[DOCID: f:hd066.110]
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110th Congress, 1st Session - - - - - - - - - - - - - House Document 110-66
EXPANSION OF THE NATIONAL EMERGENCY WITH RESPECT TO BURMA
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF THE EXPANSION OF THE SCOPE OF THE NATIONAL EMERGENCY
DECLARED WITH RESPECT TO BURMA DECLARED IN EXECUTIVE ORDER 13047 OF MAY
20, 1997, PURSUANT TO 50 U.S.C. 1622(d)
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
October 22, 2007.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have
issued an Executive Order (the ``Order'') that expands the
scope of the national emergency declared in Executive Order
13047 of May 20, 1997, and takes additional steps with respect
to that national emergency.
In 1997, the United States put in place a prohibition on
new investment in Burma in response to the Government of
Burma's large-scale repression of the democratic opposition in
that country. On July 28, 2003, those sanctions were expanded
by steps taken in Executive Order 13310, which contained
prohibitions implementing sections 3 and 4 of the Burmese
Freedom and Democracy Act of 2003 (Public Law 108-61) and
supplemented that Act with additional restrictions. I have now
determined that the Government of Burma's continued repression
of the democratic opposition in Burma, manifested most recently
in the violent response to peaceful demonstrations, the
commission of human rights abuses related to political
repression, and engagement in public corruption, including by
diverting or misusing Burmese public assets or by misusing
public authority, warrant an expansion of the existing
sanctions.
The order incorporates existing designation criteria set
forth in Executive Order 13310, authorizing the Secretary of
the Treasury, after consultation with the Secretary of State,
to designate any person determined to be a senior official of
the Government of Burma, the State Peace and Development
Council of Burma, the Union Solidarity and Development
Association of Burma, or any successor entity to any of the
foregoing. The order blocks the property and interests in
property in the United States of persons listed in the Annex to
the order and provides additional criteria for designations of
persons determined by the Secretary of the Treasury, after
consultation with the Secretary of State, to be responsible
for, or to have participated in, human rights abuses related to
political repression in Burma; to be engaged, or to have
engaged, in activities facilitating public corruption by senior
officials of the Government of Burma; to have materially
assisted, sponsored, or provided financial, material,
logistical, or technical support for, or goods or services in
support of, the Government of Burma, the State Peace and
Development Council of Burma, the Union Solidarity and
Development Association of Burma, any successor entity to any
of the foregoing, any senior official of any of the foregoing,
or any person whose property and interests in property are
blocked pursuant to Executive Order 13310 or section 1(b)(i)-
(v) of the order; to be owned or controlled by, or to have
acted or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in property
are blocked pursuant to Executive Order 13310 or section
1(b)(i)-(v) of the order; or to be a spouse or dependent child
of any person whose property and interests in property are
blocked pursuant to the order or Executive Order 13310.
The order leaves in place the existing prohibitions on new
investment, the exportation or reexportation to Burma of
financial services, and the importation of any article that is
a product of Burma, which were put into effect in Executive
Order 13047 and Executive Order 13310.
I delegated to the Secretary of the Treasury, after
consultation with the Secretary of State, the authority to take
such actions, including the promulgation of rules and
regulations, and to employ all powers granted to the President
by IEEPA and section 4 of the Burmese Freedom and Democracy Act
of 2003 as may be necessary to carry out the purposes of the
order.
I am enclosing a copy of the Executive Order I have issued.
George W. Bush.
The White House, October 18, 2007.
