[House Document 112-50]
[From the U.S. Government Publishing Office]
112th Congress, 1st Session - - - - - - - - - House Document 112-50
NOTIFICATION THAT AN EXECUTIVE ORDER WAS ISSUED BLOCKING PROPERTY OF
THE GOVERNMENT OF SYRIA AND PROHIBITING CERTAIN TRANSACTIONS WITH
RESPECT TO SYRIA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO
BLOCKING PROPERTY TO THE GOVERNMENT OF SYRIA AND PROHIBITING CERTAIN
TRANSACTIONS WITH RESPECT TO SYRIA, PURSUANT TO 50 U.S.C. 1703
August 19, 2011.--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) and in light of the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003
(Public Law 108-175) (SAA), I hereby report that I have issued
an Executive Order (the ``order'') that takes additional steps
with respect to the Government of Syria's continuing escalation
of violence against the people of Syria and with respect to the
national emergency declared in Executive Order 13338 of May 11,
2004, as modified in scope and relied upon for additional steps
taken in Executive Order 13399 of April 25, 2006, Executive
Order 13460 of February 13, 2008, Executive Order 13572 of
April 29, 2011, and Executive Order 13573 of May 18, 2011.
In Executive Order 13338, the President found that the
actions of the Government of Syria constitute an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States and declared a national
emergency to deal with that threat. To address that threat and
to implement the SAA, the President in Executive Order 13338
blocked the property of certain persons and imposed additional
prohibitions on certain transactions with respect to Syria. In
Executive Order 13572, I expanded the scope of that national
emergency and imposed additional sanctions.
The order blocks the property and interests in property of
the Government of Syria. The order also provides criteria for
designations of persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services in support of, any person
whose property and interests in property are blocked
pursuant to the order; or
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 the order.
The order also prohibits the following:
new investment in Syria by a United States
person, wherever located;
the exportation, reexportation, sale, or
supply, directly or indirectly, from the United States,
or by a United States person, wherever located, of any
services to Syria;
the importation into the United States of
petroleum or petroleum products of Syrian origin;
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 petroleum or petroleum products of Syrian origin;
and
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 section 2 of the order if performed by a United
States person or within the United States.
I have delegated to the Secretary of the Treasury the
authority, in consultation with the Secretary of State, 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 the purposes of the
order.
All agencies of the United States Government are directed
to take all appropriate measures within their authority to
carry out the provisions of the order.
I am enclosing a copy of the Executive Order I have issued.
Barack Obama.
The White House, August 17, 2011.
Executive Order
----------
Blocking Property of the Government of Syria and Prohibiting Certain
Transactions With Respect to Syria
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, BARACK OBAMA, President of the United States of America,
in order to take additional steps with respect to the
Government of Syria's continuing escalation of violence against
the people of Syria and with respect to the national emergency
declared in Executive Order 13338 of May 11, 2004, as modified
in scope and relied upon for additional steps taken in
Executive Order 13399 of April 25, 2006, Executive Order 13460
of February 13, 2008, Executive Order 13572 of April 29, 2011,
and Executive Order 13573 of May 18, 2011, hereby order:
Section 1. (a) 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 any United States person, including any overseas
branch, of the Government of Syria are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in.
(b) 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
any United States person, including any overseas branch, of the
following persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in: any person
determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(i) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services in support of, any person
whose property and interests in property are blocked
pursuant to this order; or
(ii) 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 this order.
Sec. 2. The following are prohibited:
(a) new investment in Syria by a United States person,
wherever located;
(b) the exportation, reexportation, sale, or supply,
directly or indirectly, from the United States, or by a United
States person, wherever located, of any services to Syria;
(c) the importation into the United States of petroleum or
petroleum products of Syrian origin;
(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 petroleum or petroleum products
of Syrian origin; and
(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 section if performed by a United
States person or within the United States.
Sec. 3. 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 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
13338 and expanded in scope in Executive Order 13572, and I
hereby prohibit such donations as provided by section 1 of this
order.
Sec. 4. The prohibitions in section 1 of this order include
but are not limited to:
(a) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 5. The prohibitions in sections 1 and 2 of this order
apply except to the extent provided by statutes, or 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.
Sec. 6. (a) Any transaction by a United States person or
within the United States that evades or avoids, has the purpose
of evading or avoiding, causes a violation of, 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. 7. Nothing in sections 1 or 2 of this order shall
prohibit transactions for the conduct of the official business
of the Federal Government by employees, grantees, or
contractors thereof.
Sec. 8. 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;
(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 Syria'' means the Government
of the Syrian Arab Republic, its agencies, instrumentalities,
and controlled entities.
Sec. 9. For those persons whose property and interests in
property are blocked pursuant to 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 those measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
Executive Order 13338 and expanded in scope in Executive Order
13572, there need be no prior notice of a listing or
determination made pursuant to section 1 of this order.
Sec. 10. 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 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. 11. 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 against the United
States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
Sec. 12. This order is effective at 12:01 a.m. eastern
daylight time on August 18, 2011.
Barack Obama.
The White House, August 17, 2011.