Skip to comments.Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq
Posted on 07/19/2007 1:17:36 PM PDT by Rodney King
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, as amended (50 U.S.C. 1701 et seq.)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.)(NEA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, find that, due to the unusual and extraordinary threat to the national security and foreign policy of the United States posed by acts of violence threatening the peace and stability of Iraq and undermining efforts to promote economic reconstruction and political reform in Iraq and to provide humanitarian assistance to the Iraqi people, it is in the interests of the United States to take additional steps with respect to the national emergency declared in Executive Order 13303 of May 22, 2003, and expanded in Executive Order 13315 of August 28, 2003, and relied upon for additional steps taken in Executive Order 13350 of July 29, 2004, and Executive Order 13364 of November 29, 2004. I hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), 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 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, 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withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense,
(i) to have committed, or to pose a significant risk of committing, an act or acts of violence that have the purpose or effect of:
(A) threatening the peace or stability of Iraq or the Government of Iraq; or
(B) undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people;
(ii) to have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, such an act or acts of violence or any person whose property and interests in property are blocked pursuant to this order; or
(iii) 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 include, but are not limited to, (i) 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 (ii) the
receipt of any contribution or provision of funds, goods, or services from any such person.
Sec. 2. (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 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, 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. 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, to, or for the benefit of, any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13303 and expanded in Executive Order 13315, and I hereby prohibit such donations as provided by section 1 of this order.
Sec. 5. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence 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 these measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13303 and expanded in Executive Order 13315, there need be no prior notice of a listing or determination made pursuant to section 1(a) of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense, 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 and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken.
Sec. 7. 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. 8. This order is not intended to, and does not, create any right, benefit, or privilege, 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.
GEORGE W. BUSH
THE WHITE HOUSE,
July 17, 2007.
In other words, don't worry about the Constitution, trust the government.
bump for your interest.
Does this mean President Bush now owns the Sheehan House in Crawford?
I still have to let my attorney tell me what all this really means, but it almost sounds like 52 US Senators are going to have their land seized by the federal government.
I’ll take “Who is John Galt” for $500 Alex ...
That was just a joke, because I do actually believe in the protections provided by the Constitution.
wow. the president cannot suspend the 5th amendment. Time to get a new AG to advise the President. Gonzales seems to think that the Amendments were made to be tossed aside.
this won’t pass constitutional muster. not by a long shot
You forgot to press #1.
R.I.P - 5th Amendment - 7/17/07
No wonder he wants the Japanese to pay for their oil with Yen.
some in this administration consider the Constitution “quaint and outdated”....
Exactly what I was thinking........Ayn Rand was a prophetess.......
Frightening. One can only hope it will be knocked down quickly.
IE, the Executive branch is given power to make laws that are necessary for it to enforce other areas of the Constitution.
Not defending, just discussing..
“The question is, who decides who is helping terrorists? According to this EO, the executive, not the judicial branch, does”
Clearly it should be the executive branch. The judicial branch is not fighting the WOT.
It will never stand.
so he’s going after about half of congress, right?
You’ve made ma laff SGX. You’re sig line made me laff, your response made me laff.
I always like to tell people if their humor has boosted my day. ;)
My thoughts exactly. I suppose all of code pink, John Mutha, et al.’s assets can now be seized?
Ha! Very good!
Maybe its just me and my realistic way of thinking that is wrong.....but we (society) know less that .001% of what goes on in the world. So I am thinking there is a reason for this. I am thinking the reasons are decided by very smart men that DO know whats going on.
I am setting in a cubicle diagnosing a man’s computer fault codes in his car from 600 miles away and typing in a forum. Thats why I don’t judge things like this. Cawz I don’t know what or why it was done. I do know that it was done by people a hellofa lot smarter than me.
I’m guessing Iran owns some land in the United States?
LOL!!!!!!!!!!!!!!!!!!!!!!!! I wish that were true!
“Does this include Democrats?”
Thanks... glad I could help
No, left! LOL
Over 4 years of fighting and now this...
About damn time.
