U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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89–011 2001

107th Congress, 1st Session – – – – – – – – – – – – House Document 107–126

DECLARATION OF NATIONAL EMERGENCY

IN RESPONSE TO TERRORIST ATTACKS

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

HIS DECLARATION OF A NATIONAL EMERGENCY IN RESPONSE TO

THE UNUSUAL AND EXTRAORDINARY THREAT POSED TO THE

NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMY OF THE

UNITED STATES BY GRAVE ACTS OF TERRORISM AND THREATS

OF TERRORISM COMMITTED BY FOREIGN TERRORISTS, INCLUDING THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND HIS

EXECUTIVE ORDER BLOCKING PROPERTY AND PROHIBITING

TRANSACTIONS WITH PERSONS WHO COMMIT, THREATEN TO

COMMIT, OR SUPPORT TERRORISM, PURSUANT TO 50 U.S.C.

1703(b) AND 50 U.S.C. 1631

SEPTEMBER 25, 2001.—Message and accompanying papers referred to the

Committee on International Relations and ordered to be printed

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To the Congress of the United States:

Pursuant to section 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and section 301 of

the National Emergencies Act, 50 U.S.C. 1631, I hereby report that

I have exercised my statutory authority to declare a national emergency in response to the unusual and extraordinary threat posed

to the national security, foreign policy, and economy of the United

States by grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the September 11, 2001, terrorist attacks at the World Trade Center, New York, at the Pentagon, and in Pennsylvania. I have also issued an Executive Order

to help deal with this threat by giving the United States more powerful tools to reach the means by which terrorists and terrorist networks finance themselves and to encourage greater cooperation by

foreign financial institutions and other entities that may have access to foreign property belonging to terrorists or terrorist organizations.

The attacks of September 11, 2001, highlighted in the most tragic way the threat posed to the security and national interests of the

United States by terrorists who have abandoned any regard for humanity, decency, morality, or honor. Terrorists and terrorist networks operate across international borders and derive their financing from sources in many nations. Often, terrorist property and financial assets lie outside the jurisdiction of the United States. Our

effort to combat and destroy the financial underpinnings of global

terrorism must therefore be broad, and not only provide powerful

sanctions against the U.S. property of terrorists and their supporters, but also encourage multilateral cooperation in identifying

and freezing property and assets located elsewhere.

This Executive Order is part of our national commitment to lead

the international effort to bring a halt to the evil of terrorist activity. In general terms, it provides additional means by which to disrupt the financial support network for terrorist organizations by

blocking the U.S. assets not only of foreign persons or entities who

commit or pose a significant risk of committing acts of terrorism,

but also by blocking the assets of their subsidiaries, front organizations, agents, and associates, and any other entities that provide

services or assistance to them. Although the blocking powers enumerated in the order are broad, my Administration is committed to

exercising them responsibly, with due regard for the culpability of

the persons and entities potentially covered by the order, and in

consultation with other countries.

The specific terms of the Executive Order provide for the blocking of the property and interests in property, including bank deposits, of foreign persons designated in the order or pursuant thereto,

when such property is within the United States or in the possession or control of United States persons. In addition, the Executive

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Order prohibits by transaction or dealing by United States persons

in such property or interests in property, including the making or

receiving of any contribution of funds, goods, or services to or for

the benefit of such designated persons.

I have identified in an Annex to this order eleven terrorist organizations, twelve individual terrorist leaders, three charitable or

humanitarian organizations that operate as fronts for terrorist financing and support, and one business entity that operates as a

front for terrorist financing and support. I have determined that

each of these organizations and individuals have committed, supported, or threatened acts of terrorism that imperil the security of

U.S. nationals or the national security, foreign policy, or economy

of the United States. I have also authorized the Secretary of State

to determine and designate additional foreign persons who have

committed or 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. Such designations are to be made in consultation with the Secretary of the

Treasury and the Attorney General.

The Executive Order further authorizes the Secretary of the

Treasury to identify, in consultation with the Secretary of State

and the Attorney General, additional persons or entities that: • Are owned or controlled by, or that act for or on behalf of,

those persons designated in or pursuant to the order; • Assist in, sponsor, or provide financial, material, or technological support for, or financial or other services to or in support of acts of terrorism or those persons designated in or pursuant to the order; or • Are otherwise associated with those persons designated in

or pursuant to the order.

