[House Document 110-107]
[From the U.S. Government Publishing Office]
110th Congress, 2d Session - - - - - - - - - House Document 110-107
EXPANSION OF THE NATIONAL EMERGENCY WITH RESPECT TO BURMA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF THE EXPANSION OF THE SCOPE OF THE NATIONAL EMERGENCY
DECLARED WITH RESPECT TO BURMA DECLARED IN EXECUTIVE ORDER 13047 OF MAY
20, 1997, AND EXPANDED IN EXECUTIVE ORDER 13448 OF OCTOBER 18, 2007,
PURSUANT TO 50 U.S.C. 1622(d)
May 1, 2008.--Message and accompanying papers referred to the Committee
on Foreign Affairs and ordered to be printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have
issued an Executive Order (the ``order'') that takes additional
steps with respect to the national emergency declared in
Executive Order 13047 of May 20, 1997, and expanded in
Executive Order 13448 of October 18, 2007.
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. On July 28, 2003, those sanctions were expanded
by steps taken in Executive Order 13310, which contained
prohibitions implementing sections 3 and 4 of the Burmese
Freedom and Democracy Act of 2003 (Public Law 108-61) (the
``Act'') and supplemented that Act with additional
restrictions. On October 18, 2007, I determined that the
Government of Burma's continued repression of the democratic
opposition in Burma, manifested at the time in the violent
response to peaceful demonstrations, the commission of human
rights abuses related to political repression, and engagement
in public corruption, including by diverting or misusing
Burmese public assets or by misusing public authority,
warranted an expansion of the then-existing sanctions.
Executive Order 13448, issued on that date, incorporated
existing designation criteria set forth in Executive Order
13310, blocked the property and interests in property of
persons listed in the Annex to that Executive Order, and
provided additional criteria for designations of certain other
persons.
The order supplements the existing designation criteria set
forth in Executive Order 13310, as incorporated in and expanded
by Executive Order 13448. The order blocks the property and
interests in property in the United States of persons listed in
the Annex to the order and provides additional criteria for
designations of persons determined by the Secretary of the
Treasury, after consultation with the Secretary of State, to be
owned or controlled by, directly or indirectly, the Government
of Burma or an official or officials of the Government of
Burma; to have materially assisted, sponsored, or provided
financial, material, logistical, or technical support for, or
goods or services in support of, the Government of Burma, the
State Peace and Development Council of Burma, the Union
Solidarity and Development Association of Burma, any successor
entity to any of the foregoing, any senior official of any of
the foregoing, or any person whose property and interests in
property are blocked pursuant to Executive Order 13310,
Executive Order 13448, or the order; or to be owned or
controlled by, or to have acted or purported to act for or on
behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to Executive
Order 13310, Executive Order 13448, or the order.
The order leaves in place the existing prohibitions on new
investment, the exportation or reexportation to Burma of
financial services, and the importation of any article that is
a product of Burma, which were put into effect in Executive
Order 13047 and Executive Order 13310.
The order authorizes the Secretary of the Treasury, after
consultation with the Secretary of State, to take such actions,
including the promulgation of rules and regulations, and to
employ all powers granted to the President by IEEPA and section
4 of the Burmese Freedom and Democracy Act of 2003 as may be
necessary to carry out the purposes of the order.
I am enclosing a copy of the Executive Order I have issued.
George W. Bush.
The White House, April 30, 2008.
Executive Order
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Blocking Property and Prohibiting Certain Transactions Related to Burma
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.), the Burmese Freedom and Democracy Act of
2003 (Public Law 108-61, as amended, 50 U.S.C. 1701 note), 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, relied upon for additional steps
taken in Executive Order 13310 of July 28, 2003, and expanded
in Executive Order 13448 of October 18, 2007,
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), 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, after consultation with the Secretary of
State:
(i) to be owned or controlled by, directly or
indirectly, the Government of Burma or an
official or officials of the Government of
Burma;
(ii) to have materially assisted, sponsored,
or provided financial, material, logistical, or
technical support for, or goods or services in
support of, the Government of Burma, the State
Peace and Development Council of Burma, the
Union Solidarity and Development Association of
Burma, any successor entity to any of the
foregoing, any senior official of any of the
foregoing, or any person whose property and
interests in property are blocked pursuant to
Executive Order 13310, Executive Order 13448,
or this order; or
(iii) to be owned or controlled by, or to
have acted or purported to act for or on behalf
of, directly or indirectly, any person whose
property and interests in property are blocked
pursuant to Executive Order 13310, Executive
Order 13448, or this order.
Sec. 2. (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. 3. 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. 4. 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, to, or for the benefit of, 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, relied upon for additional steps taken in Executive
Order 13310, and expanded in Executive Order 13448, and hereby
prohibit such donations as provided by section 1 of this order.
Sec. 5. For those persons whose property and interests in
property are blocked pursuant to 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
Executive Order 13047, relied upon for additional steps taken
in Executive Order 13310, and expanded in Executive Order
13448, 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, after 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
section 4 of the Burmese Freedom and Democracy Act of 2003 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.
Sec. 7. The Secretary of the Treasury, after consultation
with the Secretary of State, is hereby authorized to determine,
and to take necessary action to give effect to that
determination, that circumstances no longer warrant the
blocking of the property and interests in property of, or the
prohibiting of transactions with, a person listed in the Annex
to 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. 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 May 1, 2008.
George W. Bush.
The White House, April 30, 2008.
ANNEX
1. Myanmar Gem Enterprise (a.k.a. Myanma Gem Enterprise; MGE);
Yangon, Burma
2. Myanmar Timber Enterprise (a.k.a Myanma Timber Enterprise;
MTE); Yangon, Burma
3. Myanmar Pearl Enterprise (a.k.a. Myanma Pearl Enterprise;
MPE); Naypyitaw, Burma
Note: The bracketed identifying information with respect to
each individual and entity listed in this Annex reflects
information currently available and is provided solely to
facilitate compliance with this order. Each individual listed
in this Annex remains subject to the prohibitions of this order
notwithstanding any change in title, position, or affiliation.