[Weekly Compilation of Presidential Documents Volume 39, Number 31 (Monday, August 4, 2003)]
[Pages 991-993]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13310--Blocking Property of the Government of Burma and
Prohibiting Certain Transactions
July 28, 2003
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, 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, 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withdrawn, or otherwise dealt in: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, directives, or licenses
[[Page 992]]
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.
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
[[Page 993]]
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.
George W. Bush
The White House,
July 28, 2003.
[Filed with the Office of the Federal Register, 8:57 a.m., July 29,
2003]
Note: This Executive order and its attached annex were published in the
Federal Register on July 30.