Recent OFAC Actions
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The President has
issued a new Executive Order targeting
terrorists and a number of new names have
been added to OFAC's SDN List under the
Order. Their assets need to be blocked and
immediate notice give to OFAC. Banks should
call OFAC's Hotline. All of OFAC's
informational material will be updated as
soon as possible.
EXECUTIVE ORDER
BLOCKING PROPERTY AND PROHIBITING
TRANSACTIONS WITH PERSONS WHO COMMIT,
THREATEN TO COMMIT, OR SUPPORT TERRORISM
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 5 of the
United Nations Participation Act of 1945, as
amended (22 U.S.C. 287c) (UNPA),
and section 301 of title 3,
United States Code, and in view
of United Nations Security Council
Resolution (UNSCR) 1214 of December 8,
1998, UNSCR 1267 of October 15,
1999, UNSCR 1333
of December 19, 2000, and the
multilateral sanctions contained therein, and
UNSCR 1363 of July 30, 2001,
establishing a mechanism to monitor the
implementation of UNSCR 1333,
I, GEORGE W. BUSH, President of the
United States of America, find that
grave acts of terrorism and threats of
terrorism committed by foreign terrorists,
including the terrorist attacks in
New York, Pennsylvania, and the Pentagon
committed on September 11, 2001, acts
recognized and condemned
in UNSCR 1368 of September 12,
2001, and UNSCR 1269 of October 19,
1999, and the continuing and immediate threat
of further attacks on United States nationals
or the United States constitute an
unusual and extraordinary threat to the
national security, foreign policy, and
economy of the United States, and in
furtherance of my proclamation of
September 14, 2001, Declaration of
National Emergency by Reason of Certain
Terrorist Attacks, hereby declare a national
emergency to deal with that threat.
I also find that because of the
pervasiveness and expansiveness of the
financial foundation of foreign terrorists,
financial sanctions may be appropriate for
those foreign persons that support or
otherwise associate with these foreign
terrorists. I also find that a need
exists for further consultation and
cooperation with, and sharing of information
by, United States and foreign financial
institutions as an additional tool to enable
the United States to combat the
financing of terrorism.
I hereby order:
Section 1. Except to
the extent required by section 203(b) of
IEEPA (50 U.S.C. 1702(b)), or
provided 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,
all property and interests in property of the
following persons that are in the
United States or that hereafter come
within the United States, or that
hereafter come within the possession or
control of United States persons are
blocked:
(a) foreign persons listed in the Annex to
this order;
(b) foreign persons determined by the
Secretary of State, in consultation with
the Secretary of the Treasury and the
Attorney General, to have committed, or to
pose a significant risk of committing, acts
of terrorism that threaten the security of
U.S. nationals or the national security,
foreign policy, or economy of the
United States;
(c) persons determined by the Secretary of
the Treasury, in consultation with the
Secretary of State and the Attorney General,
to be owned or controlled by, or to act for
or on behalf of those persons listed in
the Annex to this order or those persons
determined to be subject to
subsection 1(b), 1(c), or 1(d)(i) of
this order;
(d) except as provided in section 5
of this order and after such
consultation, if any, with foreign
authorities as the Secretary of State,
in consultation with the Secretary of
the Treasury and the Attorney General,
deems appropriate in the exercise of his
discretion, persons determined by the
Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney
General;
(i) to assist in, sponsor, or provide
financial, material, or technological support
for, or financial or other services to or in
support of, such acts of terrorism or those
persons listed in the Annex to this order or
determined to be subject to this order;
or
(ii) to be otherwise associated with those
persons listed in the Annex to this order or
those persons determined to be subject to
subsection 1(b), 1(c), or 1(d)(i) of
this order.
