11 May 2004
Bush Orders Sanctions Imposed on Syria
Says Syrian actions pose threat to U.S. national security interests
President Bush has ordered sanctions be imposed against Syria in response to Syria's support for terrorist groups, its continued military presence in Lebanon, its pursuit of weapons of mass destruction and its actions undermining efforts to stabilize and reconstruct Iraq.
"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," Bush said in a letter to Congress May 11.
The president informed Congress that he has signed an executive order declaring a national emergency to address the threat posed by Syria and invoking the sanctions contained in the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003.
A fact sheet released by the White House says the sanctions involve:
-- Prohibiting the export to Syria of any items on the U.S. munitions list, such as arms and defense weapons, ammunition, or items on the U.S. Commerce Department's list of items with dual civilian-military applications, such as certain chemicals, nuclear technology, propulsion equipment, or lasers;
-- Banning the export to Syria of U.S. products other than food or medicine;
-- Prohibiting aircraft owned or controlled by the Syrian government to take off or land in the United States;
-- Requiring U.S. financial institutions to sever correspondent accounts with the Commercial Bank of Syria based on money-laundering concerns; and
-- Freezing the assets of certain Syrian individuals and government entities within U.S. jurisdiction.
Following are the texts of the president's executive order, his letter to Congress and the fact sheet concerning the Syria Accountability Act:
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THE WHITE HOUSE
Office of the Press Secretary
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 106387) (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 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, 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 any of 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.
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THE WHITE HOUSE
Office of the Press Secretary
May 11, 2004
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.
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THE WHITE HOUSE
Office of the Press Secretary
May 11, 2004
FACT SHEET
Implementing the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003
Today's Presidential Action
President Bush today signed an Executive Order implementing sanctions on Syria pursuant to the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ("the Act"). With the implementation of these sanctions, the President has demonstrated U.S. resolve to address the Syrian government's support for terrorist groups, its continued 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.
Implementation of sanctions comes after many months of diplomatic efforts to convince the Syrian government to change its unacceptable behavior. Secretary Powell conveyed U.S. concerns to Syrian President Asad repeatedly, including in their May 2003 meeting. The Syrian government has failed to take significant, concrete steps to address these concerns.
The sanctions include:
-- Prohibition on the export to Syria of any items that appear on the United States Munitions List (arms and defense weapons, ammunition, etc.) or Commerce Control List (dual-use items such as chemicals, nuclear technology, propulsion equipment, lasers, etc.);
-- Prohibition on the export to Syria of products of the United States, other than food and medicine; and
-- Prohibition on aircraft of any air carrier owned or controlled by the Syrian government to take off from or land in the United States.
Under the authority provided in Section 5(b) of the Act, the President has determined that it is in the national security interest of the United States to waive the application of these sanctions in certain cases and for certain products, as specified in the Department of Commerce's General Order No. 2.
In addition to the sanctions provided for under the Act, the President has decided to impose additional sanctions.
-- Under Section 311 of the USA PATRIOT Act, the Secretary of the Treasury is to issue a notice of proposed rulemaking with respect to a measure to require U.S. financial institutions to sever correspondent accounts with the Commercial Bank of Syria based on money laundering concerns.
-- Pursuant to the International Emergency Economic Powers Act (IEEPA), the President has authorized the Secretary of the Treasury, in consultation with the Secretary of State, to freeze, within the jurisdiction of the United States, assets that belong to certain Syrian individuals and government entities.
The President will consider additional sanctions against the Government of Syria if it does not take serious and concrete steps to cease its support for terrorist groups, terminate its weapons of mass destruction programs, withdraw its troops from Lebanon, and cooperate fully with the international community in promoting the stabilization and reconstruction of Iraq.
Syria's Record
Terrorism: The Government of Syria provides safe haven to Palestinian rejectionist groups, whose Damascus-based leaderships maintain operational ties with those who conduct acts of terror and violence against Israel. Syria supports and facilitates arms supplies to Hizballah, a terrorist organization that is involved in terrorist acts in the region and around the world. These terrorist groups actively undermine the U.S. goal of a comprehensive peace in the Middle East.
Lebanon: Syrian troops entered Lebanon in 1976. Today, Syria maintains a military presence in Lebanon inconsistent with the spirit of the 1989 Taif Accords, which called for the extension of Lebanese government control over the entire territory of Lebanon.
Weapons of Mass Destruction: Syria has one of the most advanced Arab state chemical weapons capabilities and it is highly probable that Syria continues to develop an offensive biological weapons capability. It has a stockpile of the nerve agent sarin and has engaged in the research and development of more toxic and persistent nerve agents such as VX. In addition, Syria maintains an inventory of Scud and SS-21 short-range ballistic missiles, and is believed to have chemical warheads available for a portion of its Scud missile force. While Syria is a party to the Non-Proliferation Treaty, it has not yet signed the International Atomic Energy Agency's Additional Protocol, which strengthens the IAEA's investigative powers to verify compliance with nuclear safeguards.
Iraq: On the eve of Operation Iraqi Freedom, Syria sent military supplies to Saddam Hussein's forces. While in recent months Syria has taken steps to close its shared border with Iraq, Syria nevertheless remains a preferred transit point for foreign fighters into Iraq. In addition, Syria has failed to transfer the approximately $200 million in frozen Iraqi assets that remain in Syrian banks to the Development Fund for Iraq (DFI), as required under United Nations Security Council resolution 1483 (2003). Paragraph 23 of that resolution requires Member States to freeze and, unless they are the subject of a prior judicial, administrative, or arbitral lien or judgment, immediately transfer to the DFI funds or other financial assets that belonged to the previous Government of Iraq or its state entities or that were removed from Iraq by Saddam Hussein or other senior officials of his regime and their immediate family members. Syria earned an estimated $3 billion in illicit trade with Iraq in violation of United Nations sanctions.
Background on Syria Accountability Act
In December 2003, the President signed the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, which provides for the imposition of a series of sanctions against Syria.
The Act requires that sanctions be imposed against Syria, absent a determination that Syria meets certain requirements set out in the Act. Section 5(a)(1) of the Act requires the President to prohibit the export of items on the United States Munitions List and Commerce Control List. Section 5(a)(2) of the Act requires the President to choose two or more sanctions from a list of six, specifically:
-- Ban on exports of products of the United States;
-- Ban on U.S. businesses investing or operating in Syria;
-- Restriction on travel of Syrian diplomats to within a 25-mile radius of their posting in the United States;
-- Prohibition on Syrian air carriers from take-off, landing, and overflight of the United States;
-- Reduction of U.S. diplomatic contacts with Syria; or
-- Blocking U.S. persons from engaging in any property transactions with the Syrian government.
The Act provides for waivers of these sanctions if the President determines it is in the "national security interest" of the United States to do so, and the President submits a report to Congress giving reasons for the determination.
In signing the legislation, the President stated that the Executive Branch would construe and implement section 5 of the Act in a manner consistent with the President's Constitutional authority to conduct the Nation's foreign affairs and as Commander in Chief.
The Act requires the Secretary of State to submit an annual report to Congress, beginning in June 2004, on Syria's progress toward meeting the conditions set forth in the Act, any connections between Syrian-based terrorists and terrorist attacks on the United States or its allies, and U.S. efforts against Hizballah and other Syrian-supported terrorist organizations.
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(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
