BULLETIN FROM THE OFFICE OF FOREIGN ASSETS CONTROL (for immediate
implementation) - September 24, 2001
The President has issued a new Executive Order targeting terrorists
and a number of new names have been added to OFAC's SDN List under
the Order. Their assets need to be blocked and immediate notice
given to OFAC. Banks should call OFAC's Hotline if they have any
hits or questions. All of OFAC's informational material will be
updated as soon as possible.
EXECUTIVE ORDER
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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.
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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