US (United States) Code. Title 50. Chapter 35: International emergency economic powers

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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-CITE-

50 USC CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC

POWERS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-MISC1-

Sec.

1701. Unusual and extraordinary threat; declaration of

national emergency; exercise of Presidential

authorities.

1702. Presidential authorities.

(a) In general.

(b) Exceptions to grant of authority.

(c) Classified information.

1703. Consultation and reports.

(a) Consultation with Congress.

(b) Report to Congress upon exercise of

Presidential authorities.

(c) Periodic follow-up reports.

(d) Supplemental requirements.

1704. Authority to issue regulations.

1705. Penalties.

1706. Savings provisions.

(a) Termination of national emergencies pursuant to

National Emergencies Act.

(b) Congressional termination of national

emergencies by concurrent resolution.

(c) Supplemental savings provisions; supersedure of

inconsistent provisions.

(d) Periodic reports to Congress.

1707. Multinational economic embargoes against governments

in armed conflict with the United States.

(a) Policy on the establishment of embargoes.

(b) Reports to Congress.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2332 of this title;

sections 2170, 2405, 2410 of the Appendix to this title; title 12

sections 635, 3409, 3413, 4407; title 18 section 983; title 19

sections 1583, 1675, 2581; title 21 section 1901; title 22 section

6004; title 26 section 911; title 30 section 185.

-End-

-CITE-

50 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1701. Unusual and extraordinary threat; declaration of

national emergency; exercise of Presidential authorities

-STATUTE-

(a) Any authority granted to the President by section 1702 of

this title may be exercised to deal with any unusual and

extraordinary threat, which has its source in whole or substantial

part outside the United States, to the national security, foreign

policy, or economy of the United States, if the President declares

a national emergency with respect to such threat.

(b) The authorities granted to the President by section 1702 of

this title may only be exercised to deal with an unusual and

extraordinary threat with respect to which a national emergency has

been declared for purposes of this chapter and may not be exercised

for any other purpose. Any exercise of such authorities to deal

with any new threat shall be based on a new declaration of national

emergency which must be with respect to such threat.

-SOURCE-

(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)

-MISC1-

SHORT TITLE OF 2001 AMENDMENT

Pub. L. 107-24, Sec. 1, Aug. 3, 2001, 115 Stat. 199, provided

that: "This Act [enacting and amending provisions set out as notes

below] may be cited as the 'ILSA Extension Act of 2001'."

SHORT TITLE

Section 201 of title II of Pub. L. 95-223 provided that: "This

title [enacting this chapter] may be cited as the 'International

Emergency Economic Powers Act'."

SEPARABILITY

Section 208 of Pub. L. 95-223 provided that: "If any provision of

this Act [enacting this chapter] is held invalid, the remainder of

the Act shall not be affected thereby."

SUDAN PEACE

Pub. L. 107-245, Oct. 21, 2002, 116 Stat. 1504, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Sudan Peace Act'.

"SEC. 2. FINDINGS.

"The Congress makes the following findings:

"(1) The Government of Sudan has intensified its prosecution of

the war against areas outside of its control, which has already

cost more than 2,000,000 lives and has displaced more than

4,000,000 people.

"(2) A viable, comprehensive, and internationally sponsored

peace process, protected from manipulation, presents the best

chance for a permanent resolution of the war, protection of human

rights, and a self-sustaining Sudan.

"(3) Continued strengthening and reform of humanitarian relief

operations in Sudan is an essential element in the effort to

bring an end to the war.

"(4) Continued leadership by the United States is critical.

"(5) Regardless of the future political status of the areas of

Sudan outside of the control of the Government of Sudan, the

absence of credible civil authority and institutions is a major

impediment to achieving self-sustenance by the Sudanese people

and to meaningful progress toward a viable peace process. It is

critical that credible civil authority and institutions play an

important role in the reconstruction of post-war Sudan.

"(6) Through the manipulation of traditional rivalries among

peoples in areas outside of its full control, the Government of

Sudan has used divide-and-conquer techniques effectively to

subjugate its population. However, internationally sponsored

reconciliation efforts have played a critical role in reducing

human suffering and the effectiveness of this tactic.

"(7) The Government of Sudan utilizes and organizes militias,

Popular Defense Forces, and other irregular units for raiding and

enslaving parties in areas outside of the control of the

Government of Sudan in an effort to disrupt severely the ability

of the populations in those areas to sustain themselves. The

tactic helps minimize the Government of Sudan's accountability

internationally.

"(8) The Government of Sudan has repeatedly stated that it

intends to use the expected proceeds from future oil sales to

increase the tempo and lethality of the war against the areas

outside of its control.

"(9) By regularly banning air transport relief flights by the

United Nations relief operation OLS, the Government of Sudan has

been able to manipulate the receipt of food aid by the Sudanese

people from the United States and other donor countries as a

devastating weapon of war in the ongoing effort by the Government

of Sudan to starve targeted groups and subdue areas of Sudan

outside of the Government's control.

"(10) The acts of the Government of Sudan, including the acts

described in this section, constitute genocide as defined by the

Convention on the Prevention and Punishment of the Crime of

Genocide (78 U.N.T.S. 277).

"(11) The efforts of the United States and other donors in

delivering relief and assistance through means outside of OLS

have played a critical role in addressing the deficiencies in OLS

and offset the Government of Sudan's manipulation of food

donations to advantage in the civil war in Sudan.

"(12) While the immediate needs of selected areas in Sudan

facing starvation have been addressed in the near term, the

population in areas of Sudan outside of the control of the

Government of Sudan are still in danger of extreme disruption of

their ability to sustain themselves.

"(13) The Nuba Mountains and many areas in Bahr al Ghazal and

the Upper Nile and the Blue Nile regions have been excluded

completely from relief distribution by OLS, consequently placing

their populations at increased risk of famine.

"(14) At a cost which has sometimes exceeded $1,000,000 per

day, and with a primary focus on providing only for the immediate

food needs of the recipients, the current international relief

operations are neither sustainable nor desirable in the long

term.

"(15) The ability of populations to defend themselves against

attack in areas outside of the control of the Government of Sudan

has been severely compromised by the disengagement of the

front-line states of Ethiopia, Eritrea, and Uganda, fostering the

belief among officials of the Government of Sudan that success on

the battlefield can be achieved.

"(16) The United States should use all means of pressure

available to facilitate a comprehensive solution to the war in

Sudan, including -

"(A) the multilateralization of economic and diplomatic tools

to compel the Government of Sudan to enter into a good faith

peace process;

"(B) the support or creation of viable democratic civil

authority and institutions in areas of Sudan outside of

government control;

"(C) continued active support of people-to-people

reconciliation mechanisms and efforts in areas outside of

government control;

"(D) the strengthening of the mechanisms to provide

humanitarian relief to those areas; and

"(E) cooperation among the trading partners of the United

States and within multilateral institutions toward those ends.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Appropriate congressional committees. - The term

'appropriate congressional committees' means the Committee on

International Relations of the House of Representatives and the

Committee on Foreign Relations of the Senate.

"(2) Government of sudan. - The term 'Government of Sudan'

means the National Islamic Front government in Khartoum, Sudan.

"(3) OLS. - The term 'OLS' means the United Nations relief

operation carried out by UNICEF, the World Food Program, and

participating relief organizations known as 'Operation Lifeline

Sudan'.

"SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND

TACTICS OF THE GOVERNMENT OF SUDAN.

"The Congress hereby -

"(1) condemns -

"(A) violations of human rights on all sides of the conflict

in Sudan;

"(B) the Government of Sudan's overall human rights record,

with regard to both the prosecution of the war and the denial

of basic human and political rights to all Sudanese;

"(C) the ongoing slave trade in Sudan and the role of the

Government of Sudan in abetting and tolerating the practice;

"(D) the Government of Sudan's use and organization of

'murahalliin' or 'mujahadeen', Popular Defense Forces, and

regular Sudanese Army units into organized and coordinated

raiding and slaving parties in Bahr al Ghazal, the Nuba

Mountains, and the Upper Nile and the Blue Nile regions; and

"(E) aerial bombardment of civilian targets that is sponsored

by the Government of Sudan; and

"(2) recognizes that, along with selective bans on air

transport relief flights by the Government of Sudan, the use of

raiding and slaving parties is a tool for creating food shortages

and is used as a systematic means to destroy the societies,

culture, and economies of the Dinka, Nuer, and Nuba peoples in a

policy of low-intensity ethnic cleansing.

"SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.

"(a) Assistance to Sudan. - The President is authorized to

provide increased assistance to the areas of Sudan that are not

controlled by the Government of Sudan to prepare the population for

peace and democratic governance, including support for civil

administration, communications infrastructure, education, health,

and agriculture.

"(b) Authorization of Appropriations. -

"(1) In general. - There are authorized to be appropriated to

the President to carry out the activities described in subsection

(a) of this section $100,000,000 for each of the fiscal years

2003, 2004, and 2005.

"(2) Availability. - Amounts appropriated pursuant to the

authorization of appropriations under paragraph (1) of this

subsection are authorized to remain available until expended.

"SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.

"(a) Findings. - Congress hereby -

"(1) recognizes that -

"(A) a single, viable internationally and regionally

sanctioned peace process holds the greatest opportunity to

promote a negotiated, peaceful settlement to the war in Sudan;

and

"(B) resolution to the conflict in Sudan is best made through

a peace process based on the Declaration of Principles reached

in Nairobi, Kenya, on July 20, 1994, and on the Machakos

Protocol in July 2002; and

"(2) commends the efforts of Special Presidential Envoy,

Senator Danforth and his team in working to assist the parties to

the conflict in Sudan in finding a just, permanent peace to the

conflict in Sudan.

"(b) Measures of Certain Conditions Not Met. -

"(1) Presidential determination. -

"(A) The President shall make a determination and certify in

writing to the appropriate congressional committees within 6

months after the date of enactment of this Act [Oct. 21, 2002],

and each 6 months thereafter, that the Government of Sudan and

the Sudan People's Liberation Movement are negotiating in good

faith and that negotiations should continue.

"(B) If, under subparagraph (A) the President determines and

certifies in writing to the appropriate congressional

committees that the Government of Sudan has not engaged in good

faith negotiations to achieve a permanent, just, and equitable

peace agreement, or has unreasonably interfered with

humanitarian efforts, then the President, after consultation

with the Congress, shall implement the measures set forth in

paragraph (2).

"(C) If, under paragraph (A) the President determines and

certifies in writing to the appropriate congressional

committees that the Sudan People's Liberation Movement has not

engaged in good faith negotiations to achieve a permanent,

just, and equitable peace agreement, then paragraph (2) shall

not apply to the Government of Sudan.

"(D) If the President certifies to the appropriate

congressional committees that the Government of Sudan is not in

compliance with the terms of a permanent peace agreement

between the Government of Sudan and the Sudan People's

Liberation Movement, then the President, after consultation

with the Congress, shall implement the measures set forth in

paragraph (2).

"(E) If, at any time after the President has made a

certification under subparagraph (B), the President makes a

determination and certifies in writing to the appropriate

congressional committees that the Government of Sudan has

resumed good faith negotiations, or makes a determination and

certifies in writing to the appropriate congressional

committees that the Government of Sudan is in compliance with a

peace agreement, then paragraph (2) shall not apply to the

Government of Sudan.

"(2) Measures in support of the peace process. - Subject to the

provisions of paragraph (1), the President -

"(A) shall, through the Secretary of the Treasury, instruct

the United States executive directors to each international

financial institution to continue to vote against and actively

oppose any extension by the respective institution of any loan,

credit, or guarantee to the Government of Sudan;

"(B) should consider downgrading or suspending diplomatic

relations between the United States and the Government of

Sudan;

"(C) shall take all necessary and appropriate steps,

including through multilateral efforts, to deny the Government

of Sudan access to oil revenues to ensure that the Government

of Sudan neither directly nor indirectly utilizes any oil

revenues to purchase or acquire military equipment or to

finance any military activities; and

"(D) shall seek a United Nations Security Council Resolution

to impose an arms embargo on the Government of Sudan.

"(c) Report on the Status of Negotiations. - If, at any time

after the President has made a certification under subsection

(b)(1)(A), the Government of Sudan discontinues negotiations with

the Sudan People's Liberation Movement for a 14-day period, then

the President shall submit a quarterly report to the appropriate

congressional committees on the status of the peace process until

negotiations resume.

"(d) Report on United States Opposition To Financing by

International Financial Institutions. - The Secretary of the

Treasury shall submit a semiannual report to the appropriate

congressional committees describing the steps taken by the United

States to oppose the extension of a loan, credit, or guarantee if,

after the Secretary of the Treasury gives the instructions

described in subsection (b)(2)(A), such financing is extended.

"(e) Report on Efforts To Deny Oil Revenues. - Not later than 45

days after the President takes an action under subsection

(b)(2)(C), the President shall submit to the appropriate

congressional committees a comprehensive plan for implementing the

actions described in such subsection.

"(f) Definition. - In this section, the term 'international

financial institution' means the International Bank for

Reconstruction and Development, the International Development

Association, the International Monetary Fund, the African

Development Bank, and the African Development Fund.

"SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.

"It is the sense of Congress that -

"(1) the United Nations should help facilitate peace and

recovery in Sudan;

"(2) the President, acting through the United States Permanent

Representative to the United Nations, should seek to end the veto

power of the Government of Sudan over the plans by OLS for air

transport relief flights and, by doing so, to end the

manipulation of the delivery of relief supplies to the advantage

of the Government of Sudan on the battlefield; and

"(3) the President should take appropriate measures, including

the implementation of recommendations of the International

Eminent Persons Commission contained in the report issued on May

22, 2002, to end slavery and aerial bombardment of civilians by

the Government of Sudan.

"SEC. 8. REPORTING REQUIREMENT.

"Not later than 6 months after the date of the enactment of this

Act [Oct. 21, 2002], and annually thereafter, the Secretary of

State shall prepare and submit to the appropriate congressional

committees a report regarding the conflict in Sudan. Such report

shall include -

"(1) a description of the sources and current status of Sudan's

financing and construction of infrastructure and pipelines for

oil exploitation, the effects of such financing and construction

on the inhabitants of the regions in which the oil fields are

located, and the ability of the Government of Sudan to finance

the war in Sudan with the proceeds of the oil exploitation;

"(2) a description of the extent to which that financing was

secured in the United States or with involvement of United States

citizens;

"(3) the best estimates of the extent of aerial bombardment by

the Government of Sudan, including targets, frequency, and best

estimates of damage; and

"(4) a description of the extent to which humanitarian relief

has been obstructed or manipulated by the Government of Sudan or

other forces.

"SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF

EFFORTS.

"(a) Sense of Congress. - It is the sense of the Congress that

the President should continue to increase the use of non-OLS

agencies in the distribution of relief supplies in southern Sudan.

"(b) Report. - Not later than 90 days after the date of enactment

of this Act [Oct. 21, 2002], the President shall submit to the

appropriate congressional committees a detailed report describing

the progress made toward carrying out subsection (a).

"SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF

FLIGHTS.

"(a) Plan. - The President shall develop a contingency plan to

provide, outside the auspices of the United Nations if necessary,

the greatest possible amount of United States Government and

privately donated relief to all affected areas in Sudan, including

the Nuba Mountains and the Upper Nile and the Blue Nile regions, in

the event that the Government of Sudan imposes a total, partial, or

incremental ban on OLS air transport relief flights.

"(b) Reprogramming Authority. - Notwithstanding any other

provision of law, in carrying out the plan developed under

subsection (a), the President may reprogram up to 100 percent of

the funds available for support of OLS operations for the purposes

of the plan.

"SEC. 11. INVESTIGATION OF WAR CRIMES.

"(a) In General. - The Secretary of State shall collect

information about incidents which may constitute crimes against

humanity, genocide, war crimes, and other violations of

international humanitarian law by all parties to the conflict in

Sudan, including slavery, rape, and aerial bombardment of civilian

targets.

"(b) Report. - Not later than 6 months after the date of the

enactment of this Act [Oct. 21, 2002] and annually thereafter, the

Secretary of State shall prepare and submit to the appropriate

congressional committees a detailed report on the information that

the Secretary of State has collected under subsection (a) and any

findings or determinations made by the Secretary on the basis of

that information. The report under this subsection may be submitted

as part of the report required under section 8.

"(c) Consultations With Other Departments. - In preparing the

report required by this section, the Secretary of State shall

consult and coordinate with all other Government officials who have

information necessary to complete the report. Nothing contained in

this section shall require the disclosure, on a classified or

unclassified basis, of information that would jeopardize sensitive

sources and methods or other vital national security interests."

ASSISTANCE EFFORTS IN SUDAN

Pub. L. 106-570, title V, Sec. 501, Dec. 27, 2000, 114 Stat.

3050, provided that:

"(a) Additional Authorities. - Notwithstanding any other

provision of law, the President is authorized to undertake

appropriate programs using Federal agencies, contractual

arrangements, or direct support of indigenous groups, agencies, or

organizations in areas outside of control of the Government of

Sudan in an effort to provide emergency relief, promote economic

self-sufficiency, build civil authority, provide education, enhance

rule of law and the development of judicial and legal frameworks,

support people-to-people reconciliation efforts, or implement any

program in support of any viable peace agreement at the local,

regional, or national level in Sudan.

"(b) Exception to Export Prohibitions. - Notwithstanding any

other provision of law, the prohibitions set forth with respect to

Sudan in Executive Order No. 13067 of November 3, 1997 (62 Fed.

Register 59989) [set out below] shall not apply to any export from

an area in Sudan outside of control of the Government of Sudan, or

to any necessary transaction directly related to that export, if

the President determines that the export or related transaction, as

the case may be, would directly benefit the economic development of

that area and its people."

IRAN NONPROLIFERATION

Pub. L. 106-178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub.

L. 107-228, div. B, title XIII, Sec. 1306, Sept. 30, 2002, 116

Stat. 1438, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Iran Nonproliferation Act of

2000'.

"SEC. 2. REPORTS ON PROLIFERATION TO IRAN.

"(a) Reports. - The President shall, at the times specified in

subsection (b), submit to the Committee on International Relations

of the House of Representatives and the Committee on Foreign

Relations of the Senate a report identifying every foreign person

with respect to whom there is credible information indicating that

that person, on or after January 1, 1999, transferred to Iran -

"(1) goods, services, or technology listed on -

"(A) the Nuclear Suppliers Group Guidelines for the Export of

Nuclear Material, Equipment and Technology (published by the

International Atomic Energy Agency as Information Circular

INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and

Guidelines for Transfers of Nuclear-Related Dual-Use Equipment,

Material, and Related Technology (published by the

International Atomic Energy Agency as Information Circular

INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions);

"(B) the Missile Technology Control Regime Equipment and

Technology Annex of June 11, 1996, and subsequent revisions;

"(C) the lists of items and substances relating to biological

and chemical weapons the export of which is controlled by the

Australia Group;

"(D) the Schedule One or Schedule Two list of toxic chemicals

and precursors the export of which is controlled pursuant to

the Convention on the Prohibition of the Development,

Production, Stockpiling and Use of Chemical Weapons and on

Their Destruction; or

"(E) the Wassenaar Arrangement list of Dual Use Goods and

Technologies and Munitions list of July 12, 1996, and

subsequent revisions; or

"(2) goods, services, or technology not listed on any list

identified in paragraph (1) but which nevertheless would be, if

they were United States goods, services, or technology,

prohibited for export to Iran because of their potential to make

a material contribution to the development of nuclear,

biological, or chemical weapons, or of ballistic or cruise

missile systems.

"(b) Timing of Reports. - The reports under subsection (a) shall

be submitted not later than 90 days after the date of the enactment

of this Act [Mar. 14, 2000], not later than 6 months after such

date of enactment, and not later than the end of each 6-month

period thereafter.

"(c) Exceptions. - Any foreign person who -

"(1) was identified in a previous report submitted under

subsection (a) on account of a particular transfer; or

"(2) has engaged in a transfer on behalf of, or in concert

with, the Government of the United States,

is not required to be identified on account of that same transfer

in any report submitted thereafter under this section, except to

the degree that new information has emerged indicating that the

particular transfer may have continued, or been larger, more

significant, or different in nature than previously reported under

this section.

"(d) Submission in Classified Form. - When the President

considers it appropriate, reports submitted under subsection (a),

or appropriate parts thereof, may be submitted in classified form.

"(e) Content of Reports. - Each report under subsection (a) shall

contain, with respect to each foreign person identified in such

report, a brief description of the type and quantity of the goods,

services, or technology transferred by that person to Iran, the

circumstances surrounding the transfer, the usefulness of the

transfer to Iranian weapons programs, and the probable awareness or

lack thereof of the transfer on the part of the government with

primary jurisdiction over the person.

"SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

"(a) Application of Measures. - Subject to sections 4 and 5, the

President is authorized to apply with respect to each foreign

person identified in a report submitted pursuant to section 2(a),

for such period of time as he may determine, any or all of the

measures described in subsection (b).

"(b) Description of Measures. - The measures referred to in

subsection (a) are the following:

"(1) Executive order no. 12938 prohibitions. - The measures set

forth in subsections (b) and (c) of section 4 of Executive Order

No. 12938.

"(2) Arms export prohibition. - Prohibition on United States

Government sales to that foreign person of any item on the United

States Munitions List as in effect on August 8, 1995, and

termination of sales to that person of any defense articles,

defense services, or design and construction services under the

Arms Export Control Act [22 U.S.C. 2751 et seq.].

"(3) Dual use export prohibition. - Denial of licenses and

suspension of existing licenses for the transfer to that person

of items the export of which is controlled under the Export

Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] or the

Export Administration Regulations.

"(c) Effective Date of Measures. - Measures applied pursuant to

subsection (a) shall be effective with respect to a foreign person

no later than -

"(1) 90 days after the report identifying the foreign person is

submitted, if the report is submitted on or before the date

required by section 2(b);

"(2) 90 days after the date required by section 2(b) for

submitting the report, if the report identifying the foreign

person is submitted within 60 days after that date; or

"(3) on the date that the report identifying the foreign person

is submitted, if that report is submitted more than 60 days after

the date required by section 2(b).

"(d) Publication in Federal Register. - The application of

measures to a foreign person pursuant to subsection (a) shall be

announced by notice published in the Federal Register.

"SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.

"(a) Requirement To Notify Congress. - Should the President not

exercise the authority of section 3(a) to apply any or all of the

measures described in section 3(b) with respect to a foreign person

identified in a report submitted pursuant to section 2(a), he shall

so notify the Committee on International Relations of the House of

Representatives and the Committee on Foreign Relations of the

Senate no later than the effective date under section 3(c) for

measures with respect to that person.

"(b) Written Justification. - Any notification submitted by the

President under subsection (a) shall include a written

justification describing in detail the facts and circumstances

relating specifically to the foreign person identified in a report

submitted pursuant to section 2(a) that support the President's

decision not to exercise the authority of section 3(a) with respect

to that person.

"(c) Submission in Classified Form. - When the President

considers it appropriate, the notification of the President under

subsection (a), and the written justification under subsection (b),

or appropriate parts thereof, may be submitted in classified form.

"SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3

AND 4.

"(a) In General. - Sections 3 and 4 shall not apply to a foreign

person 15 days after the President reports to the Committee on

International Relations of the House of Representatives and the

Committee on Foreign Relations of the Senate that the President has

determined, on the basis of information provided by that person, or

otherwise obtained by the President, that -

"(1) the person did not, on or after January 1, 1999, knowingly

transfer to Iran the goods, services, or technology the apparent

transfer of which caused that person to be identified in a report

submitted pursuant to section 2(a);

"(2) the goods, services, or technology the transfer of which

caused that person to be identified in a report submitted

pursuant to section 2(a) did not materially contribute to Iran's

efforts to develop nuclear, biological, or chemical weapons, or

ballistic or cruise missile systems, or weapons listed on the

Wassenaar Arrangement Munitions List of July 12, 1996, or any

subsequent revision of that list;

"(3) the person is subject to the primary jurisdiction of a

government that is an adherent to one or more relevant

nonproliferation regimes, the person was identified in a report

submitted pursuant to section 2(a) with respect to a transfer of

goods, services, or technology described in section 2(a)(1), and

such transfer was made consistent with the guidelines and

parameters of all such relevant regimes of which such government

is an adherent; or

"(4) the government with primary jurisdiction over the person

has imposed meaningful penalties on that person on account of the

transfer of the goods, services, or technology which caused that

person to be identified in a report submitted pursuant to section

2(a).

"(b) Opportunity To Provide Information. - Congress urges the

President -

"(1) in every appropriate case, to contact in a timely fashion

each foreign person identified in each report submitted pursuant

to section 2(a), or the government with primary jurisdiction over

such person, in order to afford such person, or governments, the

opportunity to provide explanatory, exculpatory, or other

additional information with respect to the transfer that caused

such person to be identified in a report submitted pursuant to

section 2(a); and

"(2) to exercise the authority in subsection (a) in all cases

where information obtained from a foreign person identified in a

report submitted pursuant to section 2(a), or from the government

with primary jurisdiction over such person, establishes that the

exercise of such authority is warranted.

"(c) Submission in Classified Form. - When the President

considers it appropriate, the determination and report of the

President under subsection (a), or appropriate parts thereof, may

be submitted in classified form.

"SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH

THE INTERNATIONAL SPACE STATION.

"(a) Restriction on Extraordinary Payments in Connection With the

International Space Station. - Notwithstanding any other provision

of law, no agency of the United States Government may make

extraordinary payments in connection with the International Space

Station to the Russian Aviation and Space Agency, any organization

or entity under the jurisdiction or control of the Russian Aviation

and Space Agency, or any other organization, entity, or element of

the Government of the Russian Federation, unless, during the fiscal

year in which the extraordinary payments in connection with the

International Space Station are to be made, the President has made

the determination described in subsection (b), and reported such

determination to the Committee on International Relations and the

Committee on Science of the House of Representatives and the

Committee on Foreign Relations and the Committee on Commerce,

Science, and Transportation of the Senate.

"(b) Determination Regarding Russian Cooperation in Preventing

Proliferation to Iran. - The determination referred to in

subsection (a) is a determination by the President that -

"(1) it is the policy of the Government of the Russian

Federation to oppose the proliferation to Iran of weapons of mass

destruction and missile systems capable of delivering such

weapons;

"(2) the Government of the Russian Federation (including the

law enforcement, export promotion, export control, and

intelligence agencies of such government) has demonstrated and

continues to demonstrate a sustained commitment to seek out and

prevent the transfer to Iran of goods, services, and technology

that could make a material contribution to the development of

nuclear, biological, or chemical weapons, or of ballistic or

cruise missile systems; and

"(3) neither the Russian Aviation and Space Agency, nor any

organization or entity under the jurisdiction or control of the

Russian Aviation and Space Agency, has, during the 1-year period

prior to the date of the determination pursuant to this

subsection, made transfers to Iran reportable under section 2(a)

of this Act (other than transfers with respect to which a

determination pursuant to section 5 has been or will be made).

"(c) Prior Notification. - Not less than 5 days before making a

determination under subsection (b), the President shall notify the

Committee on International Relations and the Committee on Science

of the House of Representatives and the Committee on Foreign

Relations and the Committee on Commerce, Science, and

Transportation of the Senate of his intention to make such

determination.

"(d) Written Justification. - A determination of the President

under subsection (b) shall include a written justification

describing in detail the facts and circumstances supporting the

President's conclusion.

"(e) Submission in Classified Form. - When the President

considers it appropriate, a determination of the President under

subsection (b), a prior notification under subsection (c), and a

written justification under subsection (d), or appropriate parts

thereof, may be submitted in classified form.

"(f) Exception for Crew Safety. -

"(1) Exception. - The National Aeronautics and Space

Administration may make extraordinary payments that would

otherwise be prohibited under this section to the Russian

Aviation and Space Agency or any organization or entity under the

jurisdiction or control of the Russian Aviation and Space Agency

if the President has notified the Congress in writing that such

payments are necessary to prevent the imminent loss of life by or

grievous injury to individuals aboard the International Space

Station.

"(2) Report. - Not later than 30 days after notifying Congress

that the National Aeronautics and Space Administration will make

extraordinary payments under paragraph (1), the President shall

submit to Congress a report describing -

"(A) the extent to which the provisions of subsection (b) had

been met as of the date of notification; and

"(B) the measures that the National Aeronautics and Space

Administration is taking to ensure that -

"(i) the conditions posing a threat of imminent loss of

life by or grievous injury to individuals aboard the

International Space Station necessitating the extraordinary

payments are not repeated; and

"(ii) it is no longer necessary to make extraordinary

payments in order to prevent imminent loss of life by or

grievous injury to individuals aboard the International Space

Station.

"(g) Service Module Exception. -

"(1) The National Aeronautics and Space Administration may make

extraordinary payments that would otherwise be prohibited under

this section to the Russian Aviation and Space Agency, any

organization or entity under the jurisdiction or control of the

Russian Aviation and Space Agency, or any subcontractor thereof

for the construction, testing, preparation, delivery, launch, or

maintenance of the Service Module, and for the purchase (at a

total cost not to exceed $14,000,000) of the pressure dome for

the Interim Control Module and the Androgynous Peripheral Docking

Adapter and related hardware for the United States propulsion

module, if -

"(A) the President has notified Congress at least 5 days

before making such payments;

"(B) no report has been made under section 2 with respect to

an activity of the entity to receive such payment, and the

President has no credible information of any activity that

would require such a report; and

"(C) the United States will receive goods or services of

value to the United States commensurate with the value of the

extraordinary payments made.

"(2) For purposes of this subsection, the term 'maintenance'

means activities which cannot be performed by the National

Aeronautics and Space Administration and which must be performed

in order for the Service Module to provide environmental control,

life support, and orbital maintenance functions which cannot be

performed by an alternative means at the time of payment.

"(3) This subsection shall cease to be effective 60 days after

a United States propulsion module is in place at the

International Space Station.

"(h) Exception. - Notwithstanding subsections (a) and (b), no

agency of the United States Government may make extraordinary

payments in connection with the International Space Station to any

foreign person subject to measures applied pursuant to -

"(1) section 3 of this Act; or

"(2) section 4 of Executive Order No. 12938 (November 14,

1994), as amended by Executive Order No. 13094 (July 28, 1998).

Such payments shall also not be made to any other entity if the

agency of the United States Government anticipates that such

payments will be passed on to such a foreign person.

"SEC. 7. DEFINITIONS.

"For purposes of this Act, the following terms have the following

meanings:

"(1) Extraordinary payments in connection with the

international space station. - The term 'extraordinary payments

in connection with the International Space Station' means

payments in cash or in kind made or to be made by the United

States Government -

"(A) for work on the International Space Station which the

Russian Government pledged at any time to provide at its

expense; or

"(B) for work on the International Space Station, or for the

purchase of goods or services relating to human space flight,

that are not required to be made under the terms of a contract

or other agreement that was in effect on January 1, 1999, as

those terms were in effect on such date.

"(2) Foreign person; person. - The terms 'foreign person' and

'person' mean -

"(A) a natural person that is an alien;

"(B) a corporation, business association, partnership,

society, trust, or any other nongovernmental entity,

organization, or group, that is organized under the laws of a

foreign country or has its principal place of business in a

foreign country;

"(C) any foreign governmental entity operating as a business

enterprise; and

"(D) any successor, subunit, or subsidiary of any entity

described in subparagraph (B) or (C).

"(3) Executive order no. 12938. - The term 'Executive Order No.

12938' means Executive Order No. 12938 [set out below] as in

effect on January 1, 1999.

"(4) Adherent to relevant nonproliferation regime. - A

government is an 'adherent' to a 'relevant nonproliferation

regime' if that government -

"(A) is a member of the Nuclear Suppliers Group with respect

to a transfer of goods, services, or technology described in

section 2(a)(1)(A);

"(B) is a member of the Missile Technology Control Regime

with respect to a transfer of goods, services, or technology

described in section 2(a)(1)(B), or is a party to a binding

international agreement with the United States that was in

effect on January 1, 1999, to control the transfer of such

goods, services, or technology in accordance with the criteria

and standards set forth in the Missile Technology Control

Regime;

"(C) is a member of the Australia Group with respect to a

transfer of goods, services, or technology described in section

2(a)(1)(C);

"(D) is a party to the Convention on the Prohibition of the

Development, Production, Stockpiling and Use of Chemical

Weapons and on Their Destruction with respect to a transfer of

goods, services, or technology described in section 2(a)(1)(D);

or

"(E) is a member of the Wassenaar Arrangement with respect to

a transfer of goods, services, or technology described in

section 2(a)(1)(E).

"(5) Organization or entity under the jurisdiction or control

of the Russian Aviation and Space Agency. -

"(A) The term 'organization or entity under the jurisdiction

or control of the Russian Aviation and Space Agency' means an

organization or entity that -

"(i) was made part of the Russian Space Agency upon its

establishment on February 25, 1992;

"(ii) was transferred to the Russian Space Agency by decree

of the Russian Government on July 25, 1994, or May 12, 1998;

"(iii) was or is transferred to the Russian Aviation and

Space Agency or Russian Space Agency by decree of the Russian

Government at any other time before, on, or after the date of

the enactment of this Act [Mar. 14, 2000]; or

"(iv) is a joint stock company in which the Russian

Aviation and Space Agency or Russian Space Agency has at any

time held controlling interest.

"(B) Any organization or entity described in subparagraph (A)

shall be deemed to be under the jurisdiction or control of the

Russian Aviation and Space Agency regardless of whether -

"(i) such organization or entity, after being part of or

transferred to the Russian Aviation and Space Agency or

Russian Space Agency, is removed from or transferred out of

the Russian Aviation and Space Agency or Russian Space

Agency; or

"(ii) the Russian Aviation and Space Agency or Russian

Space Agency, after holding a controlling interest in such

organization or entity, divests its controlling interest."

[Memorandum of President of the United States, Sept. 11, 2000, 65

F.R. 56209, delegated to the Secretary of State functions and

authorities conferred on the President under Pub. L. 106-178, set

out above, with the exception of section 6(f) and (g), from which

were delegated to the Secretary of State only section 6(f)(2)(A)

and (g)(1)(B), with the remaining functions and authorities under

section 6(f) and (g) delegated to the Administrator of the National

Aeronautics and Space Administration, and provided that authorities

and functions delegated by the memorandum could be redelegated.]

APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY

ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES

Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998, 112

Stat. 2160, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title

XII, Sec. 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330, provided

that:

"(a) Presidential Authority. -

"(1) In general. - The President may exercise IEEPA authorities

(other than authorities relating to importation) without regard

to section 202 of the International Emergency Economic Powers Act

(50 U.S.C. 1701) in the case of any commercial activity in the

United States by a person that is on the list published under

subsection (b).

"(2) Penalties. - The penalties set forth in section 206 of the

International Emergency Economic Powers Act (50 U.S.C. 1705)

apply to violations of any license, order, or regulation issued

under paragraph (1).

"(3) Ieepa authorities. - For purposes of paragraph (1), the

term 'IEEPA authorities' means the authorities set forth in

section 203(a) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(a)).

"(b) Determination and Reporting of Communist Chinese Military

Companies Operating in United States. -

"(1) Initial determination and reporting. - Not later than

March 1, 2001, the Secretary of Defense shall make a

determination of those persons operating directly or indirectly

in the United States or any of its territories and possessions

that are Communist Chinese military companies and shall submit a

list of those persons in classified and unclassified form to the

following:

"(A) The Committee on Armed Services of the House of

Representatives.

"(B) The Committee on Armed Services of the Senate.

"(C) The Secretary of State.

"(D) The Secretary of the Treasury.

"(E) The Attorney General.

"(F) The Secretary of Commerce.

"(G) The Secretary of Energy.

"(H) The Director of Central Intelligence.

"(2) Annual revisions to the list. - The Secretary of Defense

shall make additions or deletions to the list submitted under

paragraph (1) on an annual basis based on the latest information

available and shall submit the updated list not later than

February 1, each year to the committees and officers specified in

paragraph (1).

"(3) Consultation. - The Secretary of Defense shall consult

with the following officers in carrying out paragraphs (1) and

(2):

"(A) The Attorney General.

"(B) The Director of Central Intelligence.

"(C) The Director of the Federal Bureau of Investigation.

"(4) Communist chinese military company. - For purposes of

making the determination required by paragraph (1) and of

carrying out paragraph (2), the term 'Communist Chinese military

company' means -

"(A) any person identified in the Defense Intelligence Agency

publication numbered VP-1920-271-90, dated September 1990, or

PC-1921-57-95, dated October 1995, and any update of those

publications for the purposes of this section; and

"(B) any other person that -

"(i) is owned or controlled by the People's Liberation

Army; and

"(ii) is engaged in providing commercial services,

manufacturing, producing, or exporting.

"(c) People's Liberation Army. - For purposes of this section,

the term 'People's Liberation Army' means the land, naval, and air

military services, the police, and the intelligence services of the

Communist Government of the People's Republic of China, and any

member of any such service or of such police."

IRAN AND LIBYA SANCTIONS

Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub.

L. 107-24, Secs. 2(a), 3-5, 115 Stat. 199, 200, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Iran and Libya Sanctions Act of

1996'.

"SEC. 2. FINDINGS.

"The Congress makes the following findings:

"(1) The efforts of the Government of Iran to acquire weapons

of mass destruction and the means to deliver them and its support

of acts of international terrorism endanger the national security

and foreign policy interests of the United States and those

countries with which the United States shares common strategic

and foreign policy objectives.

"(2) The objective of preventing the proliferation of weapons

of mass destruction and acts of international terrorism through

existing multilateral and bilateral initiatives requires

additional efforts to deny Iran the financial means to sustain

its nuclear, chemical, biological, and missile weapons programs.

"(3) The Government of Iran uses its diplomatic facilities and

quasi-governmental institutions outside of Iran to promote acts

of international terrorism and assist its nuclear, chemical,

biological, and missile weapons programs.

"(4) The failure of the Government of Libya to comply with

Resolutions 731, 748, and 883 of the Security Council of the

United Nations, its support of international terrorism, and its

efforts to acquire weapons of mass destruction constitute a

threat to international peace and security that endangers the

national security and foreign policy interests of the United

States and those countries with which it shares common strategic

and foreign policy objectives.

"SEC. 3. DECLARATION OF POLICY.

"(a) Policy With Respect to Iran. - The Congress declares that it

is the policy of the United States to deny Iran the ability to

support acts of international terrorism and to fund the development

and acquisition of weapons of mass destruction and the means to

deliver them by limiting the development of Iran's ability to

explore for, extract, refine, or transport by pipeline petroleum

resources of Iran.

"(b) Policy With Respect to Libya. - The Congress further

declares that it is the policy of the United States to seek full

compliance by Libya with its obligations under Resolutions 731,

748, and 883 of the Security Council of the United Nations,

including ending all support for acts of international terrorism

and efforts to develop or acquire weapons of mass destruction.

"SEC. 4. MULTILATERAL REGIME.

"(a) Multilateral Negotiations. - In order to further the

objectives of section 3, the Congress urges the President to

commence immediately diplomatic efforts, both in appropriate

international fora such as the United Nations, and bilaterally with

allies of the United States, to establish a multilateral sanctions

regime against Iran, including provisions limiting the development

of petroleum resources, that will inhibit Iran's efforts to carry

out activities described in section 2.

"(b) Reports to Congress. - The President shall report to the

appropriate congressional committees, not later than 1 year after

the date of the enactment of this Act [Aug. 5, 1996], and

periodically thereafter, on the extent that diplomatic efforts

described in subsection (a) have been successful. Each report shall

include -

"(1) the countries that have agreed to undertake measures to

further the objectives of section 3 with respect to Iran, and a

description of those measures; and

"(2) the countries that have not agreed to measures described

in paragraph (1), and, with respect to those countries, other

measures (in addition to that provided in subsection (d)) the

President recommends that the United States take to further the

objectives of section 3 with respect to Iran.

"(c) Waiver. - The President may waive the application of section

5(a) with respect to nationals of a country if -

"(1) that country has agreed to undertake substantial measures,

including economic sanctions, that will inhibit Iran's efforts to

carry out activities described in section 2 and information

required by subsection (b)(1) has been included in a report

submitted under subsection (b); and

"(2) the President, at least 30 days before the waiver takes

effect, notifies the appropriate congressional committees of his

intention to exercise the waiver.

"(d) Enhanced Sanction. -

"(1) Sanction. - With respect to nationals of countries except

those with respect to which the President has exercised the

waiver authority of subsection (c), at any time after the first

report is required to be submitted under subsection (b), section

5(a) shall be applied by substituting '$20,000,000' for

'$40,000,000' each place it appears, and by substituting

'$5,000,000' for '$10,000,000'.

"(2) Report to congress. - The President shall report to the

appropriate congressional committees any country with respect to

which paragraph (1) applies.

"(e) Interim Report on Multilateral Sanctions; Monitoring. - The

President, not later than 90 days after the date of the enactment

of this Act, shall report to the appropriate congressional

committees on -

"(1) whether the member states of the European Union, the

Republic of Korea, Australia, Israel, or Japan have legislative

or administrative standards providing for the imposition of trade

sanctions on persons or their affiliates doing business or having

investments in Iran or Libya;

"(2) the extent and duration of each instance of the

application of such sanctions; and

"(3) the disposition of any decision with respect to such

sanctions by the World Trade Organization or its predecessor

organization.

"SEC. 5. IMPOSITION OF SANCTIONS.

"(a) Sanctions With Respect to Iran. - Except as provided in

subsection (f), the President shall impose 2 or more of the

sanctions described in paragraphs (1) through (6) of section 6 if

the President determines that a person has, with actual knowledge,

on or after the date of the enactment of this Act [Aug. 5, 1996],

made an investment of $40,000,000 or more (or any combination of

investments of at least $10,000,000 each, which in the aggregate

equals or exceeds $40,000,000 in any 12-month period), that

directly and significantly contributed to the enhancement of Iran's

ability to develop petroleum resources of Iran.

"(b) Mandatory Sanctions With Respect to Libya. -

"(1) Violations of prohibited transactions. - Except as

provided in subsection (f), the President shall impose 2 or more

of the sanctions described in paragraphs (1) through (6) of

section 6 if the President determines that a person has, with

actual knowledge, on or after the date of the enactment of this

Act, exported, transferred, or otherwise provided to Libya any

goods, services, technology, or other items the provision of

which is prohibited under paragraph 4(b) or 5 of Resolution 748

of the Security Council of the United Nations, adopted March 31,

1992, or under paragraph 5 or 6 of Resolution 883 of the Security

Council of the United Nations, adopted November 11, 1993, if the

provision of such items significantly and materially -

"(A) contributed to Libya's ability to acquire chemical,

biological, or nuclear weapons or destabilizing numbers and

types of advanced conventional weapons or enhanced Libya's

military or paramilitary capabilities;

"(B) contributed to Libya's ability to develop its petroleum

resources; or

"(C) contributed to Libya's ability to maintain its aviation

capabilities.

"(2) Investments that contribute to the development of

petroleum resources. - Except as provided in subsection (f), the

President shall impose 2 or more of the sanctions described in

paragraphs (1) through (6) of section 6 if the President

determines that a person has, with actual knowledge, on or after

the date of the enactment of this Act [Aug. 5, 1996], made an

investment of $20,000,000 or more (or any combination of

investments of at least $10,000,000 each, which in the aggregate

equals or exceeds $20,000,000 in any 12-month period), that

directly and significantly contributed to the enhancement of

Libya's ability to develop its petroleum resources.

