[House Document 112-123]
[From the U.S. Government Publishing Office]
112th Congress, 2d Session - - - - - - - - - - - - House Document 112-123
BLOCKING PROPERTY OF PERSONS THREATENING THE PEACE, SECURITY, OR
STABILITY OF BURMA
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF EXECUTIVE ORDER ISSUED WITH RESPECT TO THE NATIONAL
EMERGENCY DECLARED WITH RESPECT TO THE GOVERNMENT OF BURMA
July 11, 2012.--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 modifies the
scope of the national emergency declared in Executive Order
13047 of May 20, 1997, as modified in scope in Executive Order
13448 of October 18, 2007, and relied upon for additional steps
taken in Executive Order 13310 of July 28, 2003, Executive
Order 13448 of October 18, 2007, and Executive Order 13464 of
April 30, 2008, and takes additional steps with respect to that
national emergency.
In Executive Order 13047, the President found that the
Government of Burma committed large-scale repression of the
democratic opposition in Burma after September 30, 1996, and
further determined that the actions and policies of the
Government of Burma constitute an unusual and extraordinary
threat to the national security and foreign policy of the
United States. To address that threat and to implement section
570 of the Foreign Operations, Export Financing, and Related
Appropriations Act, 1997 (Public Law 104-208), the President in
Executive Order 13047 prohibited new investment in Burma. On
July 28, 2003, the President issued Executive Order 13310,
which contained prohibitions implementing certain provisions of
the Burmese Freedom and Democracy Act of 2003 (Public Law 108-
61) and blocked the property and interests in property of
persons listed in the Annex to Executive Order 13310 or
determined by the Secretary of the Treasury, in consultation
with the Secretary of State, to meet designation criteria
specified in Executive Order 13310. In Executive Order 13448,
the President expanded the scope of the national emergency
declared in Executive Order 13047, incorporated existing
designation criteria set forth in Executive Order 13310,
blocked the property and interests in property of persons
listed in the Annex to Executive Order 13448, and provided
additional criteria for designations of other persons. In
Executive Order 13464, the President blocked the property and
interests in property of persons listed in the Annex to
Executive Order 13464 and provided additional criteria for
designations of other persons.
While the Government of Burma has made progress towards
political reform in a number of areas, including by releasing
hundreds of political prisoners, pursuing ceasefire talks with
several armed ethnic groups, and pursuing a substantive
dialogue with the democratic opposition, this reform is
fragile. I support this reform in Burma and the building of a
democratic political process that will allow all of the people
of Burma to be represented. However, I have found that the
continued detention of political prisoners, efforts to
undermine or obstruct the political reform process, efforts to
undermine or obstruct the peace process with ethnic minorities,
military trade with North Korea, and human rights abuses in
Burma particularly in ethnic areas, effectuated by persons
within and outside the Government of Burma, constitute an
unusual and extraordinary threat to the national security and
foreign policy of the United States. To address this situation,
the order imposes additional measures with respect to Burma.
The order provides criteria for designations of persons
determined by the Secretary of the Treasury, in consultation
with or at the recommendation of the Secretary of State:
to have engaged in acts that directly or
indirectly threaten the peace, security, or stability
of Burma, such as actions that have the purpose or
effect of undermining or obstructing the political
reform process or the peace process with ethnic
minorities in Burma;
to be responsible for or complicit in, or
responsible for ordering, controlling, or otherwise
directing, or to have participated in, the commission
of human rights abuses in Burma;
to have, directly or indirectly, imported,
exported, reexported, sold or supplied arms or related
materiel from North Korea or the Government of North
Korea to Burma or the Government of Burma;
to be a senior official of an entity that
has engaged in the acts described above;
to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the acts
described above or any person whose property and
interests in property are blocked pursuant to 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 the order.
I have delegated to the Secretary of the Treasury the
authority, in 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 as may be necessary to carry out the purposes of the
order.
All agencies of the United States Government are directed
to take all appropriate measures within their authority to
carry out the provisions of the order.
I am enclosing a copy of the Executive Order I have issued.
Barack Obama.
