Executive Order 13372 of February 16, 2005
Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions
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, as amended (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), 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,
I, George W. Bush, President of the United States of America, in order to clarify the steps taken in Executive Order 12947 of January 23, 1995, as amended by Executive Order 13099 of August 20, 1998; and Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, in particular with respect to the implementation of section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), hereby order:
Section 1.
Section 4 of Executive Order 13224 is hereby amended to read as follows:
"Sec. 4. 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 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 I 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. 2.
Section 3 of Executive Order 12947 is hereby amended to read as follows:
"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 or interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1."
Sec. 3.
(a) 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 and the 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 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.
(b) Nothing contained in this order shall relieve a person from any requirement to obtain a license or other authorization in compliance with applicable laws and regulations.
(c) Amendments to Executive Orders made by this order shall take effect as of the date of this order.
Sec. 4.
This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person.
Sec. 5.
This order shall be transmitted to the Congress and published in the Federal Register.
George W. Bush
The White House,
Washington, February 16, 2005.
1) This EO attends to various technical matters in connection with other EOs having already established national emergencies and blocking authorities.
2) 594.201 of the GTSR implements EO 13224 (2001) as amended by EO 13268 (2002) and EO 13372 (2005).
The GTSR have yet to be amended to implement EO 13886 - Modernizing Sanctions to Combat Terrorism (2019), which substantially amends Sec. 1 of this EO, in part by adding FFI-based CAPTA sanctions for banks engaging in significant transactions with SDGTs.
See comment to 594.201 for discussion on the relationship between the four EOs referred to above and GTSR, as well as the designation criteria that appear in this EO (as amended by EO 13886).
3) Read in conjunction with Executive Order 12947 of January 23, 1995, which was the basis for the Terrorism Sanctions Regulations (TSR). This EO excludes donations from the otherwise-applicable IEEPA-based exemptions of the TSR. However, in 2019, EO 12947, and the national emergency declared therein, were revoked by Executive Order 13886 (Modernizing Sanctions to Combat Terrorism). Even though EO 13886 "build[s] upon the initial steps taken in Executive Order 12947," that EO is of no continuing legal relevance, and the revocation of EO 12947 has effectively terminated the TSR. While this EO was not explicitly revoked by EO 13886, the revocation of EO 12947 nullifies any legal effect this EO had with respect to EO 12947. The portion of the EO pertaining to EO 13224 remains valid. On Mar. 10, 2020, OFAC removed the TSR from the CFR (see https://home.treasury.gov/system/files/126/fr85_13746.pdf).