Excellent point.. to bad knee jerk is usually the rule of the day.. I also wonder if this is simply a reauthorization or updating something that has gone back to Lincoln like other article like this ended up being..
No wonder Mexico is so filthy. Everybody who does cleaning jobs is HERE!......Great tagline!
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Perhaps a bit technical, but it seems to me that one could argue both sides.
I haven’t any idea what the man is saying, but I kinda get the idea that he is Pi——d with someone. Perhaps reinstating the Sedition Act would fill the bill for grabbing AQ supporters in legislators clothing.
Wow. That is completely unConstitutional.
Constitution has been in perpetual suspension since the 40s... every president declares a state of emergency, which grants them powers... we’ve been perpetually in this state for 60+ years if memory serves.
A good post to bring that up. It would seem to me that allowing the President to do things to enforce the consitution would precisely not allow him to do things that violate the consitution.
Internment Camps? Somebody translate?
That says that the 5th amendment doesn't apply to soldiers i.e. you can execute deserters on the spot.
Don't see how this applies to taking citizens stuff without so much as a hearing.
Maybe Searchlight Nevada is about to become a national asset.
Well, I understand your point, but, if you get your bank accounts frozen and then can't pay your mortgage, I think you'd have a different view.
Finally, a Totalitarian United States, now if only I can come into power somehow I can solve all of our problems.
I'd like to see that precedent. But, even if you are correct, the fact that the courts rule it might be ok doesn't mean its ok, morally speaking.
Good luck getting Title Insurance on property you are buying from a person with a middle-eastern name.
WWLD (What Would Lincoln Do)?
In other words... trust the executive branch. Wouldn't this argument apply to the whole Bill of Rights? They know what they're doing. If they want to violate our rights, there must be a reason. Trust em.
Sorry to disappoint you, but Bush isn’t trying to crush dissent.
Here’s a link to a post with more details:
U.S. Treasury Designates Syria’s Shawkat as Terror Supporter, January 18, 2006
(Designation freezes all Shawkat’s assets under U.S. control)
The U.S. Treasury Department January 18 designated Syrian Military Intelligence Director Assef Shawkat as a supporter of terrorism for his role in Syrian interference in Lebanon and for his support of terrorist activity against Israel.
“As the Director of Syrian Military Intelligence, Shawkat has been a key architect of Syria’s domination of Lebanon, as well as a fundamental contributor to Syria’s long-standing policy to foment terrorism against Israel,” said Stuart Levey, Treasury’s under secretary for terrorism and financial intelligence.
The designation freezes all Shawkats assets under U.S. jurisdiction and prohibits U.S. entities from engaging in transactions with him.
The Treasury Department based its designation on information about the extensive ties Shawkat maintains with Lebanese and Palestinian terrorist organizations as well as his direct role in overseeing Syrias military and security presence in neighboring Lebanon.
Following is the text of the Treasury Departments announcement:
U.S. Department of the Treasury
January 18, 2006
Treasury Designates Director of Syrian Military Intelligence
The U.S. Department of the Treasury today named Assef Shawkat a Specially Designated National (SDN) of Syria pursuant to Executive Order 13338, for directly furthering the Government of Syria’s support for terrorism and interference in the sovereignty of Lebanon.
“As the Director of Syrian Military Intelligence, Shawkat has been a key architect of Syria’s domination of Lebanon, as well as a fundamental contributor to Syria’s long-standing policy to foment terrorism against Israel,” said Stuart Levey, Treasury’s Under Secretary for Terrorism and Financial Intelligence (TFI).
Today’s designation freezes any assets Shawkat may have located under U.S. jurisdiction and prohibits U.S. persons from engaging in transactions with him.
Title: Director of Syrian Military Intelligence
POB: Tartus, Syria
Address: Al-Akkad Street, Damascus, Syria
Major General Assef Shawkat is the Director of Syrian Military Intelligence (SMI), the strongest and most influential security service in Syria. Its broad internal and external responsibilities include working with terrorist organizations resident in Syria and overseeing the Syrian security presence in Lebanon.
