U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–011 2012

112th Congress, 2d Session – – – – – – – – – – – – House Document 112–123 

BLOCKING PROPERTY OF PERSONS THREATENING 

THE PEACE, SECURITY, OR STABILITY OF BURMA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

NOTIFICATION OF EXECUTIVE ORDER ISSUED WITH RESPECT TO 

THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO THE 

GOVERNMENT OF BURMA 

JULY 11, 2012.—Message and accompanying papers referred to the 

Committee on Foreign Affairs and ordered to be printed 


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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 modifies the scope of the national emergency declared in Executive Order 13047 of May 20, 

1997, as modified in scope in Executive Order 13448 of October 18, 

2007, and relied upon for additional steps taken in Executive Order 

13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, 

and Executive Order 13464 of April 30, 2008, and takes additional 

steps with respect to that national emergency. 

In Executive Order 13047, the President found that the Government of Burma committed large-scale repression of the democratic 

opposition in Burma after September 30, 1996, and further determined that the actions and policies of the Government of Burma 

constitute an unusual and extraordinary threat to the national security and foreign policy of the United States. To address that 

threat and to implement section 570 of the Foreign Operations, Export Financing, and Related Appropriations Act, 1997 (Public Law 

104–208), the President in Executive Order 13047 prohibited new 

investment in Burma. On July 28, 2003, the President issued Executive Order 13310, which contained prohibitions implementing certain provisions of the Burmese Freedom and Democracy Act of 

2003 (Public Law 108–61) and blocked the property and interests 

in property of persons listed in the Annex to Executive Order 

13310 or determined by the Secretary of the Treasury, in consultation with the Secretary of State, to meet designation criteria specified in Executive Order 13310. In Executive Order 13448, the 

President expanded the scope of the national emergency declared 

in Executive Order 13047, incorporated existing designation criteria set forth in Executive Order 13310, blocked the property and 

interests in property of persons listed in the Annex to Executive 

Order 13448, and provided additional criteria for designations of 

other persons. In Executive Order 13464, the President blocked the 

property and interests in property of persons listed in the Annex 

to Executive Order 13464 and provided additional criteria for designations of other persons. 

While the Government of Burma has made progress towards political reform in a number of areas, including by releasing hundreds of political prisoners, pursuing ceasefire talks with several 

armed ethnic groups, and pursuing a substantive dialogue with the 

democratic opposition, this reform is fragile. I support this reform 

in Burma and the building of a democratic political process that 

will allow all of the people of Burma to be represented. However, 

I have found that the continued detention of political prisoners, efforts to undermine or obstruct the political reform process, efforts 

to undermine or obstruct the peace process with ethnic minorities, 

military trade with North Korea, and human rights abuses in 


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Burma particularly in ethnic areas, effectuated by persons within 

and outside the Government of Burma, constitute an unusual and 

extraordinary threat to the national security and foreign policy of 

the United States. To address this situation, the order imposes additional measures with respect to Burma. 

The order provides criteria for designations of persons determined by the Secretary of the Treasury, in consultation with or at 

the recommendation of the Secretary of State: • to have engaged in acts that directly or indirectly threaten 

the peace, security, or stability of Burma, such as actions that 

have the purpose or effect of undermining or obstructing the 

political reform process or the peace process with ethnic minorities in Burma; • to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, the commission of human rights abuses in Burma; • to have, directly or indirectly, imported, exported, reexported, sold or supplied arms or related materiel from North 

Korea or the Government of North Korea to Burma or the Government of Burma; • to be a senior official of an entity that has engaged in the 

acts described above; • to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services 

to or in support of, the acts described above or any person 

whose property and interests in property are blocked pursuant 

to the order; or • 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 the order. 

I have delegated to the Secretary of the Treasury the authority, 

in consultation with the Secretary of State, to take such actions, including the promulgation of rules and regulations, and to employ 

all powers granted to the President by IEEPA as may be necessary 

to carry out the purposes of the order. 

All agencies of the United States Government are directed to 

take all appropriate measures within their authority to carry out 

the provisions of the order. 

I am enclosing a copy of the Executive Order I have issued. 

BARACK OBAMA. 

THE WHITE HOUSE, July 11, 2012. 


