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" 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 Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003, Public Law 108-175
(the "SAA"), and section 301 of title 3, United
States Code,
I, GEORGE W. BUSH, President of the United States of America,
hereby determine that the actions of the Government of Syria
in supporting terrorism, continuing its occupation of Lebanon,
pursuing weapons of mass destruction and missile programs,
and undermining United States and international efforts with
respect to the stabilization and reconstruction of Iraq constitute
an unusual and extraordinary threat to the national security,
foreign policy and economy of the United States and hereby
declare a national emergency to deal with that threat. To
address that threat, and to implement the SAA, I hereby order
the following:
Section 1. (a) The Secretary of State shall not permit the
exportation or reexportation to Syria of any item on the United
States Munitions List (22 C.F.R. part 121).
(b) Except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to the
provisions of this order in a manner consistent with the SAA,
and notwithstanding any license, permit, or authorization
granted prior to the effective date of this order, (i) the
Secretary of Commerce shall not permit the exportation or
reexportation to Syria of any item on the Commerce Control
List (15 C.F.R. part 774); and (ii) with the exception of
food and medicine, the Secretary of Commerce shall not permit
the exportation or reexportation to Syria of any product of
the United States not included in section 1(b)(i) of this
order.
(c) No other agency of the United States Government shall
permit the exportation or reexportation to Syria of any product
of the United States, except to the extent provided in regulations,
orders, directives, or licenses that may be issued pursuant
to this order in a manner consistent with the SAA, and notwithstanding
any license, permit, or authorization granted prior to the
effective date of this order.
Sec. 2. The Secretary of Transportation shall not permit any
air carrier owned or controlled by Syria to provide foreign
air transportation as defined in 49 U.S.C. 40102(a)(23), except
that he may, to the extent consistent with Department of Transportation
regulations, permit such carriers to charter aircraft to the
Government of Syria for the transport of Syrian government
officials to and from the United States on official Syrian
government business. In addition, the Secretary of Transportation
shall prohibit all takeoffs and landings in the United States,
other than those associated with an emergency, by any such
air carrier when engaged in scheduled international air services.
Sec. 3. (a) Except to the extent provided in section 203(b)(1),
(3) and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3) and (4)),
and the Trade Sanctions Reform and Export Enhancement Act
of 2000 (title IX, Public Law 106-387) (TSRA), or regulations,
orders, directives or licenses that may be issued pursuant
to this order, and notwithstanding any contract entered into
or any license or permit granted prior to 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: persons who are determined by the Secretary of the Treasury,
in consultation with the Secretary of State,
(i) to be or to have been directing or otherwise significantly
contributing to the Government of Syria's provision of safe
haven to or other support for any person whose property or
interests in property are blocked under United States law
for terrorism-related reasons, including, but not limited
to, Hamas, Hizballah, Palestinian Islamic Jihad, the Popular
Front for the Liberation of Palestine, the Popular Front for
the Liberation of Palestine - General Command, and any persons
designated pursuant to Executive Order 13224 of September
23, 2001;
(ii) to be or to have been directing or otherwise significantly
contributing to the Government of Syria's military or security
presence in Lebanon;
(iii) to be or to have been directing or otherwise significantly
contributing to the Government of Syria's pursuit of the development
and production of chemical, biological, or nuclear weapons
and medium- and long-range surface-to-surface missiles;
(iv) to be or to have been directing or otherwise significantly
contributing to any steps taken by the Government of Syria
to undermine United States and international efforts with
respect to the stabilization and reconstruction of Iraq; or
(v) to be owned or controlled by, or acting or purporting
to act for or on behalf of, directly or indirectly, any person
whose property or interests in property are blocked pursuant
to this order.
(b) The prohibitions in paragraph (a) of this section include,
but are not limited to, (i) the making of any contribution
of funds, goods, or services by, to, or for the benefit of
any person whose property or interests in property are blocked
pursuant to this order; and (ii) the receipt of any contribution
or provision of funds, goods, or services from any such person.
Sec. 4. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate the prohibitions set
forth in this order is prohibited.
Sec. 5. I hereby determine that the making of donations
of the type of articles specified in section 203(b)(2) of
IEEPA (50 U.S.C. 1702(b)(2)) would seriously impair the ability
to deal with the national emergency declared in this order,
and hereby prohibit (i) the exportation or reexportation of
such donated articles to Syria as provided in section 1(b)
of this order; and (ii) the making of such donations by, to,
or for the benefit of any person whose property and interests
in property are blocked pursuant to section 3 of this order.