The White House, July 11, 2012.
Executive Order
----------
Blocking Property of Persons Threatening the Peace, Security, or
Stability of 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.), section 212(f) of the Immigration and
Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and
section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America,
hereby modify the scope of the national emergency declared in
Executive Order 13047 of May 20, 1997, as modified in scope in
Executive Order 13448 of October 18, 2007, and relied upon for
additional steps taken in Executive Order 13310 of July 28,
2003, Executive Order 13448 of October 18, 2007, and Executive
Order 13464 of April 30, 2008. The Government of Burma has made
progress towards political reform in a number of areas,
including by releasing hundreds of political prisoners,
pursuing ceasefire talks with several armed ethnic groups, and
pursuing a substantive dialogue with the democratic opposition.
Recognizing that such reform is fragile, I hereby find that the
continued detention of political prisoners, efforts to
undermine or obstruct the political reform process, efforts to
undermine or obstruct the peace process with ethnic minorities,
military trade with North Korea, and human rights abuses in
Burma particularly in ethnic areas, effectuated by persons
within or outside the Government of Burma, constitute an
unusual and extraordinary threat to the national security and
foreign policy of the United States. Accordingly, I hereby
order:
Section 1. (a) All property and interests in property 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 any United States person, including any foreign
branch, of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
any person determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of
State:
(i) to have engaged in acts that directly or indirectly
threaten the peace, security, or stability of Burma, such as
actions that have the purpose or effect of undermining or
obstructing the political reform process or the peace process
with ethnic minorities in Burma;
(ii) to be responsible for or complicit in, or responsible
for ordering, controlling, or otherwise directing, or to have
participated in, the commission of human rights abuses in
Burma;
(iii) to have, directly or indirectly, imported, exported,
reexported, sold or supplied arms or related materiel from
North Korea or the Government of North Korea to Burma or the
Government of Burma;
(iv) to be a senior official of an entity that has engaged
in the acts described in subsection (a)(i)-(iii) of this
section;
(v) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to or in support of, the acts described in subsection
(a)(i)-(iii) of this section or any person whose property and
interests in property are blocked pursuant to this order; or
(vi) 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 this order.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or 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.
Sec. 2. I hereby amend: (a) Executive Order 13464 of April
30, 2008, by removing ``logistical, or technical'' in section
1(b)(ii) and replacing it with ``or technological''; and
(b) Executive Order 13448 of October 18, 2007, by removing
``logistical, or technical'' in section 1(b)(iv) and replacing
it with ``or technological.''
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 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, as modified in scope in Executive Order 13448 and in
this order, and I hereby prohibit such donations as provided by
section 1 of this order.
Sec. 4. The prohibitions in section 1 of this order include
but are not limited to: (a) the making of any contribution or
provision of funds, goods, or services by, to, or for the
benefit of any person whose property and interests in property
are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 5. I hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of aliens determined
to meet one or more of the criteria in subsection 1(a) of this
order would be detrimental to the interests of the United
States, and I hereby suspend entry into the United States, as
immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of
Proclamation 8693 of July 24, 2011 (Suspension of Entry of
Aliens Subject to United Nations Security Council Travel Bans
and International Emergency Economic Powers Act Sanctions).
Sec. 6. Nothing in section 1 of this order, section 1 of
Executive Order 13464 of April 30, 2008, section 1 of Executive
Order 13448 of October 18, 2007, sections 1 through 3 of
Executive Order 13310 of July 28, 2003, or sections 1 and 2 of
Executive Order 13047 shall prohibit transactions for the
conduct of the official business of the United States
Government by employees, grantees, or contractors thereof,
except to the extent that engaging in such transactions would
require the issuance of a statutory waiver and such a waiver is
not issued.
Sec. 7. (a) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of, 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. 8. For the 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; and
(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.
Sec. 9. 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 those measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
Executive Order 13047, as modified in scope in Executive Order
13448 and in this order, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
Sec. 10. 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 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. 11. 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, or entities, its officers,
employees, or agents, or any other person.
Barack Obama.
The White House, July 11, 2012.