Cite as "AILA InfoNet Doc. No. 03020530 (posted Feb. 5, 2003)"
For Immediate Release
Office of the Press Secretary
The White
House
September 24, 2001
Executive Order on Terrorist Financing
Blocking Property
and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or
Support Terrorism
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 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, and in view of United Nations Security Council Resolution (UNSCR) 1214 of
December 8, 1998, UNSCR 1267 of October 15, 1999, UNSCR 1333 of December 19,
2000, and the multilateral sanctions contained therein, and UNSCR 1363 of July
30, 2001, establishing a mechanism to monitor the implementation of UNSCR 1333,
I, GEORGE W. BUSH, President of the United States of America, find that grave
acts of terrorism and threats of terrorism committed by foreign terrorists,
including the terrorist attacks in New York, Pennsylvania, and the Pentagon
committed on September 11, 2001, acts recognized and condemned in UNSCR 1368 of
September 12, 2001, and UNSCR 1269 of October 19, 1999, and the continuing and
immediate threat of further attacks on United States nationals or the United
States constitute an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States, and in furtherance of my
proclamation of September 14, 2001, Declaration of National Emergency by Reason
of Certain Terrorist Attacks, hereby declare a national emergency to deal with
that threat. I also find that because of the pervasiveness and expansiveness of
the financial foundation of foreign terrorists, financial sanctions may be
appropriate for those foreign persons that support or otherwise associate with
these foreign terrorists. I also find that a need exists for further
consultation and cooperation with, and sharing of information by, United States
and foreign financial institutions as an additional tool to enable the United
States to combat the financing of terrorism.
I hereby order:
Section 1. Except to the extent required by section 203(b) of IEEPA (50
U.S.C. 1702(b)), or provided 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, all property and interests in property of the following persons that
are in the United States or that hereafter come within the United States, or
that hereafter come within the possession or control of United States persons
are blocked:
(a) foreign persons listed in the Annex to this order;
(b) foreign persons determined by the Secretary of State, in consultation
with the Secretary of the Treasury and the Attorney General, to have committed,
or to pose a significant risk of committing, acts of terrorism that threaten the
security of U.S. nationals or the national security, foreign policy, or economy
of the United States;
(c) persons determined by the Secretary of the Treasury, in consultation with
the Secretary of State and the Attorney General, to be owned or controlled by,
or to act for or on behalf of those persons listed in the Annex to this order or
those persons determined to be subject to subsection 1(b), 1(c), or 1(d)(i) of
this order;
(d) except as provided in section 5 of this order and after such
consultation, if any, with foreign authorities as the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney General, deems
appropriate in the exercise of his discretion, persons determined by the
Secretary of the Treasury, in consultation with the Secretary of State and the
Attorney General;
(i) to assist in, sponsor, or provide financial, material, or technological
support for, or financial or other services to or in support of, such acts of
terrorism or those persons listed in the Annex to this order or determined to be
subject to this order; or
(ii) to be otherwise associated with those persons listed in the Annex to
this order or those persons determined to be subject to subsection 1(b), 1(c),
or 1(d)(i) of this order. Sec.
2. Except to the extent required by section 203(b) of IEEPA (50 U.S.C.
1702(b)), or provided 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:
(a) any transaction or dealing by United States persons or within the United
States in property or interests in property blocked pursuant to this order is
prohibited, including but not limited to the making or receiving of any
contribution of funds, goods, or services to or for the benefit of those persons
listed in the Annex to this order or determined to be subject to this order;
(b) any transaction by any United States person or within the United States
that evades or avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is prohibited; and
(c) any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, corporation, or other
organization, group, or subgroup;
(c) the term "United States person" means any United States citizen,
permanent resident alien, entity organized under the laws of the United States
(including foreign branches), or any person in the United States; and
(d) the term "terrorism" means an activity that --
(i) involves a violent act or an act dangerous to human life, property, or
infrastructure; and
(ii) appears to be intended --
(A) to intimidate or coerce a civilian population;
(B) to influence the
policy of a government by intimidation or coercion; or
(C) to affect the
conduct of a government by mass destruction, assassination, kidnapping, or
hostage-taking.
Sec. 4. I hereby determine that the making of donations of the type specified
in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by United States persons to
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 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. 5. With respect to those persons designated pursuant to subsection 1(d)
of this order, the Secretary of the Treasury, in the exercise of his discretion
and in consultation with the Secretary of State and the Attorney General, may
take such other actions than the complete blocking of property or interests in
property as the President is authorized to take under IEEPA and UNPA if the
Secretary of the Treasury, in consultation with the Secretary of State and the
Attorney General, deems such other actions to be consistent with the national
interests of the United States, considering such factors as he deems
appropriate.
Sec. 6. The Secretary of State, the Secretary of the Treasury, and other
appropriate agencies shall make all relevant efforts to cooperate and coordinate
with other countries, including through technical assistance, as well as
bilateral and multilateral agreements and arrangements, to achieve the
objectives of this order, including the prevention and suppression of acts of
terrorism, the denial of financing and financial services to terrorists and
terrorist organizations, and the sharing of intelligence about funding
activities in support of terrorism.
Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of
State and the Attorney General, 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 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.
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. 8. Nothing in this order is intended to affect the continued
effectiveness of any rules, regulations, orders, licenses, or other forms of
administrative action issued, taken, or continued in effect heretofore or
hereafter under 31 C.F.R. chapter V, except as expressly terminated, modified,
or suspended by or pursuant to this order.
Sec. 9. Nothing contained in this order is intended to create, nor does it
create, any right, benefit, or privilege, substantive or procedural, enforceable
at law by a party against the United States, its agencies, officers, employees
or any other person.
Sec. 10. For those persons listed in the Annex to this order or determined to
be subject to 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. 11. (a) This order is effective at 12:01 a.m. eastern daylight time on
September 24, 2001.
(b) This order shall be transmitted to the Congress and published in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
September 23, 2001.
ANNEX
Al Qaida/Islamic Army
Abu Sayyaf Group
Armed Islamic Group (GIA)
Harakat ul-Mujahidin (HUM)
Al-Jihad (Egyptian Islamic Jihad)
Islamic Movement of Uzbekistan (IMU)
Asbat al-Ansar Salafist Group for Call and Combat (GSPC)
Libyan Islamic Fighting Group
Al-Itihaad al-Islamiya (AIAI)
Islamic Army of Aden
Usama bin Laden
Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri)
Sayf al-Adl
Shaykh Sai'id (aka, Mustafa Muhammad Ahmad)
Abu Hafs the Mauritanian (aka, Mahfouz Ould al-Walid, Khalid Al- Shanqiti)
Ibn Al-Shaykh al-Libi
Abu Zubaydah (aka, Zayn al-Abidin Muhammad Husayn, Tariq)
Abd al-Hadi al-Iraqi (aka, Abu Abdallah)
Ayman al-Zawahiri
Thirwat Salah Shihata
Tariq Anwar al-Sayyid Ahmad (aka, Fathi, Amr al-Fatih)
Muhammad Salah (aka, Nasr Fahmi Nasr Hasanayn)
Makhtab Al-Khidamat/Al Kifah
Wafa Humanitarian Organization
Al Rashid Trust
Mamoun Darkazanli Import-Export Company
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