Sec. 6. For purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(c) the term "United States person" means any
United States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including foreign branches), or any person
in the United States;
(d) the term "Government of Syria" means the Government
of the Syrian Arab Republic, its agencies, instrumentalities
and controlled entities; and
(e) the term "product of the United States" means:
for the purposes of subsection 1(b), any item subject to the
Export Administration Regulations (15 C.F.R. parts 730 - 774);
and for the purposes of subsection 1(c), any item subject
to the export licensing jurisdiction of any other United States
Government agency.
Sec. 7. With respect to the prohibitions contained in section
1 of this order, consistent with subsection 5(b) of the SAA,
I hereby determine that it is in the national security interest
of the United States to waive, and hereby waive application
of subsection 5(a)(1) and subsection 5(a)(2)(A) of the SAA
so as to permit the exportation or reexportation of certain
items as specified in the Department of Commerce's General
Order No. 2 to Supplement No. 1, 15 C.F.R. part 736, as issued
consistent with this order and as may be amended pursuant
to the provisions of this order and in a manner consistent
with the SAA. This waiver is made pursuant to the SAA only
to the extent that regulation of such exports or reexports
would not otherwise fall within my constitutional authority
to conduct the Nation's foreign affairs and protect national
security.
Sec. 8. With respect to the prohibitions contained in section
2 of this order, consistent with subsection 5(b) of the SAA,
I hereby determine that it is in the national security interest
of the United States to waive, and hereby waive, application
of subsection 5(a)(2)(D) of the SAA insofar as it pertains
to: aircraft of any air carrier owned or controlled by Syria
chartered by the Syrian government for the transport of Syrian
government officials to and from the United States on official
Syrian government business, to the extent consistent with
Department of Transportation regulations; takeoffs or landings
for non-traffic stops of aircraft of any such air carrier
that is not engaged in scheduled international air services;
takeoffs and landings associated with an emergency; and overflights
of United States territory.
Sec. 9. I hereby direct the Secretary of State to take such
actions, including the promulgation of rules and regulations,
as may be necessary to carry out subsection 1(a) of this order.
I hereby direct the Secretary of Commerce, in consultation
with the Secretary of State, to take such actions, including
the promulgation of rules and regulations, as may be necessary
to carry out subsection 1(b) of this order. I direct the Secretary
of Transportation, in consultation with the Secretary of State,
to take such actions, including the promulgation of rules
and regulations, as may be necessary to carry out section
2 of this order. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take
such actions, including the promulgation of rules and regulations,
and to employ all powers granted to the President by IEEPA
as may be necessary to carry out sections 3, 4, and 5 of this
order. The Secretaries of State, Commerce, Transportation,
and the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government
consistent with applicable law. The Secretary of State, in
consultation with the Secretaries of Commerce, Transportation
and the Treasury, as appropriate, is authorized to exercise
the functions and authorities conferred upon the President
in subsection 5(b) of the SAA and to redelegate these functions
and authorities consistent with applicable law. All agencies
of the United States Government are hereby directed to take
all appropriate measures within their authority to carry out
the provisions of this order and, where appropriate, to advise
the Secretaries of State, Commerce, Transportation, and the
Treasury in a timely manner of the measures taken.
Sec. 10. This order is not intended to create, and does
not create, any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, instrumentalities, or entities,
its officers or employees, or any other person.
Sec. 11. For those persons whose property or interests in
property are blocked pursuant to section 3 of this order who
might have a constitutional presence in the United States,
I find that because of the ability to transfer funds or assets
instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render these measures
ineffectual. I therefore determine that for these measures
to be effective in addressing the national emergency declared
in this order, there need be no prior notice of a listing
or determination made pursuant to this order.
Sec. 12. The Secretary of the Treasury, in consultation
with the Secretary of State, is authorized to submit the recurring
and final reports to the Congress on the national emergency
declared in this order, consistent with section 401(c) of
NEA, 50 U.S.C. 1641(c), and section 204(c) of the IEEPA, 50
U.S.C. 1703(c).
Sec. 13. (a) This order is effective at 12:01 eastern daylight
time on May 12, 2004; (b) This order shall be transmitted
to the Congress and published in the Federal Register."
OFAC has updated its industry overviews for the Financial
Community and for Exporters
& Importers and published a new
program brochure on Syria
.
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