Executive Order Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria
(May 11, 2004)
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.) (NEA), the Syria Accountability
and Lebanese Sovereignty Restoration Act of 2003, Public Law 108-175
(SAA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, hereby determine that the actions of the Government of Syria
in supporting terrorism, continuing its occupation of Lebanon, pursuing
weapons of mass destruction and missile programs, and undermining United
States and international efforts with respect to the stabilization and
reconstruction of Iraq constitute an unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States and hereby declare a national emergency to deal with that threat.
To address that threat, and to implement the SAA, I hereby order the
following:
Section 1. (a) The Secretary of State shall not permit
the exportation or reexportation to Syria of any item on the United
States Munitions List (22 C.F.R. part 121).
(b) Except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to the provisions
of this order in a manner consistent with the SAA, and notwithstanding
any license, permit, or authorization granted prior to the effective
date of this order, (i) the Secretary of Commerce shall not permit the
exportation or reexportation to Syria of any item on the Commerce Control
List (15 C.F.R. part 774); and (ii) with the exception of food and medicine,
the Secretary of Commerce shall not permit the exportation or reexportation
to Syria of any product of the United States not included in section
1(b)(i) of this order.
(c) No other agency of the United States Government
shall permit the exportation or reexportation to Syria of any product
of the United States, except to the extent provided in regulations,
orders, directives, or licenses that may be issued pursuant to this
order in a manner consistent with the SAA, and notwithstanding any license,
permit, or authorization granted prior to the effective date of this
order.
Sec. 2. The Secretary of Transportation shall not permit
any air carrier owned or controlled by Syria to provide foreign air
transportation as defined in 49 U.S.C. 40102(a)(23), except that he
may, to the extent consistent with Department of Transportation regulations,
permit such carriers to charter aircraft to the Government of Syria
for the transport of Syrian government officials to and from the United
States on official Syrian government business. In addition, the Secretary
of Transportation shall prohibit all takeoffs and landings in the United
States, other than those associated with an emergency, by any such air
carrier when engaged in scheduled international air services.
Sec. 3. (a) Except to the extent provided in section
203(b)(1), (3), and (4) of the IEEPA (50 U.S.C. 1702(b)(1), (3), and
(4)), and the Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX, Public Law 106387) (TSRA), 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: persons who are determined by the
Secretary of the Treasury, in consultation with the Secretary of State,
(i) to be or to have been directing or otherwise significantly
contributing to the Government of Syria's provision
of safe haven to
or other support for any person whose property or interests
in
property are blocked under United States law for terrorism-related
reasons, including, but not limited to, Hamas, Hizballah,
Palestinian
Islamic Jihad, the Popular Front for the Liberation
of Palestine, the
Popular Front for the Liberation of Palestine-General
Command, and
any persons designated pursuant to Executive Order
13224 of September
23, 2001;
(ii) to be or to have been directing or otherwise significantly
contributing to the Government of Syria's military
or security
presence in Lebanon;
(iii) to be or to have been directing or otherwise
significantly
contributing to the Government of Syria's pursuit of
the development
and production of chemical, biological, or nuclear
weapons and
medium- and long-range surface-to-surface missiles;
(iv) to be or to have been directing or otherwise significantly
contributing to any steps taken by the Government of
Syria to
undermine United States and
international efforts with respect to the stabilization
and
reconstruction of Iraq; or
(v) to be owned or controlled by, or acting or purporting
to act for
or on behalf of, directly or indirectly, any
person whose property or interests in property are
blocked pursuant
to this order.
(b) The prohibitions in paragraph (a) of this section
include, but are not limited to, (i) the making of any contribution
of funds, goods, or services by, to, or for the benefit of any person
whose property or interests in property are blocked pursuant to this
order; and (ii) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 4. (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 the prohibitions
set forth in this order is prohibited.