Prior to designating persons that fall within the latter two categories, the Secretary of the Treasury is authorized to consult with

any foreign authorities the Secretary of State deems appropriate,

in consultation with the Secretary of the Treasury and the Attorney General. Such consultation is intended to avoid the need for

additional designations by securing bilateral or multilateral cooperation from foreign governments and foreign financial and other

institutions. Such consultation may include requests to foreign governments to seek, in accordance with international law and their

domestic laws, information from financial institutions regarding

terrorist property and to take action to deny terrorists the use of

such property. The order also provides broad authority, with respect to the latter two categories, for the Secretary of the Treasury,

in his discretion, and in consultation with the Secretary of State

and the Attorney General, to take lesser action that the complete

blocking of property or interests in property if such lesser action is

deemed constitent with national interests of the United States.

Some of the factors hat may be considered in deciding whether a

lesser action against a foreign person is consistent with the national interests of the United States includes:

• The impact of blocking on the U.S. or international financial system;

• The extent to which the foreign person has cooperated

with U.S. authorities;

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• The degree of knowledge the foreign person had of the terrorist-related activities of the designated person; • The extent of the relationship between the foreign person

and the designated person; and • The impact of bocking or other measures on the foreign

person.

The Executive Order also directs the Secretary of State, the Secretary of the Treasury, and other agencies to make all relevant efforts to cooperate and coordinate with other countries, including

through existing and future multilateral and bilateral agreements

and arrangements, to achieve the objectives of this order, including

the prevention and suppression of act of terrorism, the denial of the

financing of and financial services to terrorists and terrorist organizations, and the sharing of intelligence about funding activities in

support of terrorism.

In the Executive Order, I also have made determinations to suspend otherwise applicable exemptions for certain humanitarian,

medical, or agricultural transfers or donations. Regrettably, international terrorist networks make frequent use of charitable or humanitarian organizations to obtain clandestine financial and other

support for their activities. If these exemptions were not suspended, the provision of humanitarian materials could be used as

a loophole through which support could be provided to individuals

or groups involved with terrorism and whose activities endanger

the safety of the United States nationals, both here and abroad.

The Secretary of the Treasury, in consultation with the Secretary

of State and the Attorney General, is authorized to issue regulations in exercise of my authorities under IEEPA to implement the

prohibitions set forth in the Executive Order. All Federal agencies

are also directed to take actions within their authority to carry out

the provisions of the order, and, where applicable, to advise the

Secretary of the Treasury in a timely manner of the measures

taken.

The measures taken here will immediately demonstrate our resolve to bring new strength to bear in our multifaceted struggle to

eradicate international terrorism. It is my hope that they will point

the way for other civilized nations to adopt similar measures to attack the financial roots of global terrorist networks.

In that regard, this Executive order is an integral part of our

larger effort to form a coalition in the global war against terrorism.

We have already worked with nations around the globe and groups

such as the G–8, the European Union, and the Rio Group, all of

which have issued strong statements of their intention to take

measures to limit the ability of terrorist groups to operate. In the

next several weeks the 33rd Session of the International Civil Aviation Organization (ICAO) General Assembly and other fora will

focus on terrorism worldwide. It is our intention to work within the

G–7/G–8, the ICAO, and other fora to reach agreement on strong

concrete steps that will limit the ability of terrorists to operate. In

the G–7/G–8, the United States will work with its partners, drawing on the G–8 Lyon Group on Transnational Crime, the G–8

Group on Counter-Terrorism, the G–7 Financial Action Task Force,

and the existing G–8 commitments to build momentum and practical cooperation in the fight to stop the flow of resources to supVerDate 11-MAY-2000 11:18 Sep 26, 2001 Jkt 089011 PO 00000 Frm 00005 Fmt 6633 Sfmt 6602 E:\HR\OC\HD126.XXX pfrm11 PsN: HD126
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port terrorism. In addition, both the Convention for the Suppression of the Financing of Terrorism and the Convention for the Suppression of Terrorist Bombings have been forwarded to the Senate,

and I will be forwarding shortly to the Congress implementing legislation for both Conventions.

I am enclosing a copy of the Executive order I have issued. This

order is effective at 12:01 a.m. eastern daylight time on September

24, 2001.

GEORGE W. BUSH.

THE WHITE HOUSE, September 23, 2001.

(5)

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 constitutes 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

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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 transactions 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—

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(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 determined 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 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

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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 determined 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.

GEORGE W. BUSH.

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

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Wafa Humanitarian Organization

Al Rashid Trust

Mamoun Darkazanli Import-Export Company

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