U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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29–011 2004

108th Congress 2d Session – – – – – – – – – – – – House Document 108–184 

DECLARATION OF A NATIONAL EMERGENCY WITH 

RESPECT TO SYRIA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO 

THE THREAT CONSTITUTED BY CERTAIN ACTIONS OF THE GOVERNMENT OF SYRIA. FURTHER, IN ACCORDANCE WITH SUBSECTION 5(b) OF THE SYRIA ACCOUNTABILITY AND LEBANESE 

SOVEREIGNTY RESTORATION ACT OF 2003 (SAA), PUB. L. 108– 

175, THIS MESSAGE ALSO CONSTITUTES THE REPORT ON THE 

EXERCISE OF THE WAIVER AUTHORITY PURSUANT TO THAT 

STATUTE, PURSUANT TO 50 U.S.C. 1703(b) 

MAY 17, 2004.—Message and accompanying papers referred to the 

Committee on International Relations and ordered to be printed 


E:\Seals\Congress.#13
(1) 

To the Congress of the United States: 

Consistent with subsection 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 issued an Executive Order (order) in which I declared a national emergency with respect to the threat constituted 

by certain actions of the Government of Syria. Further, in accordance with subsection 5(b) of the Syria Accountability and Lebanese 

Sovereignty Restoration Act of 2003 (SAA), Public Law 108–175, 

this message also constitutes the report on my exercise of the waiver authority pursuant to that statute. 

On December 12, 2003, I signed into law the SAA in order to 

strengthen the ability of the United States to effectively confront 

the threat to U.S. national security posed by Syria’s support for 

terrorism, its military presence in Lebanon, its pursuit of weapons 

of mass destruction, and its actions to undermine U.S. and international efforts with respect to the stabilization and reconstruction 

of Iraq. These policies by the Government of Syria directly threaten 

regional stability and undermine the U.S. goal of a comprehensive 

Middle East peace. Despite many months of diplomatic efforts to 

convince the Government of Syria to change its behavior, Syria has 

not taken significant, concrete steps to address the full range of 

U.S. concerns, which were clearly conveyed by Secretary of State 

Powell to Syrian President Asad in May 2003. I find the actions, 

policies, and circumstances described above sufficiently grave to 

constitute a threat to the national security, foreign policy, and 

economy of the United States, and thus have declared a national 

emergency to address that threat. 

In implementation of subsection 5(a) of the SAA, in the order I 

directed that action be taken to prohibit the export to Syria of 

products of the United States other than food and medicine, including but not limited to items on the United States Munitions List 

or Commerce Control List, and I prohibited commercial air services 

between Syria and the United States by aircraft of any air carrier 

owned or controlled by Syria, as well as certain non-traffic stops by 

such aircraft. 

It is important to the national security interests of the United 

States, however, that certain discrete categories of exports continue 

in order to support activities of the United States Government and 

United Nations agencies, to facilitate travel by United States persons, for certain humanitarian purposes, to help maintain aviation 

safety, and to promote the exchange of information. Also, it is important to U.S. national security interests that aviation-related 

sanctions take into account humanitarian and diplomatic concerns 

as well as the international obligations of the United States. 

Accordingly, I have waived the application of subsections 5(a)(1) 

and 5(a)(2)(A) of the SAA to permit the export and reexport of: 

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products in support of activities of the United States Government 

to the extent that such exports would not otherwise fall within my 

constitutional authority to conduct the Nation’s foreign affairs and 

protect national security; medicines on the Commerce Control List 

and medical devices; aircraft parts and components for purposes of 

flight safety; exports and reexports consistent with the 5(a)(2)(D) 

waiver outlined below; information and informational materials, as 

well as telecommunications equipment and associated items to promote the free flow of information; certain software and technology; 

products in support of United Nations operations; and, certain exports and reexports of a temporary nature. These items are further 

identified in the Department of Commerce’s General Order No. 2, 

as issued consistent with my order. I have also waived the application of subsection 5(a)(2)(D) to permit the following with respect to 

aircraft of any air carrier owned or controlled by Syria: takeoffs or 

landings of such aircraft when chartered by the Government of 

Syria to transport Syrian government officials to the United States 

on official Syrian government business; takeoffs or landings for 

non-traffic stops of such aircraft that are not engaged in scheduled 

international air services; takeoffs and landings associated with an 

emergency; and overflights of U.S. territory. 

