[House Document 108-109]
[From the U.S. Government Publishing Office]




108th Congress, 1st Session - - - - - - - - - - - - House Document 108-109


 
    PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO BURMA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A 6-MONTH PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO 
BURMA DECLARED BY EXECUTIVE ORDER 13047 OF MAY 20, 1997, PURSUANT TO 50 
                  U.S.C. 1641(c) AND 50 U.S.C. 1703(c)




 July 29, 2003.--Referred to the Committee on International Relations 
                       and ordered to be printed
                                           The White House,
                                         Washington, July 28, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives, Washington, DC.
    Dear Mr. Speaker: Consistent with 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 issued an Executive 
Order (the ``Order'') that expands the sanctions against Burma 
currently in place pursuant to the national emergency with 
respect to Burma declared in Executive Order 13047 of May 20, 
1997. Further, I hereby provide the notification to the 
Congress required by section 3(b) of the Burmese Freedom and 
Democracy Act of 2003 (the ``Act'') regarding my exercise of 
the waiver authorities provided in that section.
    In 1997, the United States put in place a prohibition on 
new investment in Burma in response to the Government of 
Burma's large scale repression of the democratic opposition in 
that country. Since that time, the Government of Burma has 
rejected our efforts and the efforts of others in the 
international community to end its repressive activities. In 
May of this year, that rejection manifested itself in a brutal 
and organized attack on the motorcade of Aung San Suu Kyi, a 
Nobel Peace Prize winner and leader of the peaceful democratic 
opposition party in Burma, the National League for Democracy. 
The Government of Burma has continued to ignore our requests 
for her to be released from confinement, for the other National 
League for Democracy leaders who were jailed before and after 
the attack to be released, and for the offices of the National 
League for Democracy to be allowed to reopen.
    I have now determined that this continued and increasing 
repression by the Government of Burma warrants an expansion of 
the sanctions against that government. I applaud the Congress' 
efforts to address the Government of Burma's action. The 
prohibitions contained in my Order implement sections 3 and 4 
of the Burmese Freedom and Democracy Act of 2003 and supplement 
that Act with additional restrictions.
    The Order blocks all property and interests in property of 
the State Peace and Development Council of Burma, the Myanma 
Foreign Trade Bank, the Myanma Investment and Commercial Bank 
(MICB), and the Myanma Economic Bank as well as all property 
and interests inproperty of persons determined by the Secretary 
of the Treasury, in consultation with the Secretary of State, to be 
senior officials of the Government of Burma, the State Peace and 
Development Council of Burma, the Union Solidarity and Development 
Association of Burma, or any successor entity to any of the foregoing; 
or to be owned or controlled by, or acting or purporting to act for or 
on behalf of, directly or indirectly, any of the foregoing. The Order 
also prohibits the exportation or re-exportation of financial services 
to Burma either from the United States or by any United States person 
and, 30 days from the effective date of the Order, the importation into 
the United States of any article that is a product of Burma.
    The Department of the Treasury, in consultation with the 
Department of State, will implement a remittance program 
authorizing limited personal transfers of funds and will 
authorize most transactions relating to humanitarian, 
educational, and official United States Government activities. 
Additionally, the Order grandfathers any activity, or 
transactions incident to any activity, other than the import of 
any products of Burma, undertaken pursuant to any agreement 
that was entered into by a United States person with the 
Government of Burma or a nongovernmental entity in Burma prior 
to May 21, 1997, the effective date of Executive Order 13047.
    I have determined that the waiver of the prohibitions 
described in section 3 of the Burmese Freedom and Democracy Act 
of 2003 with respect to any or all articles that are a product 
of Burma is in the national interest of the United States to 
the extent that prohibiting the importation of such articles 
would conflict with the international obligations of the United 
States under the Vienna Convention on Diplomatic Relations, the 
Vienna Convention on Consular Relations, the United Nations 
Headquarters Agreement, and other legal instruments providing 
equivalent privileges and immunities. In addition, in the 
exercise of my constitutional authorities under Article II of 
the Constitution to conduct the foreign relations of the United 
States, I will construe the Act in a manner that will in no way 
impair the existing ability of United States diplomatic and 
consular officials to import articles that are a product of 
Burma that are necessary to the performance of their functions 
as United States Government officials in Burma.
    The Secretary of the Treasury, in consultation with the 
Secretary of State, is authorized to issue regulations in the 
exercise of authorities under the International Emergency 
Economic Powers Act and sections 3(a) and 4 of the Burmese 
Freedom and Democracy Act of 2003, other than the authority to 
make the determinations and certification to the Congress that 
Burma has met the conditions described in section 3(a)(3), to 
implement the measures provided in the Order. The Secretary of 
State is also authorized to exercise the functions and 
authorities conferred upon the President by section 3(b) of the 
Burmese Freedom and Democracy Act of 2003. All Federal agencies 
are directed to take actions within their authority to carry 
out the provisions of the Order.
    I have enclosed a copy of the Executive Order I have 
issued. This Order becomes effective at 12:01 a.m. eastern 
daylight time on July 29, 2003.
            Sincerely,
                                                    George W. Bush.
                            Executive Order

                              ----------                              


 Blocking Property of the Government of Burma and Prohibiting Certain 
                              Transactions

