[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

                              ----------                              


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.

                                  
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