Sec. 5. I hereby determine that the making of donations
of the type of articles specified in section 203(b)(2) of the IEEPA
(50 U.S.C. 1702(b)(2)) would seriously impair the ability to deal with
the national emergency declared in this order, and hereby prohibit,
(i) the exportation or reexportation of such donated articles to Syria
as provided in section 1(b) of this order; and (ii) the making of such
donations by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to section 3 of this order.
Sec. 6. 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;
(d) the term "Government of Syria" means
the Government of the Syrian Arab Republic, its agencies, instrumentalities,
and controlled entities; and
(e) the term "product of the United States"
means: for the purposes of subsection 1(b), any item subject to the
Export Administration Regulations (15 C.F.R. parts 730-774); and for
the purposes of subsection 1(c), any item subject to the export licensing
jurisdiction of any other United States Government agency.
Sec. 7. With respect to the prohibitions contained
in section 1 of this order, consistent with subsection 5(b) of the SAA,
I hereby determine that it is in the national security interest of the
United States to waive, and hereby waive application of subsection 5(a)(1)
and subsection 5(a)(2)(A) of the SAA so as to permit the exportation
or reexportation of certain items as specified in the Department of
Commerce's General Order No. 2 to Supplement No. 1, 15 C.F.R. part 736,
as issued consistent with this order and as may be amended pursuant
to the provisions of this order and in a manner consistent with the
SAA. This waiver is made pursuant to the SAA only to the extent that
regulation of such exports or reexports would not otherwise fall within
my constitutional authority to conduct the Nation's foreign affairs
and protect national security.
Sec. 8. With respect to the prohibitions contained
in section 2 of this order, consistent with subsection 5(b) of the SAA,
I hereby determine that it is in the national security interest of the
United States to waive, and hereby waive, application of subsection
5(a)(2)(D) of the SAA insofar as it pertains to: aircraft of any air
carrier owned or controlled by Syria chartered by the Syrian government
for the transport of Syrian government officials to and from the United
States on official Syrian government business, to the extent consistent
with Department of Transportation regulations; takeoffs or landings
for non-traffic stops of aircraft of any such air carrier that is not
engaged in scheduled international air services; takeoffs and landings
associated with an emergency; and overflights of United States territory.
Sec. 9. I hereby direct the Secretary of State to take
such actions, including the promulgation of rules and regulations, as
may be necessary to carry out subsection 1(a) of this order. I hereby
direct the Secretary of Commerce, in consultation with the Secretary
of State, to take such actions, including the promulgation of rules
and regulations, as may be necessary to carry out subsection 1(b) of
this order. I direct the Secretary of Transportation, in consultation
with the Secretary of State, to take such actions, including the promulgation
of rules and regulations, as may be necessary to carry out section 2
of this order. 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 the IEEPA as may be necessary to carry out
sections 3, 4, and 5 of this order. The Secretaries of State, Commerce,
Transportation, and the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government consistent
with applicable law. The Secretary of State, in consultation with the
Secretaries of Commerce, Transportation, and the Treasury, as appropriate,
is authorized to exercise the functions and authorities conferred upon
the President in subsection 5(b) of the SAA and to redelegate these
functions and authorities 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 and, where appropriate, to advise the Secretaries of State, Commerce,
Transportation, and the Treasury in a timely manner of the measures
taken.
Sec. 10. This order is not intended to create, 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. 11. For those persons whose property or interests
in property are blocked pursuant to section 3 of this order who might
have a constitutional presence in the United States, I find that because
of the ability to transfer funds or 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 this order, there need be no prior notice of a listing or determination
made pursuant to this order.
Sec. 12. The Secretary of the Treasury, in consultation
with the Secretary of State, is authorized to submit the recurring and
final reports to the Congress on the national emergency declared in
this order, consistent with section 401(c) of the NEA, 50 U.S.C. 1641(c),
and section 204(c) of the IEEPA, 50 U.S.C. 1703(c).
Sec. 13. (a) This order is effective at 12:01 eastern
daylight time on May 12, 2004.
(b) This order shall be transmitted to the Congress
and published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
May 11, 2004.
Sources: The White House |