For Immediate Release
Office of the Press Secretary
May 11, 2004
Executive Order
Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria
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.
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