Termination of Emergency With Respect to the Actions and Policies of the Government of Burma
Signed October 7, 2016·Barack Obama·81 FR 70593
Source
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Plain-language summary
Terminates the national emergency declared in 1997 regarding actions and policies of the Government of Burma, and revokes Executive Orders 13047, 13310, 13448, 13464, 13619, and 13651, citing Burma's democratic progress including the 2015 elections and formation of a civilian-led government. States that ending the emergency does not affect prior actions, pending proceedings, or rights and penalties that already applied. Waives sanctions under section 5(b) of the Tom Lantos Block Burmese JADE Act, finding it in the national interest to do so. Lifts related suspensions on entry into the United States for immigrants and nonimmigrants who had been restricted under the revoked orders and a related presidential proclamation, meaning those individuals are no longer barred on that basis. Clarifies that it creates no enforceable legal rights against the United States or its officials, and takes effect at 1:00 p.m. eastern daylight time on October 7, 2016.
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 (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104-208), the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61), the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the “JADE Act”), section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)) (INA), and section 301 of title 3, United States Code.
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.
Disposition
Revokes: EO 13047, May 20, 1997; EO 13310, July 28, 2003; EO 13448, October 18, 2007; EO 13464, April 30, 2008; EO 13619, July 11, 2012 See: EO 13651, August 6, 2013; Proc. 8693
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The order, in full
Executive Order 13742 of October 7, 2016
Termination of Emergency With Respect to the
Actions and Policies of the Government of Burma
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.), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section
570 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (Public Law
104-208), the Burmese Freedom and Democracy Act of 2003
(Public Law 108-61), the Tom Lantos Block Burmese JADE
(Junta's Anti-Democratic Efforts) Act of 2008 (Public
Law 110-286) (the “JADE Act”), section 212(f) of the
Immigration and Nationality Act of 1952, as amended (8
U.S.C. 1182(f)) (INA), and section 301 of title 3,
United States Code.
I, BARACK OBAMA, President of the United States of
America, find that the situation that gave rise to the
declaration of a national emergency in Executive Order
13047 of May 20, 1997, with respect to the actions and
policies of the Government of Burma, in particular a
deepening pattern of severe repression by the State Law
and Order Restoration Council, the then-governing
regime in Burma, as modified in scope by Executive
Order 13448 of October 18, 2007, and Executive Order
13619 of July 11, 2012, has been significantly altered
by Burma's substantial advances to promote democracy,
including historic elections in November 2015 that
resulted in the former opposition party, the National
League for Democracy, winning a majority of seats in
the national parliament and the formation of a
democratically elected, civilian-led government; the
release of many political prisoners; and greater
enjoyment of human rights and fundamental freedoms,
including freedom of expression and freedom of
association and peaceful assembly. Accordingly, I
hereby terminate the national emergency declared in
Executive Order 13047, and revoke that order, Executive
Order 13310 of July 28, 2003, Executive Order 13448,
Executive Order 13464 of April 30, 2008, Executive
Order 13619, and Executive Order 13651 of August 6,
2013, and further order:
Section 1. Pursuant to section 202(a) of the NEA (50
U.S.C. 1622(a)), termination of the national emergency
declared in Executive Order 13047, as modified in scope
by Executive Order 13448, and Executive Order 13619,
shall not affect any action taken or proceeding pending
not finally concluded or determined as of the effective
date of this order, any action or proceeding based on
any act committed prior to the effective date of this
order, or any rights or duties that matured or
penalties that were incurred prior to the effective
date of this order.
Sec. 2. Pursuant to section 5(i) of the JADE Act, I
hereby determine and certify that it is in the national
interest of the United States to waive, and hereby
waive, the sanctions described in section 5(b) of the
JADE Act.
Sec. 3. In light of the revocation of Executive Order
13310, Executive Order 13448, and Executive Order
13464, the suspension of entry as immigrants and
nonimmigrants, pursuant to Presidential Proclamation
8693 of July 24, 2011, and section 212(f) of the INA,
of individuals meeting the criteria in said orders will
no longer be in effect as of the effective date of this
order. In light of the revocation of Executive Order
13619, the suspension of entry as immigrants and
nonimmigrants of individuals meeting the criteria
in that order will no longer be in effect as of the
effective date of this order and such individuals will
no longer be treated as persons covered by Presidential
Proclamation 8693.
Sec. 4. 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. 5. This order is effective at 1:00 p.m. eastern
daylight time on October 7, 2016.
(Presidential Sig.)
THE WHITE HOUSE,
October 7, 2016.Reproduced from the Federal Register plain-text record, signed October 7, 2016. Typesetting artifacts are removed; no wording is changed.