[House Document 109-10]
[From the U.S. Government Publishing Office]




109th Congress, 1st Session - - - - - - - - - - - - - House Document 
109-10
 
    AN EXECUTIVE ORDER CLARIFYING CERTAIN EXECUTIVE ORDERS BLOCKING 
             PROPERTY AND PROHIBITING CERTAIN TRANSACTIONS

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

PURSUANT TO, INTER ALIA, SECTION 203(a) OF THE INTERNATIONAL EMERGENCY 
ECONOMIC POWERS ACT, (50 U.S.C. 1702(a)) (IEEPA) AND SECTION 201(a) OF 
 THE NATIONAL EMERGENCIES ACT (50 U.S.C. 1621(a)) (NEA), AN EXECUTIVE 
    ORDER TO CLARIFY CERTAIN EXECUTIVE ORDERS BLOCKING PROPERTY AND 
                    PROHIBITING CERTAIN TRANSACTIONS




  February 17, 2005.--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, inter alia, section 203(a) of the 
International Emergency Economic Powers Act, (50 U.S.C. 
1702(a)) (IEEPA) and section 201(a) of the National Emergencies 
Act (50 U.S.C. 1621(a)) (NEA), I exercised my statutory 
authority to declare national emergencies in Executive Orders 
13224 of September 23, 2001, as amended, and 12947 of January 
23, 1995, as amended. I have issued a new Executive Order that 
clarifies certain measures taken to address those national 
emergencies. This new Executive Order relates to powers 
conferred to me by section 203(b)(2) of IEEPA and clarifies 
that the Executive Orders at issue prohibit a blocked United 
States person from making humanitarian donations.
    The amendments made to those Executive Orders by the new 
Executive Order take effect as of the date of the new order, 
and specific licenses issued pursuant to the prior Executive 
Orders continue in effect, unless revoked or amended by the 
Secretary of the Treasury. General licenses, regulations, 
orders, and directives issued pursuant to the prior Executive 
Orders continue in effect, except to the extent inconsistent 
with this order or otherwise revoked or modified by the 
Secretary of the Treasury.

                                                    George W. Bush.
    The White House, February 16, 2005.
                            Executive Order

                              ----------                              


    Clarification of Certain Executive Orders Blocking Property and 
                    Prohibiting Certain Transactions

    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), 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,
    I, GEORGE W. BUSH, President of the United States of 
America, in order to clarify the steps taken in Executive Order 
12947 of January 23, 1995, as amended by Executive Order 13099 
of August 20, 1998; and Executive Order 13224 of September 23, 
2001, as amended by Executive Order 13268 of July 2, 2002, and 
Executive Order 13284 of January 23, 2003, in particular with 
respect to the implementation of section 203(b)(2) of IEEPA (50 
U.S.C. 1702(b)(2)), hereby order:
    Section 1. Section 4 of Executive Order 13224 is hereby 
amended to read as follows:
    ``Sec. 4. 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 
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 I 
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. 2. Section 3 of Executive Order 12947 is hereby 
amended to read as follows:
    ``Sec. 3. 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 section 1 of this order would seriously impair my 
ability to deal with the national emergency declared in this 
order, and I hereby prohibit such donations as provided by 
section 1.''
    Sec. 3. (a) 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 
the 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.
    (b) Nothing contained in this order shall relieve a person 
from any requirement to obtain a license or other authorization 
in compliance with applicable laws and regulations.
    (c) Amendments to Executive Orders made by this order shall 
take effect as of the date of this order.
    Sec. 4. 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 a party against the United 
States, its departments, agencies, entities, officers, 
employees, or agents, or any other person.
    Sec. 5. This order shall be transmitted to the Congress and 
published in the Federal Register.
                                                    George W. Bush.
    The White House, February 16, 2005.