Thursday July 19 2007 Part III The President rwilkins on PROD1PC63 with NOTICES Executive Order 13438—Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq Presidential Determination No 2007–26 of July 10 2007—Presidential Determination on Transfer of Economic Support Funds to the Overseas Private Investment Corporation To Establish a Loan Guarantee Program Presidential Determination No 2007–27 of July 12 2007—Waiver of Limitation on Obligation and Expenditure of $642 5 Million in Fiscal Year 2007 Economic Support Funds for Iraq VerDate Aug 31 2005 16 26 Jul 18 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E FR FM 19JYE0 SGM 19JYE0 rwilkins on PROD1PC63 with NOTICES VerDate Aug 31 2005 16 26 Jul 18 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E FR FM 19JYE0 SGM 19JYE0 39719 Presidential Documents Federal Register Vol 72 No 138 Thursday July 19 2007 Title 3— Executive Order 13438 of July 17 2007 The President Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq 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 and section 301 of title 3 United States Code I GEORGE W BUSH President of the United States of America find that due to the unusual and extraordinary threat to the national security and foreign policy of the United States posed by acts of violence threatening the peace and stability of Iraq and undermining efforts to promote economic reconstruction and political reform in Iraq and to provide humanitarian assistance to the Iraqi people it is in the interests of the United States to take additional steps with respect to the national emergency declared in Executive Order 13303 of May 22 2003 and expanded in Executive Order 13315 of August 28 2003 and relied upon for additional steps taken in Executive Order 13350 of July 29 2004 and Executive Order 13364 of November 29 2004 I hereby order rwilkins on PROD1PC63 with NOTICES 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 notwithstanding any contract entered into or any license or permit granted prior to the 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 any person determined by the Secretary of the Treasury in consultation with the Secretary of State and the Secretary of Defense i to have committed or to pose a significant risk of committing an act or acts of violence that have the purpose or effect of A threatening the peace or stability of Iraq or the Government of Iraq or B undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people ii to have materially assisted sponsored or provided financial material logistical or technical support for or goods or services in support of such an act or acts of violence or any person whose property and interests in property are blocked pursuant to this order or iii to be owned or controlled by or to have acted or purported 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 The prohibitions in subsection a of this section include but are 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 pursuant to this order and ii the receipt of any contribution or provision of funds goods or services from any such person VerDate Aug 31 2005 16 26 Jul 18 2007 Jkt 211001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E FR FM 19JYE0 SGM 19JYE0 39720 Federal Register Vol 72 No 138 Thursday July 19 2007 Presidential Documents Sec 2 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 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 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 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 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 13303 and expanded in Executive Order 13315 and I hereby prohibit such donations as provided by section 1 of this order Sec 5 For those persons whose property and interests in property are blocked pursuant to 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 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 Executive Order 13303 and expanded in Executive Order 13315 there need be no prior notice of a listing or determination made pursuant to section 1 a of this order Sec 6 The Secretary of the Treasury in consultation with the Secretary of State and the Secretary of Defense 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 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 rwilkins on PROD1PC63 with NOTICES Sec 7 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 VerDate Aug 31 2005 16 26 Jul 18 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E FR FM 19JYE0 SGM 19JYE0 Federal Register Vol 72 No 138 Thursday July 19 2007 Presidential Documents 39721 Sec 8 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 any party against the United States its departments agencies instrumentalities or entities its officers or employees or any other person THE WHITE HOUSE July 17 2007 FR Doc 07–3552 Filed 7–18–07 8 57 am VerDate Aug 31 2005 16 26 Jul 18 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E FR FM 19JYE0 SGM 19JYE0 GWBOLD EPS GPH rwilkins on PROD1PC63 with NOTICES Billing code 3195–01–P