In addition to the power he derives from his position, Shawkat also has access to the highest levels of the Syrian power structure by virtue of his marriage to Bushra al-Asad, the sister to Syrian President Bashar al-Assad. Shawkat is a close confidant of President Assad and an important member of his inner circle of advisors.
Through his position as Director of SMI, Shawkat has directed and significantly contributed to the Government of Syria’s support for terrorism, including coordination with Specially Designated Global Terrorists Hizballah, Popular Front for the Liberation of Palestine-General Command (”PFLP-GC”), Hamas, and Palestinian Islamic Jihad (”PIJ”).
Information indicates that in 2005, Shawkat met with Hizballah Secretary General Hasan Nasrallah, PFLP-GC chief Ahmad Jibril, PIJ Secretary General Ramadan Shallah, in addition to Hamas and PIJ officials. Shallah, Jibril and Nasrallah are designated Specially Designated Terrorists pursuant to Executive Order 12947. Shawkat and the officials discussed coordination and cooperation between the terrorist groups. Shawkat and Jibril hoped to ease the freedom of movement for Palestinian terrorist groups, including PFLP-GC in Lebanon, so that the groups could move between Lebanon and Syria, as well as receive weapons and ammunition more easily.
During his tenure as Deputy Director of SMI, Shawkat managed a branch of SMI charged with overseeing liaison relations with major terrorist groups resident in Damascus, including PFLP-GC, Popular Front for the Liberation of Palestine (PFLP), HAMAS, and PIJ. As SMI Deputy, Shawkat helped direct operations against Israel, some of which were coordinated with Palestinian terrorist group leaders, including PFLP-GC leader Ahmad Jibril and PIJ leader Ramadan Shallah.
Information shows that in June 2003, Shawkat, through his position as deputy director of SMI, ordered members of PIJ, Hamas, and PFLP-GC to lower their profiles. The SMI dictated a number of changes that needed to be implemented by the three terrorist groups. The SMI demanded that each of the groups seek approval from Shawkat’s liaison to hold meetings and gatherings inside their respective office spaces. The SMI also demanded that the groups lower their presence and public profile as much as possible. In return, the SMI declared that they would not expel any of the groups’ members from Syrian soil or close offices, provided their demands were met.
Information available to the United States Government indicates that in 1997, Shawkat instructed PIJ Secretary General Ramadan Shallah to surveil strategic targets in a neighboring country to prepare for possible future attacks.
By virtue of his position as SMI Director, Shawkat directs and significantly contributes to the Government of Syria’s military and security presence in Lebanon. SMI is the primary entity responsible for coordinating and implementing Syrian Arab Republic Government’s (SARG) policies in Lebanon. Shawkat has contributed significantly to the SARG’s security presence in Lebanon through his oversight of SMI activities within Lebanon and his direct control over Brigadier General Rustum Ghazali, who commanded SMI activities in Lebanon.
The United States Government designated Rustum Ghazali as a Specially Designated National pursuant to Executive Order 13338 for his role in the SARG’s continued support for terrorism and his contribution to the SARG’s security and military presence in Lebanon.
Background on Executive Order 13338
President George W. Bush signed E.O. 13338 on May 11, 2004 in response to the Syrian government’s continued support of international terrorism, sustained occupation of Lebanon, pursuit of weapons of mass destruction and missile programs and undermining of U.S. and international efforts in Iraq. Syria’s acts threaten the national security, foreign policy and economy of the United States.
The Order declared a national emergency with respect to Syria, and authorized the Secretary of the Treasury to block the property of certain persons and directing other U.S. Government agencies to impose a ban on exports to Syria.
The Treasury may designate individuals and entities found 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;
— Directing or otherwise significantly contributing to the Government of Syria’s military or security presence in Lebanon;
— 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;
— 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
— 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.
Click the following link for further information on the June 30, 2005 designation of two individuals, pursuant to E.O. 13338: http://www.treas.gov/press/releases/js2617.htm.
Click the following link for the full text of E.O. 13338: http://www.whitehouse.gov/news/releases/2004/05/20040511-6.html.