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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


 

- - - - - - -


 

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




 

OFAC'S FAX-ON-DEMAND SERVICE


 

OFAC's automated fax-on-demand service is free and is available 24

hours a day, seven days a week, by dialing 202/622-0077 from any

touchtone phone and following voice prompts. OFAC documents kept

up to date on the system include all those available at this Web

site as well as notices, licensing guidelines, and copies of

Federal Register notices (often including notices filed, but not

yet printed in the Federal Register). The "Index of Available

Documents" is date-specific.


 

User comments on the usefulness and accuracy of the various

versions of the SDN list are welcomed. Call OFAC Compliance at

202/622-2490, press the comment button on the Home Page, or contact

us through <dennis.wood@do.treas.gov>..