Executive Order No. 13382. Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters

• Citation: 70 FR 38567
• Executive Order No.: 13382
• Published date: 01 July 2005
• Date: 28 June 2005
• Section: Presidential Documents
• Issuer: Executive Office of the President

38567
Federal Register 
Presidential Documents
Vol. 70, No. 126
Friday, July 1, 2005
Title 3— 
Executive Order 13382 of June 28, 2005
The President 
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 Emer-
gencies 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 notwith-
standing 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paid, exported, withdrawn, or otherwise dealt in: 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 trans-
actions 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 pursu-
ant 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 
VerDate jul<14>2003 
19:00 Jun 30, 2005
Jkt 205001
PO 00000
Frm 00003
Fmt 4705
Sfmt 4790
E:\FR\FM\01JYE0.SGM
01JYE0

---

38568
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Presidential Documents 
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 meas-
ures to be taken pursuant to this order would render these measures ineffec-
tual. 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 
VerDate jul<14>2003 
19:00 Jun 30, 2005
Jkt 205001
PO 00000
Frm 00004
Fmt 4705
Sfmt 4790
E:\FR\FM\01JYE0.SGM
01JYE0

---

Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Presidential Documents 
38569
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.
W
THE WHITE HOUSE, 
June 28, 2005. 
Billing code 3195–01–P
VerDate jul<14>2003 
19:00 Jun 30, 2005
Jkt 205001
PO 00000
Frm 00005
Fmt 4705
Sfmt 4790
E:\FR\FM\01JYE0.SGM
01JYE0

---

38570
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Presidential Documents 
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
[FR Doc. 05–13214
Filed 6–30–05; 9:31 am] 
Billing code 4810–25–P 
VerDate jul<14>2003 
19:00 Jun 30, 2005
Jkt 205001
PO 00000
Frm 00006
Fmt 4705
Sfmt 4790
E:\FR\FM\01JYE0.SGM
01JYE0

---