Blocking Property of Persons Threatening the Peace, Security, or Stability of Burma, 41243-41245 [2012-17264]

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• Executive Office of the President

[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Presidential Documents]
[Pages 41243-41245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17264]




                        Presidential Documents 



Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 41243]]

                Executive Order 13619 of July 11, 2012

                
Blocking Property of Persons Threatening the 
                Peace, Security, or Stability of 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.), 
                section 212(f) of the Immigration and Nationality Act 
                of 1952, as amended (8 U.S.C. 1182(f)), and section 301 
                of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, hereby modify the scope of the national 
                emergency declared in Executive Order 13047 of May 20, 
                1997, as modified in scope in Executive Order 13448 of 
                October 18, 2007, and relied upon for additional steps 
                taken in Executive Order 13310 of July 28, 2003, 
                Executive Order 13448 of October 18, 2007, and 
                Executive Order 13464 of April 30, 2008. The Government 
                of Burma has made progress towards political reform in 
                a number of areas, including by releasing hundreds of 
                political prisoners, pursuing ceasefire talks with 
                several armed ethnic groups, and pursuing a substantive 
                dialogue with the democratic opposition. Recognizing 
                that such reform is fragile, I hereby find that the 
                continued detention of political prisoners, efforts to 
                undermine or obstruct the political reform process, 
                efforts to undermine or obstruct the peace process with 
                ethnic minorities, military trade with North Korea, and 
                human rights abuses in Burma particularly in ethnic 
                areas, effectuated by persons within or outside the 
                Government of Burma, constitute an unusual and 
                extraordinary threat to the national security and 
                foreign policy of the United States. Accordingly, I 
                hereby order:

                Section 1. (a) All property and interests in property 
                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 any United States 
                person, including any foreign branch, of the following 
                persons are blocked and may not be transferred, paid, 
                exported, withdrawn, or otherwise dealt in: any person 
                determined by the Secretary of the Treasury, in 
                consultation with or at the recommendation of the 
                Secretary of State:

(i) to have engaged in acts that directly or indirectly threaten the peace, 
security, or stability of Burma, such as actions that have the purpose or 
effect of undermining or obstructing the political reform process or the 
peace process with ethnic minorities in Burma;

(ii) to be responsible for or complicit in, or responsible for ordering, 
controlling, or otherwise directing, or to have participated in, the 
commission of human rights abuses in Burma;

(iii) to have, directly or indirectly, imported, exported, reexported, sold 
or supplied arms or related materiel from North Korea or the Government of 
North Korea to Burma or the Government of Burma;

(iv) to be a senior official of an entity that has engaged in the acts 
described in subsection (a)(i)-(iii) of this section;

(v) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of, the acts described in subsection (a)(i)-(iii) of this section 
or any person whose property and interests in property are blocked pursuant 
to this order; or

[[Page 41244]]

(vi) 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 this order.

                    (b) The prohibitions in subsection (a) of this 
                section apply except to the extent provided by 
                statutes, 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.

                Sec. 2. I hereby amend: (a) Executive Order 13464 of 
                April 30, 2008, by removing ``logistical, or 
                technical'' in section 1(b)(ii) and replacing it with 
                ``or technological''; and

                    (b) Executive Order 13448 of October 18, 2007, by 
                removing ``logistical, or technical'' in section 
                1(b)(iv) and replacing it with ``or technological.''

                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 section 1 of this 
                order would seriously impair my ability to deal with 
                the national emergency declared in Executive Order 
                13047, as modified in scope in Executive Order 13448 
                and in this order, and I hereby prohibit such donations 
                as provided by section 1 of this order.

                Sec. 4. The prohibitions in section 1 of this order 
                include but are not limited to: (a) 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

                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 5. I hereby find that the unrestricted immigrant 
                and nonimmigrant entry into the United States of aliens 
                determined to meet one or more of the criteria in 
                subsection 1(a) of this order would be detrimental to 
                the interests of the United States, and I hereby 
                suspend entry into the United States, as immigrants or 
                nonimmigrants, of such persons. Such persons shall be 
                treated as persons covered by section 1 of Proclamation 
                8693 of July 24, 2011 (Suspension of Entry of Aliens 
                Subject to United Nations Security Council Travel Bans 
                and International Emergency Economic Powers Act 
                Sanctions).

                Sec. 6. Nothing in section 1 of this order, section 1 
                of Executive Order 13464 of April 30, 2008, section 1 
                of Executive Order 13448 of October 18, 2007, sections 
                1 through 3 of Executive Order 13310 of July 28, 2003, 
                or sections 1 and 2 of Executive Order 13047 shall 
                prohibit transactions for the conduct of the official 
                business of the United States Government by employees, 
                grantees, or contractors thereof, except to the extent 
                that engaging in such transactions would require the 
                issuance of a statutory waiver and such a waiver is not 
                issued.

                Sec. 7. (a) Any transaction that evades or avoids, has 
                the purpose of evading or avoiding, causes a violation 
                of, 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. 8. For the 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. 9. For those persons whose property and interests 
                in property are blocked pursuant to this order who 
                might have a constitutional presence

[[Page 41245]]

                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 those measures ineffectual. I therefore 
                determine that for these measures to be effective in 
                addressing the national emergency declared in Executive 
                Order 13047, as modified in scope in Executive Order 
                13448 and in this order, there need be no prior notice 
                of a listing or determination made pursuant to section 
                1 of this order.

                Sec. 10. 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 hereby directed to take 
                all appropriate measures within their authority to 
                carry out the provisions of this order.

                Sec. 11. 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, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, July 11, 2012.

[FR Doc. 2012-17264
Filed 7-12-12; 8:45 am]
Billing code 3295-F2-P