    By the authority vested in me as President of 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.), the Burmese Freedom and Democracy Act of 
2003 (July 28, 2003), and section 301 of title 3, United States 
Code, and in order to take additional steps with respect to the 
Government of Burma's continued repression of the democratic 
opposition in Burma and with respect to the national emergency 
declared in Executive Order 13047 of May 20, 1997;
    I, GEORGE W. BUSH, President of the United States of 
America, hereby order:
    Section 1. 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)), the Trade Sanctions Reform and Export Enhancement Act 
of 2000 (title IX, Public Law 106-387) (TSRA), 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, 
including their overseas branches, are blocked and may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in:
          (a) the persons listed in the Annex attached and made 
        a part of this order; and
          (b) any person determined by the Secretary of the 
        Treasury, in consultation with the Secretary of State,
                  (i) to be a senior official of the Government 
                of Burma, the State Peace and Development 
                Council of Burma, the Union Solidarity and 
                Development Association of Burma, or any 
                successor entity to any of the foregoing; or
                  (ii) 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.
    Sec. 2. Except to the extent provided in section 203(b) of 
IEEPA (50 U.S.C. 1702(b)), the TSRA, 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, the following are prohibited:
    (a) the exportation or reexportation, directly or 
indirectly, to Burma of any financial services either (i) from 
the United States or (ii) by a United States person, wherever 
located; and
    (b) any approval, financing, facilitation, or guarantee by 
a United States person, wherever located, of a transaction by a 
foreign person where the transaction by that foreign person 
would be prohibited by this order if performed by a United 
States person or within the United States;
    Sec. 3. Beginning 30 days after the effective date of this 
order, and except to the extent provided in section 8 of this 
order and 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 
30 days after the effective date of this order, the importation 
into the United States of any article that is a product of 
Burma is hereby prohibited.
    Sec. 4. (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. 5. 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 ``Government of Burma'' means the Government 
of Burma (sometimes referred to as Myanmar), its agencies 
instrumentalities and controlled entities, and the Central Bank 
of Burma.
    Sec. 6. 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 or to persons whose property and interests in 
property are blocked pursuant to section 1 of this order would 
seriously impair my ability to deal with the national emergency 
declared in Executive Order 13047, and hereby prohibit such 
donations as provided by section 1 of this order.
    Sec. 7. 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 seriously 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 13047, there need be no prior 
notice of a listing or determination made pursuant to this 
order.
    Sec. 8. Determining that such a waiver is in the national 
interest of the United States, I hereby waive the prohibitions 
described in section 3 of the Burmese Freedom and Democracy Act 
of 2003 with respect to any and all articles that are a product 
of Burma to the extent that prohibiting the importation of such 
articles would conflict with the international obligations of 
the United States under the Vienna Convention on Diplomatic 
Relations, the Vienna Convention on Consular Relations, the 
United Nations Headquarters Agreement, and other legal 
instruments providing equivalent privileges and immunities.
    Sec. 9. 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 to the President by IEEPA and sections 
3(a) and 4 of the Burmese Freedom and Democracy Act of 2003, 
other than the authority to make the determinations and 
certification to the Congress that Burma has met the conditions 
described in 3(a)(3) of the Act, as may be necessary to carry 
out the purpose 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. The Secretary of State is authorized to 
exercise the functions and authorities conferred upon the 
President by section 3(b) of the Burmese Freedom and Democracy 
Act of 2003 and to redelegate these functions and authorities 
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.
    Sec. 10. The Secretary of the Treasury, in consultation 
with the Secretary of State, is authorized to determine, 
subsequent to the issuance of this order, that circumstances no 
longer warrant 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. 11. 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. 12. Sections 1 through 7 of Executive Order 13047 are 
hereby revoked to the extent they are inconsistent with this 
order. All delegations, rules, regulations, orders, licenses, 
and other forms of administrative action made, issued, or 
otherwise taken under Executive Order 13047, not inconsistent 
with section 3 of this order and not revoked administratively, 
shall remain in full force and effect under this order until 
amended, modified, or terminated by proper authority. The 
revocation of any provision of Executive Order 13047 pursuant 
to this section shall not affect any violation of any rules, 
regulations, orders, licenses, or other forms of administrative 
action under that order during the period that such provision 
of that order was in effect.
    Sec. 13. All provisions of this order other than section 3 
shall not apply to any activity, or any transaction incident to 
an activity, undertaken pursuant to an agreement, or pursuant 
to the exercise of rights under such an agreement, that was 
entered into by a United States person with the Government of 
Burma or a nongovernmental entity in Burma prior to 12:01 a.m. 
eastern daylight time on May 21, 1997.
    Sec. 14. 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. 15. This order is effective on 12:01 a.m. eastern 
daylight time on July 29, 2003.
    Sec. 16. This order shall be transmitted to the Congress 
and published in the Federal Register.

                                                    George W. Bush.
    The White House, July 28, 2003.

                                 ANNEX

The State Peace and Development Council of Burma
Myanma Foreign Trade Bank (a.k.a. Myanmar Foreign Trade Bank)
Myanma Investment and Commercial Bank (a.k.a. MICB; a.k.a. 
        Myanmar Investment and Commercial Bank)
Myanma Economic Bank (a.k.a. Myanmar Economic Bank)
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