Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters, 38567-38570 [05-13214]

Download as PDF 38567 Presidential Documents Federal Register Vol. 70, No. 126 Friday, July 1, 2005 Title 3— Executive Order 13382 of June 28, 2005 The President Blocking Property of Weapons Proliferators and Their Supporters of Mass Destruction 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come within the possession or control of United States persons, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; (ii) any foreign person determined by the Secretary of State, in consultation with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 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 VerDate jul<14>2003 19:00 Jun 30, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0 38568 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Presidential Documents 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 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 VerDate jul<14>2003 19:00 Jun 30, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Presidential Documents 38569 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. W THE WHITE HOUSE, June 28, 2005. Billing code 3195–01–P VerDate jul<14>2003 19:00 Jun 30, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0 38570 Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Presidential Documents ANNEX Korea Mining Development Trading Corporation Tanchon Commercial Bank Korea Ryonbong General Corporation Aerospace Industries Organization Shahid Hemmat Industrial Group Shahid Bakeri Industrial Group Atomic Energy Organization of Iran Scientific Studies and Research Center [FR Doc. 05–13214 Filed 6–30–05; 9:31 am] Billing code 4810–25–P VerDate jul<14>2003 19:00 Jun 30, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\01JYE0.SGM 01JYE0

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[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Presidential Documents]
[Pages 38567-38570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13214]



[[Page 38565]]

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Part V





The President





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Executive Order 13382--Blocking Property of Weapons of Mass Destruction 
Proliferators and Their Supporters


                        Presidential Documents 



Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 38567]]

                Executive Order 13382 of June 28, 2005

                
Blocking Property of Weapons of Mass Destruction 
                Proliferators and Their Supporters

                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 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

[[Page 38568]]

                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 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

[[Page 38569]]

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    June 28, 2005.

Billing code 3195-01-P



[[Page 38570]]

                ANNEX

                Korea Mining Development Trading Corporation

                Tanchon Commercial Bank

                Korea Ryonbong General Corporation

                Aerospace Industries Organization

                Shahid Hemmat Industrial Group

                Shahid Bakeri Industrial Group

                Atomic Energy Organization of Iran

                Scientific Studies and Research Center

                [FR Doc. 05-13214 Filed 6-30-05; 9:31 am]

Billing code 4810-25-Pi