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[House Document 110-66]
[From the U.S. Government Publishing Office]

                                     

110th Congress, 1st Session - - - - - - - - - - - - - House Document 110-66

 
       EXPANSION OF THE NATIONAL EMERGENCY WITH RESPECT TO BURMA

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 NOTIFICATION OF THE EXPANSION OF THE SCOPE OF THE NATIONAL EMERGENCY 
DECLARED WITH RESPECT TO BURMA DECLARED IN EXECUTIVE ORDER 13047 OF MAY 
                20, 1997, PURSUANT TO 50 U.S.C. 1622(d)

  October 22, 2007.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    Pursuant to the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have 
issued an Executive Order (the ``Order'') that expands the 
scope of the national emergency declared in Executive Order 
13047 of May 20, 1997, and takes additional steps with respect 
to that national emergency.
    In 1997, the United States put in place a prohibition on 
new investment in Burma in response to the Government of 
Burma's large-scale repression of the democratic opposition in 
that country. On July 28, 2003, those sanctions were expanded 
by steps taken in Executive Order 13310, which contained 
prohibitions implementing sections 3 and 4 of the Burmese 
Freedom and Democracy Act of 2003 (Public Law 108-61) and 
supplemented that Act with additional restrictions. I have now 
determined that the Government of Burma's continued repression 
of the democratic opposition in Burma, manifested most recently 
in the violent response to peaceful demonstrations, the 
commission of human rights abuses related to political 
repression, and engagement in public corruption, including by 
diverting or misusing Burmese public assets or by misusing 
public authority, warrant an expansion of the existing 
sanctions.
    The order incorporates existing designation criteria set 
forth in Executive Order 13310, authorizing the Secretary of 
the Treasury, after consultation with the Secretary of State, 
to designate any person determined 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. The order blocks the property and interests in 
property in the United States of persons listed in the Annex to 
the order and provides additional criteria for designations of 
persons determined by the Secretary of the Treasury, after 
consultation with the Secretary of State, to be responsible 
for, or to have participated in, human rights abuses related to 
political repression in Burma; to be engaged, or to have 
engaged, in activities facilitating public corruption by senior 
officials of the Government of Burma; to have materially 
assisted, sponsored, or provided financial, material, 
logistical, or technical support for, or goods or services in 
support of, the Government of Burma, the State Peace and 
Development Council of Burma, the Union Solidarity and 
Development Association of Burma, any successor entity to any 
of the foregoing, any senior official of any of the foregoing, 
or any person whose property and interests in property are 
blocked pursuant to Executive Order 13310 or section 1(b)(i)-
(v) of the order; to be owned or controlled by, or to have 
acted or purported to act for or on behalf of, directly or 
indirectly, any person whose property and interests in property 
are blocked pursuant to Executive Order 13310 or section 
1(b)(i)-(v) of the order; or to be a spouse or dependent child 
of any person whose property and interests in property are 
blocked pursuant to the order or Executive Order 13310.
    The order leaves in place the existing prohibitions on new 
investment, the exportation or reexportation to Burma of 
financial services, and the importation of any article that is 
a product of Burma, which were put into effect in Executive 
Order 13047 and Executive Order 13310.
    I delegated to the Secretary of the Treasury, after 
consultation with the Secretary of State, the authority to take 
such actions, including the promulgation of rules and 
regulations, and to employ all powers granted to the President 
by IEEPA and section 4 of the Burmese Freedom and Democracy Act 
of 2003 as may be necessary to carry out the purposes of the 
order.
    I am enclosing a copy of the Executive Order I have issued.