"(c) Persons Against Which the Sanctions Are To Be Imposed. - The

sanctions described in subsections (a) and (b) shall be imposed on

-

"(1) any person the President determines has carried out the

activities described in subsection (a) or (b); and

"(2) any person the President determines -

"(A) is a successor entity to the person referred to in

paragraph (1);

"(B) is a parent or subsidiary of the person referred to in

paragraph (1) if that parent or subsidiary, with actual

knowledge, engaged in the activities referred to in paragraph

(1); or

"(C) is an affiliate of the person referred to in paragraph

(1) if that affiliate, with actual knowledge, engaged in the

activities referred to in paragraph (1) and if that affiliate

is controlled in fact by the person referred to in paragraph

(1).

For purposes of this Act, any person or entity described in this

subsection shall be referred to as a 'sanctioned person'.

"(d) Publication in Federal Register. - The President shall cause

to be published in the Federal Register a current list of persons

and entities on whom sanctions have been imposed under this Act.

The removal of persons or entities from, and the addition of

persons and entities to, the list, shall also be so published.

"(e) Publication of Projects. - The President shall cause to be

published in the Federal Register a list of all significant

projects which have been publicly tendered in the oil and gas

sector in Iran.

"(f) Exceptions. - The President shall not be required to apply

or maintain the sanctions under subsection (a) or (b) -

"(1) in the case of procurement of defense articles or defense

services -

"(A) under existing contracts or subcontracts, including the

exercise of options for production quantities to satisfy

requirements essential to the national security of the United

States;

"(B) if the President determines in writing that the person

to which the sanctions would otherwise be applied is a sole

source supplier of the defense articles or services, that the

defense articles or services are essential, and that

alternative sources are not readily or reasonably available; or

"(C) if the President determines in writing that such

articles or services are essential to the national security

under defense coproduction agreements;

"(2) in the case of procurement, to eligible products, as

defined in section 308(4) of the Trade Agreements Act of 1979 (19

U.S.C. 2518(4)), of any foreign country or instrumentality

designated under section 301(b)(1) of that Act (19 U.S.C.

2511(b)(1));

"(3) to products, technology, or services provided under

contracts entered into before the date on which the President

publishes in the Federal Register the name of the person on whom

the sanctions are to be imposed;

"(4) to -

"(A) spare parts which are essential to United States

products or production;

"(B) component parts, but not finished products, essential to

United States products or production; or

"(C) routine servicing and maintenance of products, to the

extent that alternative sources are not readily or reasonably

available;

"(6) to information and technology essential to United States

products or production; or

"(7) to medicines, medical supplies, or other humanitarian

items.

"SEC. 6. DESCRIPTION OF SANCTIONS.

"The sanctions to be imposed on a sanctioned person under section

5 are as follows:

"(1) Export-import bank assistance for exports to sanctioned

persons. - The President may direct the Export-Import Bank of the

United States not to give approval to the issuance of any

guarantee, insurance, extension of credit, or participation in

the extension of credit in connection with the export of any

goods or services to any sanctioned person.

"(2) Export sanction. - The President may order the United

States Government not to issue any specific license and not to

grant any other specific permission or authority to export any

goods or technology to a sanctioned person under -

"(i) the Export Administration Act of 1979 [50 App. 2401 et

seq.];

"(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];

"(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et

seq.]; or

"(iv) any other statute that requires the prior review and

approval of the United States Government as a condition for the

export or reexport of goods or services.

"(3) Loans from united states financial institutions. - The

United States Government may prohibit any United States financial

institution from making loans or providing credits to any

sanctioned person totaling more than $10,000,000 in any 12-month

period unless such person is engaged in activities to relieve

human suffering and the loans or credits are provided for such

activities.

"(4) Prohibitions on financial institutions. - The following

prohibitions may be imposed against a sanctioned person that is a

financial institution:

"(A) Prohibition on designation as primary dealer. - Neither

the Board of Governors of the Federal Reserve System nor the

Federal Reserve Bank of New York may designate, or permit the

continuation of any prior designation of, such financial

institution as a primary dealer in United States Government

debt instruments.

"(B) Prohibition on service as a repository of government

funds. - Such financial institution may not serve as agent of

the United States Government or serve as repository for United

States Government funds.

The imposition of either sanction under subparagraph (A) or (B)

shall be treated as 1 sanction for purposes of section 5, and the

imposition of both such sanctions shall be treated as 2 sanctions

for purposes of section 5.

"(5) Procurement sanction. - The United States Government may

not procure, or enter into any contract for the procurement of,

any goods or services from a sanctioned person.

"(6) Additional sanctions. - The President may impose

sanctions, as appropriate, to restrict imports with respect to a

sanctioned person, in accordance with the International Emergency

Economic Powers Act (50 U.S.C. 1701 and following).

"SEC. 7. ADVISORY OPINIONS.

"The Secretary of State may, upon the request of any person,

issue an advisory opinion to that person as to whether a proposed

activity by that person would subject that person to sanctions

under this Act. Any person who relies in good faith on such an

advisory opinion which states that the proposed activity would not

subject a person to such sanctions, and any person who thereafter

engages in such activity, will not be made subject to such

sanctions on account of such activity.

"SEC. 8. TERMINATION OF SANCTIONS.

"(a) Iran. - The requirement under section 5(a) to impose

sanctions shall no longer have force or effect with respect to Iran

if the President determines and certifies to the appropriate

congressional committees that Iran -

"(1) has ceased its efforts to design, develop, manufacture, or

acquire -

"(A) a nuclear explosive device or related materials and

technology;

"(B) chemical and biological weapons; and

"(C) ballistic missiles and ballistic missile launch

technology; and

"(2) has been removed from the list of countries the

governments of which have been determined, for purposes of

section 6(j) of the Export Administration Act of 1979 [50 App.

2405(j)], to have repeatedly provided support for acts of

international terrorism.

"(b) Libya. - The requirement under section 5(b) to impose

sanctions shall no longer have force or effect with respect to

Libya if the President determines and certifies to the appropriate

congressional committees that Libya has fulfilled the requirements

of United Nations Security Council Resolution 731, adopted January

21, 1992, United Nations Security Council Resolution 748, adopted

March 31, 1992, and United Nations Security Council Resolution 883,

adopted November 11, 1993.

"SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

"(a) Delay of Sanctions. -

"(1) Consultations. - If the President makes a determination

described in section 5(a) or 5(b) with respect to a foreign

person, the Congress urges the President to initiate

consultations immediately with the government with primary

jurisdiction over that foreign person with respect to the

imposition of sanctions under this Act.

"(2) Actions by government of jurisdiction. - In order to

pursue consultations under paragraph (1) with the government

concerned, the President may delay imposition of sanctions under

this Act for up to 90 days. Following such consultations, the

President shall immediately impose sanctions unless the President

determines and certifies to the Congress that the government has

taken specific and effective actions, including, as appropriate,

the imposition of appropriate penalties, to terminate the

involvement of the foreign person in the activities that resulted

in the determination by the President under section 5(a) or 5(b)

concerning such person.

"(3) Additional delay in imposition of sanctions. - The

President may delay the imposition of sanctions for up to an

additional 90 days if the President determines and certifies to

the Congress that the government with primary jurisdiction over

the person concerned is in the process of taking the actions

described in paragraph (2).

"(4) Report to congress. - Not later than 90 days after making

a determination under section 5(a) or 5(b), the President shall

submit to the appropriate congressional committees a report on

the status of consultations with the appropriate foreign

government under this subsection, and the basis for any

determination under paragraph (3).

"(b) Duration of Sanctions. - A sanction imposed under section 5

shall remain in effect -

"(1) for a period of not less than 2 years from the date on

which it is imposed; or

"(2) until such time as the President determines and certifies

to the Congress that the person whose activities were the basis

for imposing the sanction is no longer engaging in such

activities and that the President has received reliable

assurances that such person will not knowingly engage in such

activities in the future, except that such sanction shall remain

in effect for a period of at least 1 year.

"(c) Presidential Waiver. -

"(1) Authority. - The President may waive the requirement in

section 5 to impose a sanction or sanctions on a person described

in section 5(c), and may waive the continued imposition of a

sanction or sanctions under subsection (b) of this section, 30

days or more after the President determines and so reports to the

appropriate congressional committees that it is important to the

national interest of the United States to exercise such waiver

authority.

"(2) Contents of report. - Any report under paragraph (1) shall

provide a specific and detailed rationale for the determination

under paragraph (1), including -

"(A) a description of the conduct that resulted in the

determination under section 5(a) or (b), as the case may be;

"(B) in the case of a foreign person, an explanation of the

efforts to secure the cooperation of the government with

primary jurisdiction over the sanctioned person to terminate

or, as appropriate, penalize the activities that resulted in

the determination under section 5(a) or (b), as the case may

be;

"(C) an estimate as to the significance -

"(i) of the provision of the items described in section

5(a) to Iran's ability to develop its petroleum resources, or

"(ii) of the provision of the items described in section

5(b)(1) to the abilities of Libya described in subparagraph

(A), (B), or (C) of section 5(b)(1), or of the investment

described in section 5(b)(2) on Libya's ability to develop

its petroleum resources,

as the case may be; and

"(D) a statement as to the response of the United States in

the event that the person concerned engages in other activities

that would be subject to section 5(a) or (b).

"(3) Effect of report on waiver. - If the President makes a

report under paragraph (1) with respect to a waiver of sanctions

on a person described in section 5(c), sanctions need not be

imposed under section 5(a) or (b) on that person during the

30-day period referred to in paragraph (1).

"SEC. 10. REPORTS REQUIRED.

"(a) Report on Certain International Initiatives. - Not later

than 6 months after the date of the enactment of this Act [Aug. 5,

1996], and every 6 months thereafter, the President shall transmit

a report to the appropriate congressional committees describing -

"(1) the efforts of the President to mount a multilateral

campaign to persuade all countries to pressure Iran to cease its

nuclear, chemical, biological, and missile weapons programs and

its support of acts of international terrorism;

"(2) the efforts of the President to persuade other governments

to ask Iran to reduce the presence of Iranian diplomats and

representatives of other government and military or

quasi-governmental institutions of Iran and to withdraw any such

diplomats or representatives who participated in the takeover of

the United States embassy in Tehran on November 4, 1979, or the

subsequent holding of United States hostages for 444 days;

"(3) the extent to which the International Atomic Energy Agency

has established regular inspections of all nuclear facilities in

Iran, including those presently under construction; and

"(4) Iran's use of Iranian diplomats and representatives of

other government and military or quasi-governmental institutions

of Iran to promote acts of international terrorism or to develop

or sustain Iran's nuclear, chemical, biological, and missile

weapons programs.

"(b) Report on Effectiveness of Actions Under This Act. - Not

earlier than 24 months, and not later than 30 months, after the

date of the enactment of the ILSA Extension Act of 2001 [Aug. 3,

2001], the President shall transmit to Congress a report that

describes -

"(1) the extent to which actions relating to trade taken

pursuant to this Act -

"(A) have been effective in achieving the objectives of

section 3 and any other foreign policy or national security

objectives of the United States with respect to Iran and Libya;

and

"(B) have affected humanitarian interests in Iran and Libya,

the country in which the sanctioned person is located, or in

other countries; and

"(2) the impact of actions relating to trade taken pursuant to

this Act on other national security, economic, and foreign policy

interests of the United States, including relations with

countries friendly to the United States, and on the United States

economy.

The President may include in the report the President's

recommendation on whether or not this Act should be terminated or

modified.

"(c) Other Reports. - The President shall ensure the continued

transmittal to the Congress of reports describing -

"(1) the nuclear and other military capabilities of Iran, as

required by section 601(a) of the Nuclear Non-Proliferation Act

of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National

Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102-484

set out below]; and

"(2) the support provided by Iran for acts of international

terrorism, as part of the Department of State's annual report on

international terrorism.

"SEC. 11. DETERMINATIONS NOT REVIEWABLE.

"A determination to impose sanctions under this Act shall not be

reviewable in any court.

"SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.

"Nothing in this Act shall apply to any activities subject to the

reporting requirements of title V of the National Security Act of

1947 [50 U.S.C. 413 et seq.].

"SEC. 13. EFFECTIVE DATE; SUNSET.

"(a) Effective Date. - This Act shall take effect on the date of

the enactment of this Act [Aug. 5, 1996].

"(b) Sunset. - This Act shall cease to be effective on the date

that is 10 years after the date of the enactment of this Act.

"SEC. 14. DEFINITIONS.

"As used in this Act:

"(1) Act of international terrorism. - The term 'act of

international terrorism' means an act -

"(A) which is violent or dangerous to human life and that is

a violation of the criminal laws of the United States or of any

State or that would be a criminal violation if committed within

the jurisdiction of the United States or any State; and

"(B) which appears to be intended -

"(i) to intimidate or coerce a civilian population;

"(ii) to influence the policy of a government by

intimidation or coercion; or

"(iii) to affect the conduct of a government by

assassination or kidnapping.

"(2) Appropriate congressional committees. - The term

'appropriate congressional committees' means the Committee on

Finance, the Committee on Banking, Housing, and Urban Affairs,

and the Committee on Foreign Relations of the Senate and the

Committee on Ways and Means, the Committee on Banking and

Financial Services [now Committee on Financial Services], and the

Committee on International Relations of the House of

Representatives.

"(3) Component part. - The term 'component part' has the

meaning given that term in section 11A(e)(1) of the Export

Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).

"(4) Develop and development. - To 'develop', or the

'development' of, petroleum resources means the exploration for,

or the extraction, refining, or transportation by pipeline of,

petroleum resources.

"(5) Financial institution. - The term 'financial institution'

includes -

"(A) a depository institution (as defined in section 3(c)(1)

of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]),

including a branch or agency of a foreign bank (as defined in

section 1(b)(7) of the International Banking Act of 1978 [12

U.S.C. 3101(b)(7)]);

"(B) a credit union;

"(C) a securities firm, including a broker or dealer;

"(D) an insurance company, including an agency or

underwriter; and

"(E) any other company that provides financial services.

"(6) Finished product. - The term 'finished product' has the

meaning given that term in section 11A(e)(2) of the Export

Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).

"(7) Foreign person. - The term 'foreign person' means -

"(A) an individual who is not a United States person or an

alien lawfully admitted for permanent residence into the United

States; or

"(B) a corporation, partnership, or other nongovernmental

entity which is not a United States person.

"(8) Goods and technology. - The terms 'goods' and 'technology'

have the meanings given those terms in section 16 of the Export

Administration Act of 1979 (50 U.S.C. App. 2415).

"(9) Investment. - The term 'investment' means any of the

following activities if such activity is undertaken pursuant to

an agreement, or pursuant to the exercise of rights under such an

agreement, that is entered into with the Government of Iran or a

nongovenmental [sic] entity in Iran, or with the Government of

Libya or a nongovernmental entity in Libya, on or after the date

of the enactment of this Act [Aug. 5, 1996]:

"(A) The entry into a contract that includes responsibility

for the development of petroleum resources located in Iran or

Libya (as the case may be), or the entry into a contract

providing for the general supervision and guarantee of another

person's performance of such a contract.

"(B) The purchase of a share of ownership, including an

equity interest, in that development.

"(C) The entry into a contract providing for the

participation in royalties, earnings, or profits in that

development, without regard to the form of the participation.

The term 'investment' does not include the entry into,

performance, or financing of a contract to sell or purchase

goods, services, or technology. For purposes of this paragraph,

an amendment or other modification that is made, on or after June

13, 2001, to an agreement or contract shall be treated as the

entry of an agreement or contract.

"(10) Iran. - The term 'Iran' includes any agency or

instrumentality of Iran.

"(11) Iranian diplomats and representatives of other government

and military or quasi-governmental institutions of iran. - The

term 'Iranian diplomats and representatives of other government

and military or quasi-governmental institutions of Iran' includes

employees, representatives, or affiliates of Iran's -

"(A) Foreign Ministry;

"(B) Ministry of Intelligence and Security;

"(C) Revolutionary Guard Corps;

"(D) Crusade for Reconstruction;

"(E) Qods (Jerusalem) Forces;

"(F) Interior Ministry;

"(G) Foundation for the Oppressed and Disabled;

"(H) Prophet's Foundation;

"(I) June 5th Foundation;

"(J) Martyr's Foundation;

"(K) Islamic Propagation Organization; and

"(L) Ministry of Islamic Guidance.

"(12) Libya. - The term 'Libya' includes any agency or

instrumentality of Libya.

"(13) Nuclear explosive device. - The term 'nuclear explosive

device' means any device, whether assembled or disassembled, that

is designed to produce an instantaneous release of an amount of

nuclear energy from special nuclear material (as defined in

section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C.

2014(aa)]) that is greater than the amount of energy that would

be released from the detonation of one pound of trinitrotoluene

(TNT).

"(14) Person. - The term 'person' means -

"(A) a natural person;

"(B) a corporation, business association, partnership,

society, trust, any other nongovernmental entity, organization,

or group, and any governmental entity operating as a business

enterprise; and

"(C) any successor to any entity described in subparagraph

(B).

"(15) Petroleum resources. - The term 'petroleum resources'

includes petroleum and natural gas resources.

"(16) United states or state. - The term 'United States' or

'State' means the several States, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samoa, Guam, the United States Virgin

Islands, and any other territory or possession of the United

States.

"(17) United states person. - The term 'United States person'

means -

"(A) a natural person who is a citizen of the United States

or who owes permanent allegiance to the United States; and

"(B) a corporation or other legal entity which is organized

under the laws of the United States, any State or territory

thereof, or the District of Columbia, if natural persons

described in subparagraph (A) own, directly or indirectly, more

than 50 percent of the outstanding capital stock or other

beneficial interest in such legal entity."

[Pub. L. 107-24, Sec. 2(b), Aug. 3, 2001, 115 Stat. 199, provided

that: "The amendments made by subsection (a) [amending section 5 of

Pub. L. 104-172, set out above] shall apply to investments made on

or after June 13, 2001."]

[Memorandum of President of the United States, Nov. 21, 1996, 61

F.R. 64249, delegated to the Secretary of State, in consultation

with the Departments of the Treasury and Commerce and the United

States Trade Representative, and with the Export-Import Bank and

Federal Reserve Board and other interested agencies as appropriate

functions vested in the President by sections 4(c), 5(a), (b), (c),

(f), 6(1), (2), and 9(c) of Pub. L. 104-172, set out above,

delegated to the Secretary of State functions vested in the

President by sections 4(a), (b), (d), (e), 5(d), (e), 9(a), (b),

and 10 of Pub. L. 104-172, provided that any reference to

provisions of any Act related to the subject of the memorandum be

deemed to include references to any subsequent provision of law

that is the same or substantially the same as such provisions, and

provided that only the functions vested in the President by

sections 4(a), (b), (d), (e), 5(d), (e), and 10 of Pub. L. 104-172

and delegated by the memorandum could be redelegated.]

SANCTIONS AGAINST SERBIA AND MONTENEGRO

Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 599],

Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that:

"(a) Continuation of Executive Branch Sanctions. - The sanctions

listed in subsection (b) shall remain in effect for fiscal year

2000, unless the President submits to the Committees on

Appropriations and Foreign Relations in the Senate and the

Committees on Appropriations and International Relations of the

House of Representatives a certification described in subsection

(c).

"(b) Applicable Sanctions. -

"(1) The Secretary of the Treasury shall instruct the United

States executive directors of the international financial

institutions to work in opposition to, and vote against, any

extension by such institutions of any financial or technical

assistance or grants of any kind to the government of Serbia.

"(2) The Secretary of State should instruct the United States

Ambassador to the Organization for Security and Cooperation in

Europe (OSCE) to block any consensus to allow the participation

of Serbia in the OSCE or any organization affiliated with the

OSCE.

"(3) The Secretary of State should instruct the United States

Representative to the United Nations to vote against any

resolution in the United Nations Security Council to admit Serbia

to the United Nations or any organization affiliated with the

United Nations, to veto any resolution to allow Serbia to assume

the United Nations' membership of the former Socialist Federal

Republic of Yugoslavia, and to take action to prevent Serbia from

assuming the seat formerly occupied by the Socialist Federal

Republic of Yugoslavia.

"(4) The Secretary of State should instruct the United States

Permanent Representative on the Council of the North Atlantic

Treaty Organization to oppose the extension of the Partnership

for Peace program or any other organization affiliated with NATO

to Serbia.

"(5) The Secretary of State should instruct the United States

Representatives to the Southeast European Cooperative Initiative

(SECI) to oppose and to work to prevent the extension of SECI

membership to Serbia.

"(c) Certification. - A certification described in this

subsection is a certification that -

"(1) the representatives of the successor states to the

Socialist Federal Republic of Yugoslavia have successfully

negotiated the division of assets and liabilities and all other

succession issues following the dissolution of the Socialist

Federal Republic of Yugoslavia;

"(2) the Government of Serbia is fully complying with its

obligations as a signatory to the General Framework Agreement for

Peace in Bosnia and Herzegovina;

"(3) the Government of Serbia is fully cooperating with and

providing unrestricted access to the International Criminal

Tribunal for the former Yugoslavia, including surrendering

persons indicted for war crimes who are within the jurisdiction

of the territory of Serbia, and with the investigations

concerning the commission of war crimes and crimes against

humanity in Kosova;

"(4) the Government of Serbia is implementing internal

democratic reforms; and

"(5) Serbian federal governmental officials, and

representatives of the ethnic Albanian community in Kosova have

agreed on, signed, and begun implementation of a negotiated

settlement on the future status of Kosova.

"(d) Statement of Policy. - It is the sense of the Congress that

the United States should not restore full diplomatic relations with

Serbia until the President submits to the Committees on

Appropriations and Foreign Relations in the Senate and the

Committees on Appropriations and International Relations in the

House of Representatives the certification described in subsection

(c).

"(e) Exemption of Montenegro and Kosova. - The sanctions

described in subsection (b) shall not apply to Montenegro or

Kosova.

"(f) Definition. - The term 'international financial institution'

includes the International Monetary Fund, the International Bank

for Reconstruction and Development, the International Development

Association, the International Finance Corporation, the

Multilateral Investment Guaranty Agency, and the European Bank for

Reconstruction and Development.

"(g) Waiver Authority. - The President may waive the application

in whole or in part, of any sanction described in subsection (b) if

the President certifies to the Congress that the President has

determined that the waiver is necessary to meet emergency

humanitarian needs."

Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 539], Oct.

21, 1998, 112 Stat. 2681-150, 2681-182, provided that:

"(a) Restrictions. - None of the funds in this or any other Act

may be made available to modify or remove any sanction, prohibition

or requirement with respect to Serbia-Montenegro unless the

President first submits to the Congress a certification described

in subsection (c).

"(b) International Financial Institutions. - The Secretary of the

Treasury shall instruct the United States executive directors of

the international financial institutions to work in opposition to,

and vote against, any extension by such institutions of any

financial or technical assistance or grants of any kind to the

government of Serbia-Montenegro, unless the President first submits

to the Congress a certification described in subsection (c).

"(c) Certification. - A certification described in this

subsection is a certification that -

"(1) there is substantial improvement in the human rights

situation in Kosova;

"(2) international human rights observers are allowed to return

to Kosova;

"(3) Serbian, Serbian-Montenegrin federal government officials,

and representatives of the ethnic Albanian community in Kosova

have agreed on and begun implementation of a negotiated

settlement on the future status of Kosova; and

"(4) the government of Serbia-Montenegro is fully complying

with its obligations as a signatory to the General Framework

Agreement for Peace in Bosnia-Herzegovina including fully

cooperating with the International Criminal Tribunal for the

Former Yugoslavia.

"(d) Waiver Authority. - The President may waive the application,

in whole or in part, of subsections (a) and (b) if he certifies in

writing to the Congress that the waiver is necessary to meet

emergency humanitarian needs or to advance negotiations toward a

peaceful settlement of the conflict in Kosova that is acceptable to

the parties.

"(e) Exemption for Montenegro. - This section shall not apply to

Montenegro."

[For delegation of functions of President under section 101(d)

[title V, Sec. 539] of div. A of Pub. L. 105-277, set out above,

see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,

set out as a note under section 2381 of Title 22, Foreign Relations

and Intercourse.]

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

540], Sept. 30, 1996, 110 Stat. 3009-121, 3009-155.

Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110

Stat. 737.

Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107

Stat. 1839, provided that:

"(a) Codification of Executive Branch Sanctions. - The sanctions

imposed on Serbia and Montenegro, as in effect on the date of the

enactment of this Act [Nov. 30, 1993], that were imposed by or

pursuant to the following directives of the executive branch shall

(except as provided under subsections (d) and (e)) remain in effect

until changed by law:

"(1) Executive Order 12808 of May 30, 1992 [set out below], as

continued in effect on May 25, 1993.

"(2) Executive Order 12810 of June 5, 1992 [set out below].

"(3) Executive Order 12831 of January 15, 1993 [set out below].

"(4) Executive Order 12846 of April 25, 1993 [set out below].

"(5) Department of State Public Notice 1427, effective July 11,

1991.

"(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register

64467).

"(7) Department of Transportation Order 92-5-38 of May 20,

1992.

"(8) Federal Aviation Administration action of June 19, 1992

(14 C.F.R. Part 91).

"(b) Prohibition on Assistance. - No funds appropriated or

otherwise made available by law may be obligated or expended on

behalf of the government of Serbia or the government of Montenegro.

"(c) International Financial Institutions. - The Secretary of the

Treasury shall instruct the United States executive director of

each international financial institution to use the voice and vote

of the United States to oppose any assistance from that institution

to the government of Serbia or the government of Montenegro, except

for basic human needs.

"(d) Exception. - Notwithstanding any other provision of law, the

President is authorized and encouraged to exempt from sanctions

imposed against Serbia and Montenegro that are described in

subsection (a) those United States-supported programs, projects, or

activities that involve reform of the electoral process, the

development of democratic institutions or democratic political

parties, or humanitarian assistance (including refugee care and

human rights observation).

"(e) Waiver Authority. - (1) The President may waive or modify

the application, in whole or in part, of any sanction described in

subsection (a), the prohibition in subsection (b), or the

requirement in subsection (c).

"(2) Such a waiver or modification may only be effective upon

certification by the President to Congress that the President has

determined that the waiver or modification is necessary (A) to meet

emergency humanitarian needs, or (B) to achieve a negotiated

settlement of the conflict in Bosnia-Herzegovina that is acceptable

to the parties."

-EXEC-

PRESIDENTIAL CERTIFICATION TO SUSPEND SANCTIONS IMPOSED ON THE

GOVERNMENT OF SERBIA AND THE GOVERNMENT OF MONTENEGRO

Determination of President of the United States, No. 01-7, Dec.

19, 2000, 66 F.R. 1013, provided:

Memorandum for the Secretary of Defense [and] the Secretary of

the Treasury

Pursuant to the authority vested in me by the laws of the United

States, including section 1511 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set

out as a note above], I hereby certify to the Congress that I have

determined that the waiver of the application of subsections

1511(b) and (c) of Public Law 103-160 is necessary to achieve a

negotiated settlement of the conflict in Bosnia-Herzegovina that is

acceptable to the parties, to the extent that such provisions apply

to the furnishing of assistance to the Government of Serbia and to

the support of assistance from international financial institutions

to the Government of Serbia and the Government of Montenegro.

Therefore, I hereby waive the application of these provisions

with respect to such assistance and support.

The Secretary of Defense is authorized and directed to transmit a

copy of this determination to the Congress and arrange for its

publication in the Federal Register.

William J. Clinton.

Determination of President of the United States, No. 99-14, Feb.

16, 1999, 64 F.R. 9263, provided:

Memorandum for the Secretary of Defense

Pursuant to the authority vested in me by the laws of the United

States, including section 1511 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set

out as a note above], I hereby certify to the Congress that I have

determined that the waiver of the application of the prohibition in

section 1511(b) of Public Law 103-160 is necessary to achieve a

negotiated settlement of the conflict in Bosnia-Herzegovina that is

acceptable to the parties, to the extent that such provision

applies to the furnishing of assistance to the Republic of

Montenegro.

Therefore, I hereby waive the application of this provision with

respect to such assistance.

You are authorized and directed to transmit a copy of this

determination to the Congress and arrange for its publication in

the Federal Register.

William J. Clinton.

Determination of President of the United States, No. 97-26, May

30, 1997, 62 F.R. 32015, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me by the laws of the United

States, including section 1511 of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set

out as a note above] and section 540 of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 1997

(contained in Public Law 104-208 (the "Act")) [formerly set out as

a note above], I hereby certify to the Congress that I have

determined that the waiver of the application of the prohibition in

section 1511(b) of Public Law 103-160 and of the application of

section 540(a) of the Act is necessary to achieve a negotiated

settlement of the conflict in Bosnia and Herzegovina that is

acceptable to the parties, to the extent that such provisions apply

to the furnishing of assistance to facilitate destruction of

military equipment.

Therefore, I hereby waive the application of these provisions

with respect to such assistance.

You are authorized and directed to transmit a copy of this

determination to the Congress and arrange for its publication in

the Federal Register.

William J. Clinton.

Determination of the President of the United States, No. 96-7,

Dec. 27, 1995, 61 F.R. 2887, provided:

Memorandum for the Secretary of State, the Secretary of the

Treasury [and] the Secretary of Transportation

Pursuant to the authority vested in me by section 1511(e)(2) of

the National Defense Authorization Act for Fiscal Year 1994 (Public

Law 103-160) [set out above] (the "Act"), I hereby determine that

the waiver or modification of the sanctions on Serbia and

Montenegro that were imposed by or pursuant to the directives

described in section 1511(a)(1-5) and (7-8) of the Act, in

conformity with the provisions of United Nations Security Council

Resolutions 1021 and 1022 of November 22, 1995, is necessary to

achieve a negotiated settlement of the conflict in

Bosnia-Herzegovina that is acceptable to the parties.

Therefore, I hereby direct the Secretary of the Treasury to take

appropriate action to suspend the application of the sanctions

imposed on Serbia and Montenegro pursuant to Executive Order No.

12808 of May 30, 1992 [set out below], Executive Order No. 12810 of

June 5, 1992 [set out below], Executive Order No. 12831 of January

15, 1993 [set out below], and Executive Order No. 12846 of April

25, 1993 [set out below], effective upon the transmittal of this

determination to the Congress. The property and interests in

property previously blocked remain blocked until provision is made

to address claims or encumbrances, including the claims of the

other successor states of the former Yugoslavia.

I hereby direct the Secretary of Transportation to take

appropriate action to suspend the application of the sanctions

imposed pursuant to Department of Transportation Order 92-5-38 of

May 20, 1992, Department of Transportation Order 92-6-27 of June

12, 1992, and Special Federal Aviation Regulation No. 66-2 of May

31, 1995 (14 C.F.R. Part 91, 60 Federal Register 28477), effective

upon the transmittal of this determination to the Congress.

I hereby authorize the Secretary of State to take appropriate

action to suspend the application of the sanctions imposed pursuant

to Department of State Public Notice 1427 of July 11, 1991, at the

appropriate time in conformity with the provisions of United

Nations Security Council Resolution 1021 of November 22, 1995.

The national emergency declared in Executive Order No. 12808 [set

out below] and expanded in Executive Order No. 12934 [set out

below] shall continue in effect.

The Secretary of State is authorized and directed to publish this

determination in the Federal Register.

William J. Clinton.

-MISC2-

IRAN-IRAQ ARMS NON-PROLIFERATION

Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat.

2571, as amended by Pub. L. 104-106, div. A, title XIV, Sec.

1408(a)-(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107-228, div. B,

title XIII, Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441,

provided that:

"SEC. 1601. SHORT TITLE.

"This title may be cited as the 'Iran-Iraq Arms Non-Proliferation

Act of 1992'.

"SEC. 1602. UNITED STATES POLICY.

"(a) In General. - It shall be the policy of the United States to

oppose, and urgently to seek the agreement of other nations also to

oppose, any transfer to Iran or Iraq of any goods or technology,

including dual-use goods or technology, wherever that transfer

could materially contribute to either country's acquiring chemical,

biological, nuclear, or destabilizing numbers and types of advanced

conventional weapons.

"(b) Sanctions. - (1) In the furtherance of this policy, the

President shall apply sanctions and controls with respect to Iran,

Iraq, and those nations and persons who assist them in acquiring

weapons of mass destruction in accordance with the Foreign

Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear

Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the

Chemical and Biological Weapons Control and Warfare Elimination Act

of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export

Control Act [22 U.S.C. 2797 et seq.], and other relevant statutes,

regarding the non-proliferation of weapons of mass destruction and

the means of their delivery.

"(2) The President should also urgently seek the agreement of

other nations to adopt and institute, at the earliest practicable

date, sanctions and controls comparable to those the United States

is obligated to apply under this subsection.

"(c) Public Identification. - The Congress calls on the President

to identify publicly (in the report required by section 1607) any

country or person that transfers goods or technology to Iran or

Iraq contrary to the policy set forth in subsection (a).

"SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

"The sanctions against Iraq specified in paragraphs (1) through

(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as

contained in Public Law 101-513) [set out below], including denial

of export licenses for United States persons and prohibitions on

United States Government sales, shall be applied to the same extent

and in the same manner with respect to Iran.

"SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

"(a) Prohibition. - If any person transfers or retransfers goods

or technology so as to contribute knowingly and materially to the

efforts by Iran or Iraq (or any agency or instrumentality of either

such country) to acquire chemical, biological, or nuclear weapons

or to acquire destabilizing numbers and types of advanced

conventional weapons, then the sanctions described in subsection

(b) shall be imposed.

"(b) Mandatory Sanctions. - The sanctions to be imposed pursuant

to subsection (a) are as follows:

"(1) Procurement sanction. - For a period of two years, the

United States Government shall not procure, or enter into any

contract for the procurement of, any goods or services from the

sanctioned person.

"(2) Export sanction. - For a period of two years, the United

States Government shall not issue any license for any export by

or to the sanctioned person.

"SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

"(a) Prohibition. - If the President determines that the

government of any foreign country transfers or retransfers goods or

technology so as to contribute knowingly and materially to the

efforts by Iran or Iraq (or any agency or instrumentality of either

such country) to acquire chemical, biological, or nuclear weapons

or to acquire destabilizing numbers and types of advanced

conventional weapons, then -

"(1) the sanctions described in subsection (b) shall be imposed

on such country; and

"(2) in addition, the President may apply, in the discretion of

the President, the sanction described in subsection (c).

"(b) Mandatory Sanctions. - Except as provided in paragraph (2),

the sanctions to be imposed pursuant to subsection (a)(1) are as

follows:

"(1) Suspension of united states assistance. - The United

States Government shall suspend, for a period of one year, United

States assistance to the sanctioned country.

"(2) Multilateral development bank assistance. - The Secretary

of the Treasury shall instruct the United States Executive

Director to each appropriate international financial institution

to oppose, and vote against, for a period of one year, the

extension by such institution of any loan or financial or

technical assistance to the sanctioned country.

"(3) Suspension of codevelopment or coproduction agreements. -

The United States shall suspend, for a period of one year,

compliance with its obligations under any memorandum of

understanding with the sanctioned country for the codevelopment

or coproduction of any item on the United States Munitions List

(established under section 38 of the Arms Export Control Act [22

U.S.C. 2778]), including any obligation for implementation of the

memorandum of understanding through the sale to the sanctioned

country of technical data or assistance or the licensing for

export to the sanctioned country of any component part.

"(4) Suspension of military and dual-use technical exchange

agreements. - The United States shall suspend, for a period of

one year, compliance with its obligations under any technical

exchange agreement involving military and dual-use technology

between the United States and the sanctioned country that does

not directly contribute to the security of the United States, and

no military or dual-use technology may be exported from the

United States to the sanctioned country pursuant to that

agreement during that period.

"(5) United states munitions list. - No item on the United

States Munitions List (established pursuant to section 38 of the

Arms Export Control Act) may be exported to the sanctioned

country for a period of one year.

"(c) Discretionary Sanction. - The sanction referred to in

subsection (a)(2) is as follows:

"(1) Use of authorities of international emergency economic

powers act. - Except as provided in paragraph (2), the President

may exercise, in accordance with the provisions of that Act [50

U.S.C. 1701 et seq.], the authorities of the International

Emergency Economic Powers Act with respect to the sanctioned

country.

"(2) Exception. - Paragraph (1) does not apply with respect to

urgent humanitarian assistance.

"SEC. 1606. WAIVER.

"The President may waive the requirement to impose a sanction

described in section 1603, in the case of Iran, or a sanction

described in section 1604(b) or 1605(b), in the case of Iraq and

Iran, 15 days after the President determines and so reports to the

Committees on Armed Services and Foreign Relations of the Senate

and the Committees on Armed Services and Foreign Affairs [now

Committee on International Relations] of the House of

Representatives that it is essential to the national interest of

the United States to exercise such waiver authority. Any such

report shall provide a specific and detailed rationale for such

determination.

"SEC. 1607. REPORTING REQUIREMENT.

"[(a) Repealed. Pub. L. 107-228, div. B, title XIII, Sec.

1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]

"(b) Report on Individual Transfers. - Whenever the President

determines that a person or foreign government has made a transfer

which is subject to any sanction under this title, the President

shall, within 30 days after such transfer, submit to the Committees

on Armed Services and Foreign Relations of the Senate and the

Committees on Armed Services and Foreign Affairs [now Committee on

International Relations] of the House of Representatives a report -

"(1) identifying the person or government and providing the

details of the transfer; and

"(2) describing the actions the President intends to undertake

or has undertaken under the provisions of this title with respect

to each such transfer.

"(c) Form of Transmittal. - Reports required by this section may

be submitted in classified as well as in unclassified form.

"SEC. 1608. DEFINITIONS.

"For purposes of this title:

"(1) The term 'advanced conventional weapons' includes -

"(A) such long-range precision-guided munitions, fuel air

explosives, cruise missiles, low observability aircraft, other

radar evading aircraft, advanced military aircraft, military

satellites, electromagnetic weapons, and laser weapons as the

President determines destabilize the military balance or

enhance offensive capabilities in destabilizing ways;

"(B) such advanced command, control, and communications

systems, electronic warfare systems, or intelligence collection

systems as the President determines destabilize the military

balance or enhance offensive capabilities in destabilizing

ways; and

"(C) such other items or systems as the President may, by

regulation, determine necessary for purposes of this title.

"(2) The term 'cruise missile' means guided missiles that use

aerodynamic lift to offset gravity and propulsion to counteract

drag.

"(3) The term 'goods or technology' means -

"(A) any article, natural or manmade substance, material,

supply, or manufactured product, including inspection and test

equipment; and

"(B) any information and know-how (whether in tangible form,

such as models, prototypes, drawings, sketches, diagrams,

blueprints, or manuals, or in intangible form, such as training

or technical services) that can be used to design, produce,

manufacture, utilize, or reconstruct goods, including computer

software and technical data.

"(4) The term 'person' means any United States or foreign

individual, partnership, corporation, or other form of

association, or any of their successor entities, parents, or

subsidiaries.

"(5) The term 'sanctioned country' means a country against

which sanctions are required to be imposed pursuant to section

1605.

"(6) The term 'sanctioned person' means a person that makes a

transfer described in section 1604(a).

"(7) The term 'United States assistance' means -

"(A) any assistance under the Foreign Assistance Act of 1961

(22 U.S.C. 2151 et seq.), other than urgent humanitarian

assistance or medicine;

"(B) sales and assistance under the Arms Export Control Act

[22 U.S.C. 2751 et seq.];

"(C) financing by the Commodity Credit Corporation for export

sales of agricultural commodities; and

"(D) financing under the Export-Import Bank Act [of 1945] [22

U.S.C. 635 et seq.]."

[Memorandum of President of the United States, Sept. 27, 1994, 59

F.R. 50685, delegated to Secretary of State, in consultation with

heads of other departments and agencies, all functions vested in

President under title XVI of Pub. L. 102-484, set out above,

without limitation of authority of other officials to exercise

powers heretofore or hereafter delegated to them to implement

sanctions imposed or actions directed by the Secretary pursuant to

this delegation of authority.]

PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ

Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which

authorized President to vest title in a portion of property in

which transactions were blocked pursuant to Executive Order 12722

in order to satisfy obligations owed to United States Government

and United States nationals for which Iraq had suspended repayment,

was repealed by Pub. L. 102-27, title IV, Sec. 402(a), Apr. 10,

1991, 105 Stat. 155, as amended by Pub. L. 102-136, Sec. 126, Oct.

25, 1991, 105 Stat. 643, effective Nov. 5, 1990.

IRAQ SANCTIONS

Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104 Stat.

2047-2054, provided that:

"SEC. 586. SHORT TITLE.

"Sections 586 through 586J of this Act may be cited as the 'Iraq

Sanctions Act of 1990'.

"SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.

"The Congress -

"(1) condemns Iraq's invasion of Kuwait on August 2, 1990;

"(2) supports the actions that have been taken by the President

in response to that invasion;

"(3) calls for the immediate and unconditional withdrawal of

Iraqi forces from Kuwait;

"(4) supports the efforts of the United Nations Security

Council to end this violation of international law and threat to

international peace;

"(5) supports the imposition and enforcement of multilateral

sanctions against Iraq;

"(6) calls on United States allies and other countries to

support fully the efforts of the United Nations Security Council,

and to take other appropriate actions, to bring about an end to

Iraq's occupation of Kuwait; and

"(7) condemns the brutal occupation of Kuwait by Iraq and its

gross violations of internationally recognized human rights in

Kuwait, including widespread arrests, torture, summary

executions, and mass extrajudicial killings.

"SEC. 586B. CONSULTATIONS WITH CONGRESS.

"The President shall keep the Congress fully informed, and shall

consult with the Congress, with respect to current and anticipated

events regarding the international crisis caused by Iraq's invasion

of Kuwait, including with respect to United States actions.

"SEC. 586C. TRADE EMBARGO AGAINST IRAQ.

"(a) Continuation of Embargo. - Except as otherwise provided in

this section, the President shall continue to impose the trade

embargo and other economic sanctions with respect to Iraq and

Kuwait that the United States is imposing, in response to Iraq's

invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and

12725 [set out below] (August 9, 1990) and, to the extent they are

still in effect, Executive Orders Numbered 12722 and 12723 [set out

below] (August 2, 1990). Notwithstanding any other provision of

law, no funds, credits, guarantees, or insurance appropriated or

otherwise made available by this or any other Act for fiscal year

1991 or any fiscal year thereafter shall be used to support or

administer any financial or commercial operation of any United

States Government department, agency, or other entity, or of any

person subject to the jurisdiction of the United States, for the

benefit of the Government of Iraq, its agencies or

instrumentalities, or any person working on behalf of the

Government of Iraq, contrary to the trade embargo and other

economic sanctions imposed in accordance with this section.

"(b) Humanitarian Assistance. - To the extent that transactions

involving foodstuffs or payments for foodstuffs are exempted 'in

humanitarian circumstances' from the prohibitions established by

the United States pursuant to United Nations Security Council

Resolution 661 (1990), those exemptions shall be limited to

foodstuffs that are to be provided consistent with United Nations

Security Council Resolution 666 (1990) and other relevant Security

Council resolutions.

