Treasury and the Attorney General. Such consultation is 
intended to avoid the need for additional designations by 
securing bilateral or multilateral cooperation from foreign 
governments and foreign financial and other institutions. Such 
consultation may include requests to foreign governments to 
seek, in accordance with international law and their domestic 
laws, information from financial institutions regarding 
terrorist property and to take action to deny terrorists the 
use of such property. The order also provides broad authority, 
with respect to the latter two categories, for the Secretary of 
the Treasury, in his discretion, and in consultation with the 
Secretary of State and the Attorney General, to take lesser 
action that the complete blocking of property or interests in 
property if such lesser action is deemed constitent with 
national interests of the United States. Some of the factors 
hat may be considered in deciding whether a lesser action 
against a foreign person is consistent with the national 
interests of the United States includes:
           The impact of blocking on the U.S. or 
        international financial system;
           The extent to which the foreign person has 
        cooperated with U.S. authorities;
           The degree of knowledge the foreign person 
        had of the terrorist-related activities of the 
        designated person;
           The extent of the relationship between the 
        foreign person and the designated person; and
           The impact of bocking or other measures on 
        the foreign person.
    The Executive Order also directs the Secretary of State, 
the Secretary of the Treasury, and other agencies to make all 
relevant efforts to cooperate and coordinate with other 
countries, including through existing and future multilateral 
and bilateral agreements and arrangements, to achieve the 
objectives of this order, including the prevention and 
suppression of act of terrorism, the denial of the financing of 
and financial services to terrorists and terrorist 
organizations, and the sharing of intelligence about funding 
activities in support of terrorism.
    In the Executive Order, I also have made determinations to 
suspend otherwise applicable exemptions for certain 
humanitarian, medical, or agricultural transfers or donations. 
Regrettably, international terrorist networks make frequent use 
of charitable or humanitarian organizations to obtain 
clandestine financial and other support for their activities. 
If these exemptions were not suspended, the provision of 
humanitarian materials could be used as a loophole through 
which support could be provided to individuals or groups 
involved with terrorism and whose activities endanger the 
safety of the United States nationals, both here and abroad.
    The Secretary of the Treasury, in consultation with the 
Secretary of State and the Attorney General, is authorized to 
issue regulations in exercise of my authorities under IEEPA to 
implement the prohibitions set forth in the Executive Order. 
All Federal agencies are also directed to take actions within 
their authority to carry out the provisions of the order, and, 
where applicable, to advise the Secretary of the Treasury in a 
timely manner of the measures taken.
    The measures taken here will immediately demonstrate our 
resolve to bring new strength to bear in our multifaceted 
struggle to eradicate international terrorism. It is my hope 
that they will point the way for other civilized nations to 
adopt similar measures to attack the financial roots of global 
terrorist networks.
    In that regard, this Executive order is an integral part of 
our larger effort to form a coalition in the global war against 
terrorism. We have already worked with nations around the globe 
and groups such as the G-8, the European Union, and the Rio 
Group, all of which have issued strong statements of their 
intention to take measures to limit the ability of terrorist 
groups to operate. In the next several weeks the 33rd Session 
of the International Civil Aviation Organization (ICAO) General 
Assembly and other fora will focus on terrorism worldwide. It 
is our intention to work within the G-7/G-8, the ICAO, and 
other fora to reach agreement on strong concrete steps that 
will limit the ability of terrorists to operate. In the G-7/G-
8, the United States will work with its partners, drawing on 
the G-8 Lyon Group on Transnational Crime, the G-8 Group on 
Counter-Terrorism, the G-7 Financial Action Task Force, and the 
existing G-8 commitments to build momentum and practical 
cooperation in the fight to stop the flow of resources to 
support terrorism. In addition, both the Convention for the 
Suppression of the Financing of Terrorism and the Convention 
for the Suppression of Terrorist Bombings have been forwarded 
to the Senate, and I will be forwarding shortly to the Congress 
implementing legislation for both Conventions.
    I am enclosing a copy of the Executive order I have issued. 
This order is effective at 12:01 a.m. eastern daylight time on 
September 24, 2001.

                                                    George W. Bush.
    The White House, September 23, 2001.
                            Executive Order

                              ----------                              


Blocking Property and Prohibiting Transactions With Persons Who Commit, 
                Threaten To Commit, or Support Terrorism

