[House Document 108-184]
[From the U.S. Government Publishing Office]
108th Congress 2d Session - - - - - - - - - - - - House Document 108-184
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO SYRIA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE THREAT
CONSTITUTED BY CERTAIN ACTIONS OF THE GOVERNMENT OF SYRIA. FURTHER, IN
ACCORDANCE WITH SUBSECTION 5(b) OF THE SYRIA ACCOUNTABILITY AND
LEBANESE SOVEREIGNTY RESTORATION ACT OF 2003 (SAA), PUB. L. 108-175,
THIS MESSAGE ALSO CONSTITUTES THE REPORT ON THE EXERCISE OF THE WAIVER
AUTHORITY PURSUANT TO THAT STATUTE, PURSUANT TO 50 U.S.C. 1703(b)
May 17, 2004.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Consistent with subsection 204(b) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and
section 301 of the National Emergencies Act, 50 U.S.C. 1631, I
hereby report that I have issued an Executive Order (order) in
which I declared a national emergency with respect to the
threat constituted by certain actions of the Government of
Syria. Further, in accordance with subsection 5(b) of the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003
(SAA), Public Law 108-175, this message also constitutes the
report on my exercise of the waiver authority pursuant to that
statute.
On December 12, 2003, I signed into law the SAA in order to
strengthen the ability of the United States to effectively
confront the threat to U.S. national security posed by Syria's
support for terrorism, its military presence in Lebanon, its
pursuit of weapons of mass destruction, and its actions to
undermine U.S. and international efforts with respect to the
stabilization and reconstruction of Iraq. These policies by the
Government of Syria directly threaten regional stability and
undermine the U.S. goal of a comprehensive Middle East peace.
Despite many months of diplomatic efforts to convince the
Government of Syria to change its behavior, Syria has not taken
significant, concrete steps to address the full range of U.S.
concerns, which were clearly conveyed by Secretary of State
Powell to Syrian President Asad in May 2003. I find the
actions, policies, and circumstances described above
sufficiently grave to constitute a threat to the national
security, foreign policy, and economy of the United States, and
thus have declared a national emergency to address that threat.
In implementation of subsection 5(a) of the SAA, in the
order I directed that action be taken to prohibit the export to
Syria of products of the United States other than food and
medicine, including but not limited to items on the United
States Munitions List or Commerce Control List, and I
prohibited commercial air services between Syria and the United
States by aircraft of any air carrier owned or controlled by
Syria, as well as certain non-traffic stops by such aircraft.
It is important to the national security interests of the
United States, however, that certain discrete categories of
exports continue in order to support activities of the United
States Government and United Nations agencies, to facilitate
travel by United States persons, for certain humanitarian
purposes, to help maintain aviation safety, and to promote the
exchange of information. Also, it is important to U.S. national
security interests that aviation-related sanctions take into
account humanitarian and diplomatic concerns as well as the
international obligations of the United States.
Accordingly, I have waived the application of subsections
5(a)(1) and 5(a)(2)(A) of the SAA to permit the export and
reexport of: products in support of activities of the United
States Government to the extent that such exports would not
otherwise fall within my constitutional authority to conduct
the Nation's foreign affairs and protect national security;
medicines on the Commerce Control List and medical devices;
aircraft parts and components for purposes of flight safety;
exports and reexports consistent with the 5(a)(2)(D) waiver
outlined below; information and informational materials, as
well as telecommunications equipment and associated items to
promote the free flow of information; certain software and
technology; products in support of United Nations operations;
and, certain exports and reexports of a temporary nature. These
items are further identified in the Department of Commerce's
General Order No. 2, as issued consistent with my order. I have
also waived the application of subsection 5(a)(2)(D) to permit
the following with respect to aircraft of any air carrier owned
or controlled by Syria: takeoffs or landings of such aircraft
when chartered by the Government of Syria to transport Syrian
government officials to the United States on official Syrian
government business; takeoffs or landings for non-traffic stops
of such aircraft that are not engaged in scheduled
international air services; takeoffs and landings associated
with an emergency; and overflights of U.S. territory.
George W. Bush.
The White House, May 11, 2004.
Executive Order
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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 toeffective
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 anyof 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.
George W. Bush.
The White House, May 11, 2004.