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,

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,
(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;
(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 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.