GEORGE W. BUSH. 

THE WHITE HOUSE, May 11, 2004. 

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EXECUTIVE ORDER

BLOCKING PROPERTY OF CERTAIN PERSONS AND PROHIBITING THE

EXPORT OF CERTAIN GOODS TO SYRIA

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.) 

(NEA), the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, Public Law 108–175 (SAA), and section 301 of 

title 3, United States Code, 

I, GEORGE W. BUSH, President of the United States of America, hereby determine that the actions of the Government of Syria 

in supporting terrorism, continuing its occupation of Lebanon, pursuing weapons of mass destruction and missile programs, and undermining United States and international efforts with respect to 

the stabilization and reconstruction of Iraq constitute an unusual 

and extraordinary threat to the national security, foreign policy, 

and economy of the United States and hereby declare a national 

emergency to deal with that threat. To address that threat, and to 

implement the SAA, I hereby order the following: 

Section 1. (a) The Secretary of State shall not permit the exportation or reexportation to Syria of any item on the United States 

Munitions List (22 C.F.R. part 121). 

(b) Except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to the provisions of 

this order in a manner consistent with the SAA, and notwithstanding any license, permit, or authorization granted prior to the 

effective date of this order, (i) the Secretary of Commerce shall not 

permit the exportation or reexportation to Syria of any item on the 

Commerce Control List (15 C.F.R. part 774); and (ii) with the exception of food and medicine, the Secretary of Commerce shall not 

permit the exportation or reexportation to Syria of any product of 

the United States not included in section 1(b)(i) of this order. 

(c) No other agency of the United States Government shall permit the exportation or reexportation to Syria of any product of the 

United States, except to the extent provided in regulations, orders, 

directives, or licenses that may be issued pursuant to this order in 

a manner consistent with the SAA, and notwithstanding any license, permit, or authorization granted prior to the effective date 

of this order. 

Sec. 2. The Secretary of Transportation shall not permit any air 

carrier owned or controlled by Syria to provide foreign air transportation as defined in 49 U.S.C. 40102(a)(23), except that he may, to 

the extent consistent with Department of Transportation regulations, permit such carriers to charter aircraft to the Government of 

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Syria for the transport of Syrian government officials to and from 

the United States on official Syrian government business. In addition, the Secretary of Transportation shall prohibit all takeoffs and 

landings in the United States, other than those associated with an 

emergency, by any such air carrier when engaged in scheduled 

international air services. 

Sec. 3. (a) Except to the extent provided in section 203(b)(1), (3), 

and (4) of the IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and the 

Trade Sanctions Reform and Export Enhancement Act of 2000 

(title IX, Public Law 106–387) (TSRA), 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 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: persons who are determined by the Secretary of the Treasury, 

in consultation with the Secretary of State, 

(i) to be or to have been directing or otherwise significantly 

contributing to the Government of Syria’s provision of safe 

haven to or other support for any person whose property or interests in property are blocked under United States law for terrorism-related reasons, including, but not limited to, Hamas, 

Hizballah, Palestinian Islamic Jihad, the Popular Front for the 

Liberation of Palestine, the Popular Front for the Liberation of 

Palestine-General Command, and any persons designated pursuant to Executive Order 13224 of September 23, 2001; 

(ii) to be or to have been directing or otherwise significantly 

contributing to the Government of Syria’s military or security 

presence in Lebanon; 

(iii) to be or to have been directing or otherwise significantly 

contributing to the Government of Syria’s pursuit of the development and production of chemical, biological, or nuclear weapons and medium- and long-range surface-to-surface missiles; 

(iv) to be or to have been directing or otherwise significantly 

contributing to any steps taken by the Government of Syria to 

undermine United States and international efforts with respect 

to the stabilization and reconstruction of Iraq; or 

(v) to be owned or controlled by, or acting or purporting to 

act for or on behalf of, directly or indirectly, any person whose 

property or interests in property are blocked pursuant to this 

order. 

(b) The prohibitions in paragraph (a) of this section include, but 

are not limited to, (i) the making of any contribution of funds, 

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

property or 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. 

Sec 4. (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. 

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(b) Any conspiracy formed to violate the prohibitions set forth in 

this order is prohibited. 

