[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR13348]
EO 13348
Blocking Property of Certain Persons and Prohibiting the Importation of
Certain Goods from Liberia
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.) (NEA), section 5 of the United Nations Participation
Act, 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 Resolutions 1521 of December 22, 2003, and
1532 of March 12, 2004,
I, GEORGE W. BUSH, President of the United States of America,
note that the actions and policies of former Liberian
President Charles Taylor and other persons, in particular
their unlawful depletion of Liberian resources and their
removal from Liberia and secreting of Liberian funds and
property, have undermined Liberia's transition to democracy
and the orderly development of its political, administrative,
and economic institutions and resources. I further note that
the Comprehensive Peace Agreement signed on August 18, 2003,
and the related ceasefire have not yet been universally
implemented throughout Liberia, and that the illicit trade in
round logs and timber products is linked to the proliferation
of and trafficking in illegal arms, which perpetuate the
Liberian conflict and fuel and exacerbate other conflicts
throughout West Africa. I find that the actions, policies, and
circumstances described above constitute an unusual and
extraordinary
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threat to the foreign policy of the United States and hereby
declare a national emergency to deal with that threat. To
address 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)), 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, are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of State:
(A)
to be or have been an immediate family member of Charles Taylor;
(B)
to have been a senior official of the former Liberian regime headed by
Charles Taylor or otherwise to have been or be a close ally or associate of
Charles Taylor or the former Liberian regime;
(C)
to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of, the
unlawful depletion of Liberian resources, the removal of Liberian resources
from that country, and the secreting of Liberian funds and property by any
person whose property and interests in property are blocked pursuant to
this order; or
(D)
to be owned or controlled by, or acting or purporting to act for or on
behalf of, directly or indirectly, any person whose property and interests
in property are blocked pursuant to this order.
(b) 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)) by, to, or for the benefit of, any person
whose property or interests in property are blocked pursuant
to paragraph (a) of this section would seriously impair my
ability to deal with the national emergency declared in this
order, and I hereby prohibit such donations as provided by
paragraph (a) of this section.
(c) The prohibitions in paragraph (a) of this section include,
but are not limited to,
(i) the making of any contribution or provision 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. 2. 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, the direct or indirect importation into the United
States of any round log or timber product originating in
Liberia is prohibited.
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Sec. 3. (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. 4. 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 ``round log or timber product'' means any product
classifiable in Chapter 44 of the Harmonized Tariff Schedule
of the United States.
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 this order, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
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 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, 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 Secretary of the Treasury in a timely manner of
the measures taken.
Sec. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby 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 IEEPA,
50 U.S.C. 1703(c).
Sec. 8. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to determine,
subsequent to the issuance of this order, that circumstances
no longer warrant the 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. 9. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable
at law or in equity by any party
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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 July 23, 2004.
Sec. 11. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush
The White House,
July 22, 2004.
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TD27JY04.023
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TD27JY04.024
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TD27JY04.025
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Executive Order 13349 of July 23, 2004