For Immediate Release
Office of the Press Secretary
June 29, 2005
Executive Order: Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters
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.), and section 301 of title 3,
United States Code,
I, George W. Bush, President of the United States of America, in order to
take additional steps with respect to the national emergency described and
declared in Executive Order 12938 of November 14, 1994, regarding the
proliferation of weapons of mass destruction and the means of delivering
them, and the measures imposed by that order, as expanded by Executive
Order 13094 of July 28, 1998, 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 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,
are blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary of State, in
consultation with the Secretary of the Treasury, the Attorney General, and
other relevant agencies, to have engaged, or attempted to engage, in
activities or
transactions that have materially contributed to, or
pose a risk of materially contributing to, the proliferation of weapons of
mass destruction or their means of delivery (including missiles capable of
delivering such weapons), including any efforts to manufacture, acquire,
possess, develop, transport, transfer or use such items, by any person or
foreign country of proliferation concern;
(iii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Attorney General, and other
relevant agencies, to have provided, or attempted to provide, financial,
material, technological or other support for, or goods or services in
support of, any activity or transaction described in paragraph (a)(ii) of
this section, or any person whose property and interests in property are
blocked pursuant to this order; and
(iv) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Attorney General, and other
relevant agencies, to be owned or controlled by, or acting or purporting 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) Any transaction or dealing by a United States person or within the
United States in property or interests in property blocked pursuant to this
order is prohibited, including, but 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.
(c) 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.
(d) Any conspiracy formed to violate the prohibitions set forth in this
order is prohibited.
Sec. 2. 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. 3. I hereby determine that the making of donations of the type of
articles 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
12938, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 4. Section 4(a) of Executive Order 12938, as amended, is further
amended to read as follows:
"Sec. 4. Measures Against Foreign Persons.
(a) Determination by Secretary of State; Imposition of Measures. Except
to the extent provided in section 203(b) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)), where applicable, if the Secretary
of State, in consultation with
the Secretary of the Treasury, determines that a foreign person,
on or after November 16, 1990, the effective date of Executive Order 12735,
the predecessor order to Executive Order 12938, has engaged, or attempted
to engage, in activities or transactions that have materially contributed
to, or pose a risk of materially contributing to, the proliferation of
weapons of mass destruction or their means of delivery (including missiles
capable of
delivering such weapons), including any efforts to manufacture, acquire,
possess, develop, transport, transfer, or use such items, by any person or
foreign country of proliferation concern, the measures set forth in
subsections (b), (c), and (d) of this section
shall be imposed on that foreign person to the extent determined by the
Secretary of State, in consultation with the implementing agency and other
relevant agencies. Nothing in this section is
intended to preclude the imposition on that foreign person of other
measures or sanctions available under this order or under other
authorities."
Sec. 5. For those persons whose property and interests in property are
blocked pursuant to section 1 of 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
12938, as amended, there need be no prior notice of a listing or
determination made pursuant to section 1 of this order.
Sec. 6. 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 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. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to determine, subsequent to the issuance of
this order, that circumstances no longer warrant the inclusion of a person
in the Annex to this order and that the property and interests in property
of that person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. This order is not intended to, 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. 9. (a) This order is effective at 12:01 a.m. eastern daylight time
on June 29, 2005.
(b) This order shall be transmitted to the Congress and published in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
June 28, 2005.
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ANNEX
Korea Mining Development Trading Corporation
Tanchon Commercial Bank
Korea Ryonbong General Corporation
Aerospace Industries Organization
Shahid Hemmat Industrial Group
Shahid Bakeri Industrial Group
Atomic Energy Organization of Iran
Scientific Studies and Research Center
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