[House Document 112-26]
[From the U.S. Government Publishing Office]
112th Congress, 1st Session - - - - - - - - - - House Document 112-26
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION THAT THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA,
ORIGINALLY BY EXECUTIVE ORDER 13338, IS TO CONTINUE IN EFFECT BEYOND
MAY 11, 2011, PURSUANT TO 50 U.S.C. 1622(d)
May 23, 2011.--Referred to the Committee on Foreign Affairs and ordered
to be printed
The White House,
Washington, May 18, 2011.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby
report that I have issued an Executive Order (the ``order'')
that takes additional steps with respect to the Government of
Syria's continuous escalation of violence against the people of
Syria--including through attacks on protestors, arrests and
harassment of protestors and political activists, and
repression of democratic change, overseen and executed by
numerous elements of the Syrian government--and with respect to
the national emergency declared in Executive Order 13338 of May
11, 2004, relied upon for additional steps taken in Executive
Order 13399 of April 25, 2006, and in Executive Order 13460 of
February 13, 2008, and expanded in scope in Executive Order
13572 of April 29, 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 Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003 (Public Law 108-175), 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
persons listed in the Annex to the order. The order also
provides criteria for designations, and the resulting blocking
of the property and interests in property, of persons
determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
to be a senior official of the Government of
Syria;
to be an agency or instrumentality of the
Government of Syria, or owned or controlled, directly
or indirectly, by the Government of Syria or by an
official or officials of the Government of Syria;
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.
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. I have also delegated to the Secretary of the Treasury,
in consultation with the Secretary of State, the authority to
determine that circumstances no longer warrant the blocking of
the property and interests in property of a person listed in
the Annex to the order, and to take necessary action to give
effect to that determination.
The order was effective at 1:00 p.m. eastern daylight time
on May 18, 2011. All executive 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.
Sincerely,
Barack Obama.
Executive Order
----------
Blocking Property of Senior Officials of the Government of 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--including through attacks on protestors,
arrests and harassment of protestors and political activists,
and repression of democratic change, overseen and executed by
numerous elements of the Syrian government--and with respect to
the national emergency declared in Executive Order 13338 of May
11, 2004, relied upon for additional steps taken in Executive
Order 13399 of April 25, 2006, and in Executive Order 13460 of
February 13, 2008, and expanded in scope in Executive Order
13572 of April 29, 2011, hereby order:
Section 1. 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:
(a) the persons listed in the Annex to this order; and
(b) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of State:
(i) to be a senior official of the Government of
Syria;
(ii) to be an agency or instrumentality of the
Government of Syria, or owned or controlled, directly
or indirectly, by the Government of Syria or by an
official or officials of the Government of Syria;
(iii) 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
(iv) 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. 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. 3. 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. 4. The prohibitions in section 1 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. 5. (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. 6. 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. 7. 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
ExecutiveOrder 13572, there need be no prior notice of a
listing or determination made pursuant to section 1 of this order.
Sec. 8. 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. 9. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to determine that
circumstances no longer warrant the blocking of the property
and interests in property of a person listed in the Annex to
this order, and to take necessary action to give effect to that
determination.
Sec. 10. 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. 11. This order is effective at 1:00 p.m. eastern
daylight time on May 18, 2011.
Barack Obama.
The White House, May 18, 2011.
ANNEX
Individuals
1. Bashar AL-ASSAD [President of the Syrian Arab Republic,
born September 11, 1965]
2. Farouk AL-SHARA [Vice President, born 1938]
3. Adel SAFAR [Prime Minister, born 1953]
4. Mohammad Ibrahim AL-SHAAR [Minister of the Interior,
born 1950]
5. Ali Habib MAHMOUD [Minister of Defense, born 1939]
6. Abdul Fatah QUDSIYA [Head of Syrian Military
Intelligence, born circa 1950]
7. Mohammed Dib ZAITOUN [Director of Political Security
Directorate, born circa 1952]