[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Presidential Documents]
[Pages 41243-41245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17264]




Presidential Documents



Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 /
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 41243]]

Executive Order 13619 of July 11, 2012


Blocking Property of Persons Threatening the
Peace, Security, or Stability 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.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.),
section 212(f) of the Immigration and Nationality Act
of 1952, as amended (8 U.S.C. 1182(f)), and section 301
of title 3, United States Code,

I, BARACK OBAMA, President of the United States of
America, hereby modify the scope of the national
emergency declared in Executive Order 13047 of May 20,
1997, as modified in scope in Executive Order 13448 of
October 18, 2007, and relied upon for additional steps
taken in Executive Order 13310 of July 28, 2003,
Executive Order 13448 of October 18, 2007, and
Executive Order 13464 of April 30, 2008. The Government
of Burma has made progress towards political reform in
a number of areas, including by releasing hundreds of
political prisoners, pursuing ceasefire talks with
several armed ethnic groups, and pursuing a substantive
dialogue with the democratic opposition. Recognizing
that such reform is fragile, I hereby find that the
continued detention of political prisoners, efforts to
undermine or obstruct the political reform process,
efforts to undermine or obstruct the peace process with
ethnic minorities, military trade with North Korea, and
human rights abuses in Burma particularly in ethnic
areas, effectuated by persons within or outside the
Government of Burma, constitute an unusual and
extraordinary threat to the national security and
foreign policy of the United States. Accordingly, I
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 foreign 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 or at the recommendation of the
Secretary of State:

(i) to have engaged in acts that directly or indirectly threaten the peace,
security, or stability of Burma, such as actions that have the purpose or
effect of undermining or obstructing the political reform process or the
peace process with ethnic minorities in Burma;

(ii) to be responsible for or complicit in, or responsible for ordering,
controlling, or otherwise directing, or to have participated in, the
commission of human rights abuses in Burma;

(iii) to have, directly or indirectly, imported, exported, reexported, sold
or supplied arms or related materiel from North Korea or the Government of
North Korea to Burma or the Government of Burma;

(iv) to be a senior official of an entity that has engaged in the acts
described in subsection (a)(i)-(iii) of this section;

(v) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, the acts described in subsection (a)(i)-(iii) of this section
or any person whose property and interests in property are blocked pursuant
to this order; or

[[Page 41244]]

(vi) 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.

(b) The prohibitions in subsection (a) of this
section 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. 2. I hereby amend: (a) Executive Order 13464 of
April 30, 2008, by removing ``logistical, or
technical'' in section 1(b)(ii) and replacing it with
``or technological''; and

(b) Executive Order 13448 of October 18, 2007, by
removing ``logistical, or technical'' in section
1(b)(iv) and replacing it with ``or technological.''

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
13047, as modified in scope in Executive Order 13448
and in this order, 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. I hereby find that the unrestricted immigrant
and nonimmigrant entry into the United States of aliens
determined to meet one or more of the criteria in
subsection 1(a) of this order would be detrimental to
the interests of the United States, and I hereby
suspend entry into the United States, as immigrants or
nonimmigrants, of such persons. Such persons shall be
treated as persons covered by section 1 of Proclamation
8693 of July 24, 2011 (Suspension of Entry of Aliens
Subject to United Nations Security Council Travel Bans
and International Emergency Economic Powers Act
Sanctions).

Sec. 6. Nothing in section 1 of this order, section 1
of Executive Order 13464 of April 30, 2008, section 1
of Executive Order 13448 of October 18, 2007, sections
1 through 3 of Executive Order 13310 of July 28, 2003,
or sections 1 and 2 of Executive Order 13047 shall
prohibit transactions for the conduct of the official
business of the United States Government by employees,
grantees, or contractors thereof, except to the extent
that engaging in such transactions would require the
issuance of a statutory waiver and such a waiver is not
issued.

Sec. 7. (a) Any transaction 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. 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; and
(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.

Sec. 9. For those persons whose property and interests
in property are blocked pursuant to this order who
might have a constitutional presence

[[Page 41245]]

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 13047, as modified in scope in Executive Order
13448 and in this order, 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.


(Presidential Sig.)

THE WHITE HOUSE,

Washington, July 11, 2012.

[FR Doc. 2012-17264
Filed 7-12-12; 8:45 am]
Billing code 3295-F2-P