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[House Document 112-123]
[From the U.S. Government Publishing Office]

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

 
   BLOCKING PROPERTY OF PERSONS THREATENING THE PEACE, SECURITY, OR 
                           STABILITY OF BURMA

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              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
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 
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.
                            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;
    (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 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.

                                  
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