[Weekly Compilation of Presidential Documents Volume 45, Number 2 (Monday, January 19, 2009)]
[Pages 74-75]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Limited Waiver of Certain Sanctions Imposed by, and 
Delegation of Certain Authorities Pursuant to, the Tom Lantos Block 
Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008

January 15, 2009

 Presidential Determination No. 2009-11

Memorandum for the Secretary of State and the Secretary of the Treasury

Subject: Limited Waiver of Certain Sanctions Imposed by, and Delegation 
of Certain Authorities Pursuant to, the Tom Lantos Block Burmese JADE 
(Junta's Anti-Democratic Efforts) Act of 2008

    By the authority vested in me as President by the Constitution and 
laws of the United

[[Page 75]]

States, including the Tom Lantos Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2008 (Public Law 110-286) (JADE Act) and 
section 301 of title 3, United States Code, in order to ensure that the 
United States Government's sanctions against the Burmese leadership and 
its supporters continue to be implemented effectively, to allow the 
reconciliation of measures applicable to persons sanctioned under the 
JADE Act with measures applicable to the same persons sanctioned under 
the International Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.), and to allow for the implementation of additional appropriate 
sanctions:
    (1) I hereby waive, pursuant to section 5(i) of the JADE Act, the 
provisions of section 5(b) of the JADE Act with respect to those persons 
described in section 5(a)(1) of the JADE Act who are not included on the 
Department of the Treasury's List of Specially Designated Nationals and 
Blocked Persons. Because the imposition of effective and meaningful 
blocking sanctions requires the identification of those individuals and 
entities targeted for sanction and the authorization of certain limited 
exceptions to the prohibitions and restrictions that would otherwise 
apply, I hereby determine and certify that such a limited waiver is in 
the national interest of the United States.
    (2) I hereby delegate to the Secretary of the Treasury the waiver 
authority set forth in section 5(i) of the JADE Act, including the 
authority to invoke or revoke the waiver with respect to any person or 
persons or any transaction or category of transactions or prohibitions 
by making the necessary determination and certification regarding the 
national interest of the United States set forth in that section. I 
hereby direct the Secretary of the Treasury, after consultation with the 
Secretary of State and with necessary support from the Intelligence 
Community, as defined in section 3(4) of the National Security Act of 
1947, as amended (50 U.S.C. 401a(4)), to continue to target aggressively 
the Burmese regime and its lines of support. I further delegate to the 
Secretary of the Treasury the authority to take such actions as may be 
necessary to carry out the purposes of section 5(b) of the JADE Act. 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 authorities delegated to the Secretary of the 
Treasury under this memorandum shall be exercised after consultation 
with the Secretary of State.
    (3) I authorize the Secretary of State, after consultation with the 
Secretary of the Treasury, to take such actions as may be necessary to 
make the submissions to the appropriate congressional committees 
pursuant to section 5(d) of the JADE Act.
    I hereby authorize and direct the Secretary of the Treasury to 
report this determination to the appropriate congressional committees 
and to publish it in the Federal Register.
                                                George W. Bush
 The White House,
 January 15, 2009.

 [Filed with the Office of the Federal Register, 11:15 a.m., January 16, 
2009]

Note: This Presidential Determination will be published in the Federal 
Register on January 21.