U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–011 2013

113th Congress, 1st Session – – – – – – – – – – – – – House Document 113–55 

PROHIBITING CERTAIN IMPORTS OF BURMESE 

JADEITE AND RUBIES 

COMMUNICATION 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

AN EXECUTIVE ORDER PROHIBITING THE IMPORTATION INTO 

THE UNITED STATES OF ANY JADEITE OR RUBIES MINED OR 

EXTRACTED FROM BURMA 

SEPTEMBER 6, 2013.—Referred jointly to the Committees on Foreign 

Affairs and Ways and Means, and ordered to be printed 


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THE WHITE HOUSE, 

Washington, August 6, 2013. 

Hon. JOHN BOEHNER, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MR. SPEAKER: I hereby report that I have issued an Executive Order (the ‘‘order’’) pursuant to the International Emergency 

Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA) and the 

Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286) (the ‘‘JADE Act’’) that 

takes additional steps with respect to 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 Executive 

Order 13619 of July 11, 2012, and relied upon for additional steps 

taken in Executive Order 13310 of July 28, 2003, Executive Order 

13448 of October 18, 2007, Executive Order 13464 of April 30, 

2008, and Executive Order 13619 of July 11, 2012. 

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 

constituted an unusual and extraordinary threat to the national security and foreign policy of the United States and declared a national emergency to deal with that threat. 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 by United States persons. 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. In Executive Order 

13619, I modified the scope of the national emergency declared in 

Executive Order 13047 and provided additional designation criteria. 


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The order that I have just issued prohibits the importation into 

the United States of any jadeite or rubies mined or extracted from 

Burma and any articles of jewelry containing jadeite or rubies 

mined or extracted from Burma. The order amends Executive 

Order 13310 to revoke the section of that order imposing a prohibition on the importation into the United States of any article that 

is a product of Burma and a related section. The order waives the 

sanctions described in section 5(b) of the JADE Act. Except as authorized or exempt, transactions with persons included on the Department of the Treasury’s List of Specially Designated Nationals 

and Blocked Persons continue to be prohibited pursuant to IEEPA. 

The order authorizes the Secretary of the Treasury, 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. 

Sincerely, 

BARACK OBAMA. 


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EXECUTIVE ORDER

PROHIBITING CERTAIN IMPORTS OF BURMESE JADEITE AND RUBIES

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 Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286) (the ‘‘JADE Act’’), and section 301 of title 3, United States Code, and in order to take additional steps with respect to 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 Executive Order 13619 

of July 11, 2012, and relied upon for additional steps taken in Executive Order 13310 of July 28, 2003, Executive Order 13448 of October 18, 2007, Executive Order 13464 of April 30, 2008, and Executive Order 13619 of July 11, 2012, 

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

hereby order: 

Section 1. (a) The importation into the United States of any 

jadeite or rubies mined or extracted from Burma and any articles 

of jewelry containing jadeite or rubies mined or extracted from 

Burma is hereby prohibited. 

(b) The prohibition in subsection (a) of this section applies 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 Executive Order 13310 of July 28, 2003, 

by revoking sections 3 and 8 of that order. The revocation of those 

provisions of Executive Order 13310 pursuant to this section shall 

not affect any violation of any rules, regulations, orders, licenses, 

or other forms of administrative action under that order during the 

period that those provisions of that order were in effect. 

Sec. 3. (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. 4. For the purposes of this order: 

(a) the term ‘‘jadeite’’ means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States 

(HTS); 

(b) the term ‘‘rubies’’ means any rubies classifiable under heading 7103 of the HTS; 


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(c) the term ‘‘articles of jewelry containing jadeite or rubies’’ 

means: 

(i) any article of jewelry classifiable under heading 7113 of 

the HTS that contains jadeites or rubies; or 

(ii) any article of jadeite or rubies classifiable under heading 

7116 of the HTS; 

(d) the term ‘‘person’’ means an individual or entity; 

(e) the term ‘‘entity’’ means a partnership, association, trust, 

joint venture, corporation, group, subgroup, or other organization. 

Sec. 5. Nothing in section 1 of this order shall prohibit transactions to the extent such prohibition would conflict with the international obligations of the United States under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular 

Relations, the United Nations Headquarters Agreement, or other 

legal instruments providing equivalent privileges and immunities. 

Sec. 6. Nothing in section 1 of this order shall prohibit the importation of any jadeite or rubies mined or extracted from Burma or 

any articles of jewelry containing jadeite or rubies mined or extracted from Burma that were previously exported from the United 

States, including those that accompanied an individual outside the 

United States for personal use, if they are reimported to the United 

States by the same person, without having been advanced in value 

or improved in condition by any process or other means while outside the United States. 

Sec. 7. 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. 8. Pursuant to section 5(i) of the JADE Act, I hereby determine and certify that it is in the national interest of the United 

States to waive, and hereby waive, the sanctions described in section 5(h) of the JADE Act. Except as authorized or exempt, transactions with persons included on the Department of the Treasury’s 

List of Specially Designated Nationals and Blocked Persons continue to be prohibited pursuant to IEEPA. 

Sec. 9. 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. 

Sec. 10. This order is effective at 12:01 a.m. eastern daylight 

time on August 7, 2013. 

BARACK OBAMA. 

THE WHITE HOUSE, August 6, 2013. 

Æ 


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