Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions
Signed February 16, 2005·George W. Bush·70 FR 8499
Source
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Plain-language summary
Amends Executive Order 13224 and Executive Order 12947, both dealing with blocking property of persons linked to terrorism, to clarify rules on donations of articles covered by section 203(b)(2) of the International Emergency Economic Powers Act. It determines that donations of such articles to, by, or for the benefit of persons blocked under these orders would impair the President's ability to manage the related national emergencies and are therefore prohibited. It also states that the Trade Sanctions Reform and Export Enhancement Act of 2000 does not limit agricultural or medical sanctions on persons subject to Executive Order 13224 when imminent hostilities involving U.S. Armed Forces are indicated. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to issue rules and regulations to implement the order, and may delegate these functions. All federal agencies are directed to take appropriate measures to carry out its provisions. The amendments take effect immediately, and the order creates no enforceable legal rights for outside parties.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
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, as amended (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 of 1945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code,Continues into the order’s findings — show 79 more wordsHide the findings
I, GEORGE W. BUSH, President of the United States of America, in order to clarify the steps taken in Executive Order 12947 of January 23, 1995, as amended by Executive Order 13099 of August 20, 1998; and Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, in particular with respect to the implementation of section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), hereby order
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds. This one runs on from its citations into the findings it recites, which is how the order is drafted; the fold above is ours, and the text behind it is unaltered.
Disposition
Amends: EO 12947, January 23, 1995; EO 13224, September 23, 2001; See: EO 13099, August 20, 1998; EO 13268, July 2, 2002; EO 13284, January 23, 2003
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13372 of February 16, 2005
Clarification of Certain Executive Orders
Blocking Property and Prohibiting Certain Transactions
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, as amended (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 of 1945, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, in order to clarify the steps taken in
Executive Order 12947 of January 23, 1995, as amended
by Executive Order 13099 of August 20, 1998; and
Executive Order 13224 of September 23, 2001, as amended
by Executive Order 13268 of July 2, 2002, and Executive
Order 13284 of January 23, 2003, in particular with
respect to the implementation of section 203(b)(2) of
IEEPA (50 U.S.C. 1702(b)(2)), hereby order:
Section 1. Section 4 of Executive Order 13224 is hereby
amended to read as follows:
“Sec. 4. 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 persons determined to be
subject to this order would seriously impair my ability
to deal with the national emergency declared in this
order, and would endanger Armed Forces of the United
States that are in a situation where imminent
involvement in hostilities is clearly indicated by the
circumstances, and I hereby prohibit such donations as
provided by section 1 of this order. Furthermore, I
hereby determine that the Trade Sanctions Reform and
Export Enhancement Act of 2000 (Title IX, Public Law
106-387) shall not affect the imposition or the
continuation of the imposition of any unilateral
agricultural sanction or unilateral medical sanction on
any person determined to be subject to this order
because imminent involvement of the Armed Forces of the
United States in hostilities is clearly indicated by
the circumstances.”
Sec. 2. Section 3 of Executive Order 12947 is hereby
amended to read as follows:
“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 or
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 this order, and
I hereby prohibit such donations as provided by section
1.”
Sec. 3. (a) 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 the
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.
(b) Nothing contained in this order shall relieve a
person from any requirement to obtain a license or
other authorization in compliance with applicable laws
and regulations.
(c) Amendments to Executive Orders made by this
order shall take effect as of the date of this order.
Sec. 4. This order is not intended to, and does not,
create any right, benefit, or privilege, substantive or
procedural, enforceable at law or in equity by a party
against the United States, its departments, agencies,
entities, officers, employees, or agents, or any other
person.
Sec. 5. This order shall be transmitted to the Congress
and published in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
Washington, February 16, 2005.Reproduced from the Federal Register plain-text record, signed February 16, 2005. Typesetting artifacts are removed; no wording is changed.