Sec. 5. I hereby determine that the making of donations of the 

type of articles specified in section 203(b)(2) of the IEEPA (50 

U.S.C. 1702(b)(2)) would seriously impair the ability to deal with 

the national emergency declared in this order, and hereby prohibit, 

(i) the exportation or reexportation of such donated articles to Syria 

as provided in section 1(b) of this order; and (ii) the making of such 

donations by, to, or for the benefit of any person whose property 

and interests in property are blocked pursuant to section 3 of this 

order. 

Sec. 6. 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; 

(d) the term ‘‘Government of Syria’’ means the Government of the 

Syrian Arab Republic, its agencies, instrumentalities, and controlled entities; and 

(e) the term ‘‘product of the United States’’ means: for the purposes of subsection 1(b), any item subject to the Export Administration Regulations (15 C.F.R. parts 730–774); and for the purposes of 

subsection 1(c), any item subject to the export licensing jurisdiction 

of any other United States Government agency. 

Sec. 7. With respect to the prohibitions contained in section 1 of 

this order, consistent with subsection 5(b) of the SAA, I hereby determine that it is in the national security interest of the United 

States to waive, and hereby waive application of subsection 5(a)(1) 

and subsection 5(a)(2)(A) of the SAA so as to permit the exportation or reexportation of certain items as specified in the Department of Commerce’s General Order No. 2 to Supplement No. 1, 15 

C.F.R. part 736, as issued consistent with this order and as may 

be amended pursuant to the provisions of this order and in a manner consistent with the SAA. This waiver is made pursuant to the 

SAA only to the extent that regulation of such exports or reexports 

would not otherwise fall within my constitutional authority to conduct the Nation’s foreign affairs and protect national security. 

Sec. 8. With respect to the prohibitions contained in section 2 of 

this order, consistent with subsection 5(b) of the SAA, I hereby determine that it is in the national security interest of the United 

States to waive, and hereby waive, application of subsection 

5(a)(2)(D) of the SAA insofar as it pertains to: aircraft of any air 

carrier owned or controlled by Syria chartered by the Syrian government for the transport of Syrian government officials to and 

from the United States on official Syrian government business, to 

the extent consistent with Department of Transportation regulations; takeoffs or landings for non-traffic stops of aircraft of any 

such air carrier that is not engaged in scheduled international air 

services; takeoffs and landings associated with an emergency; and 

overflights of United States territory. 

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Sec. 9. I hereby direct the Secretary of State to take such actions, 

including the promulgation of rules and regulations, as may be necessary to carry out subsection 1(a) of this order. I hereby direct the 

Secretary of Commerce, in consultation with the Secretary of State, 

to take such actions, including the promulgation of rules and regulations, as may be necessary to carry out subsection 1(b) of this 

order. I direct the Secretary of Transportation, in consultation with 

the Secretary of State, to take such actions, including the promulgation of rules and regulations, as may be necessary to carry out 

section 2 of this order. 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 the IEEPA as may 

be necessary to carry out sections 3, 4, and 5 of this order. The Secretaries of State, Commerce, Transportation, and the Treasury may 

redelegate any of these functions to other officers and agencies of 

the United States Government consistent with applicable law. The 

Secretary of State, in consultation with the Secretaries of Commerce, Transportation, and the Treasury, as appropriate, is authorized to exercise the functions and authorities conferred upon the 

President in subsection 5(b) of the SAA and to redelegate these 

functions and authorities 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 Secretaries of State, Commerce, Transportation, and the Treasury in 

a timely manner of the measures taken. 

Sec. 10. This order is not intended to create, 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. 11. For those persons whose property or interests in property are blocked pursuant to section 3 of 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 determine 

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. 12. The Secretary of the Treasury, in consultation with the 

Secretary of State, is authorized to submit the recurring and final 

reports to the Congress on the national emergency declared in this 

order, consistent with section 401(c) of the NEA, 50 U.S.C. 1641(c), 

and section 204(c) of the IEEPA, 50 U.S.C. 1703(c). 

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Sec. 13. (a) This order is effective at 12:01 eastern daylight time 

on May 12, 2004. 

(b) This order shall be transmitted to the Congress and published 

in the Federal Register. 

GEORGE W. BUSH. 

THE WHITE HOUSE, May 11, 2004. 

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