For Immediate Release Office of the
Press Secretary 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
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(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.
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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.
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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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