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H.Doc.107-193 REPORT ON THE STATUS OF UNITED STATES EFFORTS IN THE GLOBAL WAR ON ...
107th Congress, 2d Session - - - - - - - - - - - House Document 107-192 PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM __________ COMMUNICATION from THE PRESIDENT OF THE UNITED STATES transmitting A 6-MONTH PERIODIC REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO PERSONS WHO COMMIT, THREATEN TO COMMIT, OR SUPPORT TERRORISM THAT WAS DECLARED IN EXECUTIVE ORDER 13224 OF SEPTEMBER 23, 2001, PURSUANT TO 50 U.S.C. 1641(c) AND 50 U.S.C. 1703(c) <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> April 9, 2002.--Referred to the Committee on International Relations and ordered to be printed __________ U.S. GOVERNMENT PRINTING OFFICE 99-011 WASHINGTON : 2002 The White House, Washington, March 20, 2002. Hon. J. Dennis Hastert, Speaker of the House of Representatives, Washington, DC. Dear Mr. Speaker: As required by section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c), I transmit herewith a 6-month periodic report prepared by my Administration on the national emergency with respect to persons who commit, threaten to commit, or support terrorism that was declared in Executive Order 13224 of September 23, 2001. Sincerely, George W. Bush. Periodic Report on the National Emergency With Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism This report to the Congress presents developments over the past 6 months concerning the national emergency with respect to persons who commit, threaten to commit, or support terrorism that was declared in Executive Order 13224 of September 23, 2001. This report is submitted pursuant to section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act (``IEEPA''), 50 U.S.C. 1703(c). 1. On September 23, 2001, Executive Order 13224, ``Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism'' (66 Fed. Reg. 4909, September 25, 2001) (the ``Order'') was signed. The Order, effective 12:01 a.m., EST, September 24, 2001, was issued to deal with the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York and Pennsylvania and against the Pentagon committed on September 11, 2001. These terrorist acts were also condemned in United Nations Security Council Resolutions 1368 of September 12, 2001, and 1373 of September 28, 2001. The Order blocks all property and interests in property within the United States or in the possession or control of U.S. persons, including foreign branches, in which there is an interest of any person listed in the Annex to the Order or subsequently determined to be subject to the Order. The Order further prohibits any transaction or dealing by a U.S. person or by a person within the United States in property or interests in property blocked by the Order, 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 the Order or subsequently determined to be subject to the Order. The Order also prohibits any transaction by a U.S. 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 of the Order, and any conspiracy formed to violate the prohibitions of the Order. A copy of the Order is attached to this report. 2. In the Annex to the Order, the assets of 12 individuals and 15 entities were blocked. Additional individuals and entities have been subsequently designated by the Secretary of State and the Secretary of the Treasury. As of February 15, 2002, the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, has identified 37 individuals and entities who, pursuant to subsection 1(b) of the Order, have been determined 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. In addition, as of February 15, 2002, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, has designated 104 individuals and entities who, pursuant to subsections 1(c) and 1(d) of the Order have been determined: (1) to be owned or controlled by, or to act for or on the behalf of, persons listed in the Annex to the Order or determined to be subject to subsections 1(b), 1(c) or 1(d)(i) of the Order; (2) to assist in, sponsor, or provide financial or other support for, or financial or other services to or in support of, acts of terrorism or persons listed in the Annex or determined to be subject to the Order; or (3) to be otherwise associated with persons listed in the Annex or determined to be subject to subsections 1(b), 1(c), or 1(d)(i) of the Order. Some of these individuals and entities were also previously designated as persons whose property and interests in property are blocked in or pursuant to Executive Order 12947 of January 23, 1995 (60 FR 5079, January 25, 1995), ``Prohibiting Transactions with Terrorists who Threaten to Disrupt the Middle East Peace Process,'' and Executive Order 13099 of August 22, 1998, in which the President took additional steps by amending the Annex of Executive Order 12947 to add four persons or entities, including Usama bin Laden and al-Qaida. Also designated in or pursuant to the Order are 30 Foreign Terrorist Organizations (``FTOs''), previously designated by the Secretary of State under section 219 of the Immigration and Nationality Act, 8 U.S.C. 1189, as amended by the Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-132, 110 Stat. 1247-1258, making these entities subject to an even broader basis for the imposition of sanctions. 