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The President has issued the following Executive Order with
respect to Burma effective 12:01am Eastern Daylight Time on
Tuesday, July 29, 2003:
EXECUTIVE ORDER
BLOCKING PROPERTY OF THE GOVERNMENT OF BURMA AND PROHIBITING
CERTAIN TRANSACTIONS
"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
(July 28, 2003), 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;
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) (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may not be transferred, paid, exported, withdrawn, or otherwise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:
(a) the persons listed in the Annex attached to and made
a part of this order; and
(b) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of State,
(i) to be a senior official of the Government of Burma, the
State Peace and Development Council of Burma, the Union Solidarity
and Development Association of Burma, or any successor entity
to any of the foregoing; or
(ii) to be owned or controlled by, or acting or purporting
to act for or on behalf of, directly or indirectly, any
person whose property and interests in property are blocked
pursuant to this order.
Sec. 2. Except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)), the 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, the following are prohibited:
(a) the exportation or reexportation, directly or indirectly,
to Burma of any financial services either (i) from the United
States or (ii) by a United States person, wherever located;
and
(b) any approval, financing, facilitation, or guarantee by
a United States person, wherever located, of a transaction
by a foreign person where the transaction by that foreign
person would be prohibited by this order if performed by a
United States person or within the United States;
Sec. 3. Beginning 30 days after the effective date of this
order, and except to the extent provided in section 8 of this
order and 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 30 days after the effective date of this order, the
importation into the United States of any article that is
a product of Burma is hereby prohibited.
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 any of the prohibitions
set forth in this order is prohibited.
Sec. 5. 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. 6. 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 or to 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, and hereby prohibit
such donations as provided by section 1 of this order.
Sec. 7. For those persons whose property and interests
in property are blocked pursuant to section 1 of 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, there need be no prior notice of
a listing or determination made pursuant to this order.
Sec. 8. Determining that such a waiver is in the national
interest of the United States, I hereby waive the prohibitions
described in section 3 of the Burmese Freedom and Democracy
Act of 2003 with respect to any and all articles that are
a product of Burma to the extent that prohibiting the importation
of such articles would conflict with the international obligations
of the United States under the Vienna Convention on Diplomatic
Relations, the Vienna Convention on Consular Relations, the
United Nations Headquarters Agreement, and other legal instruments
providing equivalent privileges and immunities.
Sec. 9. 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 and sections
3(a) and 4 of the Burmese Freedom and Democracy Act of 2003,
other than the authority to make the determinations and certification
to Congress that Burma has met the conditions described in
3(a)(3) of the Act, 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.
The Secretary of State is authorized to exercise the functions
and authorities conferred upon the President by section 3(b)
of the Burmese Freedom and Democracy Act of 2003 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.
Sec. 10. The Secretary of the Treasury, in consultation with
the Secretary of State, is authorized to determine, subsequent
to the issuance of this order, that circumstances no longer
warrant inclusion of a person in the Annex to this order and
that the property and interests in property of that person
are therefore no longer blocked pursuant to section 1 of this
order.
Sec. 11. 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. 12. Sections 1 through 7 of Executive Order 13047
are hereby revoked to the extent they are inconsistent with
this order. All delegations, rules, regulations, orders, licenses,
and other forms of administrative action made, issued, or
otherwise taken under Executive Order 13047, not inconsistent
with section 3 of this order and not revoked administratively,
shall remain in full force and effect under this order until
amended, modified, or terminated by proper authority. The
revocation of any provision of Executive Order 13047 pursuant
to this section shall not affect any violation of any rules,
regulations, orders, licenses, or other forms of administrative
action under that order during the period that such provision
of that order was in effect.
Sec. 13. All provisions of this order other than section
3 shall not apply to any activity, or any transaction incident
to an activity, undertaken pursuant to an agreement, or pursuant
to the exercise of rights under such an agreement, that was
entered into by a United States person with the Government
of Burma or a nongovernmental entity in Burma prior to 12:01
a.m. eastern daylight time on May 21, 1997.
Sec. 14. 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.
Sec. 15. This order is effective on 12:01 a.m. eastern daylight
time on July 29, 2003.
Sec. 16. This order shall be transmitted to the Congress
and published in the Federal Register."
_____
ANNEX IN OFAC'S TRADITIONAL FORMAT without the a.k.a.s listed
as separate entries in this Bulletin:
MYANMA ECONOMIC BANK (a.k.a. MYANMAR ECONOMIC BANK), 1-19
Sule Pagoda Road, Pabedan T/S, Yangon, Myanmar [BURMA]
MYANMA FOREIGN TRADE BANK (a.k.a. MYANMAR FOREIGN TRADE BANK),
P.O. Box 203, 80-86 Maha Bandoola Garden Street, Kyauktada
T/S, Yangon, Myanmar; SWIFT/BIC: FOTMMMM1 [BURMA]
MYANMA INVESTMENT AND COMMERCIAL BANK (a.k.a. MICB; a.k.a.
MYANMAR INVESTMENT AND COMMERCIAL BANK), 170/176 Bo Aung Kyaw
Street, Botataung Township, Yangon, Myanmar; SWIFT/BIC: MYANMMM1
[BURMA]
STATE PEACE AND DEVELOPMENT COUNCIL OF BURMA [BURMA]
All of OFAC's SDN
material has been updated accordingly, including separate
entries for each a.k.a., as have OFAC's brochure on Burma and industry overviews for
exporters
& importers and the financial
community.
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