[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Presidential Documents]
[Pages 26751-26754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11058]



[[Page 26749]]

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Part III





The President





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Executive Order 13338--Blocking Property of Certain Persons and 
Prohibiting the Export of Certain Goods to Syria
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  Federal Register / Vol. 69, No. 93 / Thursday, May 13, 2004 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 26751]]

                Executive Order 13338 of May 11, 2004

                
Blocking Property of Certain Persons and 
                Prohibiting the Export of Certain Goods to Syria

                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.) 
                (NEA), the Syria Accountability and Lebanese 
                Sovereignty Restoration Act of 2003, Public Law 108-175 
                (SAA), and section 301 of title 3, United States Code,

                I, GEORGE W. BUSH, President of the United States of 
                America, hereby determine that the actions of the 
                Government of Syria in supporting terrorism, continuing 
                its occupation of Lebanon, pursuing weapons of mass 
                destruction and missile programs, and undermining 
                United States and international efforts with respect to 
                the stabilization and reconstruction of Iraq constitute 
                an unusual and extraordinary threat to the national 
                security, foreign policy, and economy of the United 
                States and hereby declare a national emergency to deal 
                with that threat. To address that threat, and to 
                implement the SAA, I hereby order the following:

                Section 1. (a) The Secretary of State shall not permit 
                the exportation or reexportation to Syria of any item 
                on the United States Munitions List (22 C.F.R. part 
                121).

                    (b) Except to the extent provided in regulations, 
                orders, directives, or licenses that may be issued 
                pursuant to the provisions of this order in a manner 
                consistent with the SAA, and notwithstanding any 
                license, permit, or authorization granted prior to the 
                effective date of this order, (i) the Secretary of 
                Commerce shall not permit the exportation or 
                reexportation to Syria of any item on the Commerce 
                Control List (15 C.F.R. part 774); and (ii) with the 
                exception of food and medicine, the Secretary of 
                Commerce shall not permit the exportation or 
                reexportation to Syria of any product of the United 
                States not included in section 1(b)(i) of this order.
                    (c) No other agency of the United States Government 
                shall permit the exportation or reexportation to Syria 
                of any product of the United States, except to the 
                extent provided in regulations, orders, directives, or 
                licenses that may be issued pursuant to this order in a 
                manner consistent with the SAA, and notwithstanding any 
                license, permit, or authorization granted prior to the 
                effective date of this order.

                Sec. 2. The Secretary of Transportation shall not 
                permit any air carrier owned or controlled by Syria to 
                provide foreign air transportation as defined in 49 
                U.S.C. 40102(a)(23), except that he may, to the extent 
                consistent with Department of Transportation 
                regulations, permit such carriers to charter aircraft 
                to the Government of Syria for the transport of Syrian 
                government officials to and from the United States on 
                official Syrian government business. In addition, the 
                Secretary of Transportation shall prohibit all takeoffs 
                and landings in the United States, other than those 
                associated with an emergency, by any such air carrier 
                when engaged in scheduled international air services.

                Sec. 3. (a) Except to the extent provided in section 
                203(b)(1), (3), and (4) of the IEEPA (50 U.S.C. 
                1702(b)(1), (3), and (4)), and the Trade Sanctions 
                Reform and Export Enhancement Act of 2000 (title IX, 
                Public Law 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,

[[Page 26752]]

                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: persons who are determined by 
                the Secretary of the Treasury, in consultation with the 
                Secretary of State,

(i)

 to be or to have been directing or otherwise significantly contributing to 
the Government of Syria's provision of safe haven to or other support for 
any person whose property or interests in property are blocked under United 
States law for terrorism-related reasons, including, but not limited to, 
Hamas, Hizballah, Palestinian Islamic Jihad, the Popular Front for the 
Liberation of Palestine, the Popular Front for the Liberation of Palestine-
General Command, and any persons designated pursuant to Executive Order 
13224 of September 23, 2001;

(ii)

 to be or to have been directing or otherwise significantly contributing to 
the Government of Syria's military or security presence in Lebanon;

(iii)

 to be or to have been directing or otherwise significantly contributing to 
the Government of Syria's pursuit of the development and production of 
chemical, biological, or nuclear weapons and medium- and long-range 
surface-to-surface missiles;

(iv)

 to be or to have been directing or otherwise significantly contributing to 
any steps taken by the Government of Syria to undermine United States and 
international efforts with respect to the stabilization and reconstruction 
of Iraq; or

(v)

 to be owned or controlled by, or acting or purporting to act for or on 
behalf of, directly or indirectly, any person whose property or interests 
in property are blocked pursuant to this order.

                    (b) The prohibitions in paragraph (a) of this 
                section include, but are not limited to, (i) the making 
                of any contribution of funds, goods, or services by, 
                to, or for the benefit of any person whose property or 
                interests in property are blocked pursuant to this 
                order; and (ii) the receipt of any contribution or 
                provision of funds, goods, or services from any such 
                person.