"(c) Notice to Congress of Exceptions to and Termination of

Sanctions. -

"(1) Notice of regulations. - Any regulations issued after the

date of enactment of this Act [Nov. 5, 1990] with respect to the

economic sanctions imposed with respect to Iraq and Kuwait by the

United States under Executive Orders Numbered 12722 and 12723

(August 2, 1990) and Executive Orders Numbered 12724 and 12725

(August 9, 1990) shall be submitted to the Congress before those

regulations take effect.

"(2) Notice of termination of sanctions. - The President shall

notify the Congress at least 15 days before the termination, in

whole or in part, of any sanction imposed with respect to Iraq or

Kuwait pursuant to those Executive orders.

"(d) Relation to Other Laws. -

"(1) Sanctions legislation. - The sanctions that are described

in subsection (a) are in addition to, and not in lieu of the

sanctions provided for in section 586G of this Act or any other

provision of law.

"(2) National emergencies and united nations legislation. -

Nothing in this section supersedes any provision of the National

Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the

President under the International Emergency Economic Powers Act

[50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations

Participation Act of 1945 [22 U.S.C. 287c(a)].

"SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

IRAQ.

"(a) Denial of Assistance. - None of the funds appropriated or

otherwise made available pursuant to this Act [see Tables for

classification] to carry out the Foreign Assistance Act of 1961 [22

U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22

U.S.C. 2191 et seq.], relating to the Overseas Private Investment

Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et

seq.] may be used to provide assistance to any country that is not

in compliance with the United Nations Security Council sanctions

against Iraq unless the President determines and so certifies to

the Congress that -

"(1) such assistance is in the national interest of the United

States;

"(2) such assistance will directly benefit the needy people in

that country; or

"(3) the assistance to be provided will be humanitarian

assistance for foreign nationals who have fled Iraq and Kuwait.

"(b) Import Sanctions. - If the President considers that the

taking of such action would promote the effectiveness of the

economic sanctions of the United Nations and the United States

imposed with respect to Iraq, and is consistent with the national

interest, the President may prohibit, for such a period of time as

he considers appropriate, the importation into the United States of

any or all products of any foreign country that has not prohibited

-

"(1) the importation of products of Iraq into its customs

territory, and

"(2) the export of its products to Iraq.

"SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.

"Notwithstanding section 206 of the International Emergency

Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United

Nations Participation Act of 1945 (22 U.S.C. 287c(b)) -

"(1) a civil penalty of not to exceed $250,000 may be imposed

on any person who, after the date of enactment of this Act [Nov.

5, 1990], violates or evades or attempts to violate or evade

Executive Order Numbered 12722, 12723, 12724, or 12725 [set out

below] or any license, order, or regulation issued under any such

Executive order; and

"(2) whoever, after the date of enactment of this Act,

willfully violates or evades or attempts to violate or evade

Executive Order Numbered 12722, 12723, 12724, or 12725 or any

license, order, or regulation issued under any such Executive

order -

"(A) shall, upon conviction, be fined not more than

$1,000,000, if a person other than a natural person; or

"(B) if a natural person, shall, upon conviction, be fined

not more than $1,000,000, be imprisoned for not more than 12

years, or both.

Any officer, director, or agent of any corporation who knowingly

participates in a violation, evasion, or attempt described in

paragraph (2) may be punished by imposition of the fine or

imprisonment (or both) specified in subparagraph (B) of that

paragraph.

"SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING

VIOLATIONS OF INTERNATIONAL LAW.

"(a) Iraq's Violations of International Law. - The Congress

determines that -

"(1) the Government of Iraq has demonstrated repeated and

blatant disregard for its obligations under international law by

violating the Charter of the United Nations, the Protocol for the

Prohibition of the Use in War of Asphyxiating, Poisonous or Other

Gases, and of Bacteriological Methods of Warfare (done at Geneva,

June 17, 1925), as well as other international treaties;

"(2) the Government of Iraq is a party to the International

Covenant on Civil and Political Rights and the International

Covenant on Economic, Social, and Cultural Rights and is

obligated under the Covenants, as well as the Universal

Declaration of Human Rights, to respect internationally

recognized human rights;

"(3) the State Department's Country Reports on Human Rights

Practices for 1989 again characterizes Iraq's human rights record

as 'abysmal';

"(4) Amnesty International, Middle East Watch, and other

independent human rights organizations have documented extensive,

systematic, and continuing human rights abuses by the Government

of Iraq, including summary executions, mass political killings,

disappearances, widespread use of torture, arbitrary arrests and

prolonged detention without trial of thousands of political

opponents, forced relocation and deportation, denial of nearly

all civil and political rights such as freedom of association,

assembly, speech, and the press, and the imprisonment, torture,

and execution of children;

"(5) since 1987, the Government of Iraq has intensified its

severe repression of the Kurdish minority of Iraq, deliberately

destroyed more than 3,000 villages and towns in the Kurdish

regions, and forcibly expelled more than 500,000 people, thus

effectively depopulating the rural areas of Iraqi Kurdistan;

"(6) Iraq has blatantly violated international law by

initiating use of chemical weapons in the Iran-Iraq war;

"(7) Iraq has also violated international law by using chemical

weapons against its own Kurdish citizens, resulting in tens of

thousands of deaths and more than 65,000 refugees;

"(8) Iraq continues to expand its chemical weapons capability,

and President Saddam Hussein has threatened to use chemical

weapons against other nations;

"(9) persuasive evidence exists that Iraq is developing

biological weapons in violation of international law;

"(10) there are strong indications that Iraq has taken steps to

produce nuclear weapons and has attempted to smuggle from the

United States, in violation of United States law, components for

triggering devices used in nuclear warheads whose manufacture

would contravene the Treaty on the Non-Proliferation of Nuclear

Weapons, to which Iraq is a party; and

"(11) Iraqi President Saddam Hussein has threatened to use

terrorism against other nations in violation of international law

and has increased Iraq's support for the Palestine Liberation

Organization and other Palestinian groups that have conducted

terrorist acts.

"(b) Human Rights Violations. - The Congress determines that the

Government of Iraq is engaged in a consistent pattern of gross

violations of internationally recognized human rights. All

provisions of law that impose sanctions against a country whose

government is engaged in a consistent pattern of gross violations

of internationally recognized human rights shall be fully enforced

against Iraq.

"(c) Support for International Terrorism. - (1) The Congress

determines that Iraq is a country which has repeatedly provided

support for acts of international terrorism, a country which grants

sanctuary from prosecution to individuals or groups which have

committed an act of international terrorism, and a country which

otherwise supports international terrorism. The provisions of law

specified in paragraph (2) and all other provisions of law that

impose sanctions against a country which has repeatedly provided

support for acts of international terrorism, which grants sanctuary

from prosecution to an individual or group which has committed an

act of international terrorism, or which otherwise supports

international terrorism shall be fully enforced against Iraq.

"(2) The provisions of law referred to in paragraph (1) are -

"(A) section 40 of the Arms Export Control Act [22 U.S.C.

2780];

"(B) section 620A of the Foreign Assistance Act of 1961 [22

U.S.C. 2371];

"(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022]

(and the corresponding sections of predecessor foreign operations

appropriations Acts); and

"(D) section 555 of the International Security and Development

Cooperation Act of 1985 [99 Stat. 227].

"(d) Multilateral Cooperation. - The Congress calls on the

President to seek multilateral cooperation -

"(1) to deny dangerous technologies to Iraq;

"(2) to induce Iraq to respect internationally recognized human

rights; and

"(3) to induce Iraq to allow appropriate international

humanitarian and human rights organizations to have access to

Iraq and Kuwait, including the areas in northern Iraq

traditionally inhabited by Kurds.

"SEC. 586G. SANCTIONS AGAINST IRAQ.

"(a) Imposition. - Except as provided in section 586H, the

following sanctions shall apply with respect to Iraq:

"(1) FMS sales. - The United States Government shall not enter

into any sale with Iraq under the Arms Export Control Act [22

U.S.C. 2751 et seq.].

"(2) Commercial arms sales. - Licenses shall not be issued for

the export to Iraq of any item on the United States Munitions

List.

"(3) Exports of certain goods and technology. - The authorities

of section 6 of the Export Administration Act of 1979 (50 U.S.C.

App. 2405) shall be used to prohibit the export to Iraq of any

goods or technology listed pursuant to that section or section

5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) on the control

list provided for in section 4(b) of that Act (50 U.S.C. App.

2403(b)).

"(4) Nuclear equipment, materials, and technology. -

"(A) NRC licenses. - The Nuclear Regulatory Commission shall

not issue any license or other authorization under the Atomic

Energy Act of 1954 (42 U.S.C. 2011 and following) for the

export to Iraq of any source or special nuclear material, any

production or utilization facility, any sensitive nuclear

technology, any component, item, or substance determined to

have significance for nuclear explosive purposes pursuant to

section 109b. of the Atomic Energy Act of 1954 (42 U.S.C.

2139(b)), or any other material or technology requiring such a

license or authorization.

"(B) Distribution of nuclear materials. - The authority of

the Atomic Energy Act of 1954 shall not be used to distribute

any special nuclear material, source material, or byproduct

material to Iraq.

"(C) DOE authorizations. - The Secretary of Energy shall not

provide a specific authorization under section 57b.(2) of the

Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any

activity that would constitute directly or indirectly engaging

in Iraq in activities that require a specific authorization

under that section.

"(5) Assistance from international financial institutions. -

The United States shall oppose any loan or financial or technical

assistance to Iraq by international financial institutions in

accordance with section 701 of the International Financial

Institutions Act (22 U.S.C. 262d).

"(6) Assistance through the export-import bank. - Credits and

credit guarantees through the Export-Import Bank of the United

States shall be denied to Iraq.

"(7) Assistance through the commodity credit corporation. -

Credit, credit guarantees, and other assistance through the

Commodity Credit Corporation shall be denied to Iraq.

"(8) Foreign assistance. - All forms of assistance under the

Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following)

other than emergency assistance for medical supplies and other

forms of emergency humanitarian assistance, and under the Arms

Export Control Act (22 U.S.C. 2751 and following) shall be denied

to Iraq.

"(b) Contract Sanctity. - For purposes of the export controls

imposed pursuant to subsection (a)(3), the date described in

subsection (m)(1) of section 6 of the Export Administration Act of

1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 1990.

"SEC. 586H. WAIVER AUTHORITY.

"(a) In General. - The President may waive the requirements of

any paragraph of section 586G(a) if the President makes a

certification under subsection (b) or subsection (c).

"(b) Certification of Fundamental Changes in Iraqi Policies and

Actions. - The authority of subsection (a) may be exercised 60 days

after the President certifies to the Congress that -

"(1) the Government of Iraq -

"(A) has demonstrated, through a pattern of conduct,

substantial improvement in its respect for internationally

recognized human rights;

"(B) is not acquiring, developing, or manufacturing (i)

ballistic missiles, (ii) chemical, biological, or nuclear

weapons, or (iii) components for such weapons; has forsworn the

first use of such weapons; and is taking substantial and

verifiable steps to destroy or otherwise dispose of any such

missiles and weapons it possesses; and

"(C) does not provide support for international terrorism;

"(2) the Government of Iraq is in substantial compliance with

its obligations under international law, including -

"(A) the Charter of the United Nations;

"(B) the International Covenant on Civil and Political Rights

(done at New York, December 16, 1966) and the International

Covenant on Economic, Social, and Cultural Rights (done at New

York, December 16, 1966);

"(C) the Convention on the Prevention and Punishment of the

Crime of Genocide (done at Paris, December 9, 1948);

"(D) the Protocol for the Prohibition of the Use in War of

Asphyxiating, Poisonous or Other Gases, and of Bacteriological

Methods of Warfare (done at Geneva, June 17, 1925);

"(E) the Treaty on the Non-Proliferation of Nuclear Weapons

(done at Washington, London, and Moscow, July 1, 1968); and

"(F) the Convention on the Prohibition of the Development,

Production and Stockpiling of Bacteriological (Biological) and

Toxin Weapons and on Their Destruction (done at Washington,

London, and Moscow, April 10, 1972); and

"(3) the President has determined that it is essential to the

national interests of the United States to exercise the authority

of subsection (a).

"(c) Certification of Fundamental Changes in Iraqi Leadership and

Policies. - The authority of subsection (a) may be exercised 30

days after the President certifies to the Congress that -

"(1) there has been a fundamental change in the leadership of

the Government of Iraq; and

"(2) the new Government of Iraq has provided reliable and

credible assurance that -

"(A) it respects internationally recognized human rights and

it will demonstrate such respect through its conduct;

"(B) it is not acquiring, developing, or manufacturing and it

will not acquire, develop, or manufacture (i) ballistic

missiles, (ii) chemical, biological, or nuclear weapons, or

(iii) components for such weapons; has forsworn the first use

of such weapons; and is taking substantial and verifiable steps

to destroy or otherwise dispose of any such missiles and

weapons it possesses;

"(C) it is not and will not provide support for international

terrorism; and

"(D) it is and will continue to be in substantial compliance

with its obligations under international law, including all the

treaties specified in subparagraphs (A) through (F) of

subsection (b)(2).

"(d) Information To Be Included in Certifications. - Any

certification under subsection (b) or (c) shall include the

justification for each determination required by that subsection.

The certification shall also specify which paragraphs of section

586G(a) the President will waive pursuant to that certification.

"SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES

ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR

WEAPONS CAPABILITY.

"(a) Restriction on Export Licenses. - None of the funds

appropriated by this or any other Act may be used to approve the

licensing for export of any supercomputer to any country whose

government the President determines is assisting, or whose

government officials the President determines are assisting, Iraq

to improve its rocket technology or chemical, biological, or

nuclear weapons capability.

"(b) Negotiations. - The President is directed to begin immediate

negotiations with those governments with which the United States

has bilateral supercomputer agreements, including the Government of

the United Kingdom and the Government of Japan, on conditions

restricting the transfer to Iraq of supercomputer or associated

technology.

"SEC. 586J. REPORTS TO CONGRESS.

"(a) Study and Report on the International Export to Iraq of

Nuclear, Biological, Chemical, and Ballistic Missile Technology. -

(1) The President shall conduct a study on the sale, export, and

third party transfer or development of nuclear, biological,

chemical, and ballistic missile technology to or with Iraq

including -

"(A) an identification of specific countries, as well as

companies and individuals, both foreign and domestic, engaged in

such sale or export of, nuclear, biological, chemical, and

ballistic missile technology;

"(B) a detailed description and analysis of the international

supply, information, support, and coproduction network,

individual, corporate, and state, responsible for Iraq's current

capability in the area of nuclear, biological, chemical, and

ballistic missile technology; and

"(C) a recommendation of standards and procedures against which

to measure and verify a decision of the Government of Iraq to

terminate the development, production, coproduction, and

deployment of nuclear, biological, chemical, and offensive

ballistic missile technology as well as the destruction of all

existing facilities associated with such technologies.

"(2) The President shall include in the study required by

paragraph (1) specific recommendations on new mechanisms, to

include, but not be limited to, legal, political, economic and

regulatory, whereby the United States might contribute, in

conjunction with its friends, allies, and the international

community, to the management, control, or elimination of the threat

of nuclear, biological, chemical, and ballistic missile

proliferation.

"(3) Not later than March 30, 1991, the President shall submit to

the Committee on Appropriations and the Committee on Foreign

Relations of the Senate and the Committee on Appropriations and the

Committee on Foreign Affairs [now Committee on International

Relations] of the House of Representatives, a report, in both

classified and unclassified form, setting forth the findings of the

study required by paragraph (1) of this subsection.

"(b) Study and Report on Iraq's Offensive Military Capability. -

(1) The President shall conduct a study on Iraq's offensive

military capability and its effect on the Middle East balance of

power including an assessment of Iraq's power projection

capability, the prospects for another sustained conflict with Iran,

joint Iraqi-Jordanian military cooperation, the threat Iraq's arms

transfer activities pose to United States allies in the Middle

East, and the extension of Iraq's political-military influence into

Africa and Latin America.

"(2) Not later than March 30, 1991, the President shall submit to

the Committee on Appropriations and the Committee on Foreign

Relations of the Senate and the Committee on Appropriations and the

Committee on Foreign Affairs [now Committee on International

Relations] of the House of Representatives, a report, in both

classified and unclassified form, setting forth the findings of the

study required by paragraph (1).

"(c) Report on Sanctions Taken by Other Nations Against Iraq. -

(1) The President shall prepare a report on the steps taken by

other nations, both before and after the August 2, 1990, invasion

of Kuwait, to curtail the export of goods, services, and

technologies to Iraq which might contribute to, or enhance, Iraq's

nuclear, biological, chemical, and ballistic missile capability.

"(2) The President shall provide a complete accounting of

international compliance with each of the sanctions resolutions

adopted by the United Nations Security Council against Iraq since

August 2, 1990, and shall list, by name, each country which to his

knowledge, has provided any assistance to Iraq and the amount and

type of that assistance in violation of each United Nations

resolution.

"(3) The President shall make every effort to encourage other

nations, in whatever forum or context, to adopt sanctions toward

Iraq similar to those contained in this section.

"(4) Not later than every 6 months after the date of enactment of

this Act [Nov. 5, 1990], the President shall submit to the

Committee on Appropriations and the Committee on Foreign Relations

of the Senate and the Committee on Appropriations and the Committee

on Foreign Affairs [now Committee on International Relations] of

the House of Representatives, a report in both classified and

unclassified form, setting forth the findings of the study required

by paragraph (1) of this subsection."

[Provisions similar to section 586D of Pub. L. 101-513, set out

above, relating to compliance with sanctions against Iraq were

contained in the following appropriations acts:

[Pub. L. 107-115, title V, Sec. 531, Jan. 10, 2002, 115 Stat.

2150.

[Pub. L. 106-429, Sec. 101(a) [title V, Sec. 534], Nov. 6, 2000,

114 Stat. 1900, 1900A-34.

[Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 534],

Nov. 29, 1999, 113 Stat. 1535, 1501A-93.

[Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 535], Oct.

21, 1998, 112 Stat. 2681-150, 2681-181.

[Pub. L. 105-118, title V, Sec. 534, Nov. 26, 1997, 111 Stat.

2416.

[Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.

533], Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.

[Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat.

734.

[Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat.

1639.

[Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat.

957.

[Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat.

1683.]

Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104

Stat. 1697, provided that: "If the President considers that the

taking of such action would promote the effectiveness of the

economic sanctions of the United Nations and the United States

imposed with respect to Iraq, and is consistent with the national

interest, the President may prohibit, for such a period of time as

he considers appropriate, the importation into the United States of

any or all products of any foreign country that has not -

"(1) prohibited -

"(A) the importation of products of Iraq into its customs

territory, and

"(B) the export of its products to Iraq; or

"(2) given assurances satisfactory to the President that such

import and export sanctions will be promptly implemented."

IRAN CLAIMS SETTLEMENT

Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided

that:

"SEC. 501. RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.

"(a) Authority of Foreign Claims Settlement Commission. - The

Foreign Claims Settlement Commission of the United States is

authorized to receive and determine the validity and amounts of

claims by nationals of the United States against Iran which are

settled en bloc by the United States. In deciding such claims, the

Commission shall apply, in the following order -

"(1) the terms of any settlement agreement;

"(2) the relevant provisions of the Declarations of the

Government of the Democratic and Popular Republic of Algeria of

January 19, 1981, giving consideration to interpretations thereof

by the Iran-United States Claims Tribunal; and

"(3) applicable principles of international law, justice, and

equity.

Except as otherwise provided in this title, the provisions of title

I of the International Claims Settlement Act of 1949 (22 U.S.C.

1621 et seq.) shall apply with respect to claims under this

section. Any reference in such provisions to 'this title'

[translated therein as 'this subchapter'] shall be deemed to refer

to those provisions and to this section.

"(b) Certification and Payment. - The Commission shall certify to

the Secretary of the Treasury any awards determined pursuant to

subsection (a) in accordance with section 5 of title I of the

International Claims Settlement Act of 1949 (22 U.S.C. 1624). Such

awards shall be paid in accordance with sections 7 and 8 of such

title (22 U.S.C. 1626 and 1627), except that -

"(1) the Secretary of the Treasury is authorized to make

payments pursuant to paragraphs (1) and (2) of section 8(c) of

such title in the amount of $10,000 or the principal amount of

the award, whichever is less; and

"(2) the Secretary of the Treasury may deduct, pursuant to

section 7(b) of such title, an amount calculated in accordance

with section 502(a) of this Act, instead of 5 percent of payments

made pursuant to section 8(c) of such title.

"SEC. 502. DEDUCTIONS FROM ARBITRAL AWARDS.

"(a) Deduction for Expenses of the United States. - Except as

provided in section 503, the Federal Reserve Bank of New York shall

deduct from the aggregate amount awarded under each enumerated

claim before the Iran-United States Claims Tribunal in favor of a

United States claimant, an amount equal to 1 1/2 percent of the

first $5,000,000 and 1 percent of any amount over $5,000,000, as

reimbursement to the United States Government for expenses incurred

in connection with the arbitration of claims of United States

claimants against Iran before that Tribunal and the maintenance of

the Security Account established pursuant to the Declarations of

the Democratic and Popular Republic of Algeria of January 19, 1981.

The Federal Reserve Bank of New York shall make the deduction

required by the preceding sentence whenever the Bank receives an

amount from the Security Account in satisfaction of an award

rendered by the Iran-United States Claim Tribunal on the enumerated

claim involved.

"(b) Deduction Treated as Miscellaneous Receipt. - Amounts

deducted by the Federal Reserve Bank of New York pursuant to

subsection (a) shall be deposited into the Treasury of the United

States to the credit of miscellaneous receipts.

"(c) Payment to United States Claimants. - Nothing in this

section shall be construed to affect the payment to United States

claimants of amounts received by the Federal Reserve Bank of New

York in respect of awards by the Iran-United States Claims

Tribunal, after deduction of the amounts calculated in accordance

with subsection (a).

"(d) Effective Date. - This section shall be effective as of June

7, 1982.

"SEC. 503. EN BLOC SETTLEMENT.

"The deduction by the Federal Reserve Bank of New York provided

for in section 502(a) of this Act shall not apply in the case of a

sum received by the Bank pursuant to an en bloc settlement of any

category of claims of United States nationals against Iran when

such sum is to be used for payments in satisfaction of awards

certified by the Foreign Claims Settlement Commission pursuant to

section 501(b) of this Act.

"SEC. 504. REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.

"The Secretary of the Treasury may reimburse the Federal Reserve

Bank of New York for expenses incurred by the Bank in the

performance of fiscal agency agreements relating to the settlement

or arbitration of claims pursuant to the Declarations of the

Democratic and Popular Republic of Algeria of January 19, 1981.

"SEC. 505. CONFIDENTIALITY OF RECORDS.

"Notwithstanding section 552 of title 5, United States Code

(commonly referred to as the Freedom of Information Act), records

pertaining to the arbitration of claims before the Iran-United

States Claims Tribunal may not be disclosed to the general public,

except that -

"(1) rules, awards, and other decisions of the Tribunal and

claims and responsive pleadings filed at the Tribunal by the

United States on its own behalf shall be made available to the

public, unless the Secretary of State determines that public

disclosure would be prejudicial to the interests of the United

States or United States claimants in proceedings before the

Tribunal, or that public disclosure would be contrary to the

rules of the Tribunal; and

"(2) the Secretary of State may determine on a case-by-case

basis to make such information available when in the judgment of

the Secretary the interests of justice so require."

-EXEC-

EX. ORD. NO. 12170. BLOCKING IRANIAN GOVERNMENT PROPERTY

Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729, provided:

Pursuant to the authority vested in me as President by the

Constitution and laws of the United States including the

International Emergency Economic Powers Act, 50 U.S.C.A. sec. 1701

et seq., the National Emergencies Act, 50 U.S.C. sec. 1601 et seq.,

and 3 U.S.C. sec. 301,

I, JIMMY CARTER, President of the United States, find that the

situation in Iran constitutes 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.

I hereby order blocked all property and interests in property of

the Government of Iran, its instrumentalities and controlled

entities and the Central Bank of Iran which are or become subject

to the jurisdiction of the United States or which are in or come

within the possession or control of persons subject to the

jurisdiction of the United States.

The Secretary of the Treasury is authorized to employ all powers

granted to me by the International Emergency Economic Powers Act

[this chapter] to carry out the provisions of this order.

This order is effective immediately and shall be transmitted to

the Congress and published in the Federal Register.

Jimmy Carter.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12170

Notice of President of the United States, dated Nov. 12, 2002, 67

F.R. 68929, provided:

On November 14, 1979, by Executive Order 12170 [set out above],

the President declared a national emergency with respect to Iran

pursuant to the International Emergency Economic Powers Act (50

U.S.C. 1701-1706) to deal with the unusual and extraordinary threat

to the national security, foreign policy, and economy of the United

States constituted by the situation in Iran. Because our relations

with Iran have not yet returned to normal, and the process of

implementing the January 19, 1981, agreements with Iran is still

underway, the national emergency declared on November 14, 1979,

must continue in effect beyond November 14, 2002. Therefore, in

accordance with section 202(d) of the National Emergencies Act (50

U.S.C. 1622(d)), I am continuing for 1 year this national emergency

with respect to Iran.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12170 were contained in the following:

Notice of President of the United States, dated Nov. 9, 2001, 66

F.R. 56966.

Notice of President of the United States, dated Nov. 9, 2000, 65

F.R. 68061.

Notice of President of the United States, dated Nov. 5, 1999, 64

F.R. 61471.

Notice of President of the United States, dated Nov. 9, 1998, 63

F.R. 63125.

Notice of President of the United States, dated Sept. 30, 1997,

62 F.R. 51591.

Notice of President of the United States, dated Oct. 29, 1996, 61

F.R. 56107.

Notice of President of the United States, dated Oct. 31, 1995, 60

F.R. 55651.

Notice of President of the United States, dated Oct. 31, 1994, 59

F.R. 54785.

Notice of President of the United States, dated Nov. 1, 1993, 58

F.R. 58639.

Notice of President of the United States, dated Oct. 25, 1992, 57

F.R. 48719.

Notice of President of the United States, dated Nov. 12, 1991, 56

F.R. 57791.

Notice of the President of the United States, dated Nov. 9, 1990,

55 F.R. 47453.

Notice of the President of the United States, dated Oct. 30,

1989, 54 F.R. 46043.

Notice of the President of the United States, dated Nov. 8, 1988,

53 F.R. 45750.

Notice of the President of the United States, dated Nov. 10,

1987, 52 F.R. 43549.

Notice of the President of the United States, dated Nov. 10,

1986, 51 F.R. 41067.

Notice of the President of the United States, dated Nov. 1, 1985,

50 F.R. 45901.

Notice of the President of the United States, dated Nov. 7, 1984,

49 F.R. 44741.

Notice of the President of the United States, dated Nov. 8, 1982,

47 F.R. 50841.

EX. ORD. NO. 12205. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN

Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by

Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, and Section 301

of the National Emergencies Act (50 U.S.C. 1631), in order to take

steps additional to those set forth in Executive Order No. 12170 of

November 14, 1979 [set out as a note above], to deal with the

threat to the national security, foreign policy and economy of the

United States referred to in that Order, and in furtherance of the

objectives of United Nations Security Council Resolution 461 (1979)

adopted on December 31, 1979, it is hereby ordered as follows:

1-101. The following are prohibited effective immediately,

notwithstanding any contracts entered into or licenses granted

before the date of this Order [Apr. 7, 1980]:

(a) The sale, supply or other transfer, by any person subject to

the jurisdiction of the United States, of any items, commodities or

products, except food, medicine and supplies intended strictly for

medical purposes, and donations of clothing intended to be used to

relieve human suffering, from the United States, or from any

foreign country, whether or not originating in the United States,

either to or destined for Iran, an Iranian governmental entity in

Iran, any other person or body in Iran or any other person or body

for the purposes of any enterprise carried on in Iran.

(b) The shipment by vessel, aircraft, railway or other land

transport of United States registration or owned by or under

charter to any person subject to the jurisdiction of the United

States or the carriage (whether or not in bond) by land transport

facilities across the United States of any of the items,

commodities and products covered by paragraph (a) of this section

which are consigned to or destined for Iran, an Iranian

governmental entity or any person or body in Iran, or to any

enterprise carried on in Iran.

(c) The shipment from the United States of any of the items,

products and commodities covered by paragraph (a) of this section

on vessels or aircraft registered in Iran.

(d) The following acts, when committed by any person subject to

the jurisdiction of the United States in connection with any

transaction involving Iran, an Iranian governmental entity, an

enterprise controlled by Iran or an Iranian governmental entity, or

any person in Iran:

(i) Making available any new credits or loans;

(ii) Making available any new deposit facilities or allowing

substantial increases in non-dollar deposits which exist as of

the date of this Order [Apr. 7, 1980];

(iii) Allowing more favorable terms of payment than are

customarily used in international commercial transactions; or

(iv) Failing to act in a businesslike manner in exercising any

rights when payments due on existing credits or loans are not

made in a timely manner.

(v) Make any payment, transfer of credit, or other transfer of

funds or other property or interests therein, except for purposes

of family remittances.

(e) The engaging by any person subject to the jurisdiction of the

United States in any service contract in support of an industrial

project in Iran, except any such contract entered into prior to the

date of this Order [Apr. 7, 1980] or concerned with medical care.

(f) The engaging by any person subject to the jurisdiction of the

United States in any transaction which evades or avoids, or has the

purpose or effect of evading or avoiding, any of the prohibitions

set forth in this section.

1-102. The prohibitions in section 1-101 above shall not apply to

transactions by any person subject to the jurisdiction of the

United States which is a nonbanking association, corporation, or

other organization organized and doing business under the laws of

any foreign country.

1-103. The Secretary of the Treasury is delegated, and authorized

to exercise, all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order. The Secretary may

redelegate any of these functions to other officers and agencies of

the Federal government.

1-104. The Secretary of the Treasury shall ensure that actions

taken pursuant to this Order and Executive Order No. 12170 [set out

above] are accounted for as required by Section 401 of the National

Emergencies Act (50 U.S.C. 1641).

1-105. This Order is effective immediately. In accord with

Section 401 of the National Emergencies Act (50 U.S.C. 1641) and

Section 204 of the International Emergency Economic Powers Act (50

U.S.C. 1703), it shall be immediately transmitted to the Congress

and published in the Federal Register.

Jimmy Carter.

REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12205

For provisions relating to the revocation of prohibitions

contained in Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as

amended, which prohibited certain transactions with Iran, see Ex.

Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, set out below.

EX. ORD. NO. 12211. PROHIBITING CERTAIN TRANSACTIONS WITH IRAN

Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Sections 1732 and

2656 of Title 22 of the United States Code, and Section 301 of the

National Emergencies Act (50 U.S.C. 1631), in order to take steps

additional to those set forth in Executive Order No. 12170 of

November 14, 1979 [set out above], and Executive Order No. 12205 of

April 7, 1980 [set out above], to deal with the threat to the

national security, foreign policy and economy of the United States

referred to in those Orders, and the added unusual and

extraordinary threat to the national security, foreign policy and

economy of the United States created by subsequent events in Iran

and neighboring countries, including the Soviet invasion of

Afghanistan, with respect to which I hereby declare a national

emergency, and to carry out the policy of the United States to deny

the use of its resources to aid, encourage or give sanctuary to

those persons involved in directing, supporting or participating in

acts of international terrorism, it is hereby ordered as follows:

1-101. Paragraph 1-101(d) of Executive Order No. 12205 [set out

above] is hereby amended by the addition of a new subparagraph (v)

as follows:

(v) Make any payment, transfer of credit, or other transfer of

funds or other property or interests therein, except for purposes

of family remittances.

1-102. The following transactions are prohibited, notwithstanding

any contracts entered into or licenses granted before the date of

this Order [Apr. 17, 1980]:

(a) Effective immediately, the direct or indirect import from

Iran into the United States of Iranian goods or services, other

than materials imported for news publication or news broadcast

dissemination.

(b) Effective immediately, any transactions with a foreign

person or foreign entity by any citizen or permanent resident of

the United States relating to that person's travel to Iran after

the date of this Order [Apr. 17, 1980].

(c) Effective seven days from the date of this Order [Apr. 17,

1980], the payment by or on behalf of any citizen or permanent

resident of the United States who is within Iran of any expenses

for transactions within Iran.

The prohibitions in paragraphs (b) and (c) of this section shall

not apply to a person who is also a citizen of Iran and those

prohibitions and the prohibitions in section 1-101 shall not apply

to a journalist or other person who is regularly employed by a news

gathering or transmitting organization and who travels to Iran or

is within Iran for the purpose of gathering or transmitting news,

making news or documentary films, or similar activities.

1-103. The Secretary of the Treasury is hereby directed,

effective fourteen days from the date of this Order [Apr. 17,

1980], to revoke existing licenses for transactions by persons

subject to the jurisdiction of the United States with Iran Air, the

National Iranian Oil Company, and the National Iranian Gas Company

previously issued pursuant to regulations under Executive Order No.

12170 [set out above], or Executive Order No. 12205 [set out

above].

1-104. The Secretary of the Treasury is delegated, and authorized

to exercise, all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order. The Secretary may

redelegate any of these functions to other officers and agencies of

the Federal government.

1-105. The Secretary of the Treasury shall ensure that actions

taken by him pursuant to the above provisions of this Order,

Executive Order No. 12170 [set out above] and Executive Order No.

12205 [set out above] are accounted for as required by Section 401

of the National Emergencies Act (50 U.S.C. 1641).

1-106. The Secretary of State is delegated, and authorized to

exercise in furtherance of the purposes of this Order, the powers

vested in the President by Section 2001 of the Revised Statutes (22

U.S.C. 1732), Section 1 of the Act of July 3, 1926 (22 U.S.C.

211a), and Section 215 of the Immigration and Nationality Act (8

U.S.C. 1185), with respect to:

(a) the restriction of the use of United States passports for

travel to, in or through Iran; and

(b) the regulation of departures from and entry into the United

States in connection with travel to Iran by citizens and

permanent residents of the United States.

1-107. Except as otherwise indicated herein, this Order is

effective immediately. In accord with Section 401 of the National

Emergencies Act (50 U.S.C. 1641) and Section 204 of the

International Emergency Economic Powers Act (50 U.S.C. 1703), it

shall be immediately transmitted to the Congress and published in

the Federal Register.

Jimmy Carter.

REVOCATION OF PROHIBITIONS CONTAINED IN EXECUTIVE ORDER NO. 12211

For provisions relating to the revocation of prohibitions

contained in Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685,

which prohibited certain transactions with Iran, see Ex. Ord. No.

12282, Jan. 19, 1981, 46 F.R. 7925, set out below.

EX. ORD. NO. 12276. RELEASE OF AMERICAN HOSTAGES IN IRAN -

DIRECTION RELATING TO ESTABLISHMENT OF ESCROW ACCOUNTS

Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran, it

is hereby ordered that as of the effective date of this Order:

1-101. The Secretary of the Treasury is authorized to enter into,

and to license, authorize, direct, and compel any appropriate

official and/or the Federal Reserve Bank of New York, as fiscal

agent of the United States, to enter into escrow or related

agreements with a foreign central bank and with the Central Bank of

Algeria under which certain money and other assets, as and when

directed by the Secretary of the Treasury, shall be credited by the

foreign central bank to an escrow account on its books in the name

of the Central Bank of Algeria for transfer to the Government of

Iran if and when the Central Bank of Algeria receives from the

Government of Algeria a certification that the 52 U.S. diplomats

and nationals being held hostage in Iran have safely departed from

Iran. Such agreements shall include other parties and terms as

determined by the Secretary of the Treasury to be appropriate to

carry out the purposes of this Order.

1-102. The Secretary of the Treasury is authorized to license,

authorize, direct, and compel the Federal Reserve Bank of New York,

as fiscal agent of the United States, to receive certain money and

other assets in which Iran or its agencies, instrumentalities, or

controlled entities have an interest and to hold or transfer such

money and other assets, and any interest earned thereon, in such a

manner as he deems necessary to fulfill the rights and obligations

of the United States under the Declaration of the Government of the

Democratic and Popular Republic of Algeria dated January 19, 1981,

and the escrow and related agreements described in paragraph 1-101

of this Order. Such money and other assets may be held in

interest-bearing form and where possible shall be invested with or

through the entity holding the money or asset on the effective date

of this Order.

1-103. Compliance with this Executive Order, any other Executive

Order licensing, authorizing, directing or compelling the transfer

of the assets referred to in paragraphs 1-101 and 1-102 of this

Order, or any regulations, instructions, or directions issued

thereunder shall to the extent thereof be a full acquittance and

discharge for all purposes of the obligation of the person making

the same. No person shall be held liable in any court for or with

respect to anything done or omitted in good faith in connection

with the administration of, or pursuant to and in reliance on, such

orders, regulations, instructions, or directions.

1-104. The Attorney General shall seek to intervene in any

litigation within the United States which arises out of this Order

and shall, among other things, defend the legality of, and all

actions taken pursuant to, each of its provisions.

1-105. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order.

1-106. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12277. RELEASE OF AMERICAN HOSTAGES IN IRAN -

DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS

Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran and

in which Iran and the United States instruct and require that the

assets described in this order shall be transferred as set forth

below by the holders of such assets, it is hereby ordered that as

of the effective date of this Order:

1-101. The Federal Reserve Bank of New York is licensed,

authorized, directed, and compelled to transfer to accounts at the

Bank of England, and subsequently to transfer to accounts at the

Bank of England established pursuant to an escrow agreement

approved by the Secretary of the Treasury, all gold bullion, and

other assets (or the equivalent thereof) in its custody, of the

Government of Iran, or its agencies, instrumentalities or

controlled entities. Such transfers shall be executed when and in

the manner directed by the Secretary of the Treasury. The Secretary

of the Treasury is also authorized to license, authorize, direct,

and compel the Federal Reserve Bank of New York to engage in

whatever further transactions he deems appropriate and consistent

with the purposes of this Order, including any transactions related

to the return of such bullion and other assets pursuant to the

escrow agreement.

1-102. (a) All licenses and authorizations for acquiring or

exercising any right, power, or privilege, by court order,

attachment, or otherwise, including the license contained in

Section 535.504 of the Iranian Assets Control Regulations, with

respect to the properties described in Section 1-101 of this Order

are revoked and withdrawn.

(b) All rights, powers, and privileges relating to the properties

described in section 1-101 of this Order and which derive from any

attachment, injunction, other like proceedings or process, or other

action in any litigation after November 14, 1979, at 8:10 a.m. EST,

including those derived from Section 535.504 of the Iranian Assets

Control Regulations, other than rights, powers, and privileges of

the Government of Iran and its agencies, instrumentalities, and

controlled entities, whether acquired by court order or otherwise,

are nullified, and all persons claiming any such right, power, or

privilege are hereafter barred from exercising the same.

(c) All persons subject to the jurisdiction of the United States

are prohibited from acquiring or exercising any right, power, or

privilege, whether by court order or otherwise, with respect to the

properties (and any income earned thereon) referred to in Section

1-101 of this Order.

1-103. Compliance with this Order, any other Executive Order

licensing, authorizing, directing, or compelling the transfer of

the assets described in section 1-101 of this Order, or any

regulations, instructions, or directions issued thereunder shall to

the extent thereof be a full acquittance and discharge for all

purposes of the obligation of the person making the same. No person

shall be held liable in any court for or with respect to anything

done or omitted in good faith in connection with the administration

of, or pursuant to and in reliance on, such orders, regulations,

instructions, or directions.

1-104. The Attorney General shall seek to intervene in any

litigation within the United States which arises out of this Order

and shall, among other things, defend the legality of, and all

actions taken pursuant to, each of its provisions.

1-105. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order.

1-106. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12278. RELEASE OF AMERICAN HOSTAGES IN IRAN -

DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS OVERSEAS

Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran and

in which Iran and the United States instruct and require that the

assets described in this Order shall be transferred as set forth

below by the holders of such assets, it is hereby ordered that as

of the effective date of this Order:

1-101. Any branch or office of a United States bank or subsidiary

thereof, which branch or office is located outside the territory of

the United States and which on or after 8:10 a.m. E.S.T. on

November 14, 1979 (a) has been or is in possession of funds or

securities legally or beneficially owned by the Government of Iran

or its agencies, instrumentalities, or controlled entities, or (b)

has carried or is carrying on its books deposits standing to the

credit of or beneficially owned by such Government, agencies,

instrumentalities, or controlled entities, is licensed, authorized,

directed, and compelled to transfer such funds, securities, and

deposits, including interest from November 14, 1979, at

commercially reasonable rates, to the account of the Federal

Reserve Bank of New York at the Bank of England, to be held or

transferred as directed by the Secretary of the Treasury. The

Secretary of the Treasury shall determine when the transfers

required by this section shall take place. The funds, securities

and deposits described in this section shall be further transferred

as provided for in the Declaration of the Government of the

Democratic and Popular Republic of Algeria and its Annex.

1-102. Any banking institution subject to the jurisdiction of the

United States that has executed a set-off on or after November 14,

1979, at 8:10 a.m. E.S.T. against Iranian funds, securities, or

deposits referred to in section 1-101 is hereby licensed,

authorized, directed, and compelled to cancel such set-off and to

transfer all funds, securities, and deposits which have been

subject to such set-off, including interest from November 14, 1979,

at commercially reasonable rates, pursuant to the provisions of

section 1-101 of this Order.

1-103. If the funds, securities, and deposits described in

section 1-101 are not promptly transferred to the control of the

Government of Iran, such funds, securities, and deposits shall be

returned to the banking institutions holding them on the effective

date of this Order and the set-offs described in section 1-102

shall be in force as if this Order had not been issued and the

status of all such funds, securities, deposits and set-offs shall

be status quo ante.

1-104. (a) All licenses and authorizations for acquiring or

exercising any right, power, or privilege, by court order,

attachment, or otherwise, including the license contained in

Section 535.504 of the Iranian Assets Control Regulations, with

respect to the properties described in Sections 1-101 and 1-102 of

this Order are revoked and withdrawn.

(b) All rights, powers, and privileges relating to the properties

described in Sections 1-101 and 1-102 of this Order and which

derive from any attachment, injunction, other like proceedings or

process, or other action in any litigation after November 14, 1979,

at 8:10 a.m. E.S.T., including those derived from Section 535.504

of the Iranian Assets Control Regulations, other than rights,

powers, and privileges of the Government of Iran and its agencies,

instrumentalities, and controlled entities, whether acquired by

court order or otherwise, are nullified, and all persons claiming

any such right, power, or privilege are hereafter barred from

exercising the same.

(c) All persons subject to the jurisdiction of the United States

are prohibited from acquiring or exercising any right, power, or

privilege, whether by court order or otherwise, with respect to the

properties (and any income earned thereon) referred to in Sections

1-101 and 1-102 of this Order.

1-105. Compliance with this Order, any other Executive Order

licensing, authorizing, directing, or compelling the transfer of

the assets described in Sections 1-101 and 1-102 of this Order, or

any regulations, instructions, or directions issued thereunder

shall to the extent thereof be a full acquittance and discharge for

all purposes of the obligation of the person making the same. No

person shall be held liable in any court for or with respect to

anything done or omitted in good faith in connection with the

administration of, or pursuant to and in reliance on, such orders,

regulations, instructions, or directions.

