[Federal Register: January 21, 2009 (Volume 74, Number 12)]
[Presidential Documents]
[Page 3957-3958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja09-156]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 3957]]
Presidential Determination No. 2009-11 of January 15,
2009
Limited Waiver of Certain Sanctions Imposed by,
and Delegation of Certain Authorities Pursuant to, the
Tom Lantos Block Burmese JADE (Junta's Anti-Democratic
Efforts) Act of 2008
Memorandum for the Secretary of State [and] the
Secretary of the Treasury
By the authority vested in me as President by the
Constitution and laws of the United States, including
the Tom Lantos Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2008 (Public Law 110-286)
(JADE Act) and section 301 of title 3, United States
Code, in order to ensure that the United States
Government's sanctions against the Burmese leadership
and its supporters continue to be implemented
effectively, to allow the reconciliation of measures
applicable to persons sanctioned under the JADE Act
with measures applicable to the same persons sanctioned
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), and to allow for the
implementation of additional appropriate sanctions:
(1) I hereby waive, pursuant to section 5(i) of the
JADE Act, the provisions of section 5(b) of the JADE
Act with respect to those persons described in section
5(a)(1) of the JADE Act who are not included on the
Department of the Treasury's List of Specially
Designated Nationals and Blocked Persons. Because the
imposition of effective and meaningful blocking
sanctions requires the identification of those
individuals and entities targeted for sanction and the
authorization of certain limited exceptions to the
prohibitions and restrictions that would otherwise
apply, I hereby determine and certify that such a
limited waiver is in the national interest of the
United States.
(2) I hereby delegate to the Secretary of the Treasury
the waiver authority set forth in section 5(i) of the
JADE Act, including the authority to invoke or revoke
the waiver with respect to any person or persons or any
transaction or category of transactions or prohibitions
by making the necessary determination and certification
regarding the national interest of the United States
set forth in that section. I hereby direct the
Secretary of the Treasury, after consultation with the
Secretary of State and with necessary support from the
Intelligence Community, as defined in section 3(4) of
the National Security Act of 1947, as amended (50
U.S.C. 401a(4)), to continue to target aggressively the
Burmese regime and its lines of support. I further
delegate to the Secretary of the Treasury the authority
to take such actions as may be necessary to carry out
the purposes of section 5(b) of the JADE Act. 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. The
authorities delegated to the Secretary of the Treasury
under this memorandum shall be exercised after
consultation with the Secretary of State.
[[Page 3958]]
(3) I authorize the Secretary of State, after
consultation with the Secretary of the Treasury, to
take such actions as may be necessary to make the
submissions to the appropriate congressional committees
pursuant to section 5(d) of the JADE Act.
I hereby authorize and direct the Secretary of the
Treasury to report this determination to the
appropriate congressional committees and to publish it
in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, January 15, 2009
[FR Doc. E9-1362
Filed 1-16-09; 11:15 am]
Billing code 4811-33-P