Page:Title 3 CFR 2005 Compilation.djvu/184

 Executive Orders EO 13382 (iv) any person determined by the Secretary of the Treasury, in consulta- tion 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 in- terests 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 con- tribution or provision of funds, goods, or services by, to, or for the benefit of, any person whose property and interests in property are blocked pursu- ant 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, ioint ven- ture, corporation, group, subgroup, or other organization; and (c) the term "United States person" means any United States citizen, per- manent resident alien, entity organized under the laws of the United States or any iurisdiction 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 arti- cles 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 \177 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 Sec- retary of State, in consultation with the Secretary of the Treasury, deter- mines 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 deliv- ery (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 171