1-106. The Attorney General shall seek to intervene in any

litigation within the United States which arises out of this Order

and shall, among other things, defend the legality of, and all

actions taken pursuant to, each of its provisions.

1-107. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order.

1-108. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12279. RELEASE OF AMERICAN HOSTAGES IN IRAN -

DIRECTION TO TRANSFER IRANIAN GOVERNMENT ASSETS HELD BY DOMESTIC

BANKS

Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran and

in which Iran and the United States instruct and require that the

assets described in this Order shall be transferred as set forth

below by the holders of such assets, it is hereby ordered that as

of the effective date of this Order:

1-101. Any branch or office of a banking institution subject to

the jurisdiction of the United States, which branch or office is

located within the United States and is, on the effective date,

either (a) in possession of funds or securities legally or

beneficially owned by the Government of Iran or its agencies,

instrumentalities, or controlled entities, or (b) carrying on its

books deposits standing to the credit of or beneficially owned by

such Government, agencies, instrumentalities, or controlled

entities is licensed, authorized, directed and compelled to

transfer such funds, securities, and deposits, including interest

from November 14, 1979, at commercially reasonable rates, to the

Federal Reserve Bank of New York, to be held or transferred as

directed by the Secretary of the Treasury.

1-102. (a) All licenses and authorizations for acquiring or

exercising any right, power, or privilege, by court order,

attachment, or otherwise, including the license contained in

Section 535.504 of the Iranian Assets Control Regulations, with

respect to the properties described in Section 1-101 of this Order

are revoked and withdrawn.

(b) All rights, powers, and privileges relating to the properties

described in section 1-101 of this Order and which derive from any

attachment, injunction, other like proceedings or process, or other

action in any litigation after November 14, 1979, at 8:10 a.m. EST,

including those derived from Section 535.504 of the Iranian Assets

Control Regulations, other than rights, powers, and privileges of

the Government of Iran and its agencies, instrumentalities, and

controlled entities, whether acquired by court order or otherwise,

are nullified, and all persons claiming any such right, power, or

privilege are hereafter barred from exercising the same.

(c) All persons subject to the jurisdiction of the United States

are prohibited from acquiring or exercising any right, power, or

privilege whether by court order or otherwise, with respect to the

properties (and any income earned thereon) referred to in Section

1-101 of this Order.

1-103. Compliance with this Order, any other Executive Order

licensing, authorizing, directing or compelling the transfer of the

assets described in section 1-101 of this Order, or any

regulations, instructions, or directions issued thereunder shall to

the extent thereof be a full acquittance and discharge for all

purposes of the obligation of the person making the same. No person

shall be held liable in any court for or with respect to anything

done or omitted in good faith in connection with the administration

of, or pursuant to and in reliance on, such orders, regulations,

instructions, or directions.

1-104. The Attorney General shall seek to intervene in any

litigation within the United States which arises out of this Order

and shall, among other things, defend the legality of, and all

actions taken pursuant to, each of its provisions.

1-105. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order.

1-106. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12280. RELEASE OF AMERICAN HOSTAGES IN IRAN -

DIRECTION TO TRANSFER IRANIAN GOVERNMENT FINANCIAL ASSETS HELD BY

NON-BANKING INSTITUTIONS

Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran and

in which Iran and the United States instruct and require that the

assets described in this Order shall be transferred as set forth

below by the holders of such assets, it is hereby ordered that as

of the effective date of this Order:

1-101. Any person subject to the jurisdiction of the United

States which is not a banking institution and is on the effective

date in possession or control of funds or securities of Iran or its

agencies, instrumentalities, or controlled entities is licensed,

authorized, directed and compelled to transfer such funds or

securities to the Federal Reserve Bank of New York to be held or

transferred as directed by the Secretary of the Treasury.

1-102. (a) All licenses and authorizations for acquiring or

exercising any right, power, or privilege, by court order,

attachment, or otherwise, including the license contained in

Section 535.504 of the Iranian Assets Control Regulations, with

respect to the properties described in Section 1-101 of this Order

are revoked and withdrawn.

(b) All rights, powers, and privileges relating to the properties

described in section 1-101 of this Order and which derive from any

attachment, injunction, other like proceedings or process, or other

action in any litigation after November 14, 1979, at 8:10 a.m. EST,

including those derived from Section 535.504 of the Iranian Assets

Control Regulations, other than rights, powers, and privileges of

the Government of Iran and its agencies, instrumentalities, and

controlled entities, whether acquired by court order or otherwise,

are nullified, and all persons claiming any such right, power, or

privilege are hereafter barred from exercising the same.

(c) All persons subject to the jurisdiction of the United States

are prohibited from acquiring or exercising any right, power, or

privilege, whether by court order or otherwise, with respect to the

properties (and any income earned thereon) referred to in Section

1-101 of this Order.

1-103. Compliance with this Executive Order, any other Executive

Order licensing, authorizing, directing or compelling the transfer

of the assets described in paragraph 1-101 of this Order, or any

regulations, instructions, or directions issued thereunder shall to

the extent thereof be a full acquittance and discharge for all

purposes of the obligation of the person making the same. No person

shall be held liable in any court for or with respect to anything

done or omitted in good faith in connection with the administration

of, or pursuant to and in reliance on, such orders, regulations,

instructions, or directions.

1-104. The Attorney General shall seek to intervene in any

litigation within the United States which arises out of this Order

and shall, among other things, defend the legality of and all

actions taken pursuant to, each of its provisions.

1-105. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order.

1-106. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12281. RELEASE OF AMERICAN HOSTAGES IN IRAN -

DIRECTION TO TRANSFER CERTAIN IRANIAN GOVERNMENT ASSETS

Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran and

in which Iran and the United States instruct and require that the

assets described in this Order shall be transferred as set forth

below by the holders of such assets, it is hereby ordered that as

of the effective date of this Order:

1-101. All persons subject to the jurisdiction of the United

States in possession or control of properties, not including funds

and securities, owned by Iran or its agencies, instrumentalities,

or controlled entities are licensed, authorized, directed and

compelled to transfer such properties, as directed after the

effective date of this Order by the Government of Iran, acting

through its authorized agent. Except where specifically stated,

this license, authorization, and direction does not relieve persons

subject to the jurisdiction of the United States from existing

legal requirements other than those based upon the International

Emergency Economic Powers Act [this chapter].

1-102. (a) All licenses and authorizations for acquiring or

exercising any right, power, or privilege, by court order,

attachment, or otherwise, including the license contained in

Section 535.504 of the Iranian Assets Control Regulations, with

respect to the properties described in Section 1-101 of this Order

are revoked and withdrawn.

(b) All rights, powers, and privileges relating to the properties

described in section 1-101 of this Order and which derive from any

attachment, injunction, other like proceedings or process, or other

action in any litigation after November 14, 1979, at 8:10 a.m. EST,

including those derived from Section 535.504 of the Iranian Assets

Control Regulations, other than rights, powers, and privileges of

the Government of Iran and its agencies, instrumentalities, and

controlled entities, whether acquired by court order or otherwise,

are nullified, and all persons claiming any such right, power, or

privilege are hereafter barred from exercising the same.

(c) All persons subject to the jurisdiction of the United States

are prohibited from acquiring or exercising any right, power, or

privilege, whether by court order or otherwise, with respect to the

properties (and any income earned thereon) referred to in Section

1-101 of this Order.

1-103. Compliance with this Executive Order, any other Executive

Order licensing, authorizing, directing or compelling the transfer

of the assets described in paragraph 1-101 of this Order, or any

regulations, instructions, or directions issued thereunder shall to

the extent thereof be a full acquittance and discharge for all

purposes of the obligation of the person making the same. No person

shall be held liable in any court for or with respect to anything

done or omitted in good faith in connection with the administration

of, or pursuant to and in reliance on, such orders, regulations,

instructions, or directions.

1-104. The Attorney General shall seek to intervene in any

litigation within the United States which arises out of this Order

and shall, among other things, defend the legality of, and all

actions taken pursuant to, each of its provisions.

1-105. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order.

1-106. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12282. RELEASE OF AMERICAN HOSTAGES IN IRAN -

REVOCATION OF PROHIBITIONS AGAINST TRANSACTIONS INVOLVING IRAN

Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostage and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran, it

is hereby ordered that as of the effective date of this Order:

1-101. The prohibitions contained in Executive Order 12205 of

April 7, 1980 [set out above], and Executive Order 12211 of April

17, 1980 [set out above], and Proclamation 4702 of November 12,

1979 [amending Proc. No. 3279, set out under section 1862 of Title

19, Customs Duties], are hereby revoked.

1-102. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purpose of this Order.

1-103. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12283. RELEASE OF AMERICAN HOSTAGES IN IRAN -

NON-PROSECUTION OF CLAIMS OF HOSTAGES AND FOR ACTIONS AT THE UNITED

STATES EMBASSY AND ELSEWHERE

Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran, it

is hereby ordered that as of the effective date of this Order:

1-101. The Secretary of the Treasury shall promulgate

regulations: (a) prohibiting any person subject to U.S.

jurisdiction from prosecuting in any court within the United States

or elsewhere any claim against the Government of Iran arising out

of events occurring before the date of this Order relating to (1)

the seizure of the hostages on November 4, 1979, (2) their

subsequent detention, (3) injury to United States property or

property of United States nationals within the United States

Embassy compound in Tehran after November 3, 1979, or (4) injury to

United States nationals or their property as a result of popular

movements in the course of the Islamic Revolution in Iran which

were not an act of the Government of Iran; (b) prohibiting any

person not a U.S. national from prosecuting any such claim in any

court within the United States; (c) ordering the termination of any

previously instituted judicial proceedings based upon such claims;

and (d) prohibiting the enforcement of any judicial order issued in

the course of such proceedings.

1-102. The Attorney General of the United States is authorized

and directed, immediately upon the issuance of regulations in

accordance with Section 1-101, to take all appropriate measures to

notify all appropriate courts of the existence of this Order and

implementing regulations and the resulting termination of

litigation.

1-103. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purpose of this Order.

1-104. This Order shall be effective immediately.

Jimmy Carter.

EX. ORD. NO. 12284. RELEASE OF AMERICAN HOSTAGES IN IRAN -

RESTRICTIONS ON TRANSFER OF PROPERTY OF FORMER SHAH OF IRAN

Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which I based my declarations

of national emergency in Executive Order 12170 [set out above],

issued November 14, 1979, and in Executive Order 12211 [set out

above], issued April 17, 1980, in order to implement agreements

with the Government of Iran, as reflected in Declarations of the

Government of the Democratic and Popular Republic of Algeria dated

January 19, 1981, relating to the release of U.S. diplomats and

nationals being held as hostages and to the resolution of claims of

United States nationals against Iran, and to begin the process of

normalization of relations between the United States and Iran, it

is hereby ordered that as of the effective date of this Order:

1-101. For the purpose of protecting the rights of litigants in

courts within the United States, all property and assets located in

the United States within the control of the estate of Mohammad Reza

Pahlavi, the former Shah of Iran, or any close relative of the

former Shah served as a defendant in litigation in such courts

brought by Iran seeking the return of property alleged to belong to

Iran, is hereby blocked as to each such estate or person until all

such litigation against such estate or person is finally

terminated.

1-102. The Secretary of the Treasury is authorized and directed

(a) to promulgate regulations requiring all persons who are subject

to the jurisdiction of the United States and who, as of November 3,

1979, or as of this date, have actual or constructive possession of

property of the kind described in Section 1-101, or knowledge of

such possession by others, to report such possession or knowledge

thereof, to the Secretary of the Treasury in accordance with such

regulations and (b) to make available to the Government of Iran or

its designated agents all identifying information derived from such

reports to the fullest extent permitted by law. Such reports shall

be required as to all individuals described in 1-101 and shall be

required to be filed within 30 days after publication of a notice

in the Federal Register.

1-103. The Secretary of the Treasury is authorized and directed

(a) to require all agencies within the Executive Branch of the

United States Government to deliver to the Secretary all official

financial books and records which serve to identify any property of

the kind described in Section 1-101 of this Order, and (b) to make

available to the Government of Iran or its designated agents all

identifying information derived from such books and records to the

fullest extent permitted by law.

1-104. The Attorney General of the United States having advised

the President of his opinion that no claim on behalf of the

Government of Iran for recovery of property of the kind described

in Section 1-101 of this Order should be considered legally barred

either by sovereign immunity principles or by the act of state

doctrine, the Attorney General is authorized and directed to

prepare, and upon the request of counsel representing the

Government of Iran to present to the appropriate court or courts

within the United States, suggestions of interest reflecting that

such is the position of the United States, and that it is also the

position of the United States that Iranian decrees and judgments

relating to the assets of the former Shah and the persons described

in Section 1-101 should be enforced by such courts in accordance

with United States law.

1-105. The Secretary of the Treasury is delegated and authorized

to exercise all functions vested in the President by the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) to carry out the purposes of this Order.

1-106. This Order shall be effective immediately.

Jimmy Carter.

EXECUTIVE ORDER NO. 12285

Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by

Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No.

12317, Aug. 14, 1981, 46 F.R. 42241, which established the

President's Commission on Hostage Compensation and provided for its

membership, functions, etc., was revoked by Ex. Ord. No. 12379,

Sec. 21, Aug. 17, 1982, 47 F.R. 36100, set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to

Title 5, Government Organization and Employees.

EX. ORD. NO. 12294. SUSPENSION OF LITIGATION AGAINST IRAN

Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States, including Section 203 of the

International Emergency Economic Powers Act (50 U.S.C. 1702),

Section 301 of Title 3 of the United States Code, Section 1732 of

Title 22 of the United States Code, and Section 301 of the National

Emergencies Act (50 U.S.C. 1631), in view of the continuing unusual

and extraordinary threat to the national security, foreign policy

and economy of the United States upon which were based the

declarations of national emergency in Executive Order No. 12170,

issued November 14, 1979 [set out above], and in Executive Order

No. 12211, issued April 17, 1980 [set out above], in light of the

agreement with the Government of Iran, as reflected in the

Declarations of the Government of the Democratic and Popular

Republic of Algeria dated January 19, 1981, relating to the release

of United States diplomats and nationals being held as hostages and

to the resolution of claims of United States nationals against

Iran, in order to implement Article II of the Declaration of

Algeria concerning the settlement of claims and to begin the

process of normalization of relations between the United States and

Iran, it is hereby ordered that as of the effective date of this

Order:

Section 1. All claims which may be presented to the Iran-United

States Claims Tribunal under the terms of Article II of the

Declaration of the Government of the Democratic and Popular

Republic of Algeria Concerning the Settlement of Claims by the

Government of the United States of America and the Government of

the Islamic Republic of Iran, and all claims for equitable or other

judicial relief in connection with such claims, are hereby

suspended, except as they may be presented to the Tribunal. During

the period of this suspension, all such claims shall have no legal

effect in any action now pending in any court of the United States,

including the courts of any state or any locality thereof, the

District of Columbia and Puerto Rico, or in any action commenced in

any such court after the effective date of this Order. Nothing in

this action precludes the commencement of an action after the

effective date of this Order for the purpose of tolling the period

of limitations for commencement of such action.

Sec. 2. Nothing in this Order shall require dismissal of any

action for want of prosecution.

Sec. 3. Suspension under this Order of a claim or a portion

thereof submitted to the Iran-United States Claims Tribunal for

adjudication shall terminate upon a determination by the Tribunal

that it does not have jurisdiction over such claim or such portion

thereof.

Sec. 4. A determination by the Iran-United States Claims Tribunal

on the merits that a claimant is not entitled to recover on a claim

shall operate as a final resolution and discharge of the claim for

all purposes. A determination by the Tribunal that a claimant shall

have recovery on a claim in a specified amount shall operate as a

final resolution and discharge of the claim for all purposes upon

payment to the claimant of the full amount of the award, including

any interest awarded by the Tribunal.

Sec. 5. Nothing in this Order shall apply to any claim concerning

the validity or payment of a standby letter of credit, performance

or payment bond or other similar instrument.

Sec. 6. Nothing in this Order shall prohibit the assertion of a

counterclaim or set-off by a United States national in any judicial

proceeding pending or hereafter commenced by the Government of

Iran, any political subdivision of Iran, or any agency,

instrumentality, or entity controlled by the Government of Iran or

any political subdivision thereof.

Sec. 7. The Secretary of the Treasury is authorized to employ all

powers granted to me by the International Emergency Economic Powers

Act [this chapter] and by 22 U.S.C. Sec. 1732 to carry out the

purposes of this Order.

Sec. 8. Executive Order Nos. 12276 through 12285 of January 19,

1981 [set out above], are ratified.

This Order shall be effective immediately and copies shall be

transmitted to the Congress.

Ronald Reagan.

EXECUTIVE ORDER NO. 12444

Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, which continued

effectiveness of the Export Administration Act of 1979, 50 App.

U.S.C. 2401 et seq., and of orders, rules and regulations

promulgated thereunder, was revoked by Ex. Ord. No. 12451, Dec. 20,

1983, 48 F.R. 56563, set out below.

EX. ORD. NO. 12451. CONTINUATION OF EXPORT CONTROL REGULATIONS

Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including section 203 of

the International Emergency Economic Powers Act (50 U.S.C. 1702)

(hereinafter referred to as "IEEPA"), 22 U.S.C. 287c, and the

Export Administration Act of 1979, as amended (50 U.S.C. App. 2401

et seq.) (hereinafter referred to as "the Act), it is hereby

ordered as follows:

Section 1. In view of the extension by Public Law 98-207

(December 5, 1983) [amending 50 App. U.S.C. 2419], of the

authorities contained in the Act, Executive Order No. 12444 of

October 14, 1983, which continued in effect export control

regulations under IEEPA, is revoked, and the declaration of

economic emergency is rescinded.

Sec. 2. The revocation of Executive Order No. 12444 shall not

affect any violation of any rules, regulations, orders, licenses

and other forms of administrative action under that Order which

occurred during the period that Order was in effect. All rules and

regulations issued or continued in effect under the authority of

the IEEPA and that Order, including those published in Title 15,

Chapter III, Subchapter C, of the Code of Federal Regulations,

Parts 368 to 399 inclusive, and all orders, regulations, licenses

and other forms of administrative action issued, taken or continued

in effect pursuant thereto, shall remain in full force and effect,

as if issued, taken or continued in effect pursuant to the Act

until amended or revoked by the proper authority. Nothing in this

Order shall affect the continued applicability of the provision for

the administration of the Act and delegations of authority set

forth in Executive Order No. 12002 of July 7, 1977 and Executive

Order No. 12214 of May 2, 1980 [50 App. U.S.C. 2403 note].

Sec. 3. All orders, licenses, and other forms of administrative

action issued, taken or continued in effect pursuant to the

authority of the IEEPA and Executive Order No. 12444 relating to

the administration of section 38(e) of the Arms Export Control Act

(22 U.S.C. 2778(e)) shall remain in full force and effect until

amended or revoked under proper authority.

Sec. 4. This Order shall take effect immediately.

Ronald Reagan.

EXECUTIVE ORDER NO. 12470

Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, which continued

effectiveness of the Export Administration Act of 1979, 50 App.

U.S.C. 2401 et seq., and of the orders, rules and regulations

promulgated thereunder, was revoked by Ex. Ord. No. 12525, July 12,

1985, 50 F.R. 28757, set out below.

Continuation of emergency declared by Ex. Ord. No. 12470 was

contained in Notice of the President of the United States, dated

Mar. 28, 1985, 50 F.R. 12513.

EXECUTIVE ORDER NO. 12513

Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, which prohibited

trade and certain other transactions involving Nicaragua, was

revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, set out

below.

Continuations of national emergency declared by Ex. Ord. No.

12513 were contained in the following:

Notice of the President of the United States, dated Apr. 21,

1989, 54 F.R. 17701.

Notice of the President of the United States, dated Apr. 25,

1988, 53 F.R. 15011.

Notice of the President of the United States, dated Apr. 21,

1987, 52 F.R. 13425.

Notice of the President of the United States, dated Apr. 22,

1986, 51 F.R. 15461.

EX. ORD. NO. 12525. TERMINATION OF EMERGENCY AUTHORITY FOR EXPORT

CONTROLS

Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including section 203 of

the International Emergency Economic Powers Act (50 U.S.C. 1702)

(hereinafter referred to as "IEEPA"), 22 U.S.C. 287c, and the

Export Administration Act of 1979, as amended (50 U.S.C. App. 2401

et seq.) (hereinafter referred to as "the Act"), it is hereby

ordered as follows:

Section 1. In view of the extension by Public Law 99-64 (July 12,

1985) [amending 50 App. U.S.C. 2419] of the authorities contained

in the Act, Executive Order No. 12470 of March 30, 1984, which

continued in effect export control regulations under IEEPA, is

revoked, and the declaration of economic emergency is rescinded.

Sec. 2. The revocation of Executive Order No. 12470 shall not

affect any violation of any rules, regulations, orders, licenses,

and other forms of administrative action under that Order that

occurred during the period that Order was in effect. All rules and

regulations issued or continued in effect under the authority of

the IEEPA and that Order, including those published in Title 15,

Chapter III, Subchapter C, of the Code of Federal Regulations,

Parts 368 to 399 inclusive, and all orders, regulations, licenses,

and other forms of administrative action issued, taken or continued

in effect pursuant thereto, shall remain in full force and effect,

as if issued, taken or continued in effect pursuant to and as

authorized by the Act or by other appropriate authority until

amended or revoked by the proper authority. Nothing in this Order

shall affect the continued applicability of the provision for the

administration of the Act and delegations of authority set forth in

Executive Order No. 12002 of July 7, 1977, and Executive Order No.

12214 of May 2, 1980 [set out under 50 App. U.S.C. 2403].

Sec. 3. All rules, regulations, orders, licenses, and other forms

of administrative action issued, taken or continued in effect

pursuant to the authority of the IEEPA and Executive Order No.

12470 relating to the administration of Section 38(e) of the Arms

Export Control Act (22 U.S.C. 2778(e)) shall remain in full force

and effect until amended or revoked under proper authority.

Sec. 4. This Order shall take effect immediately.

Ronald Reagan.

EXECUTIVE ORDER NO. 12532

Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, which

prohibited trade and certain other transactions involving South

Africa, was revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991,

56 F.R. 31855, set out as a note under section 5061 of Title 22,

Foreign Relations and Intercourse.

Continuation of national emergency declared by Ex. Ord. No. 12532

was contained in Notice of the President of the United States,

dated Sept. 4, 1986, 51 F.R. 31925.

EXECUTIVE ORDER NO. 12535

Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, which prohibited

importation into United States of South African Krugerrands, was

revoked by Ex. Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R.

31855, set out as a note under section 5061 of Title 22, Foreign

Relations and Intercourse.

EX. ORD. NO. 12543. PROHIBITING TRADE AND CERTAIN TRANSACTIONS

INVOLVING LIBYA

Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

sections 504 and 505 of the International Security and Development

Cooperation Act of 1985 (Public Law 99-83) [22 U.S.C. 2349aa-8,

2349aa-9], section 1114 of the Federal Aviation Act of 1958, as

amended (49 U.S.C. 1514) [now 49 U.S.C. 40106(b)], and section 301

of title 3 of the United States Code.

I, RONALD REAGAN, President of the United States of America, find

that the policies and actions of the Government of Libya constitute

an unusual and extraordinary threat to the national security and

foreign policy of the United States and hereby declare a national

emergency to deal with that threat.

I hereby order:

Section 1. The following are prohibited, except to the extent

provided in regulations which may hereafter be issued pursuant to

this Order:

(a) The import into the United States of any goods or services of

Libyan origin, other than publications and materials imported for

news publications or news broadcast dissemination;

(b) The export to Libya of any goods, technology (including

technical data or other information) or services from the United

States, except publications and donations of articles intended to

relieve human suffering, such as food, clothing, medicine and

medical supplies intended strictly for medical purposes;

(c) Any transaction by a United States person relating to

transportation to or from Libya; the provision of transportation to

or from the United States by any Libyan person or any vessel or

aircraft of Libyan registration; or the sale in the United States

by any person holding authority under the Federal Aviation Act [of

1958, now 49 U.S.C. 40101 et seq.] of any transportation by air

which includes any stop in Libya;

(d) The purchase by any United States person of goods for export

from Libya to any country;

(e) The performance by any United States person of any contract

in support of an industrial or other commercial or governmental

project in Libya;

(f) The grant or extension of credits or loans by any United

States person to the Government of Libya, its instrumentalities and

controlled entities;

(g) Any transaction by a United States person relating to travel

by any United States citizen or permanent resident alien to Libya,

or to activities by any such person within Libya, after the date of

this Order, other than transactions necessary to effect such

person's departure from Libya, to perform acts permitted until

February 1, 1986, by Section 3 of this Order, or travel for

journalistic activity by persons regularly employed in such

capacity by a newsgathering organization; and

(h) Any transaction by any United States person which evades or

avoids, or has the purpose of evading or avoiding, any of the

prohibitions set forth in this Order.

For purposes of this Order, the term "United States person" means

any United States citizen, permanent resident alien, juridical

person organized under the laws of the United States or any person

in the United States.

Sec. 2. In light of the prohibition in Section 1(a) of this

Order, section 251 of the Trade Expansion Act of 1962, as amended

(19 U.S.C. 1881), and section 126 of the Trade Act of 1974, as

amended (19 U.S.C. 2136) will have no effect with respect to Libya.

Sec. 3. This Order is effective immediately, except that the

prohibitions set forth in Section 1(a), (b), (c), (d) and (e) shall

apply as of 12:01 a.m. Eastern Standard Time, February 1, 1986.

Sec. 4. 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, as may be

necessary to carry out the purposes of this Order. Such actions may

include prohibiting or regulating payments or transfers of any

property or any transactions involving the transfer of anything of

economic value by any United States person to the Government of

Libya, its instrumentalities and controlled entities, or to any

Libyan national or entity owned or controlled, directly or

indirectly, by Libya or Libyan nationals. The Secretary may

redelegate any of these functions to other officers and agencies of

the Federal government. All agencies of the United States

government are directed to take all appropriate measures within

their authority to carry out the provisions of this Order,

including the suspension or termination of licenses or other

authorizations in effect as of the date of this Order.

This Order shall be transmitted to the Congress and published in

the Federal Register.

Ronald Reagan.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12543

Notice of President of the United States, dated Jan. 2, 2003, 68

F.R. 661, provided:

On January 7, 1986, by Executive Order 12543 [set out above],

President Reagan declared a national emergency to deal with the

unusual and extraordinary threat to the national security and

foreign policy of the United States constituted by the actions and

policies of the Government of Libya. On January 8, 1986, by

Executive Order 12544 [set out below], the President took

additional measures to block Libyan assets in the United States.

The President has transmitted a notice continuing this emergency to

the Congress and the Federal Register every year since 1986.

The crisis between the United States and Libya that led to the

declaration of a national emergency on January 7, 1986, has not

been resolved. Despite the United Nations Security Council's

suspension of U.N. sanctions against Libya upon the Libyan

government's hand-over of the Pan Am 103 bombing suspects, Libya

has not yet complied with its obligations under U.N. Security

Council Resolutions 731 (1992), 748 (1992), and 883 (1993), which

include Libya's obligation to accept responsibility for the actions

of its officials and pay compensation.

Therefore, in accordance with section 202(d) of the National

Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the

national emergency with respect to Libya. This notice shall be

published in the Federal Register and transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12543 were contained in the following:

Notice of President of the United States, dated Jan. 3, 2002, 67

F.R. 637.

Notice of President of the United States, dated Jan. 4, 2001, 66

F.R. 1251.

Notice of President of the United States, dated Dec. 29, 1999, 65

F.R. 1999.

Notice of President of the United States, dated Dec. 30, 1998, 64

F.R. 383.

Notice of President of the United States, dated Jan. 2, 1998, 63

F.R. 653.

Notice of President of the United States, dated Jan. 2, 1997, 62

F.R. 587.

Notice of President of the United States, dated Jan. 3, 1996, 61

F.R. 383.

Notice of President of the United States, dated Dec. 22, 1994, 59

F.R. 67119.

Notice of President of the United States, dated Dec. 2, 1993, 58

F.R. 64361.

Notice of President of the United States, dated Dec. 14, 1992, 57

F.R. 59895.

Notice of President of the United States, dated Dec. 26, 1991, 56

F.R. 67465.

Notice of the President of the United States, dated Jan. 2, 1991,

56 F.R. 477.

Notice of the President of the United States, dated Jan. 4, 1990,

55 F.R. 589.

Notice of the President of the United States, dated Dec. 28,

1988, 53 F.R. 52971.

Notice of the President of the United States, dated Dec. 15,

1987, 52 F.R. 47891.

Notice of the President of the United States, dated Dec. 23,

1986, 51 F.R. 46849.

EX. ORD. NO. 12544. BLOCKING LIBYAN GOVERNMENT PROPERTY IN THE

UNITED STATES OR HELD BY U.S. PERSONS

Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, provided:

By the authority vested in me as President by the Constitution

and laws of the United States, including the International

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the

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

of title 3 of the United States Code, in order to take steps with

respect to Libya additional to those set forth in Executive Order

No. 12543 of January 7, 1986 [set out above], to deal with the

threat to the national security and foreign policy of the United

States referred to in that Order,

I, RONALD REAGAN, President of the United States, hereby order

blocked all property and interests in property of the Government of

Libya, its agencies, instrumentalities and controlled entities and

the Central Bank of Libya 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 U.S. persons, including

overseas branches of U.S. persons.

The Secretary of the Treasury, in consultation with the Secretary

of State, is authorized to employ all powers granted to me by the

International Emergency Economics [sic] Power[s] Act, 50 U.S.C.

1701 et seq., to carry out the provisions of this Order.

This Order is effective immediately and shall be transmitted to

the Congress and published in the Federal Register.

Ronald Reagan.

EXECUTIVE ORDER NO. 12613

Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, which

prohibited imports from Iran, was revoked by Ex. Ord. No. 13059,

Sec. 7, Aug. 19, 1997, 62 F.R. 44533, set out below.

EXECUTIVE ORDER NO. 12635

Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, which blocked

property and interests in property of the Government of Panama that

were in the United States, was revoked by Ex. Ord. No. 12710, Apr.

5, 1990, 55 F.R. 13099, set out below.

Continuation of national emergency declared by Ex. Ord. No. 12635

was contained in Notice of the President of the United States,

dated Apr. 6, 1989, 54 F.R. 14197.

EX. ORD. NO. 12707. TERMINATION OF EMERGENCY WITH RESPECT TO

NICARAGUA

Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

chapter 12 of title 50 of the United States Code (50 U.S.C. 191 et

seq.), and section 301 of title 3 of the United States Code.

I, GEORGE BUSH, President of the United States of America, find

that the February 25, 1990, democratic election in Nicaragua has

ended the unusual and extraordinary threat to the national security

and foreign policy of the United States previously posed by the

policies and actions of the Sandinista government in that country,

and the need to continue the national emergency declared in

Executive Order No. 12513 of May 1, 1985, to deal with that threat.

I hereby revoke Executive Order No. 12513 and terminate the

national emergency declared in that order with respect to

Nicaragua.

Pursuant to section 202 of the National Emergencies Act (50

U.S.C. 1622), termination of the national emergency with respect to

Nicaragua shall not affect any action taken or proceeding pending

and not finally concluded or determined at the effective date of

this order, or any action or proceeding based on any act committed

prior to the effective date of this order, or any rights or duties

that matured or penalties that were incurred prior to the effective

date of this order.

This order shall take effect immediately.

George Bush.

EX. ORD. NO. 12710. TERMINATION OF EMERGENCY WITH RESPECT TO PANAMA

Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.) (hereinafter referred to as "IEEPA"), the National

Emergencies Act (50 U.S.C. 1601 et seq.) (hereinafter referred to

as "the NEA"), chapter 12 of title 50 of the United States Code (50

U.S.C. 191 et seq.), and section 301 of title 3 of the United

States Code.

I, GEORGE BUSH, President of the United States of America, find

that the restoration of a democratically elected government in

Panama has ended the unusual and extraordinary threat to the

national security, foreign policy, and economy of the United States

previously posed by the policies and actions of Manuel Antonio

Noriega in that country, and the need to continue the national

emergency declared in Executive Order No. 12635 of April 8, 1988,

to deal with that threat.

I hereby revoke Executive Order No. 12635 and terminate the

national emergency declared in that order with respect to Panama.

Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination

of the national emergency with respect to Panama shall not affect

any action taken or proceeding pending not finally concluded or

determined as of the effective date of this order, or any action or

proceeding based on any act committed prior to the effective date

of this order, or any rights or duties that matured or penalties

that were incurred prior to the effective date of this order.

Pursuant to section 207 (50 U.S.C. 1706) of IEEPA, I hereby

determine that the continuation of prohibitions with regard to

transactions involving property in which the Government of Panama

has an interest is necessary on account of claims involving Panama.

This order shall take effect immediately.

George Bush.

EX. ORD. NO. 12722. BLOCKING IRAQI GOVERNMENT PROPERTY AND

PROHIBITING TRANSACTIONS WITH IRAQ

Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, provided:

By the authority vested in me as President by the constitution

and laws of the United States of America, including the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and

section 301 of title 3 of the United States Code.

I, GEORGE BUSH, President of the United States of America, find

that the policies and actions of the Government of Iraq constitute

an unusual and extraordinary threat to the national security and

foreign policy of the United States and hereby declare a national

emergency to deal with that threat.

I hereby order:

Section 1. All property and interests in property of the

Government of Iraq, its agencies, instrumentalities and controlled

entities and the Central Bank of Iraq 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 hereby blocked.

Section 2. The following are prohibited, except to the extent

provided in regulations which may hereafter be issued pursuant to

this Order:

(a) The import into the United States of any goods or services of

Iraqi origin, other than publications and other informational

materials;

(b) The export to Iraq of any goods, technology (including

technical data or other information controlled for export pursuant

to Section 5 of the Export Administration Act (50 U.S.C. App.

2404)) or services from the United States, except publications and

other informational materials, and donations of articles intended

to relieve human suffering, such as food, clothing, medicine and

medical supplies intended strictly for medical purposes;

(c) Any transaction by a United States person relating to

transportation to or from Iraq; the provision of transportation to

or from the United States by any Iraqi person or any vessel or

aircraft of Iraqi registration; or the sale in the United States by

any person holding authority under the Federal Aviation Act of

1958, as amended [now 49 U.S.C. 40101 et seq.] (49 U.S.C. 1514), of

any transportation by air which includes any stop in Iraq;

(d) The purchase by any United States person of goods for export

from Iraq to any country;

(e) The performance by any United States person of any contract

in support of an industrial or other commercial or governmental

project in Iraq;

(f) The grant or extension of credits or loans by any United

States person to the Government of Iraq, its instrumentalities and

controlled entities;

(g) Any transaction by a United States person relating to travel

by any United States citizen or permanent resident alien to Iraq,

or to activities by any such person within Iraq, after the date of

this Order, other than transactions necessary to effect such

person's departure from Iraq, or travel for journalistic activity

by persons regularly employed in such capacity by a newsgathering

organization; and

(h) Any transaction by any United States person which evades or

avoids, or has the purpose of evading or avoiding, any of the

prohibitions set forth in this Order.

For purposes of this Order, the term "United States person" means

any United States citizen, permanent resident alien, juridical

person organized under the laws of the United States, or any person

in the United States.

Section 3. This Order is effective immediately.

Section 4. 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, as may be

necessary to carry out the purposes of this Order. Such actions may

include prohibiting or regulating payments or transfers of any

property or any transactions involving the transfer of anything of

economic value by any United States person to the Government of

Iraq, its instrumentalities and controlled entities, or to any

Iraqi national or entity owned or controlled, directly or

indirectly, by Iraq or Iraqi nationals. The Secretary may

redelegate any of these functions to other officers and agencies of

the Federal government. All agencies of the United States

government are directed to take all appropriate measures within

their authority to carry out the provisions of this Order,

including the suspension or termination of licenses or other

authorizations in effect as of the date of this Order.

This Order shall be transmitted to the Congress and published in

the Federal Register.

George Bush.

[Ex. Ord. No. 12722 was revoked by Ex. Ord. No. 12724, Sec. 6,

Aug. 9, 1990, 55 F.R. 33090, set out below, to the extent

inconsistent with Ex. Ord. No. 12724.]

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12722

Notice of President of the United States, dated July 30, 2002, 67

F.R. 50341, provided:

On August 2, 1990, by Executive Order 12722 [set out above],

President Bush declared a national emergency with respect to Iraq

pursuant to the International Emergency Economic Powers Act (50

U.S.C. 1701-1706) to deal with the unusual and extraordinary threat

to the national security and foreign policy of the United States

constituted by the actions and polices of the Government of Iraq.

By Executive Orders 12722 of August 2, 1990, and 12724 of August 9,

1990 [set out below], the President imposed trade sanctions on Iraq

and blocked Iraqi government assets. Because the Government of Iraq

has continued to engage in activities hostile to U.S. interests,

the national emergency declared on August 2, 1990, and the measures

adopted on August 2 and August 9, 1990, to deal with that emergency

must continue in effect beyond August 2, 2002. Therefore, in

accordance with section 202(d) of the National Emergencies Act (50

U.S.C. 1622(d)), I am continuing for 1 year the national emergency

with respect to Iraq.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12722 were contained in the following:

Notice of President of the United States, dated July 31, 2001, 66

F.R. 40105.

Notice of President of the United States, dated July 28, 2000, 65

F.R. 47241.

Notice of President of the United States, dated July 20, 1999, 64

F.R. 39897.

Notice of President of the United States, dated July 28, 1998, 63

F.R. 41175.

Notice of President of the United States, dated July 31, 1997, 62

F.R. 41803.

Notice of President of the United States, dated July 22, 1996, 61

F.R. 38561.

Notice of President of the United States, dated July 28, 1995, 60

F.R. 39099.

Notice of President of the United States, dated July 19, 1994, 59

F.R. 37151.

Notice of President of the United States, dated July 20, 1993, 58

F.R. 39111.

Notice of President of the United States, dated July 21, 1992, 57

F.R. 32875.

Notice of President of the United States, dated July 26, 1991, 56

F.R. 35995.

EXECUTIVE ORDER NO. 12723

Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, which directed

Secretary of the Treasury to block all property and interests in

Kuwaiti Government property that are in the United States or within

possession or control of United States persons, was revoked by Ex.

Ord. No. 12771, July 25, 1991, 56 F.R. 35993, set out below.

EX. ORD. NO. 12724. BLOCKING IRAQI GOVERNMENT PROPERTY AND

PROHIBITING TRANSACTIONS WITH IRAQ

Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

section 301 of title 3 of the United States Code, and the United

Nations Participation Act [22 U.S.C. 287 et seq.] (22 U.S.C. 287c),

in view of United Nations Security Council Resolution No. 661 of

August 6, 1990, and in order to take additional steps with respect

to Iraq's invasion of Kuwait and the national emergency declared in

Executive Order No. 12722 [set out above],

I, GEORGE BUSH, President of the United States of America, hereby

order:

Section 1. Except to the extent provided in regulations that may

hereafter be issued pursuant to this order, all property and

interests in property of the Government of Iraq 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

hereby blocked.

Sec. 2. The following are prohibited, except to the extent

provided in regulations that may hereafter be issued pursuant to

this order:

(a) The importation into the United States of any goods or

services of Iraqi origin, or any activity that promotes or is

intended to promote such importation;

(b) The exportation to Iraq, or to any entity operated from Iraq,

or owned or controlled by the Government of Iraq, directly or

indirectly, of any goods, technology (including technical data or

other information), or services either (i) from the United States,

or (ii) requiring the issuance of a license by a Federal agency, or

any activity that promotes or is intended to promote such

exportation, except donations of articles intended to relieve human

suffering, such as food and supplies intended strictly for medical

purposes;

(c) Any dealing by a United States person related to property of

Iraqi origin exported from Iraq after August 6, 1990, or property

intended for exportation from Iraq to any country, or exportation

to Iraq from any country, or any activity of any kind that promotes

or is intended to promote such dealing;

(d) Any transaction by a United States person relating to travel

by any United States citizen or permanent resident alien to Iraq,

or to activities by any such person within Iraq, after the date of

this order, other than transactions necessary to effect (i) such

person's departure from Iraq, (ii) travel and activities for the

conduct of the official business of the Federal Government or the

United Nations, or (iii) travel for journalistic activity by

persons regularly employed in such capacity by a news-gathering

organization;

(e) Any transaction by a United States person relating to

transportation to or from Iraq; the provision of transportation to

or from the United States by any Iraqi person or any vessel or

aircraft of Iraqi registration; or the sale in the United States by

any person holding authority under the Federal Aviation Act of

1958, as amended (49 U.S.C. 1301 et seq.) [now 49 U.S.C. 40101 et

seq.], of any transportation by air that includes any stop in Iraq;

(f) The performance by any United States person of any contract,

including a financing contract, in support of an industrial,

commercial, public utility, or governmental project in Iraq;

(g) Except as otherwise authorized herein, any commitment or

transfer, direct or indirect, of funds, or other financial or

economic resources by any United States person to the Government of

Iraq or any other person in Iraq;

(h) Any transaction by any United States person that evades or

avoids, or has the purpose of evading or avoiding, any of the

prohibitions set forth in this order.

Sec. 3. For purposes of this order:

(a) the term "United States person" means any United States

citizen, permanent resident alien, juridical person organized under

the laws of the United States (including foreign branches), or any

person in the United States, and vessels of U.S. registration.

(b) the term "Government of Iraq" includes the Government of

Iraq, its agencies, instrumentalities and controlled entities, and

the Central Bank of Iraq.

Sec. 4. This order is effective immediately.

Sec. 5. 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, as may be

necessary to carry out the purposes of this order. Such actions may

include prohibiting or regulating payments or transfers of any

property or any transactions involving the transfer of anything of

economic value by any United States person to the Government of

Iraq, or to any Iraqi national or entity owned or controlled,

directly or indirectly, by the Government of Iraq or Iraqi

nationals. The Secretary of the Treasury may redelegate any of

these functions to other officers and agencies of the Federal

Government. All agencies of the Federal Government are directed to

take all appropriate measures within their authority to carry out

the provisions of this order, including the suspension or

termination of licenses or other authorizations in effect as of the

date of this order.

Sec. 6. Executive Order No. 12722 of August 2, 1990 [set out

above], is hereby revoked to the extent inconsistent with this

order. All delegations, rules, regulations, orders, licenses, and

other forms of administrative action made, issued, or otherwise

taken under Executive Order No. 12722 and not revoked

administratively shall remain in full force and effect under this

order until amended, modified, or terminated by proper authority.

The revocation of any provision of Executive Order No. 12722

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 such

provision of that order was in effect.

This order shall be transmitted to the Congress and published in

the Federal Register.

George Bush.

EXECUTIVE ORDER NO. 12725

Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, which directed

Secretary of the Treasury to block all property and interests in

Kuwaiti Government property that are in the United States or within

possession or control of United States persons and which prohibited

transactions with Kuwait, was revoked by Ex. Ord. No. 12771, July

25, 1991, 56 F.R. 35993, set out below.

EXECUTIVE ORDER NO. 12730

Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, which

continued effectiveness of the Export Administration Act of 1979,

50 App. U.S.C. 2401 et seq., and of the orders, rules and

regulations promulgated thereunder, was revoked by Ex. Ord. No.

12867, Sec. 1, Sept. 30, 1993, 58 F.R. 51747, set out below.

