Blocking Property and Prohibiting Certain Transactions Related to Burma, 60223-60226 [07-5270]

Agencies

• Executive Office of the President
• Presidential Documents

[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Presidential Documents]
[Pages 60223-60226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5270]



[[Page 60221]]

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Part VII





The President





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Executive Order 13448--Blocking Property and Prohibiting Certain 
Transactions Related to Burma


                        Presidential Documents 



Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 60223]]

                Executive Order 13448 of October 18, 2007

                
Blocking Property and Prohibiting Certain 
                Transactions Related to Burma

                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 (Public Law 
                108-61, as amended, 50 U.S.C. 1701 note), 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,

                I, GEORGE W. BUSH, President of the United States of 
                America, hereby expand the scope of the national 
                emergency declared in Executive Order 13047 of May 20, 
                1997, and relied upon for additional steps taken in 
                Executive Order 13310 of July 28, 2003, finding that 
                the Government of Burma's continued repression of the 
                democratic opposition in Burma, manifested most 
                recently in the violent response to peaceful 
                demonstrations, the commission of human rights abuses 
                related to political repression, and engagement in 
                public corruption, including by diverting or misusing 
                Burmese public assets or by misusing public authority, 
                constitute an unusual and extraordinary threat to the 
                national security and foreign policy of the United 
                States, and I 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), 
                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, after 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;

(ii) to be responsible for, or to have participated in, human rights abuses 
related to political repression in Burma;

(iii) to be engaged, or to have engaged, in activities facilitating public 
corruption by senior officials of the Government of Burma;

[[Page 60224]]

(iv) to have materially assisted, sponsored, or provided financial, 
material, logistical, or technical support for, or goods or services in 
support of, the Government of Burma, the State Peace and Development 
Council of Burma, the Union Solidarity and Development Association of 
Burma, any successor entity to any of the foregoing, any senior official of 
any of the foregoing, or any person whose property and interests in 
property are blocked pursuant to Executive Order 13310 or section 1(b)(i)-
(v) of this order;

(v) to be owned or controlled by, or to have acted or purported to act for 
or on behalf of, directly or indirectly, any person whose property and 
interests in property are blocked pursuant to Executive Order 13310 or 
section 1(b)(i)-(v) of this order; or

(vi) to be a spouse or dependent child of any person whose property and 
interests in property are blocked pursuant to this order or Executive Order 
13310.

                Sec. 2. (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. 3. 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. 4. 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, to, or for the benefit of, 
                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 relied 
                upon for additional steps taken in Executive Order 
                13310, and expanded in this order, and hereby prohibit 
                such donations as provided by section 1 of this order.

                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 13047, and relied upon for 
                additional steps taken in Executive Order 13310, and 
                expanded in this order, there need be no prior notice 
                of a listing or determination made pursuant to this 
                order.

[[Page 60225]]

                Sec. 6. The Secretary of the Treasury, after 
                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 
                section 4 of the Burmese Freedom and Democracy Act of 
                2003 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.

                Sec. 7. The Secretary of the Treasury, after 
                consultation with the Secretary of State, is authorized 
                to determine, subsequent to the effective date of this 
                order, that circumstances no longer warrant 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. 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. 9. 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. 10. This order is effective at 12:01 a.m. eastern 
                daylight time on October 19, 2007.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 18, 2007.

Billing code 3195-01-P


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[GRAPHIC] [TIFF OMITTED] TD23OC07.025


                [FR Doc. 07-5270
                Filed 10-22-07; 9:14 am]

Billing code 4810-25-C