[Weekly Compilation of Presidential Documents Volume 37, Number 39 (Monday, October 1, 2001)]
[Pages 1358-1361]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13224--Blocking Property and Prohibiting Transactions
With Persons Who Commit, Threaten To Commit, or Support Terrorism
September 23, 2001
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 5 of the
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code, and in view of
United Nations Security Council Resolution (UNSCR) 1214 of December 8,
1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of December 19, 2000,
and the multilateral sanctions contained therein, and UNSCR 1363 of July
30, 2001, establishing a mechanism to monitor the implementation of
UNSCR 1333,
I, George W. Bush, President of the United States of America, find
that grave acts of terrorism and threats of terrorism committed by
foreign terrorists, including the terrorist attacks in New York,
Pennsylvania,
[[Page 1359]]
and the Pentagon committed on September 11, 2001, acts recognized and
condemned in UNSCR 1368 of September 12, 2001, and UNSCR 1269 of October
19, 1999, and the continuing and immediate threat of further attacks on
United States nationals or the United States constitute an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, and in furtherance of my proclamation of
September 14, 2001, Declaration of National Emergency by Reason of
Certain Terrorist Attacks, hereby declare a national emergency to deal
with that threat. I also find that because of the pervasiveness and
expansiveness of the financial foundation of foreign terrorists,
financial sanctions may be appropriate for those foreign persons that
support or otherwise associate with these foreign terrorists. I also
find that a need exists for further consultation and cooperation with,
and sharing of information by, United States and foreign financial
institutions as an additional tool to enable the United States to combat
the financing of terrorism.
I hereby order:
Section 1. Except to the extent required by section 203(b) of IEEPA
(50 U.S.C. 1702(b)), or provided 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, all property and interests in property of
the following persons that are in the United States or that hereafter
come within the United States, or that hereafter come within the
possession or control of United States persons are blocked:
(a) foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney
General, to have committed, or to pose a significant risk of committing,
acts of terrorism that threaten the security of U.S. nationals or the
national security, foreign policy, or economy of the United States;
(c) persons determined by the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney General, to be
owned or controlled by, or to act for or on behalf of those persons
listed in the Annex to this order or those persons determined to be
subject to subsection 1(b), 1(c), or 1(d)(i) of this order;
(d) except as provided in section 5 of this order and after such
consultation, if any, with foreign authorities as the Secretary of
State, in consultation with the Secretary of the Treasury and the
Attorney General, deems appropriate in the exercise of his discretion,
persons determined by the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General;
(i) to assist in, sponsor, or provide financial, material, or
technological support for, or financial or other services to or in
support of, such acts of terrorism or those persons listed in the Annex
to this order or determined to be subject to this order; or
(ii) to be otherwise associated with those persons listed in the
Annex to this order or those persons determined to be subject to
subsection 1(b), 1(c), or 1(d)(i) of this order.
Sec. 2. Except to the extent required by section 203(b) of IEEPA (50
U.S.C. 1702(b)), or provided 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:
(a) any transaction or dealing by United States persons or within
the United States in property or interests in property blocked pursuant
to this order is prohibited, including but not limited to the making or
receiving of any contribution of funds, goods, or services to or for the
benefit of those persons listed in the Annex to this order or determined
to be subject to this order;
(b) any transaction by any United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order
is prohibited; and
(c) 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;
[[Page 1360]]
(b) the term ``entity'' means a partnership, association,
corporation, or other organization, group, or subgroup;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person in the
United States; and
(d) the term ``terrorism'' means an activity that--
(i) involves a violent act or an act dangerous to human life,
property, or infrastructure; and
(ii) appears to be intended--
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or
coercion; or
(C) to affect the conduct of a government by mass destruction,
assassination, kidnapping, or hostage-taking.
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 United
States persons to persons determined to be subject to this order would
seriously impair my ability to deal with the national emergency declared
in this order, and would endanger Armed Forces of the United States that
are in a situation where imminent involvement in hostilities is clearly
indicated by the circumstances, and hereby prohibit such donations as
provided by section 1 of this order. Furthermore, I hereby determine
that the Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX, Public Law 106-387) shall not affect the imposition or the
continuation of the imposition of any unilateral agricultural sanction
or unilateral medical sanction on any person determined to be subject to
this order because imminent involvement of the Armed Forces of the
United States in hostilities is clearly indicated by the circumstances.
Sec. 5. With respect to those persons designated pursuant to
subsection 1(d) of this order, the Secretary of the Treasury, in the
exercise of his discretion and in consultation with the Secretary of
State and the Attorney General, may take such other actions than the
complete blocking of property or interests in property as the President
is authorized to take under IEEPA and UNPA if the Secretary of the
Treasury, in consultation with the Secretary of State and the Attorney
General, deems such other actions to be consistent with the national
interests of the United States, considering such factors as he deems
appropriate.
Sec. 6. The Secretary of State, the Secretary of the Treasury, and
other appropriate agencies shall make all relevant efforts to cooperate
and coordinate with other countries, including through technical
assistance, as well as bilateral and multilateral agreements and
arrangements, to achieve the objectives of this order, including the
prevention and suppression of acts of terrorism, the denial of financing
and financial services to terrorists and terrorist organizations, and
the sharing of intelligence about funding activities in support of
terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State and the Attorney General, 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 UNPA 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. 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. 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. Nothing contained in this order is intended to create, nor
does it create, any right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the United States, its
agencies, officers, employees or any other person.
[[Page 1361]]
Sec. 10. For those persons listed in the Annex to this order or
determined to be subject to 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 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. 11. (a) This order is effective at 12:01 a.m. eastern daylight
time on September 24, 2001.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George W. Bush
The White House,
September 23, 2001.
[Filed with the Office of the Federal Register, 1:05 p.m., September
24, 2001]
Note: This Executive order was released by the Office of the Press
Secretary on September 24. This Executive order and the attached annex
were published in the Federal Register on September 25.