Burma; Blocking Property and Prohibiting Certain Transactions (EO 13464) , 24489-24493 [08-1215]
Agencies
[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Presidential Documents]
[Page 24489-24493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02my08-155]
[[Page 24489]]
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Part III
The President
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Executive Order 13464--Blocking Property and Prohibiting Certain
Transactions Related to Burma
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 24491]]
Executive Order 13464 of April 30, 2008
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, and with respect to the national
emergency declared in Executive Order 13047 of May 20,
1997, relied upon for additional steps taken in
Executive Order 13310 of July 28, 2003, and expanded in
Executive Order 13448 of October 18, 2007,
I, GEORGE W. BUSH, President of the United States of
America, 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exported, withdrawn, or otherwise dealt in: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 owned or controlled by, directly or
indirectly, the Government of Burma or an official or
officials of the Government of Burma;
(ii) 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, Executive Order 13448, or this order; or
(iii) 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,
Executive Order 13448, or this order.
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.
[[Page 24492]]
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, relied
upon for additional steps taken in Executive Order
13310, and expanded in Executive Order 13448, 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 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, relied upon for additional
steps taken in Executive Order 13310, and expanded in
Executive Order 13448, 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, 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 hereby
authorized to determine, and to take necessary action
to give effect to that determination, that
circumstances no longer warrant the blocking of the
property and interests in property of, or the
prohibiting of transactions with, a person listed in
the Annex to 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.
[[Page 24493]]
Sec. 10. This order is effective at 12:01 a.m. eastern
daylight time on May 1, 2008.
(Presidential Sig.)
THE WHITE HOUSE,
April 30, 2008.
Billing code 3195-01-P
[FR Doc. 08-1215
Filed 5-1-08; 11:16 am]
Billing code 4810-25-C
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