                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 the 
                prohibitions set forth in this order is prohibited.

                Sec. 5. I hereby determine that the making of donations 
                of the type of articles specified in section 203(b)(2) 
                of the IEEPA (50 U.S.C. 1702(b)(2)) would seriously 
                impair the ability to deal with the national emergency 
                declared in this order, and hereby prohibit, (i) the 
                exportation or reexportation of such donated articles 
                to Syria as provided in section 1(b) of this order; and 
                (ii) the making of such donations by, to, or for the 
                benefit of any person whose property and interests in 
                property are blocked pursuant to section 3 of this 
                order.

                Sec. 6. 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;
                    (d) the term ``Government of Syria'' means the 
                Government of the Syrian Arab Republic, its agencies, 
                instrumentalities, and controlled entities; and

[[Page 26753]]

                    (e) the term ``product of the United States'' 
                means: for the purposes of subsection 1(b), any item 
                subject to the Export Administration Regulations (15 
                C.F.R. parts 730-774); and for the purposes of 
                subsection 1(c), any item subject to the export 
                licensing jurisdiction of any other United States 
                Government agency.

                Sec. 7. With respect to the prohibitions contained in 
                section 1 of this order, consistent with subsection 
                5(b) of the SAA, I hereby determine that it is in the 
                national security interest of the United States to 
                waive, and hereby waive application of subsection 
                5(a)(1) and subsection 5(a)(2)(A) of the SAA so as to 
                permit the exportation or reexportation of certain 
                items as specified in the Department of Commerce's 
                General Order No. 2 to Supplement No. 1, 15 C.F.R. part 
                736, as issued consistent with this order and as may be 
                amended pursuant to the provisions of this order and in 
                a manner consistent with the SAA. This waiver is made 
                pursuant to the SAA only to the extent that regulation 
                of such exports or reexports would not otherwise fall 
                within my constitutional authority to conduct the 
                Nation's foreign affairs and protect national security.

                Sec. 8. With respect to the prohibitions contained in 
                section 2 of this order, consistent with subsection 
                5(b) of the SAA, I hereby determine that it is in the 
                national security interest of the United States to 
                waive, and hereby waive, application of subsection 
                5(a)(2)(D) of the SAA insofar as it pertains to: 
                aircraft of any air carrier owned or controlled by 
                Syria chartered by the Syrian government for the 
                transport of Syrian government officials to and from 
                the United States on official Syrian government 
                business, to the extent consistent with Department of 
                Transportation regulations; takeoffs or landings for 
                non-traffic stops of aircraft of any such air carrier 
                that is not engaged in scheduled international air 
                services; takeoffs and landings associated with an 
                emergency; and overflights of United States territory.

                Sec. 9. I hereby direct the Secretary of State to take 
                such actions, including the promulgation of rules and 
                regulations, as may be necessary to carry out 
                subsection 1(a) of this order. I hereby direct the 
                Secretary of Commerce, in consultation with the 
                Secretary of State, to take such actions, including the 
                promulgation of rules and regulations, as may be 
                necessary to carry out subsection 1(b) of this order. I 
                direct the Secretary of Transportation, in consultation 
                with the Secretary of State, to take such actions, 
                including the promulgation of rules and regulations, as 
                may be necessary to carry out section 2 of this order. 
                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 the IEEPA as may be necessary to carry out 
                sections 3, 4, and 5 of this order. The Secretaries of 
                State, Commerce, Transportation, and 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, in 
                consultation with the Secretaries of Commerce, 
                Transportation, and the Treasury, as appropriate, is 
                authorized to exercise the functions and authorities 
                conferred upon the President in subsection 5(b) of the 
                SAA 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 and, where 
                appropriate, to advise the Secretaries of State, 
                Commerce, Transportation, and the Treasury in a timely 
                manner of the measures taken.

                Sec. 10. This order is not intended to create, 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. 11. For those persons whose property or interests 
                in property are blocked pursuant to section 3 of this 
                order who might have a constitutional presence in the 
                United States, I find that because of the ability to 
                transfer funds or assets instantaneously, prior notice 
                to such persons of measures

[[Page 26754]]

                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 this order, there need 
                be no prior notice of a listing or determination made 
                pursuant to this order.

                Sec. 12. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is authorized to submit 
                the recurring and final reports to the Congress on the 
                national emergency declared in this order, consistent 
                with section 401(c) of the NEA, 50 U.S.C. 1641(c), and 
                section 204(c) of the IEEPA, 50 U.S.C. 1703(c).

                Sec. 13. (a) This order is effective at 12:01 eastern 
                daylight time on May 12, 2004.

                    (b) This order shall be transmitted to the Congress 
                and published in the Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    May 11, 2004.

[FR Doc. 04-11058
Filed 5-12-04; 9:07 am]
BILLING CODE 3195-01-P