[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