Executive Order
----------
Blocking Property and Prohibiting Certain Transactions Related to Burma
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), the Burmese Freedom and Democracy Act of
2003 (Public Law 108-61, as amended, 50 U.S.C. 1701 note), and
section 301 of title 3, United States Code, and in order to
take additional steps with respect to the Government of Burma's
continued repression of the democratic opposition in Burma,
I, GEORGE W. BUSH, President of the United States of
America, hereby expand the scope of the national emergency
declared in Executive Order 13047 of May 20, 1997, and relied
upon for additional steps taken in Executive Order 13310 of
July 28, 2003, finding that the Government of Burma's continued
repression of the democratic opposition in Burma, manifested
most recently in the violent response to peaceful
demonstrations, the commission of human rights abuses related
to political repression, and engagement in public corruption,
including by diverting or misusing Burmese public assets or by
misusing public authority, constitute an unusual and
extraordinary threat to the national security and foreign
policy of the United States, and I hereby order:
Section 1. 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), or regulations, orders,
directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any
license or permit granted prior to 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 attached and made a
part of this order; and
(b) any person determined by the Secretary of the Treasury,
after consultation with the Secretary of State:
(i) to be a senior official of the Government of
Burma, the State Peace and Development Council of
Burma, the Union Solidarity and Development Association
of Burma, or any successor entity to any of the
foregoing;
(ii) to be responsible for, or to have participated
in, human rights abuses related to political repression
in Burma;
(iii) to be engaged, or to have engaged, in
activities facilitating public corruption by senior
officials of the Government of Burma;
(iv) to have materially assisted, sponsored, or
provided financial, material, logistical, or technical
support for, or goods or services in support of, the
Government of Burma, the State Peace and Development
Council of Burma, the Union Solidarity and Development
Association of Burma, any successor entity to any of
the foregoing, any senior official of any of the
foregoing, or any person whose property and interests
in property are blocked pursuant to Executive Order
13310 or section 1(b)(i)-(v) of this order;
(v) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to Executive' Order 13310
or section 1(b)(i)-(v) of this order; or
(vi) to be a spouse or dependent child of any person
whose property and interests in property are blocked
pursuant to this order or Executive Order 13310.
Sec. 2. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(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; and
(d) the term ``Government of Burma'' means the Government
of Burma (sometimes referred to as Myanmar), its agencies,
instrumentalities and controlled entities, and the Central Bank
of Burma.
Sec. 4. I hereby determine that the making of donations of
the type specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of, persons whose
property and interests in property are blocked pursuant to
section 1 of this order would seriously impair my ability to
deal with the national emergency declared in Executive Order
13047, and relied upon for additional steps taken in Executive
Order 13310, and expanded in this order, and hereby prohibit
such donations as provided by section 1 of this order.
Sec. 5. For those persons whose property and interests in
property are blocked pursuant to section 1 of this order who
might have a constitutional presence in the United States, I
find that because of the ability to transfer funds or other
assets instantaneously, prior notice to such persons of
measures to be taken pursuant to this order would render these
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in Executive Order 13047, and relied upon for
additional steps taken in Executive Order 13310, and expanded
in this order, there need be no prior notice of a listing or
determination made pursuant to this order.
Sec. 6. The Secretary of the Treasury, after 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
section 4 of the Burmese Freedom and Democracy Act of 2003 as
may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government
consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of
this order.
Sec. 7. The Secretary of the Treasury, after consultation
with the Secretary of State, is authorized to determine,
subsequent to the effective date of this order, that
circumstances no longer warrant inclusion of a person in the
Annex to this order and that the property and interests in
property of that person are therefore no longer blocked
pursuant to section 1 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
CFR chapter V, except as expressly terminated, modified, or
suspended by or pursuant to this order.
Sec. 9. This order is hot intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its
officers or employees, or any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern
daylight time on October 19, 2007.
George W. Bush.
The White House, October 18, 2007.
ANNEX
Individuals
1. Tay ZA; Managing Director, Htoo Trading Company Limited;
Chairman, Air Bagan Holdings Pte. Limited (d.b.a. Air
Bagan); Managing Director, Pavo Trading Pte. Ltd.; DOB
Jul 18, 1967; nationality, Burma
2. Pye Phyo Tay ZA; DOB Jan 29, 1987; nationality, Burma
3. Thidar ZAW; DOB Feb 24, 1962; nationality, Burma
4. Htay MYINT; Chairman, Yuzana Company Limited; DOB Feb 6,
1955; nationality, Burma
5. Khin SHWE; President, Zay Gabar Company; DOB Jan 21, 1952;
nationality, Burma
Entities
1. Htoo Trading Company Limited; Yangon, Burma
2. Pavo Trading Pte. Ltd.; Singapore
3. Air Bagan Holdings Pte Ltd. (d.b.a. Air Bagan); Singapore
4. Air Bagan Limited (d.b.a. Air Bagan); Burma
5. Htoo Wood Products Pte. Limited; Singapore; Yangon, Burma
6. Yuzana Company Limited (a.k.a. Yuzana Construction); Yangon,
Burma
7. Zay Gabar Company (a.k.a. Zaykabar Company); Burma
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