Sec. 2. Except to the extent
required by section 203(b) of IEEPA
(50 U.S.C. 1702(b)), or provided 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:
(a) any transaction or dealing by
United States persons or within the
United States in property or interests in
property blocked pursuant to this order is
prohibited, including but not limited to the
making or receiving of any contribution of
funds, goods, or services to or for the
benefit of those persons listed in the Annex
to this order or determined to be subject to
this order;
(b) any transaction by any
United States person or within the
United States that evades or avoids, or has
the purpose of evading or avoiding, or
attempts to violate, any of the prohibitions
set forth in this order is prohibited;
and
(c) 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, corporation, or other
organization, group, or subgroup;
(c) the term "United States person"
means any United States citizen,
permanent resident alien, entity organized
under the laws of the United States
(including foreign branches), or any person
in the United States; and
(d) the term "terrorism" means an activity
that --
(i) involves a violent act or an act
dangerous to human life, property, or
infrastructure; and
(ii) appears to be intended --
(A) to intimidate or coerce a civilian
population;
(B) to influence the policy of a
government by intimidation or coercion;
or
(C) to affect the conduct of a government
by mass destruction, assassination,
kidnapping, or hostage-taking.
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
United States persons to persons
determined to be subject to this order
would seriously impair my ability to deal
with the national emergency declared in this
order, and would endanger Armed Forces
of the United States that are in
a situation where imminent involvement
in hostilities is clearly indicated by
the circumstances, and hereby prohibit such
donations as provided by section 1 of
this order. Furthermore, I hereby
determine that the Trade Sanctions Reform and
Export Enhancement Act of 2000
(title IX, Public Law 106-387)
shall not affect the imposition or
the continuation of the imposition of any
unilateral agricultural sanction or
unilateral medical sanction on any person
determined to be subject to this order
because imminent involvement of the
Armed Forces of the United States
in hostilities is clearly indicated by
the circumstances.
Sec. 5. With respect to
those persons designated pursuant to
subsection 1(d) of this order, the
Secretary of the Treasury, in the exercise of
his discretion and in consultation with the
Secretary of State and the Attorney General,
may take such other actions than the complete
blocking of property or interests in property
as the President is authorized to take under
IEEPA and UNPA if the Secretary of the
Treasury, in consultation with the Secretary
of State and the Attorney General, deems such
other actions to be consistent with the
national interests of the United States,
considering such factors as he deems
appropriate.
Sec. 6. The Secretary of
State, the Secretary of the Treasury, and
other appropriate agencies shall make all
relevant efforts to cooperate and coordinate
with other countries, including through
technical assistance, as well as bilateral
and multilateral agreements and
arrangements, to achieve the objectives
of this order, including the prevention and
suppression of acts of terrorism, the denial
of financing and financial services to
terrorists and terrorist organizations,
and the sharing of intelligence about
funding activities in support of
terrorism.
Sec. 7. The Secretary of the
Treasury, in consultation with the
Secretary of State and the Attorney General,
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 UNPA 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. 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. 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. Nothing
contained in this order is intended to
create, nor does it create, any right,
benefit, or privilege, substantive or
procedural, enforceable at law by a party
against the United States, its agencies,
officers, employees or any other person.
Sec. 10. For those
persons listed in the Annex to this order or
determined to be subject to 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. 11. (a) This order
is effective at 12:01 a.m. eastern
daylight time on September 24, 2001.
(b) This order shall be transmitted to the
Congress and published in the Federal
Register.
THE WHITE HOUSE,
September 23, 2001.
ANNEX
Al Qaida/Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic
Jihad)
Islamic Movement of Uzbekistan
(IMU)
Asbat al-Ansar
Salafist Group for Call and
Combat (GSPC)
Libyan Islamic Fighting
Group
Al-Itihaad al-Islamiya
(AIAI)
Islamic Army of Aden
Usama bin Laden
Muhammad Atif (aka, Subhi Abu
Sitta, Abu Hafs Al Masri)
Sayf al-Adl
Shaykh Sai'id (aka, Mustafa
Muhammad Ahmad)
Abu Hafs the Mauritanian (aka,
Mahfouz Ould al-Walid, Khalid
Al-Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn
al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu
Abdallah)
Ayman al-Zawahiri
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad
(aka, Fathi, Amr al-Fatih)
Muhammad Salah (aka, Nasr
Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al
Kifah
Wafa Humanitarian
Organization
Al Rashid Trust
Mamoun Darkazanli
Import-Export Company
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