[Weekly Compilation of Presidential Documents Volume 41, Number 26 (Monday, July 4, 2005)]
[Pages 1084-1086]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13382--Blocking Property of Weapons of Mass Destruction
Proliferators and Their Supporters
June 28, 2005
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.), and section 301 of
title 3, United States Code,
I, George W. Bush, President of the United States of America, in
order to take additional steps with respect to the national emergency
described and declared in Executive Order 12938 of November 14, 1994,
regarding the proliferation of weapons of mass destruction and the means
of delivering them, and the measures imposed by that order, as expanded
by Executive Order 13094 of July 28, 1998, hereby order:
Section 1. (a) 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)), or 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, that hereafter come within the United States, or that
are or hereafter come within the possession or control of United States
persons, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary of State, in
consultation with the Secretary of the Treasury, the
Attorney General, and other relevant agencies, to have
engaged, or attempted to engage, in activities or
transactions that have materially contributed to, or pose a
risk of materially contributing to, the proliferation of
weapons of mass destruction or their means of delivery
(including missiles capable of delivering such weapons),
including any efforts to manufacture, acquire, possess,
develop, transport, transfer or use such items, by any
person or foreign country of proliferation concern;
(iii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Attorney
General, and other relevant agencies, to have provided, or
attempted to provide, financial, material, technological or
other support for, or goods or services in support of, any
activity or transaction described in paragraph (a)(ii) of
this section, or any person whose property and interests in
property are blocked pursuant to this order; and
(iv) any person determined by the Secretary of the Treasury, in
consultation
[[Page 1085]]
with the Secretary of State, the Attorney General, and other
relevant agencies, 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.
(b) Any transaction or dealing by a United States person or within
the United States in property or interests in property blocked pursuant
to this order is prohibited, including, but not limited to, (i) the
making of any contribution or provision of funds, goods, or services by,
to, or for the benefit of, any person whose property and 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.
(c) 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.
(d) Any conspiracy formed to violate the prohibitions set forth in
this order is prohibited.
Sec. 2. 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; and
(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.
Sec. 3. I hereby determine that the making of donations of the type
of articles specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of, any person whose property and
interests in property are blocked pursuant to this order would seriously
impair my ability to deal with the national emergency declared in
Executive Order 12938, and I hereby prohibit such donations as provided
by section 1 of this order.
Sec. 4. Section 4(a) of Executive Order 12938, as amended, is
further amended to read as follows:
``Sec. 4. Measures Against Foreign Persons.
(a) Determination by Secretary of State; Imposition of Measures.
Except to the extent provided in section 203(b) of the International
Emergency Economic Powers Act (50 U.S.C. 1702(b)), where applicable, if
the Secretary of State, in consultation with the Secretary of the
Treasury, determines that a foreign person, on or after November 16,
1990, the effective date of Executive Order 12735, the predecessor order
to Executive Order 12938, has engaged, or attempted to engage, in
activities or transactions that have materially contributed to, or pose
a risk of materially contributing to, the proliferation of weapons of
mass destruction or their means of delivery (including missiles capable
of delivering such weapons), including any efforts to manufacture,
acquire, possess, develop, transport, transfer, or use such items, by
any person or foreign country of proliferation concern, the measures set
forth in subsections (b), (c), and (d) of this section shall be imposed
on that foreign person to the extent determined by the Secretary of
State, in consultation with the implementing agency and other relevant
agencies. Nothing in this section is intended to preclude the imposition
on that foreign person of other measures or sanctions available under
this order or under other authorities.''
Sec. 5. 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 12938, as amended, there need be no prior notice of a
listing or determination made pursuant to section 1 of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is
[[Page 1086]]
hereby authorized to take such actions, including the promulgation of
rules and regulations, and to employ all powers granted to the President
by IEEPA 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. 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 Secretary of the Treasury in a timely manner of the measures
taken.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to determine, subsequent to the
issuance of this order, that circumstances no longer warrant the
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. 8. 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. 9. (a) This order is effective at 12:01 a.m. eastern daylight
time on June 29, 2005.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George W. Bush
The White House,
June 28, 2005.
[Filed with the Office of the Federal Register, 9:31 a.m., June 30,
2005]
Note: This Executive order was released by the Office of the Press
Secretary on June 29, and it and its attached annex were published in
the Federal Register on July 1.