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EXECUTIVE ORDER

BLOCKING PROPERTY OF PERSONS THREATENING THE PEACE, 

SECURITY, OR STABILITY OF 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.), 

section 212(f) of the Immigration and Nationality Act of 1952, as 

amended (8 U.S.C. 1182(f)), and section 301 of title 3, United 

States Code, 

I, BARACK OBAMA, President of the United States of America, 

hereby modify the scope of the national emergency declared in Executive Order 13047 of May 20, 1997, as modified in scope in Executive Order 13448 of October 18, 2007, and relied upon for additional steps taken in Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, and Executive Order 13464 

of April 30, 2008. The Government of Burma has made progress towards political reform in a number of areas, including by releasing 

hundreds of political prisoners, pursuing ceasefire talks with several armed ethnic groups, and pursuing a substantive dialogue 

with the democratic opposition. Recognizing that such reform is 

fragile, I hereby find that the continued detention of political prisoners, efforts to undermine or obstruct the political reform process, 

efforts to undermine or obstruct the peace process with ethnic minorities, military trade with North Korea, and human rights 

abuses in Burma particularly in ethnic areas, effectuated by persons within or outside the Government of Burma, constitute an unusual and extraordinary threat to the national security and foreign 

policy of the United States. Accordingly, I hereby order: 

Section 1. (a) All property and interests in property 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 

any United States person, including any foreign branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by 

the Secretary of the Treasury, in consultation with or at the recommendation of the Secretary of State: 

(i) to have engaged in acts that directly or indirectly threaten the 

peace, security, or stability of Burma, such as actions that have the 

purpose or effect of undermining or obstructing the political reform 

process or the peace process with ethnic minorities in Burma; 

(ii) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, 

the commission of human rights abuses in Burma; 


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(iii) to have, directly or indirectly, imported, exported, reexported, sold or supplied arms or related materiel from North Korea 

or the Government of North Korea to Burma or the Government 

of Burma; 

(iv) to be a senior official of an entity that has engaged in the 

acts described in subsection (a)(i)–(iii) of this section; 

(v) to have materially assisted, sponsored, or provided financial, 

material, or technological support for, or goods or services to or in 

support of, the acts described in subsection (a)(i)–(iii) of this section 

or any person whose property and interests in property are blocked 

pursuant to this order; or 

(vi) 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 this 

order. 

(b) The prohibitions in subsection (a) of this section apply except 

to the extent provided by statutes, or 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. 

Sec. 2. I hereby amend: (a) Executive Order 13464 of April 30, 

2008, by removing ‘‘logistical, or technical’’ in section 1(b)(ii) and 

replacing it with ‘‘or technological’’; and 

(b) Executive Order 13448 of October 18, 2007, by removing 

‘‘logistical, or technical’’ in section 1(b)(iv) and replacing it with ‘‘or 

technological.’’ 

Sec. 3. I hereby determine that the making of donations of the 

type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 

1702(b)(2)) by, to, or for the benefit of any person 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, as modified in scope 

in Executive Order 13448 and in this order, and I hereby prohibit 

such donations as provided by section 1 of this order. 

Sec. 4. The prohibitions in section 1 of this order include but are 

not limited to: (a) the making of any contribution or provision of 

funds, goods, or services by, to, or for the benefit of any person 

whose property and interests in property are blocked pursuant to 

this order; and 

(b) the receipt of any contribution or provision of funds, goods, 

or services from any such person. 

Sec. 5. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to 

meet one or more of the criteria in subsection 1(a) of this order 

would be detrimental to the interests of the United States, and I 

hereby suspend entry into the United States, as immigrants or 

nonimmigrants, of such persons. Such persons shall be treated as 

persons covered by section 1 of Proclamation 8693 of July 24, 2011 

(Suspension of Entry of Aliens Subject to United Nations Security 

Council Travel Bans and International Emergency Economic Powers Act Sanctions). 

Sec. 6. Nothing in section 1 of this order, section 1 of Executive 

Order 13464 of April 30, 2008, section 1 of Executive Order 13448 

of October 18, 2007, sections 1 through 3 of Executive Order 13310 


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of July 28, 2003, or sections 1 and 2 of Executive Order 13047 shall 

prohibit transactions for the conduct of the official business of the 

United States Government by employees, grantees, or contractors 

thereof, except to the extent that engaging in such transactions 

would require the issuance of a statutory waiver and such a waiver 

is not issued. 

Sec. 7. (a) Any transaction that evades or avoids, has the purpose 

of evading or avoiding, causes a violation of, 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. 8. For the 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; 

and 

(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. 

Sec. 9. For those persons whose property and interests in property are blocked pursuant to 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 those measures ineffectual. I therefore determine 

that for these measures to be effective in addressing the national 

emergency declared in Executive Order 13047, as modified in scope 

in Executive Order 13448 and in this order, there need be no prior 

notice of a listing or determination made pursuant to section 1 of 

this order. 

Sec. 10. 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 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. 11. 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, or entities, its officers, employees, or agents, or any other 

person. 

BARACK OBAMA. 

THE WHITE HOUSE, July 11, 2012. 

Æ 


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