[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Presidential Documents]
[Pages 44853-44856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19573]


 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / 
Presidential Documents  

[[Page 44853]]


                Executive Order 13310 of July 28, 2003

                
Blocking Property of the Government of Burma 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 (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, PublicLaw 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                exported, withdrawn, or otherwise dealt in: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,

[[Page 44854]]

                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 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, 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 granted 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 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. 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.

[[Page 44855]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     July 28, 2003.

Billing code 3195-01-P


[[Page 44856]]


                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)

[FR Doc. 03-19573 Filed 7-29-03; 8:57 am]
Billing code 3110-01-M