Continuations of national emergency declared by Ex. Ord. No.

12730 were contained in the following:

Notice of President of the United States, dated Sept. 25, 1992,

57 F.R. 44649.

Notice of President of the United States, dated Sept. 26, 1991,

56 F.R. 49385.

EXECUTIVE ORDER NO. 12735

Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, which declared

a national emergency to deal with threat of proliferation of

chemical and biological weapons and imposed controls on exports

that would assist a country in developing, stockpiling, delivering,

or using chemical or biological weapons and associated sanctions,

was revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.

59099, set out below.

Continuations of national emergency declared by Ex. Ord. No.

12735 were contained in the following:

Notice of President of the United States, dated Nov. 12, 1993, 58

F.R. 60361.

Notice of President of the United States, dated Nov. 11, 1992, 57

F.R. 53979.

Notice of President of the United States, dated Nov. 14, 1991, 56

F.R. 58171.

EX. ORD. NO. 12771. REVOKING EARLIER ORDERS WITH RESPECT TO KUWAIT

Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

section 301 of title 3 of the United States Code, and United

Nations Participation Act [22 U.S.C. 287 et seq.] (22 U.S.C. 287c),

I, GEORGE BUSH, President of the United States of America, find

that the expulsion from Kuwait of Iraq's occupation forces, the

restoration of Kuwait to its citizens, and the reinstatement of the

lawful Government of Kuwait eliminate the need for Executive Order

No. 12723 of August 2, 1990, entitled "Blocking Kuwaiti Government

Property," and Executive Order No. 12725 of August 9, 1990,

entitled "Blocking Kuwaiti Government Property and Prohibiting

Transactions With Kuwait." Those orders were issued to protect the

assets of the Government of Kuwait which were subject to United

States jurisdiction, and to prevent the transfer of benefits by

United States persons to Iraq based upon its invasion of Kuwait.

Those orders also implemented the foreign policy and protected the

national security of the United States, in conformity with

applicable resolutions of the United Nations Security Council.

Finding continuation of these orders unnecessary, I hereby order:

Section 1. Executive Order No. 12723 and Executive Order No.

12725 are hereby revoked. This revocation shall not affect the

national emergency declared in Executive Order No. 12722 [set out

above] to deal with the unusual and extraordinary threat to the

national security and foreign policy of the United States posed by

the policies and action of the Government of Iraq.

Sec. 2. This revocation shall not affect:

(a) any action taken or proceeding pending and not finally

concluded or determined on the effective date of this order;

(b) any action or proceeding based on any act committed prior to

the effective date of this order; or

(c) any rights or duties that matured or penalties that were

incurred prior to the effective date of this order.

Sec. 3. This order shall take effect immediately.

George Bush.

EXECUTIVE ORDER NO. 12775

Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, which declared a

national emergency to deal with Republic of Haiti, directed

Secretary of Treasury to block all property and interests in

property of Government of Haiti that were in United States or

within possession or control of United States persons, and

prohibited transactions with Haiti, was revoked, and such national

emergency terminated, by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R.

52403, set out below.

Continuations of national emergency declared by Ex. Ord. No.

12775 were contained in the following:

Notice of President of the United States, dated Sept. 30, 1994,

59 F.R. 50479.

Notice of President of the United States, dated Sept. 30, 1993,

58 F.R. 51563.

Notice of President of the United States, dated Sept. 30, 1992,

57 F.R. 45557.

EXECUTIVE ORDER NO. 12779

Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, which directed

Secretary of the Treasury to block all property and interests in

property of Government of Haiti that were in United States or

within possession or control of United States persons and which

prohibited transactions with Haiti and most imports from and

exports to Haiti, was revoked by Ex. Ord. No. 12932, Oct. 14, 1994,

59 F.R. 52403, set out below.

EX. ORD. NO. 12801. BARRING OVERFLIGHT, TAKEOFF, AND LANDING OF

AIRCRAFT FLYING TO OR FROM LIBYA

Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, provided:

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.), the National Emergencies Act (50 U.S.C. 1601, et seq.),

section 1114 of the Federal Aviation Act of 1958, as amended (49

U.S.C. App. 1514) [now 49 U.S.C. 40106(b)], section 5 of the United

Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and

section 301 of title 3 of the United States Code, in view of United

Nations Security Council Resolutions Nos. 731 of January 21, 1992,

and 748 of March 31, 1992, and in order to take additional steps

with respect to Libya's continued support for international

terrorism and the national emergency declared in Executive Order

No. 12543 of January 7, 1986 [set out above], it is hereby ordered

that:

Section 1. Except to the extent provided in regulations, orders,

directives, authorizations, or licenses that may hereafter be

issued pursuant to this order, and notwithstanding the existence of

any rights or obligations conferred or imposed by any international

agreement or any contract entered into or any license or permit

granted before the effective date of this order, the granting of

permission to any aircraft to take off from, land in, or overfly

the United States, if the aircraft, as part of the same flight or

as a continuation of that flight, is destined to land in or has

taken off from the territory of Libya, is hereby prohibited.

Sec. 2. The Secretary of the Treasury, in consultation with the

Secretary of Transportation, is hereby authorized to take such

actions, including the promulgation of rules and regulations, as

may be necessary to carry out the provisions of section 1 of this

order. The Secretary of the Treasury may redelegate the authority

set forth in this order to other officers in the Department of the

Treasury and may confer or impose such authority upon any other

officer of the United States, with the consent of the head of the

department or agency within which such officer is serving. All

executive branch agencies of the Federal Government hereby affected

are directed to consult as appropriate on the implementation of

this order and to take all necessary measures within their

authority to carry out the provisions of this order, including the

suspension or termination of licenses or other authorizations in

effect as of the date of this order.

Sec. 3. Nothing contained in this order shall confer any

substantive or procedural right or privilege on any person or

organization, enforceable against the United States, its agencies

or instrumentalities, its officers, or its employees.

Sec. 4. This order is effective 11:59 p.m. eastern daylight time,

April 15, 1992.

Sec. 5. This order shall be transmitted to the Congress and

published in the Federal Register.

George Bush.

EX. ORD. NO. 12808. BLOCKING "YUGOSLAV GOVERNMENT" PROPERTY AND

PROPERTY OF GOVERNMENTS OF SERBIA AND MONTENEGRO

Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, provided:

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.), the National Emergencies Act (50 U.S.C. 1601, et seq.), and

section 301 of title 3 of the United States Code,

I, GEORGE BUSH, President of the United States of America, find

that the actions and policies of the Governments of Serbia and

Montenegro, acting under the name of the Socialist Federal Republic

of Yugoslavia or the Federal Republic of Yugoslavia, in their

involvement in and support for groups attempting to seize territory

in Croatia and Bosnia-Hercegovina by force and violence utilizing,

in part, the forces of the so-called Yugoslav National Army,

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.

I hereby order:

Section 1. Except to the extent provided in regulations, orders,

directives, or licenses which may hereafter be issued pursuant to

this order, all property and interests in property of the

Government of Serbia and the Government of Montenegro 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

hereby blocked.

Sec. 2. Except to the extent provided in regulations, orders,

directives, or licenses which may hereafter be issued pursuant to

this order, all property and interests in property in the name of

the Government of the Socialist Federal Republic of Yugoslavia or

the Government of the Federal Republic of Yugoslavia 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

hereby blocked.

Sec. 3. Any transaction by any United States person that evades

or avoids, or has the purpose of evading or avoiding, or attempts

to violate, any of the prohibitions set forth in this order is

prohibited.

Sec. 4. For the purposes of this order:

(a) The term "United States person" means any United States

citizen, permanent resident alien, juridical person organized under

the laws of the United States (including foreign branches), or

person in the United States;

(b) The terms "Government of Serbia" and "Government of

Montenegro" include the governments of Serbia and Montenegro,

including any subdivisions thereof or local government therein,

their respective agencies, instrumentalities and controlled

entities, and any persons acting or purporting to act for or on

behalf of any of the foregoing, including the National Bank of

Serbia, the Serbian Chamber of Economy, the National Bank of

Montenegro, and the Montenegrin Chamber of Economy;

(c) The terms "Government of the Socialist Federal Republic of

Yugoslavia" and "Government of the Federal Republic of Yugoslavia"

include the government of the former Socialist Federal Republic of

Yugoslavia, the government of the newly constituted Federal

Republic of Yugoslavia, their respective agencies,

instrumentalities and controlled entities, and any persons acting

or purporting to act for or on behalf of any of the foregoing,

including the National Bank of Yugoslavia, the Yugoslav National

Army, and the Yugoslav Chamber of Economy.

Sec. 5. 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 International Emergency

Economic Powers Act [50 U.S.C. 1701 et seq.], as may be necessary

to carry out the purposes of this order. Such actions may include

prohibiting or regulating payments or transfers of any property, or

any transactions involving the transfer of anything of economic

value by any United States person to the Government of the

Socialist Federal Republic of Yugoslavia, the Government of the

Federal Republic of Yugoslavia, the Government of Serbia, the

Government of Montenegro, any person in Serbia or Montenegro, or

any person or entity acting for or on behalf of, or owned or

controlled, directly or indirectly, by any of the foregoing. The

Secretary of the Treasury may redelegate any of these functions to

other officers and agencies of the United States Government, all

agencies of which are hereby directed to take all appropriate

measures within their authority to carry out the provisions of this

order, including suspension or termination of licenses or other

authorizations in effect as of the date of this order.

Sec. 6. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 7. (a) This order shall take effect at 11:59 p.m. Eastern

Daylight Time, May 30, 1992.

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

in the Federal Register.

George Bush.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NOS. 12808

AND 13088

Notice of President of the United States, dated May 27, 2002, 67

F.R. 37661, provided:

In accordance with section 202(d) of the National Emergencies Act

(50 U.S.C. 1622(d)), I am continuing for 1 year the national

emergency declared on May 30, 1992 [see Ex. Ord. No. 12808, set out

above], with respect to the Federal Republic of Yugoslavia (Serbia

and Montenegro) (the "FRY (S&M)"), as expanded on October 25, 1994

[see Ex. Ord. No. 12934, set out below], in response to the actions

and policies of the Bosnian Serbs. In addition, I am continuing for

1 year the national emergency declared on June 9, 1998 [see Ex.

Ord. No. 13088, set out below], with respect to the FRY (S&M)'s

policies and actions in Kosovo. This notice shall be published in

the Federal Register and transmitted to the Congress.

On May 30, 1992, by Executive Order 12808 [set out above],

President Bush declared a national emergency to deal with the

unusual and extraordinary threat to the national security, foreign

policy, and economy of the United States constituted by the actions

and policies of the Governments of Serbia and Montenegro. Under

this emergency, President Bush first blocked all property and

interests in property of the Governments of the FRY (S&M), Serbia,

and Montenegro and subsequently prohibited trade and other

transactions with the FRY (S&M).

On October 25, 1994, President Clinton expanded the scope of the

national emergency by issuing Executive Order 12934 [set out below]

to address the unusual and extraordinary threat to the national

security, foreign policy, and economy of the United States posed by

the actions and policies of the Bosnian Serb forces and the

authorities in the territory that they controlled within Bosnia and

Herzegovina.

On December 27, 1995, President Clinton issued Presidential

Determination 96-7 [set out above], directing the Secretary of the

Treasury, inter alia, to suspend the application of sanctions

imposed on the FRY (S&M) pursuant to the above-referenced Executive

Orders and to continue to block property previously blocked until

provision is made to address claims or encumbrances, including the

claims of the other successor states of the former Yugoslavia. This

sanctions relief, in conformity with United Nations Security

Council Resolution 1022 of November 22, 1995, was an essential

factor motivating the FRY (S&M)'s acceptance of a peace agreement

initialed by the parties in Dayton on November 21, 1995, and signed

in Paris on December 14, 1995 (hereinafter the "Peace Agreement").

Sanctions against both the FRY (S&M) and the Bosnian Serb forces

were terminated in conjunction with United Nations Security Council

Resolution 1074 of October 1, 1996. This termination, however, did

not end a requirement that those blocked funds and assets that are

subject to claims or encumbrances remain blocked, until unblocked

in accordance with applicable law.

Until the status of all remaining blocked property is resolved,

the Peace Agreement implemented, and the terms of the United

Nations Security Council Resolution 1022 met, the national

emergency declared on May 30, 1992, and the measures adopted

pursuant thereto to deal with that emergency, must continue beyond

May 30, 2002.

On June 9, 1998, by Executive Order 13088 [set out below],

President Clinton found that the actions and policies of the FRY

(S&M) and the Republic of Serbia with respect to Kosovo,

constituted an unusual and extraordinary threat to the national

security and foreign policy of the United States. President Clinton

therefore declared a national emergency to deal with that threat.

On January 17, 2001, President Clinton issued Executive Order

13192 amending Executive Order 13088 [set out below] to lift and

modify, with respect to future transactions, most of the economic

sanctions imposed against the FRY (S&M). At the same time,

Executive Order 13192 imposes restrictions on transactions with

certain persons described in section 1(a) of the order, namely

persons under open indictment for war crimes by the International

Criminal Tribunal for the Former Yugoslavia (ICTY). It also

provides for the continued blocking of property or interests in

property blocked prior to the order's effective date due to the

need to address claims or encumbrances involving such property.

Because the crisis with respect to the situation in Kosovo and

with respect to Slobodan Milosevic, his close associates and

supporters and persons under open indictment for war crimes by the

ICTY has not been resolved, and because the status of all

previously blocked property has yet to be resolved, I have

determined that the national emergency declared on June 9, 1998,

and the measures adopted pursuant thereto to deal with that

emergency, must continue beyond June 9, 2002.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12808 were contained in the following:

Notice of President of the United States, dated May 24, 2001, 66

F.R. 29007.

Notice of President of the United States, dated May 25, 2000, 65

F.R. 34379.

Notice of President of the United States, dated May 27, 1999, 64

F.R. 29205.

Notice of President of the United States, dated May 28, 1998, 63

F.R. 29527.

Notice of President of the United States, dated May 28, 1997, 62

F.R. 29283.

Notice of President of the United States, dated May 24, 1996, 61

F.R. 26773.

Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R.

2887.

Notice of President of the United States, dated May 10, 1995, 60

F.R. 25599.

Notice of President of the United States, dated May 25, 1994, 59

F.R. 27429.

Notice of President of the United States, dated May 25, 1993, 58

F.R. 30693.

EX. ORD. NO. 12810. BLOCKING PROPERTY OF AND PROHIBITING

TRANSACTIONS WITH FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND

MONTENEGRO)

Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by

Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, provided:

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.), the National Emergencies Act (50 U.S.C. 1601, et seq.),

section 1114 of the Federal Aviation Act of 1958, as amended (49

U.S.C. App. 1514), section 5 of the United Nations Participation

Act of 1945, as amended (22 U.S.C. 287c), and section 301 of title

3 of the United States Code, in view of United Nations Security

Council Resolution No. 757 of May 30, 1992, and in order to take

additional steps with respect to the actions and policies of the

Federal Republic of Yugoslavia (Serbia and Montenegro) and the

national emergency described and declared in Executive Order No.

12808 [set out above],

I, GEORGE BUSH, President of the United States of America, hereby

order:

Section 1. Except to the extent provided in regulations, orders,

directives, or licenses which may hereafter be issued pursuant to

this order, and notwithstanding the existence of any rights or

obligations conferred or imposed by any international agreement or

any contract entered into or any license or permit granted before

the effective date of this order, all property and interests in

property of the Government of the Federal Republic of Yugoslavia

(Serbia and Montenegro), and property and interests in property

held in the name of the Government of the Federal Republic of

Yugoslavia or of the former Government of the Socialist Federal

Republic of Yugoslavia, 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.

Sec. 2. The following are prohibited, notwithstanding the

existence of any rights or obligations conferred or imposed by any

international agreement or any contract entered into or any license

or permit granted before the effective date of this order, except

to the extent provided in regulations, orders, directives, or

licenses which may hereafter be issued pursuant to this order:

(a) The importation into the United States of any goods

originating in, or services performed in, the Federal Republic of

Yugoslavia (Serbia and Montenegro), exported from the Federal

Republic of Yugoslavia (Serbia and Montenegro) after May 30, 1992,

or any activity that promotes or is intended to promote such

importation;

(b) The exportation to the Federal Republic of Yugoslavia (Serbia

and Montenegro), or to any entity operated from the Federal

Republic of Yugoslavia (Serbia and Montenegro), or owned or

controlled by the Government of the Federal Republic of Yugoslavia

(Serbia and Montenegro), directly or indirectly, of any goods,

technology (including technical data or other information

controlled for export pursuant to the Export Administration

Regulations, 15 C.F.R. Parts 768, et seq.), or services, either (i)

from the United States, (ii) requiring the issuance of a license by

a Federal agency, or (iii) involving the use of U.S.-registered

vessels or aircraft, or any activity that promotes or is intended

to promote such exportation;

(c) Any dealing by a United States person related to property

originating in the Federal Republic of Yugoslavia (Serbia and

Montenegro) exported from the Federal Republic of Yugoslavia

(Serbia and Montenegro) after May 30, 1992, or property intended

for exportation from the Federal Republic of Yugoslavia (Serbia and

Montenegro) to any country, or exportation to the Federal Republic

of Yugoslavia (Serbia and Montenegro) from any country, or any

activity of any kind that promotes or is intended to promote such

dealing;

(d) Any transaction by a United States person, or involving the

use of U.S.-registered vessels and aircraft, relating to

transportation to or from the Federal Republic of Yugoslavia

(Serbia and Montenegro), the provision of transportation to or from

the United States by any person in the Federal Republic of

Yugoslavia (Serbia and Montenegro) or any vessel or aircraft

registered in the Federal Republic of Yugoslavia (Serbia and

Montenegro), or the sale in the United States by any person holding

authority under the Federal Aviation Act of 1958, as amended (49

U.S.C. 1301, et seq.) [now 49 U.S.C. 40101 et seq.], of any

transportation by air that includes any stop in the Federal

Republic of Yugoslavia (Serbia and Montenegro);

(e) The granting of permission to any aircraft to take off from,

land in, or overfly the United States, if the aircraft, as part of

the same flight or as a continuation of that flight, is destined to

land in or has taken off from the territory of the Federal Republic

of Yugoslavia (Serbia and Montenegro);

(f) The performance by any United States person of any contract,

including a financing contract, in support of an industrial,

commercial, public utility, or governmental project in the Federal

Republic of Yugoslavia (Serbia and Montenegro);

(g) Any commitment or transfer, direct or indirect, of funds, or

other financial or economic resources by any United States person

to or for the benefit of the Government of the Federal Republic of

Yugoslavia (Serbia and Montenegro) or any other person in the

Federal Republic of Yugoslavia (Serbia and Montenegro);

(h) Any transaction in the United States or by a United States

person related to participation in sporting events in the United

States by persons or groups representing the Federal Republic of

Yugoslavia (Serbia and Montenegro);

(i) [Revoked by Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58

F.R. 5253.]

Sec. 3. Nothing in this order shall apply to (i) the

transshipment through the Federal Republic of Yugoslavia (Serbia

and Montenegro) of commodities and products originating outside the

Federal Republic of Yugoslavia (Serbia and Montenegro) and

temporarily present in the territory of the Federal Republic of

Yugoslavia (Serbia and Montenegro) only for the purpose of such

transshipment, and (ii) activities related to the United Nations

Protection Force (UNPROFOR), the Conference on Yugoslavia, or the

European Community Monitor Mission.

Sec. 4. Any transaction by any United States person that evades

or avoids, or has the purpose of evading or avoiding, or attempts

to violate, any of the prohibitions set forth in this order is

prohibited.

Sec. 5. For the purposes of this order:

(a) The term "United States person" means any United States

citizen, permanent resident alien, juridical person organized under

the laws of the United States (including foreign branches), or any

person in the United States, and vessels and aircraft of U.S.

registration;

(b) The term "the Federal Republic of Yugoslavia (Serbia and

Montenegro)" means the territory of Serbia and Montenegro;

(c) The term "the Government of the Federal Republic of

Yugoslavia (Serbia and Montenegro)" includes the government of the

newly constituted Federal Republic of Yugoslavia, the Government of

Serbia, and the Government of Montenegro, including any

subdivisions thereof or local governments therein, their respective

agencies, instrumentalities and controlled entities, and any

persons acting or purporting to act for or on behalf of any of the

foregoing, including the National Bank of Yugoslavia, the Yugoslav

National Army, and the Yugoslav Chamber of Economy, the National

Bank of Serbia, the Serbian Chamber of Economy, the National Bank

of Montenegro, and the Montenegrin Chamber of Economy.

Sec. 6. 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 International Emergency

Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations

Participation Act [22 U.S.C. 287 et seq.], as may be necessary to

carry out the purposes of this order. Such actions may include

prohibiting or regulating payments or transfers of any property, or

any transactions involving the transfer of anything of economic

value by the [sic] any United States person to the Government of

the Federal Republic of Yugoslavia (Serbia and Montenegro), any

person in the Federal Republic of Yugoslavia (Serbia and

Montenegro), or any person or entity acting for or on behalf of, or

owned or controlled, directly or indirectly, by any of the

foregoing. The Secretary of the Treasury may redelegate any of

these functions to other officers and agencies of the United States

Government, all agencies of which are hereby directed to take all

appropriate measures within their authority to carry out the

provisions of this order, including suspension or termination of

licenses or other authorizations in effect as of the date of this

order.

Sec. 7. All delegations, rules, regulations, orders, licenses,

and other forms of administrative action made, issued, or otherwise

taken under Executive Order No. 12808 [set out above] and not

revoked administratively shall remain in full force and effect

under this order until amended, modified, or terminated by proper

authority.

Sec. 8. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 9. (a) This order is effective immediately.

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

in the Federal Register.

George Bush.

EX. ORD. NO. 12817. TRANSFER OF CERTAIN IRAQI GOVERNMENT ASSETS

HELD BY DOMESTIC BANKS

Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

section 5 of the United Nations Participation Act of 1945, as

amended (22 U.S.C. 287c), and section 301 of title 3 of the United

States Code, in order to apply in the United States measures

adopted in United Nations Security Council Resolution No. 778 of

October 2, 1992, and in order to take additional steps with respect

to the actions and policies of the Government of Iraq and the

national emergency described and declared in Executive Order No.

12722 [set out above],

I, GEORGE BUSH, President of the United States of America, hereby

order:

Section 1. The Secretary of the Treasury is authorized and

directed to take all actions necessary to carry out the provisions

of United Nations Security Council Resolution No. 778 with respect

to blocked funds and other assets described in section 2 of this

order, or funds and other assets received from the United Nations

in repayment of funds and assets transferred pursuant to section 2

of this order. For this purpose, the Secretary of the Treasury is

delegated and authorized to exercise all authorities vested in the

President by sections 203 and 205 of the International Emergency

Economic Powers Act (50 U.S.C. 1702 and 1704) and section 5 of the

United Nations Participation Act (22 U.S.C. 287c).

Sec. 2. Upon a determination by the Secretary of the Treasury

that funds or other assets in which the Government of Iraq or its

agencies, instrumentalities, or controlled entities have an

interest represent the proceeds of the sale of Iraqi petroleum or

petroleum products, paid for by or on behalf of the purchaser on or

after August 6, 1990, each and every United States financial

institution is directed and compelled to transfer such funds or

assets held by it or carried on its books to the Federal Reserve

Bank of New York, when, to the extent, and in the manner required

by the Secretary of the Treasury.

Sec. 3. The Federal Reserve Bank of New York, as fiscal agent of

the United States, is authorized, directed, and compelled to

receive funds and other assets in which the Government of Iraq or

its agencies, instrumentalities, or controlled entities have an

interest, and to hold, invest, or transfer such funds and assets,

and any earnings thereon, when, to the extent, and in the manner

required by the Secretary of the Treasury in order to fulfill the

rights and obligations of the United States under United Nations

Security Council Resolution No. 778.

Sec. 4. Compliance with this order, or any regulation,

instruction, or direction issued under this order, licensing,

authorizing, directing, or compelling the transfer of the blocked

funds and other assets described in section 2 of this order, or

funds and other assets received from the United Nations in

repayment of funds and assets transferred pursuant to section 2 of

this order, shall, to the extent thereof, be a full acquittance and

discharge for all purposes of the obligation of the person making

the transfer. No person shall be held liable in any court for or

with respect to anything done or omitted in good faith in

connection with the administration of, or pursuant to and in

reliance on, this order or any regulation, instruction, or

direction issued hereunder. The operation of this order shall have

no effect on rights, debts, and claims existing with respect to

funds or other assets prior to their transfer to the Federal

Reserve Bank of New York.

Sec. 5. For the purposes of this order, the term "United States

financial institution" means any United States citizen, permanent

resident alien, juridical person organized under the laws of the

United States, or any person located in the United States, which is

engaged in the business of accepting deposits, making, granting,

transferring, holding, or brokering loans or credits, or purchasing

or selling foreign exchange or securities, including, but not

limited to, depository institutions, banks, saving banks, trust

companies, securities brokers and dealers, clearing corporations,

investment companies, and U.S. holding companies, U.S. affiliates,

or U.S. subsidiaries of the foregoing. This term includes branches,

offices, and agencies of foreign financial institutions which are

located in the United States.

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

Secretary of State, is authorized to take such actions, including

the issuance of directive licenses, rules, and regulations, 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 Federal Government. All agencies of

the Federal Government are directed to take all appropriate

measures within their authority to carry out the provisions of this

order.

Sec. 7. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party (other

than the United States) against the United States, its agencies or

instrumentalities, its officers or employees, or any other person.

Sec. 8.

(a) This order is effective immediately.

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

in the Federal Register.

George Bush.

EX. ORD. NO. 12831. ADDITIONAL MEASURES WITH RESPECT TO FEDERAL

REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)

Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

section 5 of the United Nations Participation Act of 1945, as

amended (22 U.S.C. 287c), and section 301 of title 3 of the United

States Code, in view of United Nations Security Council Resolutions

No. 757 of May 30, 1992, and No. 787 of November 16, 1992, and in

order to take additional steps with respect to the actions and

policies of the Federal Republic of Yugoslavia (Serbia and

Montenegro) and the national emergency described and declared in

Executive Order No. 12808 [set out above] and expanded in Executive

Order No. 12810 [set out above],

I, GEORGE BUSH, President of the United States of America, hereby

order:

Section 1. The following are prohibited, except to the extent

provided in regulations, orders, directives, or licenses which may

hereafter be issued pursuant to this order, and notwithstanding the

existence of any rights or obligations conferred or imposed by any

international agreement or any contract entered into or any license

or permit granted before the effective date of this order:

(a) Any transaction within the United States or by a United

States person related to the transshipment of commodities or

products through the Federal Republic of Yugoslavia (Serbia and

Montenegro); and

(b) Any transaction within the United States or by a United

States person relating to any vessel in which a majority or

controlling interest is held by a person or entity in, or operating

from, the Federal Republic of Yugoslavia (Serbia and Montenegro)

regardless of the flag under which the vessel sails.

Sec. 2. Any vessel in which a majority or controlling interest is

held by a person or entity in, or operating from, the Federal

Republic of Yugoslavia (Serbia and Montenegro) shall be considered

as a vessel of the Federal Republic of Yugoslavia (Serbia and

Montenegro) regardless of the flag under which the vessel sails.

Sec. 3. 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 International Emergency

Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations

Participation Act [22 U.S.C. 287 et seq.], as may be necessary to

carry out the purpose of this order. Such actions may include

prohibiting or regulating trade and financial transactions

involving any areas of the territory of the former Socialist

Federal Republic of Yugoslavia as to which there is inadequate

assurance that such transactions will not be diverted to the

benefit of the Federal Republic of Yugoslavia (Serbia and

Montenegro). The Secretary of the Treasury may redelegate the

authority set forth in this order to other officers and agencies of

the United States Government, all agencies of which are hereby

directed to take all appropriate measures within their authority to

carry out the provisions of this order, including suspension or

termination of licenses or other authorizations in effect as of the

date of this order.

Sec. 4. Section 3[2](i) of Executive Order No. 12810 [set out

above] is hereby revoked.

Sec. 5. The definitions contained in Section 5 of Executive Order

No. 12810 [set out above] apply to the terms used in this order.

Sec. 6. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 7. (a) This order is effective immediately.

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

in the Federal Register.

George Bush.

EX. ORD. NO. 12846. ADDITIONAL MEASURES WITH RESPECT TO FEDERAL

REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)

Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

section 5 of the United Nations Participation Act of 1945, as

amended (22 U.S.C. 287c), and section 301 of title 3, United States

Code, in view of United Nations Security Council Resolution No. 757

of May 30, 1992, No. 787 of November 16, 1992, and No. 820 of April

17, 1993, and in order to take additional steps with respect to the

actions and policies of the Federal Republic of Yugoslavia (Serbia

and Montenegro) and the national emergency described and declared

in Executive Order No. 12808 [set out above] and expanded in

Executive Order No. 12810 [set out above] and No. 12831 [set out

above],

I, WILLIAM J. CLINTON, President of the United States of America,

hereby order:

Section 1. Notwithstanding the existence of any rights or

obligations conferred or imposed by any international agreement or

any contract entered into or any license or permit granted before

the effective date of this order, except to the extent provided in

regulations, orders, directives, or licenses which may hereafter be

issued pursuant to this order:

(a) All property and interests in property of all commercial,

industrial, or public utility undertakings or entities organized or

located in the Federal Republic of Yugoslavia (Serbia and

Montenegro), including, without limitation, the property and

interests in property of entities (wherever organized or located)

owned or controlled by such undertakings or entities, 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

hereby blocked;

(b) All expenses incident to the blocking and maintenance of

property blocked under Executive Order Nos. 12808, 12810, 12831

[set out above] or this order shall be charged to the owners or

operators of such property, which expenses shall not be met from

blocked funds. Such property may also be sold or liquidated and the

proceeds placed in a blocked interest-bearing account in the name

of the owner;

(c) All vessels, freight vehicles, rolling stock, aircraft and

cargo that are within or hereafter come within the United States

and are not subject to blocking under Executive Order Nos. 12808,

12810, 12831 or this order, but which are suspected of a violation

of United Nations Security Council Resolution Nos. 713, 757, 787 or

820, shall be detained pending investigation and, upon a

determination by the Secretary of the Treasury that they have been

in violation of any of these resolutions, shall be blocked. Such

blocked conveyances and cargo may also be sold or liquidated and

the proceeds placed in a blocked interest-bearing account in the

name of the owner;

(d) No vessel registered in the United States or owned or

controlled by United States persons, other than a United States

naval vessel, may enter the territorial waters of the Federal

Republic of Yugoslavia (Serbia and Montenegro); and

(e) Any dealing by a United States person relating to the

importation from, exportation to, or transshipment through the

United Nations Protected Areas in the Republic of Croatia and those

areas of the Republic of Bosnia-Hercegovina under the control of

Bosnian Serb forces, or activity of any kind that promotes or is

intended to promote such dealing, is prohibited.

Sec. 2. 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 International Emergency

Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations

Participation Act [22 U.S.C. 287 et seq.] as may be necessary to

carry out the purposes of this order. The Secretary of the Treasury

may redelegate the authority set forth in this order to other

officers and agencies of the Federal Government, all agencies of

which are hereby directed to take all appropriate measures within

their authority to carry out the provisions of this order,

including suspension or termination of licenses or other

authorizations in effect as of the date of this order.

Sec. 3. Nothing in this order shall apply to activities related

to the United Nations Protection Force, the International

Conference on the Former Yugoslavia, and the European Community

Monitor Mission.

Sec. 4. The definitions contained in section 5 of Executive Order

No. 12810 [set out above] apply to the terms used in this order.

Sec. 5. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 6. This order shall not affect the provisions of licenses

and authorizations issued pursuant to Executive Order Nos. 12808,

12810, 12831 [set out above] and in force on the effective date of

this order, except as such licenses or authorization may hereafter

be terminated, modified or suspended by the issuing federal agency.

Sec. 7. (a) This order shall take effect at 12:01 a.m. Eastern

Daylight Time, April 26, 1993.

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

in the Federal Register.

William J. Clinton.

EXECUTIVE ORDER NO. 12853

Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, which directed

Secretary of the Treasury to block all property and interests in

property of Government of Haiti and the de facto regime in Haiti or

controlled directly or indirectly by either that were in United

States or within possession or control of United States persons and

which prohibited sale or supply to Haiti of petroleum or arms and

related materiel by United States persons or from United States or

using U.S.-registered vessels or aircraft, was revoked by Ex. Ord.

No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.

EX. ORD. NO. 12865. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT

TO UNITA

Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

section 5 of the United Nations Participation Act of 1945, as

amended (22 U.S.C. 287c), and section 301 of title 3, United States

Code, and in view of United Nations Security Council Resolution No.

864 of September 15, 1993,

I, WILLIAM J. CLINTON, President of the United States of America,

take note of the United Nations Security Council's determination

that, as a result of UNITA's military actions, the situation in

Angola constitutes a threat to international peace and security,

and find that the actions and policies of UNITA, in continuing

military actions, repeated attempts to seize additional territory

and failure to withdraw its troops from locations that it has

occupied since the resumption of hostilities, in repeatedly

attacking United Nations personnel working to provide humanitarian

assistance, in holding foreign nationals against their will, in

refusing to accept the results of the democratic elections held in

Angola in 1992, and in failing to abide by the "Acordos de Paz,"

constitute an unusual and extraordinary threat to the foreign

policy of the United States, and hereby declare a national

emergency to deal with that threat.

I hereby order:

Section 1. The following are prohibited, notwithstanding the

existence of any rights or obligations conferred or imposed by any

international agreement or contract entered into or any license or

permit granted before the effective date of this order, except to

the extent provided in regulations, orders, directives, or licenses

which may hereafter be issued pursuant to this order:

(a) The sale or supply by United States persons or from the

United States, or using U.S.-registered vessels or aircraft, of

arms and related materiel of all types, including weapons and

ammunition, military vehicles and equipment and spare parts for the

aforementioned, as well as petroleum and petroleum products,

regardless of origin:

(1) to UNITA;

(2) to the territory of Angola, other than through points of

entry to be designated by the Secretary of the Treasury, or any

activity by United States persons or in the United States which

promotes or is calculated to promote such sale or supply.

(b) Any transaction by any United States person that evades or

avoids, or has the purpose of evading or avoiding, or attempts to

violate, any of the prohibitions set forth in this order.

Sec. 2. For purposes of this order:

(a) The term "United States person" means any United States

citizen, permanent resident alien, juridical person organized under

the laws of the United States (including foreign branches), or

person in the United States;

(b) The term "UNITA" includes:

(1) the Uniao Nacional para a Independencia Total de Angola

(UNITA), known in English as the "National Union for the Total

Independence of Angola;"

(2) the Forcas Armadas para a Liberacao de Angola (FALA), known

in English as the "Armed Forces for the Liberation of Angola;"

and

(3) any person acting or purporting to act for or on behalf of

any of the foregoing, including the Free Angola Information

Service, Inc.

Sec. 3. 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 International Emergency

Economic Powers Act [50 U.S.C. 1701 et seq.] and the United Nations

Participation Act [22 U.S.C. 287 et seq.] as may be necessary to

carry out the purpose of this order. The Secretary of the Treasury

may redelegate any of these functions to other officers and

agencies of the United States Government.

Sec. 4. Nothing contained in the order shall be construed to

supersede the requirements established under the Arms Export

Control Act (22 U.S.C. 2751 et seq.) and the Export Administration

Act (50 U.S.C. App. 2401 et seq.) to obtain licenses for the

exportation from the United States or from a third country of any

goods, data, or services subject to the export jurisdiction of the

Department of State or the Department of Commerce.

Sec. 5. All Federal agencies are hereby directed to take all

appropriate measures within their authority to carry out the

provisions of this order, including suspension or termination of

licenses or other authorizations in effect as of the date of this

order.

Sec. 6. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 7. (a) This order shall take effect immediately.

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

in the Federal Register.

William J. Clinton.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12865

Notice of President of the United States, dated Sept. 23, 2002,

67 F.R. 60105, provided:

In accordance with section 202(d) of the National Emergencies Act

(50 U.S.C. 1622(d)), I am continuing for 1 year the national

emergency declared by the President on September 26, 1993, by

Executive Order 12865 [set out above], to deal with the unusual and

extraordinary threat to the foreign policy of the United States

constituted by the actions and policies of the National Union for

the Total Independence of Angola (UNITA). The order prohibits the

sale or supply by United States persons or from the United States,

or using U.S. registered vessels or aircraft, of arms, related

materiel of all types, petroleum, and petroleum products to the

territory of Angola, other than through designated points of entry.

The order also prohibits the sale or supply of such commodities to

UNITA.

The President took additional measures with respect to the

national emergency declared in Executive Order 12865 by issuing

Executive Orders 13069 [set out below] and 13098 [set out below] on

December 12, 1997, and August 18, 1998, respectively. Those orders

close all UNITA offices in the United States, block all property

and interests in property of UNITA and designated UNITA officials

and adult members of their immediate families, prohibit the

importation of certain diamonds exported from Angola, and impose

additional sanctions with respect to the provision of mining and

transportation equipment and services.

Because of our continuing international obligations and because

of the prejudicial effect that discontinuation of the sanctions

would have on prospects for peace in Angola, the national emergency

declared on September 26, 1993, and the measures adopted pursuant

thereto to deal with that emergency, must continue in effect beyond

September 26, 2002. Therefore, I am continuing the national

emergency with respect to UNITA.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12865 were contained in the following:

Notice of President of the United States, dated Sept. 24, 2001,

66 F.R. 49084.

Notice of President of the United States, dated Sept. 22, 2000,

65 F.R. 57721.

Notice of President of the United States, dated Sept. 21, 1999,

64 F.R. 51419.

Notice of President of the United States, dated Sept. 23, 1998,

63 F.R. 51509.

Notice of President of the United States, dated Sept. 24, 1997,

62 F.R. 50477.

Notice of President of the United States, dated Sept. 16, 1996,

61 F.R. 49047.

Notice of President of the United States, dated Sept. 18, 1995,

60 F.R. 48621.

Notice of President of the United States, dated Aug. 17, 1994, 59

F.R. 42749.

EX. ORD. NO. 12867. TERMINATION OF EMERGENCY AUTHORITY FOR CERTAIN

EXPORT CONTROLS

Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 203

of the International Emergency Economic Powers Act (50 U.S.C. 1702)

("the IEEPA"), the National Emergencies Act (50 U.S.C. 1601 et

seq.), the Export Administration Act of 1979, as amended (50 U.S.C.

App. 2401 et seq.) ("the Act"), and section 301 of title 3 of the

United States Code, it is hereby ordered as follows:

Section 1. In view of the extension of the Act by Public Law

103-10 (March 27, 1993) [amending 50 App. U.S.C. 2419], Executive

Order No. 12730 of September 30, 1990, which continued the effect

of export control regulations under the IEEPA, is revoked, and the

declaration of economic emergency is rescinded, as provided in this

order.

Sec. 2. The revocation of Executive Order No. 12730 shall not

affect any violation of any rules, regulations, orders, licenses,

and other forms of administrative action under that Order that

occurred during the period the order was in effect. All rules and

regulations issued or continued in effect under the authority of

the IEEPA and Executive Order No. 12735, including those codified

at 15 CFR Sections 768-799 (1993), and all orders, regulations,

licenses, and other forms of administrative action issued, taken,

or continued in effect pursuant thereto, shall remain in full force

and effect, as if issued, taken, or continued in effect pursuant to

and as authorized by the Act or by other appropriate authority

until amended or revoked by the proper authority. Nothing in this

order shall affect the continued applicability of the provision for

the administration of the Act and delegations of authority set

forth in Executive Order No. 12002 of July 7, 1977, Executive Order

No. 12214 of May 2, 1980 [50 App. U.S.C. 2403 notes], and Executive

Order No. 12735 of November 16, 1990.

Sec. 3. All rules, regulations, orders, licenses, and other forms

of administrative action issued, taken, or continued in effect

pursuant to the authority of the IEEPA and Executive Order No.

12730 relating to the administration of Section 38(e) of the Arms

Export Control Act (22 U.S.C. 2778(e)) shall remain in full force

and effect until amended or revoked under proper authority.

Sec. 4. This order shall take effect immediately.

William J. Clinton.

EXECUTIVE ORDER NO. 12868

Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, which directed

Secretary of Commerce to regulate activities of United States

persons to prevent participation in weapons proliferation

activities, was revoked, with savings provision, by Ex. Ord. No.

12930, Sec. 3, Sept. 29, 1994, 59 F.R. 50475, formerly set out

below.

EXECUTIVE ORDER NO. 12872

Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, which directed

Secretary of the Treasury to block property of persons obstructing

democratization in Haiti, was revoked by Ex. Ord. No. 12932, Oct.

14, 1994, 59 F.R. 52403, set out below.

EXECUTIVE ORDER NO. 12914

Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, which directed

Secretary of the Treasury to block all funds and financial

resources of officers and employees of Haitian military, including

police, and of all major participants in coup d'e&233;tat in Haiti

of 1991 and in illegal governments that followed, and which

prohibited air travel between United States territory and Haiti

except regularly scheduled commercial passenger flights, was

revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, set

out below.

EXECUTIVE ORDER NO. 12917

Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, which prohibited

imports into United States from Haiti and activity by United States

persons or in United States promoting or dealing in Haitian

exports, with certain exceptions, was revoked by Ex. Ord. No.

12932, Oct. 14, 1994, 59 F.R. 52403, set out below.

EXECUTIVE ORDER NO. 12920

Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, which

prohibited payment or transfer of funds or other financial or

investment assets or credits to Haiti from or through United States

or from Haiti to or through United States and the sale, supply, or

exportation of goods, technology, or services to Haiti or promotion

of such activity, with certain exceptions, was revoked by Ex. Ord.

No. 12932, Oct. 14, 1994, 59 F.R. 52403, set out below.

EXECUTIVE ORDER NO. 12922

Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, which directed

Secretary of the Treasury to block property and interests in

property of Haitian national residents in Haiti and to continue

blocking property of certain other persons that were in United

States or within possession and control of United States persons,

was revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403,

set out below.

EXECUTIVE ORDER NO. 12923

Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, which continued

effectiveness of the Export Administration Act of 1979, 50 App.

U.S.C. 2401 et seq., and of the orders, rules and regulations

promulgated thereunder, was revoked by Ex. Ord. No. 12924, Sec. 4,

Aug. 19, 1994, 59 F.R. 43438, set out below.

EXECUTIVE ORDER NO. 12924

Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, which continued

effectiveness of the Export Administration Act of 1979, 50 App.

U.S.C. 2401 et seq., and of the orders, rules and regulations

promulgated thereunder, was revoked by Ex. Ord. No. 13206, Sec. 1,

Apr. 4, 2001, 66 F.R. 18397, set out below.

Continuations of national emergency declared by Ex. Ord. No.

12924 were contained in the following:

Notice of President of the United States, dated Aug. 3, 2000, 65

F.R. 48347.

Notice of President of the United States, dated Aug. 10, 1999, 64

F.R. 44101.

Notice of President of the United States, dated Aug. 13, 1998, 63

F.R. 44121.

Notice of President of the United States, dated Aug. 13, 1997, 62

F.R. 43629.

Notice of President of the United States, dated Aug. 14, 1996, 61

F.R. 42527.