                                                    George W. Bush.
    The White House, October 18, 2007.
                            Executive Order

                              ----------                              

Blocking Property and Prohibiting Certain Transactions Related to Burma

    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 (Public Law 108-61, as amended, 50 U.S.C. 1701 note), 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,
    I, GEORGE W. BUSH, President of the United States of 
America, hereby expand the scope of the national emergency 
declared in Executive Order 13047 of May 20, 1997, and relied 
upon for additional steps taken in Executive Order 13310 of 
July 28, 2003, finding that the Government of Burma's continued 
repression of the democratic opposition in Burma, manifested 
most recently in the violent response to peaceful 
demonstrations, the commission of human rights abuses related 
to political repression, and engagement in public corruption, 
including by diverting or misusing Burmese public assets or by 
misusing public authority, constitute an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States, and I 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), 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 and made a 
part of this order; and
    (b) any person determined by the Secretary of the Treasury, 
after 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;
          (ii) to be responsible for, or to have participated 
        in, human rights abuses related to political repression 
        in Burma;
          (iii) to be engaged, or to have engaged, in 
        activities facilitating public corruption by senior 
        officials of the Government of Burma;
          (iv) to have materially assisted, sponsored, or 
        provided financial, material, logistical, or technical 
        support for, or goods or services in support of, the 
        Government of Burma, the State Peace and Development 
        Council of Burma, the Union Solidarity and Development 
        Association of Burma, any successor entity to any of 
        the foregoing, any senior official of any of the 
        foregoing, or any person whose property and interests 
        in property are blocked pursuant to Executive Order 
        13310 or section 1(b)(i)-(v) of this order;
          (v) to be owned or controlled by, or to have acted or 
        purported to act for or on behalf of, directly or 
        indirectly, any person whose property and interests in 
        property are blocked pursuant to Executive' Order 13310 
        or section 1(b)(i)-(v) of this order; or
          (vi) to be a spouse or dependent child of any person 
        whose property and interests in property are blocked 
        pursuant to this order or Executive Order 13310.
    Sec. 2. (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. 3. 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. 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, to, or for the benefit of, 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 relied upon for additional steps taken in Executive 
Order 13310, and expanded in this order, and hereby prohibit 
such donations as provided by section 1 of this order.
    Sec. 5. 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, and relied upon for 
additional steps taken in Executive Order 13310, and expanded 
in this order, there need be no prior notice of a listing or 
determination made pursuant to this order.
    Sec. 6. The Secretary of the Treasury, after 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 
section 4 of the Burmese Freedom and Democracy Act of 2003 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. 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. 7. The Secretary of the Treasury, after consultation 
with the Secretary of State, is authorized to determine, 
subsequent to the effective date 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. 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 
CFR chapter V, except as expressly terminated, modified, or 
suspended by or pursuant to this order.
    Sec. 9. This order is hot 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. 10. This order is effective at 12:01 a.m. eastern 
daylight time on October 19, 2007.

                                                    George W. Bush.
    The White House, October 18, 2007.

                                 ANNEX

Individuals

1. Tay ZA; Managing Director, Htoo Trading Company Limited; 
        Chairman, Air Bagan Holdings Pte. Limited (d.b.a. Air 
        Bagan); Managing Director, Pavo Trading Pte. Ltd.; DOB 
        Jul 18, 1967; nationality, Burma
2. Pye Phyo Tay ZA; DOB Jan 29, 1987; nationality, Burma
3. Thidar ZAW; DOB Feb 24, 1962; nationality, Burma
4. Htay MYINT; Chairman, Yuzana Company Limited; DOB Feb 6, 
        1955; nationality, Burma
5. Khin SHWE; President, Zay Gabar Company; DOB Jan 21, 1952; 
        nationality, Burma

Entities

1. Htoo Trading Company Limited; Yangon, Burma
2. Pavo Trading Pte. Ltd.; Singapore
3. Air Bagan Holdings Pte Ltd. (d.b.a. Air Bagan); Singapore
4. Air Bagan Limited (d.b.a. Air Bagan); Burma
5. Htoo Wood Products Pte. Limited; Singapore; Yangon, Burma
6. Yuzana Company Limited (a.k.a. Yuzana Construction); Yangon, 
        Burma
7. Zay Gabar Company (a.k.a. Zaykabar Company); Burma

                                  
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