[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withdrawn, or otherwise dealt in: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

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            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

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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.