Notice of President of the United States, dated Aug. 15, 1995, 60

F.R. 42767.

EXECUTIVE ORDER NO. 12930

Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, which directed

Secretary of Commerce to take measures to restrict participation by

United States persons in weapons proliferation activities, was

revoked by Ex. Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R.

59099, set out below.

EX. ORD. NO. 12932. TERMINATION OF EMERGENCY WITH RESPECT TO HAITI

Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.), the National Emergencies Act ("NEA") (50 U.S.C. 1601 et

seq.), section 5 of the United Nations Participation Act of 1945,

as amended (22 U.S.C. 287c), and section 301 of title 3, United

States Code, and taking into consideration United Nations Security

Council Resolution 944 of September 29, 1994,

I, WILLIAM J. CLINTON, President of the United States of America,

find that the restoration of a democratically elected government in

Haiti has ended the unusual and extraordinary threat to the

national security, foreign policy, and economy of the United States

previously posed by the policies and actions of the de facto regime

in Haiti and the need to continue the national emergency declared

in Executive Order No. 12775 of October 4, 1991, to deal with that

threat.

I hereby revoke Executive Order Nos. 12775, 12779, 12853, 12872,

12914, 12917, 12920, and 12922 and terminate the national emergency

declared in Executive Order No. 12775 with respect to Haiti.

Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination

of the national emergency with respect to Haiti shall not affect

any action taken or proceeding pending not finally concluded or

determined as of the effective date of this order, or any action or

proceeding based on any act committed prior to the effective date

of this order, or any rights or duties that matured or penalties

that were incurred prior to the effective date of this order.

This order shall take effect at 12:01 a.m. eastern daylight time

on October 16, 1994.

William J. Clinton.

EX. ORD. NO. 12934. BLOCKING PROPERTY AND ADDITIONAL MEASURES WITH

RESPECT TO BOSNIAN SERB-CONTROLLED AREAS OF REPUBLIC OF BOSNIA AND

HERZEGOVINA

Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

section 5 of the United Nations Participation Act of 1945, as

amended (22 U.S.C. 287c), and section 301 of title 3, United States

Code, in view of United Nations Security Council Resolution 942 of

September 23, 1994, and in order to take additional steps with

respect to the crisis in the former Yugoslavia, I hereby expand the

scope of the national emergency declared in Executive Order No.

12808 [set out above] to address the unusual and extraordinary

threat to the national security, foreign policy, and economy of the

United States posed by the actions and policies of the Bosnian Serb

forces and the authorities in the territory that they control,

including their refusal to accept the proposed territorial

settlement of the conflict in the Republic of Bosnia and

Herzegovina.

I, WILLIAM J. CLINTON, President of the United States of America,

hereby order:

Section 1. Notwithstanding the existence of any rights or

obligations conferred or imposed by any international agreement or

any contract entered into or any license or permit granted before

the effective date of this order, except to the extent provided in

regulations, orders, directives, or licenses, which may hereafter

be issued pursuant to this order, all property and interests in

property of: (a) the Bosnian Serb military and paramilitary forces

and the authorities in those areas of the Republic of Bosnia and

Herzegovina under the control of those forces;

(b) any entity, including any commercial, industrial, or public

utility undertaking, organized or located in those areas of the

Republic of Bosnia and Herzegovina under the control of Bosnian

Serb forces;

(c) any entity, wherever organized or located, which is owned or

controlled directly or indirectly by any person in, or resident in,

those areas of the Republic of Bosnia and Herzegovina under the

control of Bosnian Serb forces;

(d) any person acting for or on behalf of any person included

within the scope of paragraph (a), (b), or (c) of this section;

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.

Sec. 2. Notwithstanding the existence of any rights or

obligations conferred or imposed by any international agreement or

any contract entered into or any license or permit granted before

the effective date of this order, except to the extent provided in

regulations, orders, directives, or licenses, which may hereafter

be issued pursuant to this order: (a) the provision or exportation

of services to those areas of the Republic of Bosnia and

Herzegovina under the control of Bosnian Serb forces, or to any

person for the purpose of any business carried on in those areas,

either from the United States or by a United States person, is

prohibited; and

(b) no vessel registered in the United States or owned or

controlled by a United States person, other than a United States

naval vessel, may enter the riverine ports of those areas of the

Republic of Bosnia and Herzegovina under the control of Bosnian

Serb forces.

Sec. 3. Any transaction by any United States person that evades

or avoids, or has the purpose of evading or avoiding, or attempts

to violate, any of the prohibitions set forth in this order is

prohibited.

Sec. 4. 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 me by the International Emergency Economic

Powers Act [50 U.S.C. 1701 et seq.] and the United Nations

Participation Act of 1945 [22 U.S.C. 287 et seq.], as amended, as

may be necessary to carry out the purposes of this order. The

Secretary of the Treasury may redelegate the authority set forth in

this order to other officers and agencies of the United States

Government, all agencies of which are hereby directed to take all

appropriate measures within their authority to carry out the

provisions of this order, including suspension or termination of

licenses or other authorizations in effect as of the date of this

order.

Sec. 5. Nothing in this order shall apply to activities related

to the United Nations Protection Force, the International

Conference on the Former Yugoslavia, or the European Community

Monitoring Missions.

Sec. 6. For the purposes of this order:

(a) The term "person" means an individual or entity;

(b) The term "entity" means a corporation, partnership,

association, or other organization;

(c) The term "United States person" is as defined in section 5 of

Executive Order No. 12810 [set out above].

Sec. 7. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 8 (a) This order shall take effect at 11:59 p.m. eastern

daylight time on October 25, 1994.

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

in the Federal Register.

William J. Clinton.

EX. ORD. NO. 12938. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by

Ex. Ord. No. 13094, Sec. 1, July 28, 1998, 63 F.R. 40803; Ex. Ord.

No. 13128, June 25, 1999, 64 F.R. 34704, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the

Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.),

Executive Orders Nos. 12851 [22 U.S.C. 2797 note] and 12924 [set

out above], and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

find that the proliferation of nuclear, biological, and chemical

weapons ("weapons of mass destruction") and of the means of

delivering such weapons, constitutes 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.

Accordingly, I hereby order:

Section 1. International Negotiations. It is the policy of the

United States to lead and seek multilaterally coordinated efforts

with other countries to control the proliferation of weapons of

mass destruction and the means of delivering such weapons.

Accordingly, the Secretary of State shall cooperate in and lead

multilateral efforts to stop the proliferation of weapons of mass

destruction and their means of delivery.

Sec. 2. Imposition of Controls. As provided herein, the Secretary

of State and the Secretary of Commerce shall use their respective

authorities, including the Arms Export Control Act [22 U.S.C. 2751

et seq.] and the International Emergency Economic Powers Act [50

U.S.C. 1701 et seq.], to control any exports, to the extent they

are not already controlled by the Department of Energy and the

Nuclear Regulatory Commission, that either Secretary determines

would assist a country in acquiring the capability to develop,

produce, stockpile, deliver, or use weapons of mass destruction or

their means of delivery. The Secretary of State shall pursue early

negotiations with foreign governments to adopt effective measures

comparable to those imposed under this order.

Sec. 3. Department of Commerce Controls. (a) The Secretary of

Commerce shall prohibit the export of any goods, technology, or

services subject to the Secretary's export jurisdiction that the

Secretary of Commerce determines, in consultation with the

Secretary of State, the Secretary of Defense, and other appropriate

officials, would assist a foreign country in acquiring the

capability to develop, produce, stockpile, deliver, or use weapons

of mass destruction or their means of delivery. The Secretary of

State shall pursue early negotiations with foreign governments to

adopt effective measures comparable to those imposed under this

section.

(b) Subsection (a) of this section will not apply to exports

relating to a particular category of weapons of mass destruction

(i.e., nuclear, chemical, or biological weapons) if their

destination is a country with whose government the United States

has entered into a bilateral or multilateral arrangement for the

control of that category of weapons of mass destruction-related

goods (including delivery systems) and technology, or maintains

domestic export controls comparable to controls that are imposed by

the United States with respect to that category of goods and

technology, or that are otherwise deemed adequate by the Secretary

of State.

(c) The Secretary of Commerce shall require validated licenses to

implement this order and shall coordinate any license applications

with the Secretary of State and the Secretary of Defense.

(d) The Secretary of Commerce, in consultation with the Secretary

of State, shall take such actions, including the promulgation of

rules, regulations, and amendments thereto, as may be necessary to

continue to regulate the activities of United States persons in

order to prevent their participation in activities that could

contribute to the proliferation of weapons of mass destruction or

their means of delivery, as provided in the Export Administration

Regulations, set forth in Title 15, Chapter VII, Subchapter C, of

the Code of Federal Regulations, Parts 768 to 799 inclusive.

(e) the Secretary of Commerce shall impose and enforce such

restrictions on the importation of chemicals into the United States

as may be necessary to carry out the requirements of the Convention

on the Prohibition of the Development, Production, Stockpiling and

Use of Chemical Weapons and on Their Destruction.

Sec. 4. Measures Against Foreign Persons.

(a) Determination by Secretary of State; Imposition of Measures.

Except to the extent provided in section 203(b) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)),

where applicable, if the Secretary of State determines that a

foreign person, on or after November 16, 1990, the effective date

of Executive Order 12735, the predecessor order to Executive Order

12938, has materially contributed or attempted to contribute

materially to the efforts of any foreign country, project, or

entity of proliferation concern to use, acquire, design, develop,

produce, or stockpile weapons of mass destruction or missiles

capable of delivering such weapons, the measures set forth in

subsections (b), (c), and (d) of this section shall be imposed on

that foreign person to the extent determined by the Secretary of

State in consultation with the implementing agency and other

relevant agencies. Nothing in this section is intended to preclude

the imposition on that foreign person of other measures or

sanctions available under this order or under other authorities.

(b) Procurement Ban. No department or agency of the United States

Government may procure, or enter into any contract for the

procurement of, any goods, technology, or services from any foreign

person described in subsection (a) of this section.

(c) Assistance Ban. No department or agency of the United States

Government may provide any assistance to any foreign person

described in subsection (a) of this section, and no such foreign

person shall be eligible to participate in any assistance program

of the United States Government.

(d) Import Ban. The Secretary of the Treasury shall prohibit the

importation into the United States of goods, technology, or

services produced or provided by any foreign person described in

subsection (a) of this section, other than information or

informational materials within the meaning of section 203(b)(3) of

the International Emergency Economic Powers Act (50 U.S.C.

1702(b)(3)).

(e) Termination. Measures pursuant to this section may be

terminated against a foreign person if the Secretary of State

determines that there is reliable evidence that such foreign person

has ceased all activities referred to in subsection (a) of this

section.

(f) Exceptions. Departments and agencies of the United States

Government, acting in consultation with the Secretary of State,

may, by license, regulation, order, directive, exception, or

otherwise, provide for:

(i) Procurement contracts necessary to meet U.S. operational

military requirements or requirements under defense production

agreements; intelligence requirements; sole source suppliers,

spare parts, components, routine servicing and maintenance of

products for the United States Government; and medical and

humanitarian items; and

(ii) Performance pursuant to contracts in force on the

effective date of this order under appropriate circumstances.

Sec. 5. Sanctions Against Foreign Countries. (a) In addition to

the sanctions imposed on foreign countries as provided in the

Chemical and Biological Weapons Control and Warfare Elimination Act

of 1991 [22 U.S.C. 5601 et seq.], sanctions also shall be imposed

on a foreign country as specified in subsection (b) of this

section, if the Secretary of State determines that the foreign

country has, on or after the effective date of this order or its

predecessor, Executive Order No. 12735 of November 16, 1990, (1)

used chemical or biological weapons in violation of international

law; (2) made substantial preparations to use chemical or

biological weapons in violation of international law; or (3)

developed, produced, stockpiled, or otherwise acquired chemical or

biological weapons in violation of international law.

(b) The following sanctions shall be imposed on any foreign

country identified in subsection (a)(1) of this section unless the

Secretary of State determines, on grounds of significant foreign

policy or national security, that any individual sanction should

not be applied. The sanctions specified in this section may be made

applicable to the countries identified in subsections (a)(2) or

(a)(3) when the Secretary of State determines that such action will

further the objectives of this order pertaining to proliferation.

The sanctions specified in subsection (b)(2) below shall be imposed

with the concurrence of the Secretary of the Treasury.

(1) Foreign Assistance. No assistance shall be provided to that

country under the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et

seq.], or any successor act, or the Arms Export Control Act [22

U.S.C. 2751 et seq.], other than assistance that is intended to

benefit the people of that country directly and that is not

channeled through governmental agencies or entities of that

country.

(2) Multilateral Development Bank Assistance. The United States

shall oppose any loan or financial or technical assistance to that

country by international financial institutions in accordance with

section 701 of the International Financial Institutions Act (22

U.S.C. 262d).

(3) Denial of Credit or Other Financial Assistance. The United

States shall deny to that country any credit or financial

assistance by any department, agency, or instrumentality of the

United States Government.

(4) Prohibition of Arms Sales. The United States Government shall

not, under the Arms Export Control Act, sell to that country any

defense articles or defense services or issue any license for the

export of items on the United States Munitions List.

(5) Exports of National Security-Sensitive Goods and Technology.

No exports shall be permitted of any goods or technologies

controlled for national security reasons under the Export

Administration Regulations.

(6) Further Export Restrictions. The Secretary of Commerce shall

prohibit or otherwise substantially restrict exports to that

country of goods, technology, and services (excluding agricultural

commodities and products otherwise subject to control).

(7) Import Restrictions. Restrictions shall be imposed on the

importation into the United States of articles (that may include

petroleum or any petroleum product) that are the growth, product,

or manufacture of that country.

(8) Landing Rights. At the earliest practicable date, the

Secretary of State shall terminate, in a manner consistent with

international law, the authority of any air carrier that is

controlled in fact by the government of that country to engage in

air transportation (as defined in section 101(10) of the Federal

Aviation Act of 1958 (49 U.S.C. App. 1301(10) [see 49 U.S.C.

40102(5)]).

Sec. 6. Duration. Any sanctions imposed pursuant to sections 4 or

5 of this order shall remain in force until the Secretary of State

determines that lifting any sanction is in the foreign policy or

national security interests of the United States or, as to

sanctions under section 4 of this order, until the Secretary has

made the determination under section 4(e).

Sec. 7. Implementation. The Secretary of State, the Secretary of

the Treasury, and the Secretary of Commerce are hereby authorized

and directed to take such actions, including the promulgation of

rules and regulations, as may be necessary to carry out the

purposes of this order. These actions, and in particular those in

sections 4 and 5 of this order, shall be made in consultation with

the Secretary of Defense and, as appropriate, other agency heads

and shall be implemented in accordance with procedures established

pursuant to Executive Order No. 12851 [22 U.S.C. 2797 note]. The

Secretary concerned may redelegate any of these functions to other

officers in agencies of the Federal Government. All heads of

departments and agencies of the United States Government are

directed to take all appropriate measures within their authority to

carry out the provisions of this order, including the suspension or

termination of licenses or other authorizations.

Sec. 8. Preservation of Authorities. 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 the authority of the International Economic

Emergency Powers Act [International Emergency Economic Powers Act,

50 U.S.C. 1701 et seq.], the Export Administration Act [50 App.

U.S.C. 2401 et seq.], the Arms Export Control Act [22 U.S.C. 2751

et seq.], the Nuclear Non-proliferation Act [22 U.S.C. 3201 et

seq.], Executive Order No. 12730 of September 30, 1990 [50 U.S.C.

1701 note], Executive Order No. 12735 of November 16, 1990,

Executive Order No. 12924 of August 18, 1994 [50 U.S.C. 1701 note],

and Executive Order No. 12930 of September 29, 1994.

Sec. 9. Judicial Review. This order is not intended to create,

nor does it create, any right or benefit, substantive or

procedural, enforceable at law by a party against the United

States, its agencies, officers, or any other person.

Sec. 10. Revocation of Executive Orders Nos. 12735 and 12930.

Executive Order No. 12735 of November 16, 1990, and Executive Order

No. 12930 of September 29, 1994, are hereby revoked.

Sec. 11. Effective Date. This order is effective immediately.

This order shall be transmitted to the Congress and published in

the Federal Register.

William J. Clinton.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12938

Notice of President of the United States, dated Nov. 6, 2002, 67

F.R. 68493, provided:

On November 14, 1994, by Executive Order 12938 [set out above],

President Clinton declared a national emergency with respect to the

unusual and extraordinary threat to the national security, foreign

policy, and economy of the United States posed by the proliferation

of nuclear, biological, and chemical weapons (weapons of mass

destruction) and the means of delivering such weapons. On July 28,

1998, the President issued Executive Order 13094 to amend Executive

Order 12938 to more effectively respond to the worldwide threat of

weapons of mass destruction proliferation activities. Because the

proliferation of weapons of mass destruction and the means of

delivering them continues to pose an unusual and extraordinary

threat to the national security, foreign policy, and economy of the

United States, the national emergency first declared on November

14, 1994, and extended on November 14, 1995, November 12, 1996,

November 13, 1997, November 12, 1998, November 10, 1999, November

12, 2000, and November 9, 2001, must continue in effect beyond

November 14, 2002. In accordance with section 202(d) of the

National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1

year the national emergency declared in Executive Order 12938, as

amended.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12938 were contained in the following:

Notice of President of the United States, dated Nov. 9, 2001, 66

F.R. 56965.

Notice of President of the United States, dated Nov. 9, 2000, 65

F.R. 68063.

Notice of President of the United States, dated Nov. 10, 1999, 64

F.R. 61767.

Notice of President of the United States, dated Nov. 12, 1998, 63

F.R. 63589.

Notice of President of the United States, dated Nov. 12, 1997, 62

F.R. 60993.

Notice of President of the United States, dated Nov. 12, 1996, 61

F.R. 58309.

Notice of President of the United States, dated Nov. 8, 1995, 60

F.R. 57137.

EX. ORD. NO. 12947. PROHIBITING TRANSACTIONS WITH TERRORISTS WHO

THREATEN TO DISRUPT MIDDLE EAST PEACE PROCESS

Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by

Ex. Ord. No. 13099, Secs. 1, 2, Aug. 20, 1998, 63 F.R. 45167,

provided:

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.), and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

find that grave acts of violence committed by foreign terrorists

that disrupt the Middle East peace process 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.

I hereby order:

Section 1. Except to the extent provided in section 203(b)(3) and

(4) of IEEPA (50 U.S.C. 1702(b)(3) and (4)) and 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: (a) all property and

interests in property of:

(i) the persons listed in the Annex to this order;

(ii) foreign persons designated by the Secretary of State, in

coordination with the Secretary of the Treasury and the Attorney

General, because they are found:

(A) to have committed, or to pose a significant risk of

committing, acts of violence that have the purpose or effect of

disrupting the Middle East peace process, or

(B) to assist in, sponsor, or provide financial, material, or

technological support for, or services in support of, such acts

of violence; and

(iii) persons determined by the Secretary of the Treasury, in

coordination with the Secretary of State and the Attorney

General, to be owned or controlled by, or to act for or on behalf

of, any of the foregoing persons, that are in the United States,

that hereafter come within the United States, or that hereafter

come within the possession or control of United States persons,

are blocked;

(b) any transaction or dealing by United States persons or within

the United States in property or interests in property of the

persons designated in or pursuant to this order is prohibited,

including the making or receiving of any contribution of funds,

goods, or services to or for the benefit of such persons;

(c) any transaction by any United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order, is prohibited.

Sec. 2. For the purposes of this order: (a) the term "person"

means an individual or entity;

(b) the term "entity" means a partnership, association,

corporation, or other organization, group, or subgroup;

(c) the term "United States person" means any United States

citizen, permanent resident alien, entity organized under the laws

of the United States (including foreign branches), or any person in

the United States; and

(d) the term "foreign person" means any citizen or national of a

foreign state (including any such individual who is also a citizen

or national of the United States) or any entity not organized

solely under the laws of the United States or existing solely in

the United States, but does not include a foreign state.

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

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

1702(b)(2)(A)) by United States persons to persons designated in or

pursuant to this order would seriously impair my ability to deal

with the national emergency declared in this order, and hereby

prohibit such donations as provided by section 1 of this order.

Sec. 4. (a) The Secretary of the Treasury, in consultation with

the Secretary of State and, as appropriate, the Attorney General,

is hereby authorized to take such actions, including the

promulgation of rules and regulations, and to employ all powers

granted to me 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. 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.

(b) Any investigation emanating from a possible violation of this

order, or of any license, order, or regulation issued pursuant to

this order, shall first be coordinated with the Federal Bureau of

Investigation (FBI), and any matter involving evidence of a

criminal violation shall be referred to the FBI for further

investigation. The FBI shall timely notify the Department of the

Treasury of any action it takes on such referrals.

Sec. 5. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m., eastern

standard time on January 24, 1995.

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

in the Federal Register.

William J. Clinton.

-MISC3-

ANNEX

TERRORISTS WHO THREATEN TO DISRUPT THE MIDDLE EAST PEACE PROCESS

Abu Hafs al-Masri

Abu Nidal Organization (ANO)

Democratic Front for the Liberation of Palestine (DFLP)

Hizballah

Islamic Army (a.k.a. Al-Qaida, Islamic Salvation Foundation, The

Islamic Army for the Liberation of the Holy Places, The World

Islamic Front for Jihad Against Jews and Crusaders, and The Group

for the Preservation of the Holy Sites)

Islamic Gama'at (IG)

Islamic Resistance Movement (HAMAS)

Jihad

Kach

Kahane Chai

Palestinian Islamic Jihad-Shiqaqi faction (PIJ)

Palestine Liberation Front-Abu Abbas faction (PLF-Abu Abbas)

Popular Front for the Liberation of Palestine (PFLP)

Popular Front for the Liberation of Palestine-General Command

(PFLP-GC)

Rifa'i Ahmad Taha Musa

Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama bin Ladin)

-EXEC-

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12947

Notice of President of the United States, dated Jan. 20, 2003, 68

F.R. 3161, provided:

On January 23, 1995, by Executive Order 12947 [set out above],

the President declared a national emergency pursuant to the

International Emergency Economic Powers Act (50 U.S.C. 1701-1706)

to deal with the unusual and extraordinary threat to the national

security, foreign policy, and economy of the United States

constituted by grave acts of violence committed by foreign

terrorists who threaten to disrupt the Middle East peace process.

On August 20, 1998, by Executive Order 13099 [amending Ex. Ord. No.

12947, set out above], the President identified four additional

persons, including Usama bin Ladin, who threaten to disrupt the

Middle East peace process.

Because these terrorist activities continue to threaten the

Middle East peace process and continue to pose an unusual and

extraordinary threat to the national security, foreign policy, and

economy of the United States, the national emergency declared on

January 23, 1995, as expanded on August 20, 1998, and the measures

adopted on those dates to deal with that emergency must continue in

effect beyond January 23, 2003. Therefore, in accordance with

section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),

I am continuing for 1 year the national emergency with respect to

foreign terrorists who threaten to disrupt the Middle East peace

process.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12947 were contained in the following:

Notice of President of the United States, dated Jan. 18, 2002, 67

F.R. 3033.

Notice of President of the United States, dated Jan. 19, 2001, 66

F.R. 7371.

Notice of President of the United States, dated Jan. 19, 2000, 65

F.R. 3581.

Notice of President of the United States, dated Jan. 20, 1999, 64

F.R. 3393.

Notice of President of the United States, dated Jan. 21, 1998, 63

F.R. 3445.

Notice of President of the United States, dated Jan. 21, 1997, 62

F.R. 3439.

Notice of President of the United States, dated Jan. 18, 1996, 61

F.R. 1695.

EX. ORD. NO. 12957. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT

TO DEVELOPMENT OF IRANIAN PETROLEUM RESOURCES

Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and

section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

find that the actions and policies of the Government of Iran

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.

I hereby order:

Section 1. The following are prohibited, except to the extent

provided 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: (a) the entry into or performance by

a United States person, or the approval by a United States person

of the entry into or performance by an entity owned or controlled

by a United States person, of (i) a contract that includes overall

supervision and management responsibility for the development of

petroleum resources located in Iran, or (ii) a guaranty of another

person's performance under such a contract;

(b) the entry into or performance by a United States person, or

the approval by a United States person of the entry into or

performance by an entity owned or controlled by a United States

person, of (i) a contract for the financing of the development of

petroleum resources located in Iran, or (ii) a guaranty of another

person's performance under such a contract; and

(c) any transaction by any United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order.

Sec. 2. 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, 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 (including foreign branches), or any person in

the United States; and

(d) The term "Iran" means the land territory claimed by Iran and

any other area over which Iran claims sovereignty, sovereign rights

or jurisdiction, including the territorial sea, exclusive economic

zone, and continental shelf claimed by Iran.

Sec. 3. 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 me by the International Emergency Economic

Powers Act 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. 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. 4. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 5. (a) This order is effective at 12:01 a.m., eastern

standard time, on March 16, 1995.

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

in the Federal Register.

William J. Clinton.

[Sections 1 and 2 of Ex. Ord. No. 12957 were revoked by Ex. Ord.

No. 12959, Sec. 5, May 6, 1995, 60 F.R. 24758, set out below, to

the extent inconsistent with Ex. Ord. No. 12959.]

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12957

Notice of President of the United States, dated Mar. 12, 2003, 68

F.R. 12563, provided:

On March 15, 1995, by Executive Order 12957 [set out above], the

President declared a national emergency with respect to Iran

pursuant to the International Emergency Economic Powers Act (50

U.S.C. 1701-1706) to deal with the unusual and extraordinary threat

to the national security, foreign policy, and economy of the United

States constituted by the actions and policies of the Government of

Iran, including its support for international terrorism, efforts to

undermine the Middle East peace process, and acquisition of weapons

of mass destruction and the means to deliver them. On May 6, 1995,

the President issued Executive Order 12959 [set out below] imposing

more comprehensive sanctions to further respond to this threat, and

on August 19, 1997, the President issued Executive Order 13059 [set

out below] consolidating and clarifying the previous orders.

Because the actions and policies of the Government of Iran

continue to pose an unusual and extraordinary threat to the

national security, foreign policy, and economy of the United

States, the national emergency declared on March 15, 1995, must

continue in effect beyond March 15, 2003. Therefore, in accordance

with section 202(d) of the National Emergencies Act (50 U.S.C.

1622(d)), I am continuing for 1 year the national emergency with

respect to Iran. Because the emergency declared by Executive Order

12957 constitutes an emergency separate from that declared on

November 14, 1979, by Executive Order 12170 [set out above], this

renewal is distinct from the emergency renewal of November 2002.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12957 were contained in the following:

Notice of President of the United States, dated Mar. 13, 2002, 67

F.R. 11553.

Notice of President of the United States, dated Mar. 13, 2001, 66

F.R. 15013.

Notice of President of the United States, dated Mar. 13, 2000, 65

F.R. 13863.

Notice of President of the United States, dated Mar. 10, 1999, 64

F.R. 12239.

Notice of President of the United States, dated Mar. 4, 1998, 63

F.R. 11099.

Notice of President of the United States, dated Mar. 5, 1997, 62

F.R. 10409.

Notice of President of the United States, dated Mar. 8, 1996, 61

F.R. 9897.

EX. ORD. NO. 12959. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT

TO IRAN

Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex.

Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533, provided:

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 505 of the International Security and Development

Cooperation Act of 1985 (22 U.S.C. 2349aa-9) (ISDCA), and section

301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

in order to take steps with respect to Iran in addition to those

set forth in Executive Order No. 12957 of March 15, 1995 [set out

above], to deal with the unusual and extraordinary threat to the

national security, foreign policy, and economy of the United States

referred to in that order, hereby order:

Section 1. The following are prohibited, except to the extent

provided 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:

[(a) to (d) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997,

62 F.R. 44533, set out below.]

(e) any new investment by a United States person in Iran or in

property (including entities) owned or controlled by the Government

of Iran;

[(f) Revoked by Ex. Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62

F.R. 44533, set out below.]

(g) any transaction by any United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order.

Sec. 2. 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, 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 (including foreign branches), or any person in

the United States;

(d) the term "Iran" means the territory of Iran and any other

territory or marine area, including the exclusive economic zone and

continental shelf, over which the Government of Iran claims

sovereignty, sovereign rights or jurisdiction, provided that the

Government of Iran exercises partial or total de facto control over

the area or derives a benefit from economic activity in the area

pursuant to international arrangements; and

(e) the term "new investment" means (i) a commitment or

contribution of funds or other assets, or (ii) a loan or other

extension of credit.

Sec. 3. 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, the

requirement of reports, including reports by United States persons

on oil transactions engaged in by their foreign affiliates with

Iran or the Government of Iran, and to employ all powers granted to

the President by IEEPA and ISDCA [Pub. L. 99-83, see Short Title of

1985 Amendments note set out under section 2151 of Title 22,

Foreign Relations and Intercourse] 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. 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. 4. The Secretary of the Treasury may not authorize the

exportation or reexportation to Iran, the Government of Iran, or an

entity owned or controlled by the Government of Iran of any goods,

technology, or services subject to export license application

requirements of another agency of the United States Government, if

authorization of the exportation or reexportation by that agency

would be prohibited by law.

Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of October

29, 1987 [formerly set out above], and sections 1 and 2 of

Executive Order No. 12957 of March 15, 1995 [set out above], are

hereby revoked to the extent inconsistent with this order.

Otherwise, the provisions of this order supplement the provisions

of Executive Orders No. 12613 and 12957.

Sec. 6. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 7. The measures taken pursuant to this order are in response

to actions of the Government of Iran occurring after the conclusion

of the 1981 Algiers Accords, and are intended solely as a response

to those later actions.

Sec. 8. (a) This order is effective at 12:01 a.m., eastern

daylight time, on May 7, 1995, except that (i) section 1(b), (c),

and (d) of this order shall not apply until 12:01 a.m., eastern

daylight time, on June 6, 1995, to trade transactions under

contracts in force as of the date of this order if such

transactions are authorized pursuant to Federal regulations in

force immediately prior to the date of this order ("existing trade

contracts"), and (ii) letters of credit and other financing

agreements with respect to existing trade contracts may be

performed pursuant to their terms with respect to underlying trade

transactions occurring prior to 12:01 a.m., eastern daylight time,

on June 6, 1995.

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

in the Federal Register.

William J. Clinton.

EX. ORD. NO. 12978. BLOCKING ASSETS AND PROHIBITING TRANSACTIONS

WITH SIGNIFICANT NARCOTICS TRAFFICKERS

Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by

Ex. Ord. No. 13286, Sec. 22, Feb. 28, 2003, 68 F.R. 10624,

provided:

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.), and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

find that the actions of significant foreign narcotics traffickers

centered in Colombia, and the unparalleled violence, corruption,

and harm that they cause in the United States and abroad,

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.

Section 1. Except to the extent provided in section 203(b) of

IEEPA (50 U.S.C. 1702(b)) and 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, I hereby order blocked all

property and interests in property that are or hereafter come

within the United States, or that are or hereafter come within the

possession or control of United States persons, of:

(a) the foreign persons listed in the Annex to this order;

(b) foreign persons determined by the Secretary of the Treasury,

in consultation with the Attorney General, the Secretary of

Homeland Security, and the Secretary of State:

(i) to play a significant role in international narcotics

trafficking centered in Colombia; or

(ii) materially to assist in, or provide financial or

technological support for or goods or services in support of, the

narcotics trafficking activities of persons designated in or

pursuant to this order; and

(c) persons determined by the Secretary of the Treasury, in

consultation with the Attorney General, the Secretary of Homeland

Security, and the Secretary of State, to be owned or controlled by,

or to act for or on behalf of, persons designated in or pursuant to

this order.

Sec. 2. Further, except to the extent provided in section 203(b)

of IEEPA and 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, I hereby prohibit the following:

(a) any transaction or dealing by United States persons or within

the United States in property or interests in property of the

persons designated in or pursuant to this order;

(b) any transaction by any United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order.

Sec. 3. For the purposes of this order:

(a) the term "person" means an individual or entity;

(b) the term "entity" means a partnership, association,

corporation, or other organization, group or subgroup;

(c) the term "United States person" means any United States

citizen or national, permanent resident alien, entity organized

under the laws of the United States (including foreign branches),

or any person in the United States;

(d) the term "foreign person" means any citizen or national of a

foreign state (including any such individual who is also a citizen

or national of the United States) or any entity not organized

solely under the laws of the United States or existing solely in

the United States, but does not include a foreign state; and

(e) the term "narcotics trafficking" means any activity

undertaken illicitly to cultivate, produce, manufacture,

distribute, sell, finance or transport, or otherwise assist, abet,

conspire, or collude with others in illicit activities relating to,

narcotic drugs, including, but not limited to, cocaine.

Sec. 4. The Secretary of the Treasury, in consultation with the

Attorney General, the Secretary of Homeland Security, and 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 this order. The Secretary of the Treasury may redelegate

any of these functions to other officers and agencies of the United

States Government. All agencies of the United States Government are

hereby directed to take all appropriate measures within their

authority to carry out this order.

Sec. 5. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m. Eastern

Daylight Time on October 22, 1995.

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

in the Federal Register.

ANNEX

Gilberto Rodriguez Orejuela

Miguel Angel Rodriguez Orejuela

Jose&233; Santacruz London&241;o

Helmer Herrera Buitrago

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 12978

Notice of President of the United States, dated Oct. 16, 2002, 67

F.R. 64307, provided:

On October 21, 1995, by Executive Order 12978 [set out above],

the President declared a national emergency pursuant to the

International Emergency Economic Powers Act (50 U.S.C. 1701-1706)

to deal with the unusual and extraordinary threat to the national

security, foreign policy, and economy of the United States

constituted by the actions of significant narcotics traffickers

centered in Colombia, and the unparalleled violence, corruption,

and harm such actions cause in the United States and abroad.

The order blocks all property and interests in property that are

in the United States or within the possession or control of United

States persons or foreign persons listed in an annex to the order

[see note above], as well as of foreign persons determined to play

a significant role in international narcotics trafficking centered

in Colombia. The order similarly blocks all property and interests

in property of foreign persons determined to materially assist in,

or provide financial or technological support for or goods or

services in support of, the narcotics trafficking activities of

persons designated in or pursuant to the order, or persons

determined to be owned or controlled by, or to act for or on behalf

of, persons designated in or pursuant to the order. The order also

prohibits any transaction or dealing by United States persons or

within the United States in such property or interests in property.

Because the actions of significant narcotics traffickers centered

in Colombia continue to threaten the national security, foreign

policy, and economy of the United States and to cause unparalleled

violence, corruption, and harm in the United States and abroad, the

national emergency declared on October 21, 1995, and the measures

adopted pursuant thereto to deal with that emergency, must continue

in effect beyond October 21, 2002. Therefore, in accordance with

section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),

I am continuing for 1 year the national emergency with respect to

significant narcotics traffickers centered in Colombia. This notice

shall be published in the Federal Register and transmitted to the

Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 12978 were contained in the following:

Notice of President of the United States, dated Oct. 16, 2001, 66

F.R. 53073.

Notice of President of the United States, dated Oct. 19, 2000, 65

F.R. 63193.

Notice of President of the United States, dated Oct. 19, 1999, 64

F.R. 56667.

Notice of President of the United States, dated Oct. 19, 1998, 63

F.R. 56079.

Notice of President of the United States, dated Oct. 17, 1997, 62

F.R. 54561.

Notice of President of the United States, dated Oct. 16, 1996, 61

F.R. 54531.

EX. ORD. NO. 13047. PROHIBITING NEW INVESTMENT IN BURMA

Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 570

of the Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 1997 (Public Law 104-208) (the "Act") [110

Stat. 3009-166], 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.), and section 301 of title 3 of the United

States Code;

I, WILLIAM J. CLINTON, President of the United States of America,

hereby determine and certify that, for purposes of section 570(b)

of the Act, the Government of Burma has committed large-scale

repression of the democratic opposition in Burma after September

30, 1996, and further determine 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 and declare a national emergency to deal with that threat.

Section 1. Except to the extent provided in regulations, orders,

directives, or licenses that may be issued in conformity with

section 570 of the Act and pursuant to this order, I hereby

prohibit new investment in Burma by United States persons.

Sec. 2. The following are also prohibited, except to the extent

provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) or in

regulations, orders, directives, or licenses that may be issued

pursuant to this order:

(a) any approval or other facilitation by a United States person,

wherever located, of a transaction by a foreign person where the

transaction would constitute new investment in Burma prohibited by

this order if engaged in by a United States person or within the

United States; and

(b) any transaction by a United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order.

Sec. 3. Nothing in this order shall be construed to prohibit the

entry into, performance of, or financing of a contract to sell or

purchase goods, services, or technology, except:

(a) where the entry into such contract on or after the effective

date of this order is for the general supervision and guarantee of

another person's performance of a contract for the economic

development of resources located in Burma; or

(b) where such contract provides for payment, in whole or in

part, in:

(i) shares of ownership, including an equity interest, in the

economic development of resources located in Burma; or

(ii) participation in royalties, earnings, or profits in the

economic development of resources located in Burma.

Sec. 4. 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, or other organization;

(c) the term "United States person" means any United States

citizen, permanent resident alien, juridical person organized under

the laws of the United States (including foreign branches), or any

person in the United States;

(d) the term "new investment" means any of the following

activities, if such an activity is undertaken pursuant to an

agreement, or pursuant to the exercise of rights under such an

agreement, that is entered into with the Government of Burma or a

nongovernmental entity in Burma on or after the effective date of

this order:

(i) the entry into a contract that includes the economic

development of resources located in Burma;

(ii) the entry into a contract providing for the general

supervision and guarantee of another person's performance of a

contract that includes the economic development of resources

located in Burma;

(iii) the purchase of a share of ownership, including an equity

interest, in the economic development of resources located in

Burma; or

(iv) the entry into a contract providing for the participation in

royalties, earnings, or profits in the economic development of

resources located in Burma, without regard to the form of the

participation;

(e) the term "resources located in Burma" means any resources,

including natural, agricultural, commercial, financial, industrial,

and human resources, located within the territory of Burma,

including the territorial sea, or located within the exclusive

economic zone or continental shelf of Burma;

(f) the term "economic development of resources located in Burma"

shall not be construed to include not-for-profit educational,

health, or other humanitarian programs or activities.

Sec. 5. I hereby delegate to the Secretary of State the functions

vested in me under section 570(c) and (d) of the Act, to be

exercised in consultation with the heads of other agencies of the

United States Government as appropriate.

Sec. 6. 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 me by section 570(b) of the Act and by IEEPA,

as may be necessary to carry out the purposes of this order. The

Secretary of the Treasury may redelegate the authority set forth in

this order to other officers and agencies of the United States

Government. 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. 7. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 8. (a) This order shall take effect at 12:01 a.m., eastern

daylight time, May 21, 1997.

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

in the Federal Register.

William J. Clinton.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13047

Notice of President of the United States, dated May 16, 2002, 67

F.R. 35423, provided:

On May 20, 1997, the President issued Executive Order 13047 [set

out above], certifying to the Congress under section 570(b) of the

Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 1997 (Public Law 104-208 [110 Stat. 3009-166])

that the Government of Burma had committed large-scale repression

of the democratic opposition in Burma after September 30, 1996,

thereby invoking the prohibition on new investment in Burma by

United States persons contained in that section. The President also

declared a national emergency to deal with the threat posed to the

national security and foreign policy of the United States by the

actions and policies of the Government of Burma, invoking the

authority, inter alia, of the International Emergency Economic

Powers Act, 50 U.S.C. 1703(c).

Because actions and policies of the Government of Burma continue

to pose an unusual and extraordinary threat to the national

security and foreign policy of the United States, the national

emergency declared on May 20, 1997, and the measures adopted on

that date to deal with that emergency must continue in effect

beyond May 20, 2002. Therefore, in accordance with section 202(d)

of the National Emergencies Act (50 U.S.C. 1622(d)), I am

continuing for 1 year the national emergency with respect to Burma.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 13047 were contained in the following:

Notice of President of the United States, dated May 15, 2001, 66

F.R. 27443.

Notice of President of the United States, dated May 18, 2000, 65

F.R. 32005.

Notice of President of the United States, dated May 18, 1999, 64

F.R. 27443.

Notice of President of the United States, dated May 18, 1998, 63

F.R. 27661.

EX. ORD. NO. 13059. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT

TO IRAN

Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531, provided:

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 505 of the International Security and Development

Cooperation Act of 1985 (22 U.S.C. 2349aa-9) ("ISDCA"), and section

301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

in order to clarify the steps taken in Executive Orders 12957 of

March 15, 1995, and 12959 of May 6, 1995 [set out above], to deal

with the unusual and extraordinary threat to the national security,

foreign policy, and economy of the United States declared in

Executive Order 12957 in response to the actions and policies of

the Government of Iran, hereby order:

Section 1. Except to the extent provided in section 3 of this

order or in regulations, orders, directives, or licenses 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, the importation into the United States of any goods

or services of Iranian origin or owned or controlled by the

Government of Iran, other than information or informational

materials within the meaning of section 203(b)(3) of IEEPA (50

U.S.C. 1702(b)(3)), is hereby prohibited.

Sec. 2. Except to the extent provided in section 3 of this order,

in section 203(b) of IEEPA (50 U.S.C. 1702(b)), or in regulations,

orders, directives, or licenses 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, the following

are prohibited:

(a) the exportation, reexportation, sale, or supply, directly or

indirectly, from the United States, or by a United States person,

wherever located, of any goods, technology, or services to Iran or

the Government of Iran, including the exportation, reexportation,

sale, or supply of any goods, technology, or services to a person

in a third country undertaken with knowledge or reason to know

that:

(i) such goods, technology, or services are intended specifically

for supply, transshipment, or reexportation, directly or

indirectly, to Iran or the Government of Iran; or

(ii) such goods, technology, or services are intended

specifically for use in the production of, for commingling with, or

for incorporation into goods, technology, or services to be

directly or indirectly supplied, transshipped, or reexported

exclusively or predominantly to Iran or the Government of Iran;

(b) the reexportation from a third country, directly or

indirectly, by a person other than a United States person of any

goods, technology, or services that have been exported from the

United States, if:

(i) undertaken with knowledge or reason to know that the

reexportation is intended specifically for Iran or the Government

of Iran, and

(ii) the exportation of such goods, technology, or services to

Iran from the United States was subject to export license

application requirements under any United States regulations in

effect on May 6, 1995, or thereafter is made subject to such

requirements imposed independently of the actions taken pursuant to

the national emergency declared in Executive Order 12957; provided,

however, that this prohibition shall not apply to those goods or

that technology subject to export license application requirements

if such goods or technology have been:

(A) substantially transformed into a foreign-made product outside

the United States; or

(B) incorporated into a foreign-made product outside the United

States if the aggregate value of such controlled United States

goods and technology constitutes less than 10 percent of the total

value of the foreign-made product to be exported from a third

country;

(c) any new investment by a United States person in Iran or in

property, including entities, owned or controlled by the Government

of Iran;

(d) any transaction or dealing by a United States person,

wherever located, including purchasing, selling, transporting,

swapping, brokering, approving, financing, facilitating, or

guaranteeing, in or related to:

(i) goods or services of Iranian origin or owned or controlled by

the Government of Iran; or

(ii) goods, technology, or services for exportation,

reexportation, sale, or supply, directly or indirectly, to Iran or

the Government of Iran;

(e) any approval, financing, facilitation, or guarantee by a

United States person, wherever located, of a transaction by a

foreign person where the transaction by that foreign person would

be prohibited by this order if performed by a United States person

or within the United States; and

(f) any transaction by a United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order.