3. As of February 15, 2002, the Department of the Treasury's Office of Foreign Assets Control (``OFAC'') has issued 10 licenses under this program. Six licenses authorized the provision of legal services and/or the receipt of payment for such services, three licenses authorized the return of funds after it was determined by OFAC that no Specially Designated Global Terrorist (SDGT) had a property interest in the funds, and one license authorized the payment of specific expenses incurred by the entity prior to the date that its assets were blocked in aid of investigation. 4. Since the signing of the Order, OFAC has emphasized to the financial community the importance of identifying and blocking payments and accounts which contain interests of persons designated under the Order. OFAC has worked very closely with banks, broker-dealers, and others to assure the effectiveness of interdiction software systems to identify payments, other transactions, and accounts, and has fielded thousands of phone calls from the financial community regarding suspect activities, resulting in the blocking of approximately $7.6 million in terrorist-related assets. Between September 24, 2001, and February 15, 2002, OFAC updated its website no less than 26 times to keep the public informed of the latest sanctions developments. This included adding new names to its list of Specially Designated Nationals and Blocked persons and posting special alerts and bulletins. 5. On November 7, 2001, OFAC issued specific blocking notices to nine entities and two individuals located within the United States who were designated under the Order. Of the nine designated entities, three were determined to have ceased operations prior to November 7. OFAC served blocking orders on the six operational entities located in Columbus, Ohio; Dorchester, Massachusetts; Minneapolis, Minnesota; and Seattle, Washington. On December 4, 2001, OFAC issued blocking orders on an entity with locations in Richardson, Texas; Patterson, New Jersey; and Bridgeview, Illinois. As of January 30, 2002, OFAC also blocked, in aid of investigation, specific accounts of one individual and four domestic entities during the pendency of its ongoing investigation for alleged violations of IEEPA. OFAC also blocked, in aid of investigation, all financial assets and business records of two domestic entities during the pendency of similar on-going investigations. As of February 15, 2002, there have been two lawsuits filed in federal district court challenging implementation of certain aspects of the Order. 6. The expenses incurred by the Federal Government in the 6-month period from September 24, 2001, through March 23, 2002, that are directly attributable to the exercise of powers and authorities conferred by the declaration of the national emergency with respect to persons who commit, threaten to commit, or support terrorism are estimated at approximately $13 million. These data do not reflect certain costs of operations by the intelligence and law enforcement communities. Personnel costs were largely centered in the Department of the Treasury (particularly in the Office of Foreign Assets Control, the Office of the General Counsel, and the U.S. Customs Service), the Department of State, and components of the Department of Justice. 7. The United States continues to be concerned by the grave acts of terrorism committed or threatened by foreign terrorists, including the heinous attacks committed in New York and Pennsylvania, and against the Pentagon, on September 11, 2001. Available information confirms that terrorist organizations seek to acquire weapons of mass destruction, including chemical weapons. In addition, global financial networks continue to support and fund terrorists and their ability to engage in terrorist acts through a variety of financial mechanisms. For these reasons, persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to international security. The international community has recognized the need to take action against terrorism and has condemned such acts of terrorism in United Nations Security Council resolutions 1368 of September 12, 2001, 1373 of September 28, 2001, and 1390 of January 16, 2002. These resolutions, taken together, obligate UN Member states, among other things to take necessary steps to prevent the financing of terrorism, to deny safe haven to terrorists, and to restrict the transfer of arms and arms- related material to terrorists. Executive Order 13224 is a fundamental tool in the U.S. efforts to work closely with governments around the world in identifying and freezing the assets of terrorists and their supporters. <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> <all>
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