    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.), section 5 of the United Nations 
Participation Act of 1945, 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 Resolution (UNSCR) 1214 of 
December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of 
December 19, 2000, and the multilateral sanctions contained 
therein, and UNSCR 1363 of July 30, 2001, establishing a 
mechanism to monitor the implementation of UNSCR 1333,
    I, GEORGE W. BUSH, President of the United States of 
America, find that grave acts of terrorism and threats of 
terrorism committed by foreign terrorists, including the 
terrorist attacks in New York, Pennsylvania, and the Pentagon 
committed on September 11, 2001, acts recognized and condemned 
in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October 
19, 1999, and the continuing and immediate threat of further 
attacks on United States nationals or the United States 
constitutes an unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States, and 
in furtherance of my proclamation of September 14, 2001, 
Declaration of National Emergency by Reason of Certain 
Terrorist Attacks, hereby declare a national emergency to deal 
with that threat. I also find that because of the pervasiveness 
and expansiveness of the financial foundation of foreign 
terrorists, financial sanctions may be appropriate for those 
foreign persons that support or otherwise associate with these 
foreign terrorists. I also find that a need exists for further 
consultation and cooperation with, and sharing of information 
by, United States and foreign financial institutions as an 
additional tool to enable the United States to combat the 
financing of terrorism.
    I hereby order:
    Section 1. Except to the extent required by section 203(b) 
of IEEPA (50 U.S.C. 1702(b)), or 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, all property and interests in property of the 
following persons that are in the United States or that 
hereafter come within the United States, or that hereafter come 
within the possession or control of United States persons are 
blocked:
    (a) foreign persons listed in the Annex to this order;
    (b) foreign persons determined by the Secretary of State, 
in consultation with the Secretary of the Treasury and the 
Attorney General, to have committed, or to pose a significant 
risk of committing, acts of terrorism that threaten the 
security of U.S. nationals or the national security, foreign 
policy, or economy of the United States;
    (c) persons determined by the Secretary of the Treasury, in 
consultation with the Secretary of State and the Attorney 
General, to be owned or controlled by, or to act for or on 
behalf of those persons listed in the Annex to this order or 
those persons determined to be subject to subsection 1(b), 
1(c), or 1(d)(i) of this order;
    (d) except as provided in section 5 of this order and after 
such consultation, if any, with foreign authorities as the 
Secretary of State, in consultation with the Secretary of the 
Treasury and the Attorney General, deems appropriate in the 
exercise of his discretion, persons determined by the Secretary 
of the Treasury, in consultation with the Secretary of State 
and the Attorney General;
          (i) to assist in, sponsor, or provide financial, 
        material, or technological support for, or financial or 
        other services to or in support of, such acts of 
        terrorism or those persons listed in the Annex to this 
        order or determined to be subject to this order; or
          (ii) to be otherwise associated with those persons 
        listed in the Annex to this order or those persons 
        determined to be subject to subsection 1(b), 1(c), or 
        1(d)(i) of this order.
    Sec. 2. Except to the extent required by section 203(b) of 
IEEPA (50 U.S.C.. 1702(b)), or 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:
    (a) any transaction or dealing by United States persons or 
within the United States in property or interests in property 
blocked pursuant to this order is prohibited, including but not 
limited to the making or receiving of any contribution of 
funds, goods, or services to or for the benefit of those 
persons listed in the Annex to this order or determined to be 
subject to this order;
    (b) any transactions by any United States person or within 
the United States that evades or avoids, or has the purpose of 
evading or avoiding, or attempts to violate, any of the 
prohibitions set forth in this order is prohibited; and
    (c) 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, 
corporation, or other organization, group, or subgroup;
    (c) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States (including foreign 
branches), or any person in the United States; and
    (d) the term ``terrorism'' means an activity that--
          (i) involves a violent act or an act dangerous to 
        human life, property, or infrastructure; and
          (ii) appears to be intended--
                  (A) to intimidate or coerce a civilian 
                population;
                  (B) to influence the policy of a government 
                by intimidation or coercion; or
                  (C) to affect the conduct of a government by 
                mass destruction, assassination, kidnapping, or 
                hostage-taking.
    Sec. 4. I hereby determined that the making of donations of 
the type specified in section 203(b)(2) of IEEPA (50 U.S.C. 
1702(b)(2)) by United States persons to persons determined to 
be subject to this order would seriously impair my ability to 
deal with the national emergency declared in this order, and 
would endanger Armed Forces of the United States that are in a 
situation where imminent involvement in hostilities is clearly 
indicated by the circumstances, and hereby prohibit such 
donations as provided by section 1 of this order. Furthermore, 
I hereby determine that the Trade Sanctions Reform and Export 
Enhancement Act of 2000 (title IX, Public Law 106-387) shall 
not affect the imposition or the continuation of the imposition 
of any unilateral agricultural sanction or unilateral medical 
sanction on any person determined to be subject to this order 
because imminent involvement of the Armed Forces of the United 
States in hostilities is clearly indicated by the 
circumstances.
    Sec. 5. With respect to those persons designated pursuant 
to subsection 1(d) of this order, the Secretary of the 
Treasury, in the exercise of his discretion and in consultation 
with the Secretary of State and the Attorney General, may take 
such other actions than the complete blocking of property or 
interests in property as the President is authorized to take 
under IEEPA and UNPA if the Secretary of the Treasury, in 
consultation with the Secretary of State and the Attorney 
General, deems such otheractions to be consistent with the 
national interests of the United States, considering such factors as he 
deems appropriate.
    Sec. 6. The Secretary of State, the Secretary of the 
Treasury, and other appropriate agencies shall make all 
relevant efforts to cooperate and coordinate with other 
countries, including through technical assistance, as well as 
bilateral and multilateral agreements and arrangements, to 
achieve the objectives of this order, including the prevention 
and suppression of acts of terrorism, the denial of financing 
and financial services to terrorists and terrorist 
organizations, and the sharing of intelligence about funding 
activities in support of terrorism.
    Sec. 7. The Secretary of the Treasury, in consultation with 
the Secretary of State and the Attorney General, 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 are hereby directed to 
take all appropriate measures within their authority to carry 
out the provisions of this order.
    Sec. 8. 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.
    Sec. 9. Nothing contained in this order is intended to 
create, nor does it create, any right, benefit, or privilege, 
substantive or procedural, enforceable at law by a party 
against the United States, its agencies, officers, employees or 
any other person.
    Sec. 10. For those persons listed in the Annex to this 
order or determined to be subject to 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 to be 
taken pursuant to this order would render these measures 
ineffectual. I therefore determined 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. 11. (a) This order is effective at 12:01 a.m. eastern 
daylight time on September 24, 2001.
    (b) this order shall be transmitted to the Congress and 
published in the Federal Register.

                                                    George W. Bush.
    The White House, September 23, 2001.

                                 Annex

Al Qaida/Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Asbat al-Ansar
Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Itihaad al-Islamiya (AIAI)
Islamic Army of Aden
Usama bin Laden
Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri)
Sayf al-Adl
Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)
Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid, Khalid 
            Al-Shanqiti
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
Ayman al-Zawahiri
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust
Mamoun Darkazanli Import-Export Company

                                
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