Sec. 3. Specific licenses issued pursuant to Executive Orders

12613 (of October 29, 1987) [formerly set out above], 12957, or

12959 continue in effect in accordance with their terms except to

the extent revoked, amended, or modified by the Secretary of the

Treasury. General licenses, regulations, orders, and directives

issued pursuant to those orders continue in effect in accordance

with their terms except to the extent inconsistent with this order

or to the extent revoked, amended, or modified by the Secretary of

the Treasury.

Sec. 4. 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, 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 (including foreign branches), or any person in

the United States;

(d) the term "Iran" means the territory of Iran and any other

territory or marine area, including the exclusive economic zone and

continental shelf, over which the Government of Iran claims

sovereignty, sovereign rights, or jurisdiction, provided that the

Government of Iran exercises partial or total de facto control over

the area or derives a benefit from economic activity in the area

pursuant to international arrangements;

(e) the term "Government of Iran" includes the Government of

Iran, any political subdivision, agency, or instrumentality

thereof, and any person owned or controlled by, or acting for or on

behalf of, the Government of Iran;

(f) the term "new investment" means:

(i) a commitment or contribution of funds or other assets; or

(ii) a loan or other extension of credit, made after the

effective date of Executive Order 12957 [Mar. 16, 1995] as to

transactions prohibited by that order, or otherwise made after the

effective date of Executive Order 12959 [see Ex. Ord. No. 12959,

Sec. 8(a), set out above].

Sec. 5. The Secretary of the Treasury, in consultation with the

Secretary of State and, as appropriate, other agencies, is hereby

authorized to take such actions, including the promulgation of

rules and regulations, the requirement of reports, including

reports by United States persons on oil and related transactions

engaged in by their foreign affiliates with Iran or the Government

of Iran, and to employ all powers granted to me by IEEPA and the

ISDCA 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. 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. 6. (a) The Secretary of the Treasury may authorize the

exportation or reexportation to Iran or the Government of Iran of

any goods, technology, or services also subject to export license

application requirements of another agency of the United States

Government only if authorization by that agency of the exportation

or reexportation to Iran would be permitted by law.

(b) Nothing contained in this order shall be construed to

supersede the requirements established under any other provision of

law or to relieve a person from any requirement to obtain a license

or other authorization from another department or agency of the

United States Government in compliance with applicable laws and

regulations subject to the jurisdiction of that department or

agency.

Sec. 7. The provisions of this order consolidate the provisions

of Executive Orders 12613, 12957, and 12959. Executive Order 12613

and subsections (a), (b), (c), (d), and (f) of section 1 of

Executive Order 12959 are hereby revoked with respect to

transactions occurring after the effective date of this order. The

revocation of those provisions shall not alter their applicability

to any transaction or violation occurring before the effective date

of this order, nor shall it affect the applicability of any rule,

regulation, order, license, or other form of administrative action

previously taken pursuant to Executive Orders 12613 or 12959.

Sec. 8. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 9. The measures taken pursuant to this order are in response

to actions of the Government of Iran occurring after the conclusion

of the 1981 Algiers Accords, and are intended solely as a response

to those later actions.

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

daylight time on August 20, 1997.

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

in the Federal Register.

William J. Clinton.

EX. ORD. NO. 13067. BLOCKING SUDANESE GOVERNMENT PROPERTY AND

PROHIBITING TRANSACTIONS WITH SUDAN

Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, provided:

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.), and section 301 of title 3, United States Code;

I, WILLIAM J. CLINTON, President of the United States of America,

find that the policies and actions of the Government of Sudan,

including continued support for international terrorism; ongoing

efforts to destabilize neighboring governments; and the prevalence

of human rights violations, including slavery and the denial of

religious freedom, constitute an unusual and extraordinary threat

to the national security and foreign policy of the United States,

and hereby declare a national emergency to deal with that threat. I

hereby order:

Section 1. Except to the extent provided in section 203(b) of

IEEPA (50 U.S.C. 1702(b)) and in regulations, orders, directives,

or licenses that may be issued pursuant to this order, all property

and interests in property of the Government of Sudan that are in

the United States, that hereafter come within the United States, or

that hereafter come within the possession or control of United

States persons, including their overseas branches, are blocked.

Sec. 2. The following are prohibited, except to the extent

provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) and in

regulations, orders, directives, or licenses that may be issued

pursuant to this order:

(a) the importation into the United States of any goods or

services of Sudanese origin, other than information or

informational materials;

(b) the exportation or reexportation, directly or indirectly, to

Sudan of any goods, technology (including technical data, software,

or other information), or services from the United States or by a

United States person, wherever located, or requiring the issuance

of a license by a Federal agency, except for donations of articles

intended to relieve human suffering, such as food, clothing, and

medicine;

(c) the facilitation by a United States person, including but not

limited to brokering activities, of the exportation or

reexportation of goods, technology, or services from Sudan to any

destination, or to Sudan from any location;

(d) the performance by any United States person of any contract,

including a financing contract, in support of an industrial,

commercial, public utility, or governmental project in Sudan;

(e) the grant or extension of credits or loans by any United

States person to the Government of Sudan;

(f) any transaction by a United States person relating to

transportation of cargo to or from Sudan; the provision of

transportation of cargo to or from the United States by any

Sudanese person or any vessel or aircraft of Sudanese registration;

or the sale in the United States by any person holding authority

under subtitle 7 of title 49, United States Code, of any

transportation of cargo by air that includes any stop in Sudan; and

(g) any transaction by any United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order.

Sec. 3. Nothing in this order shall prohibit:

(a) transactions for the conduct of the official business of the

Federal Government or the United Nations by employees thereof; or

(b) transactions in Sudan for journalistic activity by persons

regularly employed in such capacity by a news-gathering

organization.

Sec. 4. 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, 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 (including foreign branches), or any person in

the United States; and

(d) the term "Government of Sudan" includes the Government of

Sudan, its agencies, instrumentalities and controlled entities, and

the Central Bank of Sudan.

Sec. 5. The Secretary of the Treasury, in consultation with the

Secretary of State and, as appropriate, other agencies, is hereby

authorized to take such actions, including the promulgation of

rules and regulations, and to employ all powers granted to me 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. 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. 6. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 7. (a) This order shall take effect at 12:01 a.m. eastern

standard time on November 4, 1997, except that trade transactions

under contracts in force as of the effective date of this order may

be performed pursuant to their terms through 12:01 a.m. eastern

standard time on December 4, 1997, and letters of credit and other

financing agreements for such underlying trade transactions may be

performed pursuant to their terms.

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

in the Federal Register.

William J. Clinton.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13067

Notice of President of the United States, dated Oct. 29, 2002, 67

F.R. 66525, provided:

On November 3, 1997, by Executive Order 13067 [set out above],

the President declared a national emergency with respect to Sudan

pursuant to the International Emergency Economic Powers Act (50

U.S.C. 1701-1706) to deal with the unusual and extraordinary threat

to the national security and foreign policy of the United States

constituted by the actions and policies of the Government of Sudan,

including continuing concern about the presence and activities of

certain terrorist groups, including Hamas and Palestinian Islamic

Jihad, and the prevalence of human rights violations, including

slavery, restrictions on religious freedom, and restrictions on

political freedom. Because the actions and policies of the

Government of Sudan continue to pose an unusual and extraordinary

threat to the national security and foreign policy of the United

States, the national emergency declared on November 3, 1997, and

the measures adopted on that date to deal with that emergency must

continue in effect beyond November 3, 2002. Therefore, in

accordance with section 202(d) of the National Emergencies Act (50

U.S.C. 1622(d)), I am continuing for 1 year the national emergency

with respect to Sudan.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuations of national emergency declared by Ex. Ord.

No. 13067 were contained in the following:

Notice of President of the United States, dated Oct. 31, 2001, 66

F.R. 55869.

Notice of President of the United States, dated Oct. 31, 2000, 65

F.R. 66163.

Notice of President of the United States, dated Oct. 29, 1999, 64

F.R. 59105.

Notice of President of the United States, dated Oct. 27, 1998, 63

F.R. 58617.

EX. ORD. NO. 13069. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT

TO UNITA

Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, provided:

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 5 of the United Nations Participation Act of 1945,

as amended (22 U.S.C. 287c)(UNPA), and section 301 of title 3,

United States Code, in view of United Nations Security Council

Resolution 1127 of August 28, 1997, and 1130 of September 29, 1997,

and in order to take additional steps with respect to the actions

and policies of the National Union for the Total Independence of

Angola (UNITA) and the national emergency declared in Executive

Order 12865 [set out above], I, WILLIAM J. CLINTON, President of

the United States of America, hereby order:

Section 1. Except to the extent provided in regulations, orders,

directives, or licenses issued pursuant to this order, and

notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract

entered into or any license or permit granted prior to the

effective date of this order, all UNITA offices located in the

United States shall be immediately and completely closed.

Sec. 2. Except to the extent provided in regulations, orders,

directives, or licenses issued pursuant to this order, and

notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract

entered into or any license or permit granted prior to the

effective date of this order, the following are prohibited:

(a) the sale, supply, or making available in any form, by United

States persons or from the United States or using U.S.-registered

vessels or aircraft, of any aircraft or aircraft components,

regardless of origin:

(i) to UNITA; or

(ii) to the territory of Angola other than through a point of

entry specified pursuant to section 4 of this order;

(b) the insurance, engineering, or servicing by United States

persons or from the United States of any aircraft owned or

controlled by UNITA;

(c) the granting of permission to any aircraft to take off from,

land in, or overfly the United States if the aircraft, as part of

the same flight or as a continuation of that flight, is destined to

land in or has taken off from a place in the territory of Angola

other than one specified pursuant to section 4 of this order;

(d) the provision or making available by United States persons or

from the United States of engineering and maintenance servicing,

the certification of airworthiness, the payment of new claims

against existing insurance contracts, or the provision, renewal, or

making available of direct insurance with respect to:

(i) any aircraft registered in Angola other than those specified

pursuant to section 4 of this order; or

(ii) any aircraft that entered the territory of Angola other than

through a point of entry specified pursuant to section 4 of this

order;

(e) any transaction by any United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order.

Sec. 3. 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, 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 (including foreign branches), or any person in

the United States;

(d) the term "UNITA" includes:

(i) the Uniao Nacional para a Independencia Total de Angola

(UNITA), known in English as the "National Union for the Total

Independence of Angola;"

(ii) the Forcas Armadas para a Liberacao de Angola (FALA), known

in English as the "Armed Forces for the Liberation of Angola;" and

(iii) any person acting or purporting to act for or on behalf of

any of the foregoing, including the Center for Democracy in Angola

(CEDA).

Sec. 4. The Secretary of the Treasury, in consultation with the

Secretary of State and, as appropriate, other agencies, is hereby

authorized to take such actions, including the specification of

places, points of entry, and aircraft registered in Angola for

purposes of section 2(a), (c), and (d) of this order, the

authorization in appropriate cases of medical emergency flights or

flights of aircraft carrying food, medicine, or supplies for

essential humanitarian needs, and the promulgation of rules and

regulations, and to employ all powers granted to the President by

IEEPA and UNPA [22 U.S.C. 287 et seq.] 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. 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,

including suspension or termination of licenses or other

authorizations in effect as of the effective date of this order.

Sec. 5. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m. eastern

standard time on December 15, 1997.

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

in the Federal Register.

William J. Clinton.

EX. ORD. NO. 13088. BLOCKING PROPERTY OF THE GOVERNMENTS OF THE

FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO), THE

REPUBLIC OF SERBIA, AND THE REPUBLIC OF MONTENEGRO, AND PROHIBITING

NEW INVESTMENT IN THE REPUBLIC OF SERBIA IN RESPONSE TO THE

SITUATION IN KOSOVO

Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by

Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999;

Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19,

2001, provided:

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 (IEEPA) (50 U.S.C. 1701

et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

and section 301 of title 3, United States Code,

I, WILLIAM J. CLINTON, President of the United States of America,

find that the actions and policies of the Governments of the

Federal Republic of Yugoslavia (Serbia and Montenegro) and the

Republic of Serbia with respect to Kosovo, by promoting ethnic

conflict and human suffering, threaten to destabilize countries of

the region and to disrupt progress in Bosnia and Herzegovina in

implementing the Dayton peace agreement, and therefore constitute

an unusual and extraordinary threat to the national security and

foreign policy of the United States, and hereby declare a national

emergency to deal with that threat.

I hereby order:

Section 1. (a) Except to the extent provided in section 203(b) of

IEEPA (50 U.5.C. 1702(b)), and in regulations, orders, directives,

or licenses that may hereafter be issued pursuant to this order,

and notwithstanding any contract entered into or any license or

permit granted prior to the effective date, I hereby order blocked

all property and interests in property that are or hereafter come

within the United States or that are or hereafter come within the

possession or control of United States persons, of:

(i) any person listed in the Annex to this order [Ex. Ord. No.

13088 does not contain an Annex, however, Ex. Ord. No. 13192 does

contain an Annex which is not set out under this section. See 66

F.R. 7382.]; and

(ii) any person determined by the Secretary of the Treasury, in

consultation with the Secretary of State:

(A) to be under open indictment by the International Criminal

Tribunal for the former Yugoslavia, subject to applicable laws and

procedures;

(B) to have sought, or to be seeking, through repressive measures

or otherwise, to maintain or reestablish illegitimate control over

the political processes or institutions or the economic resources

or enterprises of the Federal Republic of Yugoslavia, the Republic

of Serbia, the Republic of Montenegro, or the territory of Kosovo;

(C) to have provided material support or resources to any person

designated in or pursuant to section 1(a) of this order; or

(D) to be owned or controlled by or acting or purporting to act

directly or indirectly for or on behalf of any person designated in

or pursuant to section 1(a) of this order.

(b) All property and interests in property blocked pursuant to

this order prior to 12:01 a.m., eastern standard time, on January

19, 2001, shall remain blocked except as otherwise authorized by

the Secretary of the Treasury.

Sec. 2. Further, except to the extent provided in section 203(b)

of IEEPA (50 U.S.C. 1702(b)), and in regulations, orders,

directives, or licenses that may hereafter be issued pursuant to

this order, and notwithstanding any contract entered into or any

license or permit granted prior to the effective date, I hereby

prohibit any transaction or dealing by a United States person or

within the United States in property or interests in property of

any person designated in or pursuant to section 1(a) of this order.

Sec. 3. Any transaction by a United States person that evades or

avoids, or has the purpose of evading or avoiding, or attempts to

violate, any of the prohibitions set forth in this order is

prohibited. Any conspiracy formed to violate the prohibitions of

this order is prohibited.

Sec. 4. 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 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. 5. 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 me by IEEPA and UNPA [United Nations

Participation Act of 1945, 22 U.S.C. 287 et seq.], 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. All agencies

of the United States Government are hereby directed to take all

appropriate measures within their statutory authority to carry out

the provisions of this order.

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

Secretary of State, is hereby authorized to remove any person from

the Annex to this order [Ex. Ord. No. 13088 does not contain an

Annex, however, Ex. Ord. No. 13192 does contain an Annex which is

not set out under this section. See 66 F.R. 7382.] as circumstances

warrant.

Sec. 7. [Revoked by Ex. Ord. No. 13192, Sec. 1(h), Jan. 17, 2001,

66 F.R. 7381, eff. Jan. 19, 2001.]

Sec. 8. Nothing contained in this order shall confer any

substantive or procedural right or privilege on any person or

organization, enforceable against the United States, its agencies

or its officers.

Sec. 9. (a) This order is effective at 12:01 a.m. eastern

daylight time on June 10, 1998.

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

in the Federal Register.

William J. Clinton.

CONTINUATIONS OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13088

Continuations of national emergency declared by Ex. Ord. No.

13088 were contained in the following Presidential documents, set

out above:

Notice of President of the United States, dated May 27, 2002, 67

F.R. 37661.

Notice of President of the United States, dated May 24, 2001, 66

F.R. 29007.

Notice of President of the United States, dated May 25, 2000, 65

F.R. 34379.

Notice of President of the United States, dated May 27, 1999, 64

F.R. 29205.

EX. ORD. NO. 13098. BLOCKING PROPERTY OF UNITA AND PROHIBITING

CERTAIN TRANSACTIONS WITH RESPECT TO UNITA

Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, provided:

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 5 of the United Nations Participation Act of 1945,

as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,

United States Code, in view of United Nations Security Council

Resolutions 1173 of June 12, 1998, and 1176 of June 24, 1998, and

in order to take additional steps with respect to the actions and

policies of the National Union for the Total Independence of Angola

(UNITA) and the national emergency declared in Executive Order

12865 [set out above], I, WILLIAM J. CLINTON, President of the

United States of America, hereby order:

Section 1. Except to the extent provided in regulations, orders,

directives, or licenses issued pursuant to this order, and

notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract

entered into or any license or permit granted prior to the

effective date of this order, 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 United States persons, of UNITA, or of

those senior officials of UNITA, or adult members of their

immediate families, who are designated pursuant to section 5 of

this order, are hereby blocked.

Sec. 2. Except to the extent provided in regulations, orders,

directives, or licenses issued pursuant to this order, and

notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract

entered into or any license or permit granted prior to the

effective date of this order, the following are prohibited:

(a) the direct or indirect importation into the United States of

all diamonds exported from Angola on or after the effective date of

this order that are not controlled through the Certificate of

Origin regime of the Angolan Government of Unity and National

Reconciliation;

(b) the sale or supply by United States persons or from the

United States or using U.S.-registered vessels or aircraft, of

equipment used in mining, regardless of origin, to the territory of

Angola other than through a point of entry designated pursuant to

section 5 of this order;

(c) the sale or supply by United States persons or from the

United States or using U.S.-registered vessels or aircraft, of

motorized vehicles, watercraft, or spare parts for the foregoing,

regardless of origin, to the territory of Angola other than through

a point of entry designated pursuant to section 5 of this order;

and

(d) the sale or supply by United States persons or from the

United States or using U.S.-registered vessels or aircraft, of

mining services or ground or waterborne transportation services,

regardless of origin, to persons in areas of Angola to which State

administration has not been extended, as designated pursuant to

section 5 of this order.

Sec. 3. Any transaction by a United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order is prohibited.

Sec. 4. 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, 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 (including foreign branches), or any person in

the United States;

(d) the term "UNITA" includes:

(i) the Uniao Nacional para a Independencia Total de Angola

(UNITA), known in English as the "National Union for the Total

Independence of Angola;"

(ii) the Forcas Armadas para a Liberacao de Angola (FALA), known

in English as the "Armed Forces for the Liberation of Angola;" and

(iii) any person acting or purporting to act for or on behalf of

any of the foregoing, including the Center for Democracy in Angola

(CEDA);

(e) the term "controlled through the Certificate of Origin regime

of the Angolan Government of Unity and National Reconciliation"

means accompanied by any documentation that demonstrates to the

satisfaction of the United States Customs Service that the diamonds

were legally exported from Angola with the approval of the Angolan

Government of Unity and National Reconciliation.

Sec. 5. The Secretary of the Treasury, in consultation with the

Secretary of State, is hereby authorized to take such actions,

including designating senior officials of UNITA and adult members

of their immediate families for purposes of section 1 of this

order, designating points of entry in Angola and areas of Angola to

which State administration has not been extended for purposes of

section 2 of this order, establishing exemptions from the

prohibitions set forth in this order for medical and humanitarian

purposes, and promulgating rules and regulations, and to employ all

powers granted to the President by IEEPA and UNPA, 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. 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, including suspension or termination of

licenses or other authorizations in effect as of the effective date

of this order.

Sec. 6. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 7. (a) This order is effective at 12:01 a.m., eastern

daylight time on August 19, 1998.

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

in the Federal Register.

William J. Clinton.

EXECUTIVE ORDER NO. 13129

Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, which blocked

property and prohibited transactions with the Taliban in

Afghanistan, was revoked by Ex. Ord. No. 13268, July 2, 2002, 67

F.R. 44751, set out below.

Continuations of national emergency declared by Ex. Ord. No.

13129 were contained in the following:

Notice of President of the United States, dated June 30, 2001, 66

F.R. 35363.

Notice of President of the United States, dated June 30, 2000, 65

F.R. 41549.

EX. ORD. NO. 13159. BLOCKING PROPERTY OF THE GOVERNMENT OF THE

RUSSIAN FEDERATION RELATING TO THE DISPOSITION OF HIGHLY ENRICHED

URANIUM EXTRACTED FROM NUCLEAR WEAPONS

Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279, provided:

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 (IEEPA) (50 U.S.C. 1701

et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.),

and section 301 of title 3, United States Code.

I, WILLIAM J. CLINTON, President of the United States of America,

in view of the policies underlying Executive Order 12938 of

November 14, 1994 [set out above], and Executive Order 13085 of May

26, 1998 [42 U.S.C. 2297h note], find that the risk of nuclear

proliferation created by the accumulation of a large volume of

weapons-usable fissile material in the territory of the Russian

Federation constitutes an unusual and extraordinary threat to the

national security and foreign policy of the United States, and

hereby declare a national emergency to deal with that threat.

I hereby order:

Section 1. A major national security goal of the United States is

to ensure that fissile material removed from Russian nuclear

weapons pursuant to various arms control and disarmament agreements

is dedicated to peaceful uses, subject to transparency measures,

and protected from diversion to activities of proliferation

concern. As reflected in Executive Order 13085, the full

implementation of the Agreement Between the Government of the

United States of America and the Government of the Russian

Federation Concerning the Disposition of Highly Enriched Uranium

Extracted from Nuclear Weapons, dated February 18, 1993, and

related contracts and agreements (collectively, the "HEU

Agreements") is essential to the attainment of this goal. The HEU

Agreements provide for the conversion of approximately 500 metric

tons of highly enriched uranium contained in Russian nuclear

weapons into low-enriched uranium for use as fuel in commercial

nuclear reactors. In furtherance of our national security goals,

all heads of departments and agencies of the United States

Government shall continue to take all appropriate measures within

their authority to further the full implementation of the HEU

Agreements.

Sec. 2. Government of the Russian Federation assets directly

related to the implementation of the HEU Agreements currently may

be subject to attachment, judgment, decree, lien, execution,

garnishment, or other judicial process, thereby jeopardizing the

full implementation of the HEU Agreements to the detriment of U.S.

foreign policy. In order to ensure the preservation and proper and

complete transfer to the Government of the Russian Federation of

all payments due to it under the HEU Agreements, and except to the

extent provided in regulations, orders, directives, or licenses

that may hereafter be issued pursuant to this order, all property

and interests in property of the Government of the Russian

Federation directly related to the implementation of the HEU

Agreements 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 hereby blocked and may not be transferred,

paid, exported, withdrawn, or otherwise dealt in. Unless licensed

or authorized pursuant to this order, any attachment, judgment,

decree, lien, execution, garnishment, or other judicial process is

null and void with respect to any property or interest in property

blocked pursuant to this order.

Sec. 3. 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, or other organization;

(c) The term "United States person" means any United States

citizen; permanent resident alien; juridical person 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; and

(d) The term "Government of the Russian Federation" means the

Government of the Russian Federation, any political subdivision,

agency, or instrumentality thereof, and any person owned or

controlled by, or acting for or on behalf of, the Government of the

Russian Federation.

Sec. 4. (a) The Secretary of the Treasury, in consultation with

the Secretary of State, the Secretary of Energy, and, as

appropriate, other agencies, is hereby authorized to take such

actions, including the promulgation of rules and regulations, and

to employ all powers granted to me 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. All agencies of the

United States Government are hereby directed to take all

appropriate measures within their statutory authority to carry out

the provisions of this order.

(b) Nothing contained in this order shall relieve a person from

any requirement to obtain a license or other authorization from any

department or agency of the United States Government in compliance

with applicable laws and regulations subject to the jurisdiction of

the department or agency.

Sec. 5. This order is not intended to create, nor does it create,

any right, benefit, or privilege, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, officers, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m. eastern

daylight time on June 22, 2000.

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

in the Federal Register.

William J. Clinton.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13159

Notice of President of the United States, dated June 18, 2002, 67

F.R. 42181, provided:

On June 21, 2000, the President issued Executive Order 13159 [set

out above] (the "Order") blocking property and interests in

property of the Government of the Russian Federation that are in

the United States, that hereafter come within the United States, or

that are or hereinafter come within the possession or control of

United States persons that are directly related to the

implementation of the Agreement Between the Government of the

United States of America and the Government of the Russian

Federation Concerning the Disposition of Highly Enriched Uranium

Extracted from Nuclear Weapons, dated February 18, 1993, and

related contracts and agreements (collectively, the "HEU

Agreements"). The HEU Agreements allow for the downblending of

highly enriched uranium derived from nuclear weapons to low

enriched uranium for peaceful commercial purposes. The Order

invoked the authority, inter alia, of the International Emergency

Economic Powers Act, 50 U.S.C. 1701 et seq., and declared a

national emergency to deal with the unusual and extraordinary

threat to the national security and foreign policy of the United

States posed by the risk of nuclear proliferation created by the

accumulation of a large volume of weapons-usable fissile material

in the territory of the Russian Federation.

A major national security goal of the United States is to ensure

that fissile material removed from Russian nuclear weapons pursuant

to various arms control and disarmament agreements is dedicated to

peaceful uses (such as downblended to low enriched uranium for

peaceful commercial uses), subject to transparency measures, and

protected from diversion to activities of proliferation concern.

Pursuant to the HEU Agreements, weapons-grade uranium extracted

from Russian nuclear weapons is converted to low enriched uranium

for use as fuel in commercial nuclear reactors. The Order blocks

and protects from attachment, judgment, decree, lien, execution,

garnishment, or other judicial process the property and interests

in property of the Government of the Russian Federation that are

directly related to the implementation of the HEU Agreements and

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.

The national emergency declared on June 21, 2000, must continue

beyond June 21, 2002, to provide continued protection from

attachment, judgment, decree, lien, execution, garnishment, or

other judicial process for the property and interests in property

of the Government of the Russian Federation that are directly

related to the implementation of the HEU Agreements and subject to

U.S. jurisdiction. Therefore, in accordance with section 202(d) of

the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing

for 1 year the national emergency with respect to weapons-usable

fissile material in the territory of the Russian Federation. This

notice shall be published in the Federal Register and transmitted

to the Congress.

George W. Bush.

Prior continuation of national emergency declared by Ex. Ord. No.

13159 was contained in the following:

Notice of President of the United States, dated June 11, 2001, 66

F.R. 32207.

EX. ORD. NO. 13194. PROHIBITING THE IMPORTATION OF ROUGH DIAMONDS

FROM SIERRA LEONE

Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, provided:

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 5 of the United Nations Participation Act of 1945,

as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,

United States Code, and in view of United Nations Security Council

Resolution 1306 of July 5, 2000,

I, WILLIAM J. CLINTON, President of the United States of America,

take note that the people of Sierra Leone have suffered the ravages

of a brutal civil war for nearly 10 years, and that the United

Nations Security Council has determined that the situation in

Sierra Leone constitutes a threat to international peace and

security in the region and also has expressed concerns regarding

the role played by the illicit trade in diamonds in fueling the

conflict in Sierra Leone. Sierra Leone's insurgent Revolutionary

United Front's (RUF's) illicit trade in diamonds from Sierra Leone

to fund its operations and procurement of weapons, the RUF's

flagrant violation of the Lome Peace Agreement of July 7, 1999, and

its attacks on personnel of the United Nations Mission in Sierra

Leone are direct challenges to the United States foreign policy

objectives in the region as well as a direct challenge to the

rule-based international order which is crucial to the peace and

prosperity of the United States. Therefore, I find these actions

constitute an unusual and extraordinary threat to the foreign

policy of the United States and hereby declare a national emergency

to deal with that threat. In order to implement United Nations

Security Council Resolution 1306 and to ensure that the direct or

indirect importation into the United States of rough diamonds from

Sierra Leone will not contribute financial support to aggressive

actions by the RUF or to the RUF's procurement of weapons, while at

the same time seeking to avoid undermining the legitimate diamond

trade or diminishing confidence in the integrity of the legitimate

diamond industry, I hereby order:

Section 1. Except to the extent provided in section 2 of this

order and to the extent provided in regulations, orders,

directives, or licenses issued pursuant to this order, and

notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract

entered into or any license or permit granted prior to the

effective date of this order, the direct or indirect importation

into the United States of all rough diamonds from Sierra Leone on

or after the effective date of this order is prohibited.

Sec. 2. The prohibition in section 1 of this order shall not

apply to the importation of rough diamonds controlled through the

Certificate of Origin regime of the Government of Sierra Leone.

Sec. 3. Any transaction by a United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order is prohibited.

Sec. 4. 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, 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 "rough diamond" means all unworked diamonds

classifiable in heading 7102 of the Harmonized Tariff Schedule of

the United States [see Publication of Harmonized Tariff Schedule

note set out under 19 U.S.C. 1202]; and

(e) the term "controlled through the Certificate of Origin regime

of the Government of Sierra Leone" means accompanied by a

Certificate of Origin or other documentation that demonstrates to

the satisfaction of the United States Customs Service (or analogous

officials of a United States territory or possession with its own

customs administration) that the rough diamonds were legally

exported from Sierra Leone with the approval of the Government of

Sierra Leone.

Sec. 5. 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 and UNPA, 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. 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. 6. This order is not intended to create, nor does it create,

any right, benefit, or privilege, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, officers, or any other person.

Sec. 7. This order is effective at 12:01 a.m. eastern standard

time on January 19, 2001.

William J. Clinton.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13194

Notice of President of the United States, dated Jan. 16, 2003, 68

F.R. 2677, provided:

On January 18, 2001, by Executive Order 13194 [set out above],

the President declared a national emergency with respect to Sierra

Leone pursuant to the International Emergency Economic Powers Act

(50 U.S.C. 1701-1706) to deal with the unusual and extraordinary

threat to the foreign policy of the United States constituted by

the actions and policies of the insurgent Revolutionary United

Front (RUF) in Sierra Leone and pursuant to which the United States

imposed a general ban on the direct and indirect importation of all

rough diamonds from Sierra Leone into the United States, except

those imports controlled through the Certificate of Origin regime

of the Government of Sierra Leone. On May 22, 2001, I issued

Executive Order 13213 [set out below], which expanded the scope of

the national emergency to include actions of the Government of

Liberia in support of the RUF and prohibited the importation of all

rough diamonds from Liberia.

Because the actions and policies of the RUF continue to pose an

unusual and extraordinary threat to the foreign policy of the

United States, the national emergency declared on January 18, 2001,

as expanded on May 22, 2001, and the measures adopted on those

dates to deal with that emergency must continue in effect beyond

January 18, 2003. Therefore, in accordance with section 202(d) of

the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing

for 1 year the national emergency with respect to Sierra Leone and

Liberia.

This Notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

Prior continuation of national emergency declared by Ex. Ord. No.

13194 was contained in the following:

Notice of President of the United States, dated Jan. 15, 2002, 67

F.R. 2547.

EX. ORD. NO. 13206. TERMINATION OF EMERGENCY AUTHORITY FOR CERTAIN

EXPORT CONTROLS

Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, provided:

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 Export Administration Act of 1979, as amended (50 U.S.C.

App. 2401 et seq.) (the "Act"), and section 301 of title 3, United

States Code, it is hereby ordered as follows:

Section 1. In view of the reauthorization and extension of the

Act by Public Law 106-508 [amending section 2419 of the Appendix to

this title], Executive Order 12924 of August 19, 1994, which

continued the effect of export control regulations under IEEPA, is

revoked, and the declaration of economic emergency is rescinded, as

provided in this order.

Sec. 2. The revocation of Executive Order 12924 shall not affect

any violation of any rules, regulations, orders, licenses, or other

forms of administrative action under that order that occurred

during the period the order was in effect. All rules and

regulations issued or continued in effect under the authority of

IEEPA and Executive Order 12924, including those codified at 15

C.F.R. 730-74 (2000), and all orders, regulations, licenses, and

other forms of administrative action issued, taken, or continued in

effect pursuant thereto, remain in full force and effect, as if

issued, taken, or continued in effect pursuant to and as authorized

by the Act or by other appropriate authority until amended or

revoked by the proper authority. Nothing in this order shall affect

the continued applicability of the provision for the administration

of the Act and delegations of authority set forth in Executive

Order 12002 of July 7, 1977, Executive Order 12214 of May 2, 1980

[50 App. U.S.C. 2403 notes], Executive Order 12938 of November 14,

1994, as amended [set out above], Executive Order 12981 of December

5, 1995, as amended, and Executive Order 13026 of November 15, 1996

[50 App. U.S.C. 2403 notes].

Sec. 3. All rules, regulations, orders, licenses, and other forms

of administrative action issued, taken, or continued in effect

pursuant to the authority of IEEPA and Executive Order 12924

relating to the administration of section 38(e) of the Arms Export

Control Act (22 U.S.C. 2778(e)) shall remain in full force and

effect until amended or revoked under proper authority.

George W. Bush.

EX. ORD. NO. 13213. ADDITIONAL MEASURES WITH RESPECT TO PROHIBITING

THE IMPORTATION OF ROUGH DIAMONDS FROM SIERRA LEONE

Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, provided:

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 5 of the United Nations Participation Act of 1945,

as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,

United States Code, and in view of the national emergency described

and declared in Executive Order 13194 of January 18, 2001 [set out

above], and United Nations Security Council Resolutions 1306 of

July 5, 2000, and 1343 of March 7, 2001,

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

take note that in Executive Order 13194, the President responded

to, among other things, the insurgent Revolutionary United Front's

(RUF) illicit trade in diamonds to fund its operations in the civil

war in Sierra Leone by declaring a national emergency and,

consistent with United Nations Security Council Resolution 1306, by

prohibiting the importation into the United States of all rough

diamonds from Sierra Leone except for those importations controlled

through the Certificate of Origin regime of the Government of

Sierra Leone. United Nations Security Council Resolution 1343 takes

note that the bulk of RUF diamonds leaves Sierra Leone through

Liberia and that such illicit trade cannot be conducted without the

permission and involvement of Liberian government officials at the

highest levels; determines that the active support provided by the

Government of Liberia for the RUF and other armed rebel groups in

neighboring countries constitutes a threat to international peace

and security in the region; and decides that all states shall take

the necessary measures to prevent the importation of all rough

diamonds from Liberia, whether or not such diamonds originated in

Liberia. The Government of Liberia's complicity in the RUF's

illicit trade in diamonds and its other forms of support for the

RUF are direct challenges to United States foreign policy

objectives in the region as well as to the rule-based international

order that is crucial to the peace and prosperity of the United

States. Therefore, I find these actions by the Government of

Liberia contribute to the unusual and extraordinary threat to the

foreign policy of the United States described in Executive Order

13194 with respect to which the President declared a national

emergency. In order to deal with that threat and to ensure further

that the direct or indirect importation into the United States of

rough diamonds from Sierra Leone will not contribute financial

support to further aggressive actions by the RUF or to the RUF's

procurement of weapons; to implement United Nations Security

Council Resolution 1343; and to counteract, among other things, the

Government of Liberia's facilitation of and participation in the

RUF's illicit trade in diamonds through Liberia, I hereby order the

following additional measures be taken with respect to prohibiting

the importation of rough diamonds from Sierra Leone:

Section 1. Except to the extent provided in regulations, orders,

directives, or licenses issued pursuant to this order, and

notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract

entered into or any license or permit granted prior to the

effective date of this order, the direct or indirect importation

into the United States of all rough diamonds from Liberia, whether

or not such diamonds originated in Liberia, on or after the

effective date of this order is prohibited.

Sec. 2. Any transaction by a United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order is prohibited. Any conspiracy formed to violate

any of the prohibitions set forth in this order is prohibited.

Sec. 3. The definitions contained in section 4 of Executive Order

13194 apply to the terms used in this order.

Sec. 4. 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 and UNPA, 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. 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, including modification, suspension, or

termination of licenses or authorizations in effect as of the date

of this order.

Sec. 5. This order is not intended to create, nor does it create,

any right, benefit, or privilege, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, officers, or any other person.

Sec. 6. (a) This order is effective at 12:01 a.m. eastern

daylight time on May 23, 2001.

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

in the Federal Register.

George W. Bush.

EX. ORD. NO. 13219. BLOCKING PROPERTY OF PERSONS WHO THREATEN

INTERNATIONAL STABILIZATION EFFORTS IN THE WESTERN BALKANS

Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, provided:

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.), and section 301 of title 3, United States Code,

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

have determined that the actions of persons engaged in, or

assisting, sponsoring, or supporting, (i) extremist violence in the

former Yugoslav Republic of Macedonia, southern Serbia, the Federal

Republic of Yugoslavia, and elsewhere in the Western Balkans

region, or (ii) acts obstructing implementation of the Dayton

Accords in Bosnia or United Nations Security Council Resolution

1244 of June 10, 1999, in Kosovo, threaten the peace in or diminish

the security and stability of those areas and the wider region,

undermine the authority, efforts, and objectives of the United

Nations, the North Atlantic Treaty Organization (NATO), and other

international organizations and entities present in those areas and

the wider region, and endanger the safety of persons participating

in or providing support to the activities of those organizations

and entities, including United States military forces and

Government officials. I find that such actions constitute an

unusual and extraordinary threat to the national security and

foreign policy of the United States, and hereby declare a national

emergency to deal with that threat. 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)), the Trade Sanctions Reform and Export Enhancement Act of 2000

(title IX, Public Law 106-387) [22 U.S.C. 7201 et seq.], and in

regulations, orders, directives, or licenses that may hereafter be

issued pursuant to this order, and notwithstanding any contract

entered into or any license or permit granted prior to the

effective date, all property and interests in property of:

(i) the persons listed in the Annex to this order; and

(ii) persons designated by the Secretary of the Treasury, in

consultation with the Secretary of State, because they are found:

(A) to have committed, or to pose a significant risk of

committing, acts of violence that have the purpose or effect of

threatening the peace in or diminishing the stability or security

of any area or state in the Western Balkans region, undermining

the authority, efforts, or objectives of international

organizations or entities present in the region, or endangering

the safety of persons participating in or providing support to

the activities of those international organizations or entities,

or,

(B) to have actively obstructed, or to pose a significant risk

of actively obstructing, implementation of the Dayton Accords in

Bosnia or United Nations Security Council Resolution 1244 in

Kosovo, or

(C) materially to assist in, sponsor, or provide financial or

technological support for, or goods or services in support of,

such acts of violence or obstructionism, or

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

act directly or indirectly for or on behalf of, any of the

foregoing persons, that are or 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.

(b) 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

United States persons to persons designated in or pursuant to

paragraph (a) of this section would seriously impair my ability to

deal with the national emergency declared in this order.

Accordingly, the blocking of property and interests in property

pursuant to paragraph (a) of this section includes, but is not

limited to, the prohibition of the making by a United States person

of any such donation to any such designated person, except as

otherwise authorized by the Secretary of the Treasury.

(c) The blocking of property and interests in property pursuant

to paragraph (a) of this section includes, but is not limited to,

the prohibition of the making or receiving by a United States

person of any contribution or provision of funds, goods, or

services to or for the benefit of a person designated in or

pursuant to paragraph (a) of this section.

Sec. 2. Any transaction by a United States person that evades or

avoids, or has the purpose of evading or avoiding, or attempts to

violate, any of the prohibitions set forth in this order is

prohibited. Any conspiracy formed to violate the prohibitions of

this order is prohibited.

Sec. 3. 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. 4. 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 me 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. 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. 5. This order is not intended to create, nor does it create,

any right, benefit, or privilege, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, officers, or any other person.

Sec. 6. (a) This order is effective at 12:01 eastern daylight

time on June 27, 2001;

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

in the Federal Register.

George W. Bush.

ANNEX

I. Individuals

Name/DPOB (If Available) Affiliation

--------------------------------------------------------------------

Ademi, Xhevat NLA

DOB: 8 Dec 1962

POB: Tetovo, FYROM

Ahmeti, Ali NLA

DOB: 4 Jan 1959

POB: Kicevo, FYROM

Bexheti, Nuri NLA

DOB: 1962

POB: Tetovo, FYROM

Dalipi, Tahir PCPMB

DOB: 1958

POB: Ilince, Presevo mun., FRY

Elshani, Gafur LPK

DOB: 29 March 1958

POB: Suva Reka, FRY

Gashi, Sabit LKCK

DOB: 30 December 1967

POB: Suva Reka, FRY

Habibi, Skender PDK

DOB: 13 July 1968

POB: Ljubiste, FRY

Haradinaj, Daut Chief of Staff, KPC

DOB: 6 April 1978

POB: Goldane, FRY

Hasani, Xhavit NLA

DOB: 5 May 1957

POB: Tanishec, FYROM

Lladrovici, Ramiz Deputy Commander, Guard & Rapid

Reaction Group, KPC

DOB: 3 January 1966

POB:

Lushtaku, Sami RTG 2 Commander, KPC

DOB: 20 February 1961

POB: Srbica, FRY

Musliu, Jonusz PCPMB

DOB: 5 January 1959

POB: Konculj, FRY

Musliu, Shefqet UCPMB

DOB: 12 February 1963

POB: Konculj, FRY

Mustafa, Rrustem RTG 6 Commander, KPC

DOB: 27 February 1971

POB: Podujevo, FRY

Ostremi, Gezim NLA

DOB: 1 November 1942

POB: Debar, Macedonia

Selimi, Rexhep Commander, Guard & Rapid

Reaction Group, KPC

DOB: 15 March 1971

POB: Iglarevo, FRY

Shakiri, Hisni NLA

DOB: 1 March 1949

POB: Otlja, FYROM

Shaqiri, Shaqir UCPMB

DOB: 1 September 1964

POB: FRY

Suma, Emrush NLA

DOB: 27 May 1974

POB: Dimce, FRY

Syla, Azem PDK

DOB: 5 April 1951

POB: FRY

Veliu, Fazli NLA

DOB: 4 January 1945

POB: Kercove, FYROM

Xhemajli, Emrush LPK

DOB: 5 May 1959

POB: Urosevac, FRY

Xhemajli, Muhamet UCPMB

DOB: 8 February 1958

POB: Muhovac, FRY

--------------------------------------------------------------------

II. Organizations

Liberation Army of Presevo, Medvedja, and Bujanovac (PMBLA

a.k.a. UCPMB)

National Liberation Army (NLA a.k.a. UCK)

National Movement for the Liberation of Kosovo (LKCK)

Political Council of Presevo, Medvedja, and Bujanovac (PCPMB)

Popular Movement of Kosovo (LPK)

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13219

Notice of President of the United States, dated June 21, 2002, 67

F.R. 42703, provided:

On June 26, 2001, by Executive Order 13219 [set out above], I

declared a national emergency with respect to the Western Balkans

pursuant to the International Emergency Economic Powers Act (50

U.S.C. 1701-1706) to deal with the unusual and extraordinary threat

to the national security and foreign policy of the United States

constituted by the actions of persons engaged in, or assisting,

sponsoring, or supporting, (i) extremist violence in the former

Yugoslav Republic of Macedonia, and elsewhere in the Western

Balkans region, or (ii) acts obstructing implementation of the

Dayton Accords in Bosnia or United Nations Security Council

Resolution 1244 of June 10, 1999, in Kosovo. Because the actions of

these persons, which threaten the peace and international

stabilization efforts in the Western Balkans, continue to pose an

unusual and extraordinary threat to the national security and

foreign policy of the United States, the national emergency

declared on June 26, 2001, and the measures adopted on that date to

deal with that emergency must continue in effect beyond June 26,

2002. Therefore, in accordance with section 202(d) of the National

Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the

national emergency with respect to the Western Balkans.

This Notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

EX. ORD. NO. 13222. CONTINUATION OF EXPORT CONTROL REGULATIONS

Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including but not

limited to section 203 of the International Emergency Economic

Powers Act ("Act") (50 U.S.C. 1702), I, GEORGE W. BUSH, President

of the United States of America, find that the unrestricted access

of foreign parties to U.S. goods and technology and the existence

of certain boycott practices of foreign nations, in light of the

expiration of the Export Administration Act of 1979, as amended (50

U.S.C. App. 2401 et seq.), constitute an unusual and extraordinary

threat to the national security, foreign policy, and economy of the

United States and hereby declare a national emergency with respect

to that threat.

Accordingly, in order (a) to exercise the necessary vigilance

over exports and activities affecting the national security of the

United States; (b) to further significantly the foreign policy of

the United States, including its policy with respect to cooperation

by U.S. persons with certain foreign boycott activities, and to

fulfill its international responsibilities; and (c) to protect the

domestic economy from the excessive drain of scarce materials and

reduce the serious economic impact of foreign demand, it is hereby

ordered as follows:

Section 1. To the extent permitted by law, the provisions of the

Export Administration Act of 1979, as amended, and the provisions

for administration of the Export Administration Act of 1979, as

amended, shall be carried out under this order so as to continue in

full force and effect and amend, as necessary, the export control

system heretofore maintained by the Export Administration

Regulations issued under the Export Administration Act of 1979, as

amended. The delegations of authority set forth in Executive Order

12002 of July 7, 1977 [50 App. U.S.C. 2403 note], as amended by

Executive Order 12755 of March 12, 1991, and Executive Order 13026

of November 15, 1996 [50 App. U.S.C. 2403 note]; Executive Order

12214 of May 2, 1980 [50 App. U.S.C. 2403 note]; Executive Order

12735 of November 16, 1990; and Executive Order 12851 of June 11,

1993 [22 U.S.C. 2797 note], shall be incorporated in this order and

shall apply to the exercise of authorities under this order. All

actions under this order shall be in accordance with Presidential

directives relating to the export control system heretofore issued

and not revoked.

Sec. 2. All rules and regulations issued or continued in effect

by the Secretary of Commerce under the authority of the Export

Administration Act of 1979, as amended [50 App. U.S.C. 2401 et

seq.], including those published in Title 15, Subtitle B, Chapter

VII, Subchapter C, of the Code of Federal Regulations, Parts 730

through 774, and all orders, regulations, licenses, and other forms

of administrative action issued, taken, or continued in effect

pursuant thereto, shall, until amended or revoked by the Secretary

of Commerce, remain in full force and effect as if issued or taken

pursuant to this order, except that the provisions of sections

203(b)(2) and 206 of the Act (50 U.S.C. 1702(b)(2) and 1705) shall

control over any inconsistent provisions in the regulations.

Nothing in this section shall affect the continued applicability of

administrative sanctions provided for by the regulations described

above.

Sec. 3. Provisions for administration of section 38(e) of the

Arms Export Control Act (22 U.S.C. 2778(e)) may be made and shall

continue in full force and effect until amended or revoked under

the authority of section 203 of the Act (50 U.S.C. 1702). To the

extent permitted by law, this order also shall constitute authority

for the issuance and continuation in full force and effect of all

rules and regulations by the President or his delegate, and all

orders, licenses, and other forms of administrative actions issued,

taken, or continued in effect pursuant thereto, relating to the

administration of section 38(e).

Sec. 4. This order shall be effective as of midnight between

August 20, 2001, and August 21, 2001, eastern daylight time.

George W. Bush.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13222

Notice of President of the United States, dated Aug. 14, 2002, 67

F.R. 53721, provided:

On August 17, 2001, consistent with the authority provided me

under the International Emergency Economic Powers Act (50 U.S.C.

1701 et seq.), I issued Executive Order 13222 [set out above]. In

that order, I declared a national emergency with respect to the

unusual and extraordinary threat to the national security, foreign

policy, and economy of the United States in light of the expiration

of the Export Administration Act of 1979, as amended (50 U.S.C.

App. 2401 et seq.). Because the Export Administration Act has not

been renewed by the Congress, the national emergency declared on

August 17, 2001, must continue in effect beyond August 17, 2002.

Therefore, in accordance with section 202(d) of the National

Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the

national emergency declared in Executive Order 13222.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

EX. ORD. NO. 13224. BLOCKING PROPERTY AND PROHIBITING TRANSACTIONS

WITH PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM

Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by

Ex. Ord. No. 13268, Sec. 1, July 2, 2002, 67 F.R. 44751; Ex. Ord.

No. 13284, Sec. 4, Jan. 23, 2003, 68 F.R. 4075, provided:

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 5 of the United Nations Participation Act of 1945,

as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3,

United States Code, and in view of United Nations Security Council

Resolution (UNSCR) 1214 of December 8, 1998, UNSCR 1267 of October

15, 1999, UNSCR 1333 of December 19, 2000, and the multilateral

sanctions contained therein, and UNSCR 1363 of July 30, 2001,

establishing a mechanism to monitor the implementation of UNSCR

1333,

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

find that grave acts of terrorism and threats of terrorism

committed by foreign terrorists, including the terrorist attacks in

New York, Pennsylvania, and the Pentagon committed on September 11,

2001, acts recognized and condemned in UNSCR 1368 of September 12,

2001, and UNSCR 1269 of October 19, 1999, and the continuing and

immediate threat of further attacks on United States nationals or

the United States constitute an unusual and extraordinary threat to

the national security, foreign policy, and economy of the United

States, and in furtherance of my proclamation of September 14,

2001, Declaration of National Emergency by Reason of Certain

Terrorist Attacks [Proc. No. 7463, 50 U.S.C. 1621 note], hereby

declare a national emergency to deal with that threat. I also find

that because of the pervasiveness and expansiveness of the

financial foundation of foreign terrorists, financial sanctions may

be appropriate for those foreign persons that support or otherwise

associate with these foreign terrorists. I also find that a need

exists for further consultation and cooperation with, and sharing

of information by, United States and foreign financial institutions

as an additional tool to enable the United States to combat the

financing of terrorism.

I hereby order:

Section 1. Except to the extent required by section 203(b) of

IEEPA (50 U.S.C. 1702(b)), or provided 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, all

property and interests in property of the following persons that

are in the United States or that hereafter come within the United

States, or that hereafter come within the possession or control of

United States persons are blocked:

(a) foreign persons listed in the Annex to this order;

(b) foreign persons determined by the Secretary of State, in

consultation with the Secretary of the Treasury, the Secretary of

Homeland Security, and the Attorney General, to have committed, or

to pose a significant risk of committing, acts of terrorism that

threaten the security of U.S. nationals or the national security,

foreign policy, or economy of the United States;

(c) persons determined by the Secretary of the Treasury, in

consultation with the Secretary of State, the Secretary of Homeland

Security, and the Attorney General, to be owned or controlled by,

or to act for or on behalf of those persons listed in the Annex to

this order or those persons determined to be subject to subsection

1(b), 1(c), or 1(d)(i) of this order;

(d) except as provided in section 5 of this order and after such

consultation, if any, with foreign authorities as the Secretary of

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

Secretary of Homeland Security, and the Attorney General, deems

appropriate in the exercise of his discretion, persons determined

by the Secretary of the Treasury, in consultation with the

Secretary of State, the Secretary of Homeland Security, and the

Attorney General;

(i) to assist in, sponsor, or provide financial, material, or

technological support for, or financial or other services to or

in support of, such acts of terrorism or those persons listed in

the Annex to this order or determined to be subject to this

order; or

(ii) to be otherwise associated with those persons listed in

the Annex to this order or those persons determined to be subject

to subsection 1(b), 1(c), or 1(d)(i) of this order.

Sec. 2. Except to the extent required by section 203(b) of IEEPA

(50 U.S.C. 1702(b)), or provided 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:

(a) any transaction or dealing by United States persons or within

the United States in property or interests in property blocked

pursuant to this order is prohibited, including but not limited to

the making or receiving of any contribution of funds, goods, or

services to or for the benefit of those persons listed in the Annex

to this order or determined to be subject to this order;

(b) any transaction by any United States person or within the

United States that evades or avoids, or has the purpose of evading

or avoiding, or attempts to violate, any of the prohibitions set

forth in this order is prohibited; and

(c) 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,

corporation, or other organization, group, or subgroup;

(c) the term "United States person" means any United States

citizen, permanent resident alien, entity organized under the laws

of the United States (including foreign branches), or any person in

the United States; and

(d) the term "terrorism" means an activity that -

(i) involves a violent act or an act dangerous to human life,

property, or infrastructure; and

(ii) appears to be intended -

(A) to intimidate or coerce a civilian population;

(B) to influence the policy of a government by intimidation

or coercion; or

(C) to affect the conduct of a government by mass

destruction, assassination, kidnapping, or hostage-taking.

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 United States persons to persons determined to be subject to

this order would seriously impair my ability to deal with the

national emergency declared in this order, and would endanger Armed

Forces of the United States that are in a situation where imminent

involvement in hostilities is clearly indicated by the

circumstances, and hereby prohibit such donations as provided by

section 1 of this order. Furthermore, I hereby determine that the

Trade Sanctions Reform and Export Enhancement Act of 2000 (title

IX, Public Law 106-387) [22 U.S.C. 7201 et seq.] shall not affect

the imposition or the continuation of the imposition of any

unilateral agricultural sanction or unilateral medical sanction on

any person determined to be subject to this order because imminent

involvement of the Armed Forces of the United States in hostilities

is clearly indicated by the circumstances.

Sec. 5. With respect to those persons designated pursuant to

subsection 1(d) of this order, the Secretary of the Treasury, in

the exercise of his discretion and in consultation with the

Secretary of State, the Secretary of Homeland Security, and the

Attorney General, may take such other actions than the complete

blocking of property or interests in property as the President is

authorized to take under IEEPA and UNPA if the Secretary of the

Treasury, in consultation with the Secretary of State, the

Secretary of Homeland Security, and the Attorney General, deems

such other actions to be consistent with the national interests of

the United States, considering such factors as he deems

appropriate.

Sec. 6. The Secretary of State, the Secretary of the Treasury,

and other appropriate agencies shall make all relevant efforts to

cooperate and coordinate with other countries, including through

technical assistance, as well as bilateral and multilateral

agreements and arrangements, to achieve the objectives of this

order, including the prevention and suppression of acts of

terrorism, the denial of financing and financial services to

terrorists and terrorist organizations, and the sharing of

intelligence about funding activities in support of terrorism.

Sec. 7. The Secretary of the Treasury, in consultation with the

Secretary of State, the Secretary of Homeland Security, and the

Attorney General, 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 and UNPA 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. 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. 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.

Sec. 9. Nothing contained in this order is intended to create,

nor does it create, any right, benefit, or privilege, substantive

or procedural, enforceable at law by a party against the United

States, its agencies, officers, employees or any other person.

Sec. 10. For those persons listed in the Annex to this order or

determined to be subject to 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. 11. (a) This order is effective at 12:01 a.m. eastern

daylight time on September 24, 2001.

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

in the Federal Register.

George W. Bush.

ANNEX

Al Qaida/Islamic Army

Abu Sayyaf Group

Armed Islamic Group (GIA)

Harakat ul-Mujahidin (HUM)

Al-Jihad (Egyptian Islamic Jihad)

Islamic Movement of Uzbekistan (IMU)

Asbat al-Ansar

Salafist Group for Call and Combat (GSPC)

Libyan Islamic Fighting Group

Al-Itihaad al-Islamiya (AIAI)

Islamic Army of Aden

Usama bin Laden

Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri)

Sayf al-Adl

Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)

Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid, Khalid

Al-Shanqiti)

Ibn Al-Shaykh al-Libi

Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)

Abd al-Hadi al-Iraqi (aka, Abu Abdallah)

Ayman al-Zawahiri

Thirwat Salah Shihata

Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)

Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)

Makhtab Al-Khidamat/Al Kifah

Wafa Humanitarian Organization

Al Rashid Trust

Mamoun Darkazanli Import-Export Company

Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful])

The Taliban.

CONTINUATION OF NATIONAL EMERGENCY DECLARED BY EX. ORD. NO. 13224

Notice of President of the United States, dated Sept. 19, 2002,

67 F.R. 59447, provided:

On September 23, 2001, by Executive Order 13224 [set out above],

I declared a national emergency with respect to persons who commit,

threaten to commit, or support terrorism, pursuant to the

International Emergency Economic Powers Act (50 U.S.C. 1701-1706).

I took this action to deal with the unusual and extraordinary

threat to the national security, foreign policy, and economy of the

United States constituted by the grave acts of terrorism and

threats of terrorism committed by foreign terrorists, including the

terrorist attacks in New York, Pennsylvania, and on the Pentagon

committed on September 11, 2001, and the continuing and immediate

threat of further attacks on United States nationals or the United

States. Because the actions of these persons who commit, threaten

to commit, or support terrorism continue to pose an unusual and

extraordinary threat to the national security, foreign policy, and

economy of the United States, the national emergency declared on

September 23, 2001, and the measures adopted on that date to deal

with that emergency, must continue in effect beyond September 23,

2002. Therefore, in accordance with section 202(d) of the National

Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the

national emergency with respect to persons who commit, threaten to

commit, or support terrorism.

This notice shall be published in the Federal Register and

transmitted to the Congress.

George W. Bush.

EX. ORD. NO. 13268. TERMINATION OF EMERGENCY WITH RESPECT TO THE

TALIBAN

Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751, provided:

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA),

section 5 of the United Nations Participation Act of 1945, as

amended (22 U.S.C. 287c), and section 301 of title 3, United States

Code,

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

find that the situation that gave rise to the declaration of a

national emergency in Executive Order 13129 of July 4, 1999, with

respect to the Taliban, in allowing territory under its control in

Afghanistan to be used as a safe haven and base of operations for

Usama bin Ladin and the Al-Qaida organization, has been

significantly altered given the success of the military campaign in

Afghanistan, and hereby revoke that order and terminate the

national emergency declared in that order with respect to the

Taliban. At the same time, and in order to take additional steps

with respect to the grave acts of terrorism and threats of

terrorism committed by foreign terrorists, the continuing and

immediate threat of further attacks on United States nationals or

the United States, and the national emergency described and

declared in Executive Order 13224 of September 23, 2001 [set out

above], I hereby order:

Section 1. The Annex to Executive Order 13224 of September 23,

2001, is amended by adding thereto the following persons in

appropriate alphabetical order:

Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful])

The Taliban.

Sec. 2. For the purposes of this order and Executive Order 13224

of September 23, 2001, the term "the Taliban" is also known as the

"Taleban," "Islamic Movement of Taliban," "the Taliban Islamic

Movement," "Talibano Islami Tahrik," and "Tahrike Islami'a

Taliban". The Secretary of State, in consultation with the

Secretary of the Treasury, is hereby authorized to modify the

definition of the term "the Taliban," as appropriate.

Sec. 3. Nothing contained in this order shall create any right or

benefit, substantive or procedural, enforceable by any party

against the United States, its agencies or instrumentalities, its

officers or employees, or any other person.

Sec. 4. Pursuant to section 202 of the NEA (50 U.S.C. 1622),

termination of the national emergency with respect to the Taliban

shall not affect any action taken or proceeding pending not finally

concluded or determined as of the date of this order, or any action

or proceeding based on any act committed prior to the date of this

order, or any rights or duties that matured or penalties that were

incurred prior to the date of this order.

George W. Bush.

EX. ORD. NO. 13288. BLOCKING PROPERTY OF PERSONS UNDERMINING

DEMOCRATIC PROCESSES OR INSTITUTIONS IN ZIMBABWE

Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, provided:

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.), and section 301 of title 3, United States Code,

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

have determined that the actions and policies of certain members of

the Government of Zimbabwe and other persons to undermine

Zimbabwe's democratic processes or institutions, contributing to

the deliberate breakdown in the rule of law in Zimbabwe, to

politically motivated violence and intimidation in that country,

and to political and economic instability in the southern African

region, constitute an unusual and extraordinary threat to the

foreign policy of the United States, and I hereby declare a

national emergency to deal with that threat.

I hereby order:

Section 1. Except to the extent provided in section 203(b) of

IEEPA (50 U.S.C. 1702(b)), and 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, 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:

(a) the persons listed in the Annex to this order; and

(b) any person determined by the Secretary of the Treasury, in

consultation with the Secretary of State, to be owned or controlled

by, or acting or purporting to act directly or indirectly for or on

behalf of, any of the persons listed in the Annex to this order.

Sec. 2. (a) Any transaction or dealing by a United States person

or within the United States in property or interests in property

blocked pursuant to this order is prohibited, including but not

limited to the making or receiving of any contribution of funds,

goods, or services to or for the benefit of any person listed in

the Annex to this order or who is the subject of a determination

under subsection 1(b) of this order.

(b) 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.

(c) Any conspiracy formed to violate the prohibitions set forth

in this order is prohibited.

Sec. 3. 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. 4. 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 me 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. 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. 5. This order is not intended to create, nor does it create,

any right, benefit, or privilege, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, officers, employees, or any other person.

Sec. 6. (a) This order is effective at 12:01 eastern standard

time on March 7, 2003; and

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

in the Federal Register.

George W. Bush.

ANNEX

1. Robert Gabriel MUGABE [President of Zimbabwe, born 21 Feb.

1924]

2. Flora BUKA [Minister of State for Land Reform, born 25 Feb.

1968]

3. George CHARAMBA [Permanent Secretary, Ministry of Information,

born 4 Apr. 1963]

4. Fortune CHARUMBIRA [Deputy Minister for Local Government,

Public Works, and National Housing, born 10 June 1962]

5. Aeneas CHIGWEDERE [Minister of Education, Sports and Culture,

born 25 Nov. 1939]

6. Augustine CHIHURI [Police Commissioner, born 10 Mar. 1953]

7. Enos CHIKOWORE [Politburo Secretary for Land and Resettlement,

born 17 July 1942]

8. Patrick CHINAMASA [Minister of Justice, born 25 Jan. 1947]

9. Edward CHINDORI-CHININGA [Minister of Mines, born 14 Mar.

1955]

10. Constantine CHIWENGA [Lt. Gen., Commander of the Army, born

25 Aug. 1956]

11. Willard CHIWEWE [Senior Secretary, Ministry of Foreign

Affairs, born 19 Mar. 1949]

12. Ignatius CHOMBO [Minister of Local Government, born 1 Aug.

1952]

13. Dumiso DABENGWA [Politburo Senior Committee Member, born 6

Dec. 1939]

14. Nicholas GOCHE [Minister of State for National Security, born

1 Aug. 1946]

15. Rugare GUMBO [Deputy Minister for Home Affairs, born 8 Mar.

1940]

16. Richard HOVE [Politburo Secretary for Economic Affairs, born

23 Sept. 1939]

17. David KARIMANZIRA [Politburo Secretary for Finance, born 25

May 1947]

18. Saviour KASUKUWERE [Deputy-Secretary for Youth Affairs, born

23 Oct. 1970]

19. Christopher KURUNERI [Deputy Minister, Finance and Economic

Development, born 4 Apr. 1949]

20. Thenjiwe LESABE [Politburo Secretary for Women's Affairs,

born 5 Jan. 1933]

21. Jaison MACHAYA [Deputy Minister for Mines and Mining

Development, born 13 June 1952]

22. Joseph MADE [Minister of Agriculture, born 21 Nov. 1954]

23. Edna MADZONGWE [Deputy-Secretary for Production and Labor,

born 11 July 1943]

24. Shuvai MAHOFA [Deputy Minister for Youth Development, Gender

and Employment Creation, born 4 Apr. 1941]

25. Joshua MALINGA [Deputy-Secretary for Disabled and

Disadvantaged, born 28 Apr. 1944]

26. Paul MANGWANA [Minister of State for State Enterprises and

Parastatals, born 10 Aug. 1961]

27. Witness MANGWENDE [Minister of Transport and Communications,

born 15 Aug. 1946]

28. Elliot MANYIKA [Minister of Youth Development, born 30 July

1955]

29. Kenneth MANYONDA [Deputy Minister for Industry and

International Trade, born 10 Aug. 1934]

30. Reuben MARUMAHOKO [Deputy Minister for Energy and Power

Development, born 4 Apr. 1948]

31. Angeline MASUKU [Politburo Secretary for Disabled and

Disadvantaged Person's Welfare, born 14 Oct. 1936]

32. Sithokozile MATHUTHU [Deputy-Secretary for Transport and

Social Welfare]

33. Amos Bernard Muvenga MIDZI [Minister for Energy and

Development, born 4 July 1952]

34. Emmerson MNANGAGWA [Parliamentary Speaker, born 15 Sept.

1946]

35. Kembo MOHADI [Minister of Home Affairs, born 15 Nov. 1949]

36. Swithun MOMBESHORA [Minister of Higher Education, born 20

Aug. 1945]

37. Jonathan MOYO [Minister of Information, born 12 Jan. 1957]

38. July MOYO [Minister of Public Service, Labor and Social

Welfare, born 7 May 1950]

39. Simon Khaya MOYO [Deputy-Secretary for Legal Affairs, born

1945]

40. Obert MPOFU [Deputy-Secretary for National Security, born 12

Oct. 1951]

41. Joseph MSIKA [Vice President, born 6 Dec. 1923]

42. Olivia MUCHENA [Minister of State for Science and Technology

Development, born 18 Aug. 1946]

43. Opah MUCHINGURI [Politburo Secretary for Gender and Culture,

born 14 Dec. 1958]

44. Stan MUDENGE [Minister of Foreign Affairs, born 17 Dec. 1948]

45. Grace MUGABE [born 23 July 1965]

46. Sabina MUGABE [Politburo Senior Committee Member, born 14

Oct. 1934]

47. Joyce MUJURU [Minister of Rural Resources and Water, born 15

Apr. 1955]

48. Solomon MUJURU [Politburo Senior Committee Member, born 1 May

1949]

49. Samuel MUMBENGEGWI [Minister of Industry and International

Trade, born 20 July 1945]

50. Herbert MURERWA [Minister of Finance, born 31 July 1941]

51. Christopher MUSHOHWE [Deputy Minister, Transport and

Communications, born 6 Feb. 1954]

52. Didymus MUTASA [Politburo Secretary for External Relations,

born 27 July 1935]

53. Kenneth MUTIWEKUZIVA [Deputy Minister for Small and Medium

Enterprise Development, born 27 May 1948]

54. Simon Vengesai MUZENDA [Vice President, born 28 Oct. 1922]

55. Tsitsi MUZENDA [Politburo Senior Committee Member, born 28

Aug. 1922]

56. Elisha MUZONZINI [Director of the Central Intelligence

Organization, born 24 June 1957]

57. Abedinico NCUBE [Deputy Minister, Foreign Affairs, born 13

March 1954]

58. Naison NDLOVU [Politburo Secretary for Production and Labor,

born 22 Oct. 1930]

59. Sikhanyiso NDLOVU [Deputy-Secretary for Commissariat, born 20

Sept. 1949]

60. Francis NHEMA [Minister of Environment and Tourism, born 17

Apr. 1959]

61. John NKOMO [Minister of State for Special Affairs, born 22

Aug. 1934]

62. Stephen NKOMO [Politburo Senior Committee Member, born 3 Oct.

1926]

63. Sithembiso NYONI [Minister of Small and Medium Enterprises

Development, born 20 Sept. 1949]

64. David PARIRENYATWA [Minister of Health and Child Welfare,

born 2 Aug. 1950]

65. Selina POTE [Deputy-Secretary for Gender and Culture]

66. Tinos RUSERE [Deputy Minister for Rural Resources and Water

Development, born 10 May 1945]

67. Stanley SAKUPWANYA [Deputy-Secretary for Health and Child

Welfare]

68. Sidney SEKERAMAYI [Minister of Defense, born 30 Mar. 1944]

69. Nathan SHAMUYARIRA [Politburo Secretary for Information and

Publicity, born 29 Sept. 1928]

70. Perence SHIRI [Air Marshal (Air Force), born 11 Jan. 1955]

71. Isaiah SHUMBA [Deputy Minister, Education, Sports and

Culture, born 3 Jan. 1949]

72. Absolom SIKOSANA [Politburo Secretary for Youth Affairs]

73. Solomon TAWENGWA [Deputy-Secretary for Finance, born 15 June

1940]

74. Josiah TUNGAMIRAI [Politburo Secretary for Empowerment and

Indigenization, born 8 Oct. 1948]

75. Charles UTETE [Cabinet Secretary, born 30 Oct. 1938]

76. Paradzai ZIMONDI [Prisons chief, born 4 Mar. 1947]

77. Vitalis ZVINAVASHE [General, Commander of Zimbabwe Defense

Forces, born 27 Sept. 1943]

Note: The bracketed identifying information with respect to each

person listed in this Annex reflects information currently

available and is provided solely to facilitate compliance with this

order. Each individual listed in this Annex remains subject to the

prohibitions of this order notwithstanding any change in title,

position, or affiliation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1702 of this title; title

22 section 7108; title 28 section 1610.

-End-

-CITE-

50 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1702. Presidential authorities

-STATUTE-

(a) In general

(1) At the times and to the extent specified in section 1701 of

this title, the President may, under such regulations as he may

prescribe, by means of instructions, licenses, or otherwise -

(A) investigate, regulate, or prohibit -

(i) any transactions in foreign exchange,

(ii) transfers of credit or payments between, by, through, or

to any banking institution, to the extent that such transfers

or payments involve any interest of any foreign country or a

national thereof,

(iii) the importing or exporting of currency or securities,

by any person, or with respect to any property, subject to the

jurisdiction of the United States;

(B) investigate, block during the pendency of an investigation,

regulate, direct and compel, nullify, void, prevent or prohibit,

any acquisition, holding, withholding, use, transfer, withdrawal,

transportation, importation or exportation of, or dealing in, or

exercising any right, power, or privilege with respect to, or

transactions involving, any property in which any foreign country

or a national thereof has any interest by any person, or with

respect to any property, subject to the jurisdiction of the

United States; and.(!1)

(C) when the United States is engaged in armed hostilities or

has been attacked by a foreign country or foreign nationals,

confiscate any property, subject to the jurisdiction of the

United States, of any foreign person, foreign organization, or

foreign country that he determines has planned, authorized,

aided, or engaged in such hostilities or attacks against the

United States; and all right, title, and interest in any property

so confiscated shall vest, when, as, and upon the terms directed

by the President, in such agency or person as the President may

designate from time to time, and upon such terms and conditions

as the President may prescribe, such interest or property shall

be held, used, administered, liquidated, sold, or otherwise dealt

with in the interest of and for the benefit of the United States,

and such designated agency or person may perform any and all acts

incident to the accomplishment or furtherance of these purposes.

(2) In exercising the authorities granted by paragraph (1), the

President may require any person to keep a full record of, and to

furnish under oath, in the form of reports or otherwise, complete

information relative to any act or transaction referred to in

paragraph (1) either before, during, or after the completion

thereof, or relative to any interest in foreign property, or

relative to any property in which any foreign country or any

national thereof has or has had any interest, or as may be

otherwise necessary to enforce the provisions of such paragraph. In

any case in which a report by a person could be required under this

paragraph, the President may require the production of any books of

account, records, contracts, letters, memoranda, or other papers,

in the custody or control of such person.

(3) Compliance with any regulation, instruction, or direction

issued under this chapter shall to the extent thereof be a full

acquittance and discharge for all purposes of the obligation of the

person making the same. No person shall be held liable in any court

for or with respect to anything done or omitted in good faith in

connection with the administration of, or pursuant to and in

reliance on, this chapter, or any regulation, instruction, or

direction issued under this chapter.

(b) Exceptions to grant of authority

The authority granted to the President by this section does not

include the authority to regulate or prohibit, directly or

indirectly -

(1) any postal, telegraphic, telephonic, or other personal

communication, which does not involve a transfer of anything of

value;

(2) donations, by persons subject to the jurisdiction of the

United States, of articles, such as food, clothing, and medicine,

intended to be used to relieve human suffering, except to the

extent that the President determines that such donations (A)

would seriously impair his ability to deal with any national

emergency declared under section 1701 of this title, (B) are in

response to coercion against the proposed recipient or donor, or

(C) would endanger Armed Forces of the United States which are

engaged in hostilities or are in a situation where imminent

involvement in hostilities is clearly indicated by the

circumstances; or (!2)

(3) the importation from any country, or the exportation to any

country, whether commercial or otherwise, regardless of format or

medium of transmission, of any information or informational

materials, including but not limited to, publications, films,

posters, phonograph records, photographs, microfilms, microfiche,

tapes, compact disks, CD ROMs, artworks, and news wire feeds. The

exports exempted from regulation or prohibition by this paragraph

do not include those which are otherwise controlled for export

under section 2404 of the Appendix to this title, or under

section 2405 of the Appendix to this title to the extent that

such controls promote the nonproliferation or antiterrorism

policies of the United States, or with respect to which acts are

prohibited by chapter 37 of title 18; or

(4) any transactions ordinarily incident to travel to or from

any country, including importation of accompanied baggage for

personal use, maintenance within any country including payment of

living expenses and acquisition of goods or services for personal

use, and arrangement or facilitation of such travel including

nonscheduled air, sea, or land voyages.

(c) Classified information

In any judicial review of a determination made under this

section, if the determination was based on classified information

(as defined in section 1(a) of the Classified Information

Procedures Act) such information may be submitted to the reviewing

court ex parte and in camera. This subsection does not confer or

imply any right to judicial review.

-SOURCE-

(Pub. L. 95-223, title II, Sec. 203, Dec. 28, 1977, 91 Stat. 1626;

Pub. L. 100-418, title II, Sec. 2502(b)(1), Aug. 23, 1988, 102

Stat. 1371; Pub. L. 103-236, title V, Sec. 525(c)(1), Apr. 30,

1994, 108 Stat. 474; Pub. L. 107-56, title I, Sec. 106, Oct. 26,

2001, 115 Stat. 277.)

-REFTEXT-

REFERENCES IN TEXT

Section 1(a) of the Classified Information Procedures Act,

referred to in subsec. (c), is section 1(a) of Pub. L. 96-456, Oct.

15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title

18, Crimes and Criminal Procedure.

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-56, Sec. 106, which directed certain

amendments to section 203 of the International Emergency Powers

Act, was executed by making the amendments to this section, which

is section 203 of the International Emergency Economic Powers Act,

to reflect the probable intent of Congress. See below.

Subsec. (a)(1). Pub. L. 107-56, Sec. 106(1)(C), which directed

striking out "by any person, or with respect to any property,

subject to the jurisdiction of the United States' without providing

closing quotation marks designating the provisions to be struck,

was executed by striking out "by any person, or with respect to any

property, subject to the jurisdiction of the United States" in

concluding provisions.

Subsec. (a)(1)(A). Pub. L. 107-56, Sec. 106(1)(A), substituted a

comma for "; and" at end of cl. (iii) and inserted concluding

provisions.

Subsec. (a)(1)(B). Pub. L. 107-56, Sec. 106(1)(B), inserted ",

block during the pendency of an investigation" after "investigate"

and substituted "interest by any person, or with respect to any

property, subject to the jurisdiction of the United States; and"

for "interest;".

Subsec. (a)(1)(C). Pub. L. 107-56, Sec. 106(1)(D), added subpar.

(C).

Subsec. (c). Pub. L. 107-56, Sec. 106(2), added subsec. (c).

1994 - Subsec. (b)(3), (4). Pub. L. 103-236 added pars. (3) and

(4) and struck out former par. (3) which read as follows: "the

importation from any country, or the exportation to any country,

whether commercial or otherwise, of publications, films, posters,

phonograph records, photographs, microfilms, microfiche, tapes, or

other informational materials, which are not otherwise controlled

for export under section 2404 of the Appendix to this title or with

respect to which no acts are prohibited by chapter 37 of title 18."

1988 - Subsec. (b)(3). Pub. L. 100-418 added par. (3).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 525(c)(2) and (3) of Pub. L. 103-236 provided that:

"(2) The amendments made by paragraph (1) to section 203(b)(3) of

the International Emergency Economic Powers Act [50 U.S.C.

1702(b)(3)] apply to actions taken by the President under section

203 of such Act before the date of enactment of this Act [Apr. 30,

1994] which are in effect on such date and to actions taken under

such section on or after such date.

"(3) Section 203(b)(4) of the International Emergency Economic

Powers Act (as added by paragraph (1)) shall not apply to

restrictions on the transactions and activities described in

section 203(b)(4) in force on the date of enactment of this Act,

with respect to countries embargoed under the International

Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] on the date

of enactment of this Act."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 2502(b)(2) of Pub. L. 100-418 provided that: "The

amendments made by paragraph (1) [amending this section] apply to

actions taken by the President under section 203 of the

International Emergency Economic Powers Act [this section] before

the date of the enactment of this Act [Aug. 23, 1988] which are in

effect on such date of enactment, and to actions taken under such

section on or after such date of enactment."

-EXEC-

EX. ORD. NO. 13290. CONFISCATING AND VESTING CERTAIN IRAQI PROPERTY

Ex. Ord. No. 13290, Mar. 20, 2003, 68 F.R. 14307, provided:

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.), 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 12722 of August 2, 1990 [50 U.S.C. 1701

note],

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

hereby determine that the United States and Iraq are engaged in

armed hostilities, that it is in the interest of the United States

to confiscate certain property of the Government of Iraq and its

agencies, instrumentalities, or controlled entities, and that all

right, title, and interest in any property so confiscated should

vest in the Department of the Treasury. I intend that such vested

property should be used to assist the Iraqi people and to assist in

the reconstruction of Iraq, and determine that such use would be in

the interest of and for the benefit of the United States.

I hereby order:

Section 1. All blocked funds held in the United States in

accounts in the name of the Government of Iraq, the Central Bank of

Iraq, Rafidain Bank, Rasheed Bank, or the State Organization for

Marketing Oil are hereby confiscated and vested in the Department

of the Treasury, except for the following:

(a) any such funds that are subject to the Vienna Convention on

Diplomatic Relations or the Vienna Convention on Consular

Relations, or that enjoy equivalent privileges and immunities under

the laws of the United States, and are or have been used for

diplomatic or consular purposes, and

(b) any such amounts that as of the date of this order are

subject to post-judgment writs of execution or attachment in aid of

execution of judgments pursuant to section 201 of the Terrorism

Risk Insurance Act of 2002 (Public Law 107-297) [see Tables for

classification], provided that, upon satisfaction of the judgments

on which such writs are based, any remainder of such excepted

amounts shall, by virtue of this order and without further action,

be confiscated and vested.

Sec. 2. The Secretary of the Treasury is authorized to perform,

without further approval, ratification, or other action of the

President, all functions of the President set forth in section

203(a)(1)(C) of IEEPA [50 U.S.C. 1702(a)(1)(C)] with respect to any

and all property of the Government of Iraq, including its agencies,

instrumentalities, or controlled entities, and to take additional

steps, including the promulgation of rules and regulations as may

be necessary, to carry out the purposes of this order. The

Secretary of the Treasury may redelegate such functions in

accordance with applicable law. The Secretary of the Treasury shall

consult the Attorney General as appropriate in the implementation

of this order.

Sec. 3. This order shall be transmitted to the Congress and

published in the Federal Register.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1701 of this title; title

22 sections 6004, 7108; title 28 section 1610.

-FOOTNOTE-

(!1) So in original. The period probably should not appear.

(!2) So in original. The word "or" probably should not appear.

-End-

-CITE-

50 USC Sec. 1703 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1703. Consultation and reports

-STATUTE-

(a) Consultation with Congress

The President, in every possible instance, shall consult with the

Congress before exercising any of the authorities granted by this

chapter and shall consult regularly with the Congress so long as

such authorities are exercised.

(b) Report to Congress upon exercise of Presidential authorities

Whenever the President exercises any of the authorities granted

by this chapter, he shall immediately transmit to the Congress a

report specifying -

(1) the circumstances which necessitate such exercise of

authority;

(2) why the President believes those circumstances constitute

an unusual and extraordinary threat, which has its source in

whole or substantial part outside the United States, to the

national security, foreign policy, or economy of the United

States;

(3) the authorities to be exercised and the actions to be taken

in the exercise of those authorities to deal with those

circumstances;

(4) why the President believes such actions are necessary to

deal with those circumstances; and

(5) any foreign countries with respect to which such actions

are to be taken and why such actions are to be taken with respect

to those countries.

(c) Periodic follow-up reports

At least once during each succeeding six-month period after

transmitting a report pursuant to subsection (b) of this section

with respect to an exercise of authorities under this chapter, the

President shall report to the Congress with respect to the actions

taken, since the last such report, in the exercise of such

authorities, and with respect to any changes which have occurred

concerning any information previously furnished pursuant to

paragraphs (1) through (5) of subsection (b) of this section.

(d) Supplemental requirements

The requirements of this section are supplemental to those

contained in title IV of the National Emergencies Act [50 U.S.C.

1641].

-SOURCE-

(Pub. L. 95-223, title II, Sec. 204, Dec. 28, 1977, 91 Stat. 1627.)

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsec. (d), is Pub.

L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended. Title IV of

the National Emergencies Act enacted subchapter IV (Sec. 1641) of

chapter 34 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1601 of

this title and Tables.

-End-

-CITE-

50 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1704. Authority to issue regulations

-STATUTE-

The President may issue such regulations, including regulations

prescribing definitions, as may be necessary for the exercise of

the authorities granted by this chapter.

-SOURCE-

(Pub. L. 95-223, title II, Sec. 205, Dec. 28, 1977, 91 Stat. 1628.)

-End-

-CITE-

50 USC Sec. 1705 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1705. Penalties

-STATUTE-

(a) A civil penalty of not to exceed $10,000 may be imposed on

any person who violates, or attempts to violate, any license,

order, or regulation issued under this chapter.

(b) Whoever willfully violates, or willfully attempts to violate,

any license, order, or regulation issued under this chapter shall,

upon conviction, be fined not more than $50,000, or, if a natural

person, may be imprisoned for not more than ten years, or both; and

any officer, director, or agent of any corporation who knowingly

participates in such violation may be punished by a like fine,

imprisonment, or both.

-SOURCE-

(Pub. L. 95-223, title II, Sec. 206, Dec. 28, 1977, 91 Stat. 1628;

Pub. L. 102-393, title VI, Sec. 629, Oct. 6, 1992, 106 Stat. 1773;

Pub. L. 102-396, title IX, Sec. 9155, Oct. 6, 1992, 106 Stat. 1943;

Pub. L. 104-201, div. A, title XIV, Sec. 1422, Sept. 23, 1996, 110

Stat. 2725.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201, Sec. 1422(1), inserted ", or

attempts to violate," after "violates".

Subsec. (b). Pub. L. 104-201, Sec. 1422(2), inserted ", or

willfully attempts to violate," after "violates".

1992 - Subsec. (a). Pub. L. 102-396 substituted "$10,000" for

"$50,000".

Pub. L. 102-393 substituted "$50,000" for "$10,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1956; title 22

sections 2778, 7108.

-End-

-CITE-

50 USC Sec. 1706 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1706. Savings provisions

-STATUTE-

(a) Termination of national emergencies pursuant to National

Emergencies Act

(1) Except as provided in subsection (b) of this section,

notwithstanding the termination pursuant to the National

Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency

declared for purposes of this chapter, any authorities granted by

this chapter, which are exercised on the date of such termination

on the basis of such national emergency to prohibit transactions

involving property in which a foreign country or national thereof

has any interest, may continue to be so exercised to prohibit

transactions involving that property if the President determines

that the continuation of such prohibition with respect to that

property is necessary on account of claims involving such country

or its nationals.

(2) Notwithstanding the termination of the authorities described

in section 101(b) of this Act, any such authorities, which are

exercised with respect to a country on the date of such termination

to prohibit transactions involving any property in which such

country or any national thereof has any interest, may continue to

be exercised to prohibit transactions involving that property if

the President determines that the continuation of such prohibition

with respect to that property is necessary on account of claims

involving such country or its nationals.

(b) Congressional termination of national emergencies by concurrent

resolution

The authorities described in subsection (a)(1) of this section

may not continue to be exercised under this section if the national

emergency is terminated by the Congress by concurrent resolution

pursuant to section 202 of the National Emergencies Act [50 U.S.C.

1622] and if the Congress specifies in such concurrent resolution

that such authorities may not continue to be exercised under this

section.

(c) Supplemental savings provisions; supersedure of inconsistent

provisions

(1) The provisions of this section are supplemental to the

savings provisions of paragraphs (1), (2), and (3) of section

101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of paragraphs (A), (B),

and (C) of section 202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of

the National Emergencies Act.

(2) The provisions of this section supersede the termination

provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II

[50 U.S.C. 1621 et seq.] of the National Emergencies Act to the

extent that the provisions of this section are inconsistent with

these provisions.

(d) Periodic reports to Congress

If the President uses the authority of this section to continue

prohibitions on transactions involving foreign property interests,

he shall report to the Congress every six months on the use of such

authority.

-SOURCE-

(Pub. L. 95-223, title II, Sec. 207, Dec. 28, 1977, 91 Stat. 1628.)

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsecs. (a)(1) and

(c)(2), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as

amended, which is classified principally to chapter 34 (Sec. 1601

et seq.) of this title. Title II of the National Emergencies Act is

classified generally to subchapter II (Sec. 1621 et seq.) of

chapter 34 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1601 of

this title and Tables.

Section 101(b) of this Act, referred to in subsec. (a)(2), is

section 101(b) of Pub. L. 95-223, which is set out as a note under

section 5 of the Appendix to this title.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (d) of this section is listed

as the 11th item on page 27), see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance.

-End-

-CITE-

50 USC Sec. 1707 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1707. Multinational economic embargoes against governments in

armed conflict with the United States

-STATUTE-

(a) Policy on the establishment of embargoes

It is the policy of the United States, that upon the use of the

Armed Forces of the United States to engage in hostilities against

any foreign country, the President shall, as appropriate -

(1) seek the establishment of a multinational economic embargo

against such country; and

(2) seek the seizure of its foreign financial assets.

(b) Reports to Congress

Not later than 20 days after the first day of the engagement of

the United States in hostilities described in subsection (a) of

this section, the President shall, if the armed conflict has

continued for 14 days, submit to Congress a report setting forth -

(1) the specific steps the United States has taken and will

continue to take to establish a multinational economic embargo

and to initiate financial asset seizure pursuant to subsection

(a) of this section; and

(2) any foreign sources of trade or revenue that directly or

indirectly support the ability of the adversarial government to

sustain a military conflict against the United States.

-SOURCE-

(Pub. L. 106-65, div. A, title XII, Sec. 1231, Oct. 5, 1999, 113

Stat. 788.)

-COD-

CODIFICATION

This section enacted as part of the National Defense

Authorization Act for Fiscal Year 2000, and not as part of the

International Emergency Economic Powers Act which comprises this

chapter.

-End-