    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [July 28, 2003]
    [Pages 945-946]
    [From the U.S. Government Publishing Office www.gpo.gov]

    [[Page 945]]

    Letter to Congressional Leaders Reporting on the Burmese Freedom and
    Democracy Act of 2003 and the Accompanying Executive Order
    July 28, 2003

    Dear Mr. Speaker:  (Dear Mr. President:)
        Consistent with section 204(b) of the International Emergency
    Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA) and section 301 of the
    National Emergencies Act, 50 U.S.C. 1631, I hereby report that I have
    issued an Executive Order (the ``Order'') that expands the sanctions
    against Burma currently in place pursuant to the national emergency with
    respect to Burma declared in Executive Order 13047 of May 20, 1997.
    Further, I hereby provide the notification to the Congress required by
    section 3(b) of the Burmese Freedom and Democracy Act of 2003 (the
    ``Act'') regarding my exercise of the waiver authorities provided in
    that section.
        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. Since that
    time, the Government of Burma has rejected our efforts and the efforts
    of others in the international community to end its repressive
    activities. In May of this year, that rejection manifested itself in a
    brutal and organized attack on the motorcade of Aung San Suu Kyi, a Nobel Peace Prize winner and leader of the
    peaceful democratic opposition party in Burma, the National League for
    Democracy. The Government of Burma has continued to ignore our requests
    for her to be released from confinement, for the other National League
    for Democracy leaders who were jailed before and after the attack to be
    released, and for the offices of the National League for Democracy to be
    allowed to reopen.
        I have now determined that this continued and increasing repression
    by the Government of Burma warrants an expansion of the sanctions
    against that government. I applaud the Congress' efforts to address the
    Government of Burma's action. The prohibitions contained in my Order
    implement sections 3 and 4 of the Burmese Freedom and Democracy Act of
    2003 and supplement that Act with additional restrictions.
        The Order blocks all property and interests in property of the State
    Peace and Development Council of Burma, the Myanma Foreign Trade Bank,
    the Myanma Investment and Commercial Bank (MICB), and the Myanma
    Economic Bank as well as all property and interests in property of
    persons determined by the Secretary of the Treasury, in consultation
    with the Secretary of State, to be senior officials 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 to be owned or controlled by, or acting or
    purporting to act for or on behalf of, directly or indirectly, any of
    the foregoing. The Order also prohibits the exportation or re-
    exportation of financial services to Burma either from the United States
    or by any United States person and, 30 days from the effective date of
    the Order, the importation into the United States of any article that is
    a product of Burma.
        The Department of the Treasury, in consultation with the Department
    of State, will implement a remittance program authorizing limited
    personal transfers of funds and will authorize most transactions
    relating to humanitarian, educational, and official United States
    Government activities. Additionally, the Order grandfathers any
    activity, or trans-actions incident to any activity, other than the
    import of any products of Burma, undertaken pursuant to any agreement
    that was entered into by a United States person with the Government of

    [[Page 946]]

    Burma or a nongovernmental entity in Burma prior to May 21, 1997, the
    effective date of Executive Order 13047.
        I have determined that the waiver of the prohibitions described in
    section 3 of the Burmese Freedom and Democracy Act of 2003 with respect
    to any or all articles that are a product of Burma is in the national
    interest of the United States 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. In addition, in the
    exercise of my constitutional authorities under Article II of the
    Constitution to conduct the foreign relations of the United States, I
    will construe the Act in a manner that will in no way impair the
    existing ability of United States diplomatic and consular officials to
    import articles that are a product of Burma that are necessary to the
    performance of their functions as United States Government officials in
    Burma.
        The Secretary of the Treasury, in consultation with the Secretary of
    State, is authorized to issue regulations in the exercise of authorities
    under the International Emergency Economic Powers Act 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 section 3(a)(3), to
    implement the measures provided in the Order. The Secretary of State is
    also authorized to exercise the functions and authorities conferred upon
    the President by section 3(b) of the Burmese Freedom and Democracy Act
    of 2003. All Federal agencies are directed to take actions within their
    authority to carry out the provisions of the Order.
        I have enclosed a copy of the Executive Order I have issued. This
    Order becomes effective at 12:01 a.m. eastern daylight time on July 29,
    2003.
             Sincerely,

                                                              George W. Bush

    Note: Identical letters were sent to J. Dennis Hastert, Speaker of the
    House of Representatives, and Richard B. Cheney, President of the
    Senate. H.R. 2330, approved July 28, was assigned Public Law No. 108-61.
    The Executive order of July 28 is listed in Appendix D at the end of
    this volume.