Presidential Documents

39719 

Federal Register 

Vol. 72, No. 138 

Thursday, July 19, 2007 

Title 3— 

The President 

Executive Order 13438 of July 17, 2007 

Blocking Property of Certain Persons Who Threaten 

Stabilization Efforts in Iraq 

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, as amended (50 U.S.C. 1701 et seq.)(IEEPA), the 

National Emergencies Act (50 U.S.C. 1601 et seq.)(NEA), and section 301 

of title 3, United States Code, 

I, GEORGE W. BUSH, President of the United States of America, find that, 

due to the unusual and extraordinary threat to the national security and 

foreign policy of the United States posed by acts of violence threatening 

the peace and stability of Iraq and undermining efforts to promote economic 

reconstruction and political reform in Iraq and to provide humanitarian 

assistance to the Iraqi people, it is in the interests of the United States 

to take additional steps with respect to the national emergency declared 

in Executive Order 13303 of May 22, 2003, and expanded in Executive 

Order 13315 of August 28, 2003, and relied upon for additional steps taken 

in Executive Order 13350 of July 29, 2004, and Executive Order 13364 

of November 29, 2004. I hereby order: 

Section 1. (a) 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)), 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 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, 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paid, exported, withdrawn, or otherwise dealt in: any person determined 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 the Secretary of 

State and the Secretary of Defense, 

(i) to have committed, or to pose a significant risk of committing, an 

act or acts of violence that have the purpose or effect of: 

(A) threatening the peace or stability of Iraq or the Government of 

Iraq; or 

(B) undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi 

people; 

(ii) to have materially assisted, sponsored, or provided financial, material, 

logistical, or technical support for, or goods or services in support of, 

such an act or acts of violence or any person whose property and interests 

in property are blocked pursuant to this order; or 

(iii) 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 include, but are not 

limited to, (i) 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 (ii) the receipt 

of any contribution or provision of funds, goods, or services from any 

such person. 


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39720 Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Presidential Documents 

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; 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. 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, any person whose property and interests in property are blocked pursuant 

to this order would seriously impair my ability to deal with the national 

emergency declared in Executive Order 13303 and expanded in Executive 

Order 13315, and I 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 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 13303 and expanded 

in Executive Order 13315, there need be no prior notice of a listing or 

determination made pursuant to section 1(a) of this order. 

Sec. 6. The Secretary of the Treasury, in consultation with the Secretary 

of State and the Secretary of Defense, 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 and, where 

appropriate, to advise the Secretary of the Treasury in a timely manner 

of the measures taken. 

Sec. 7. 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. 


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Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Presidential Documents 39721 

Sec. 8. This order is not intended to, and does not, create any right, benefit, 

or privilege, 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. 

THE WHITE HOUSE, 

July 17, 2007. 

[FR Doc. 07–3552 

Filed 7–18–07; 8:57 am] 

Billing code 3195–01–P 


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