Executive Order 13338 of May 11, 2004

[Title 3 CFR 13338]
[Code of Federal Regulations (annual edition) - January 1, 2005 Edition]
[Title 3 - Presidential Documents]
[Executive Order 13338 - Executive Order 13338 of May 11, 2004]
[From the U.S. Government Printing Office]

3Presidential Documents12005-01-012005-01-01falseExecutive Order 13338 of May 11, 200413338Executive Order 13338Presidential Documents
Executive Order 13338 of May 11, 2004

Blocking Property of Certain Persons and Prohibiting the Export of
Certain Goods 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.) (NEA), the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003, Public
Law 108-175 (SAA), and section 301 of title 3, United States Code,

[[Page 169]]

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 the 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,

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(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 the 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;

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(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 the 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

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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 the 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.
George W. Bush
The White House,
May 11, 2004.