ExecutiveOrdersEO
EO 13372Executive OrderG.W. Bush · R

Executive Order 13372

Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions

This executive order amends two prior counterterrorism sanctions orders (EO 13224 and EO 12947) to clarify that charitable donations of food, clothing, and medicine to blocked persons are prohibited when they would impair the President's ability to deal with a national emergency or endanger U.S. Armed Forces facing imminent hostilities. It also specifies that the Trade Sanctions Reform and Export Enhancement Act of 2000 does not override agricultural or medical sanctions in such circumstances.

Federal Register Open PDF 70 FR 8499

Impact dates

  1. Amendments to EO 13224 and EO 12947 take effect

Key directives

  • Amend Section 4 of EO 13224 to prohibit donations specified in IEEPA section 203(b)(2) to blocked persons when such donations would impair national emergency response or endanger U.S. Armed Forces in imminent hostilities
  • Amend Section 3 of EO 12947 to prohibit donations specified in IEEPA section 203(b)(2) to blocked persons when such donations would impair national emergency response
  • Explicitly determine that Trade Sanctions Reform and Export Enhancement Act of 2000 does not affect imposition of unilateral agricultural or medical sanctions on persons subject to EO 13224 where imminent hostilities clearly indicated
  • Secretary of Treasury, in consultation with Secretary of State, authorized to promulgate rules and regulations and employ IEEPA and UNPA powers to carry out order purposes
  • Secretary of Treasury may redelegate functions to other officers and agencies consistent with applicable law
  • All agencies directed to take all appropriate measures within authority to carry out order provisions
  • Amendments take effect as of date of order (February 16, 2005)

Who is ordered

Timeline

Immediate

  • Amendments to EO 13224 and EO 12947 take effect as of February 16, 2005
  • Prohibition on specified donations applies immediately to blocked persons
  • All agencies directed to implement appropriate measures

Near term (90d)

  • Treasury Secretary, in consultation with State Secretary, to promulgate rules and regulations as necessary

Long term

  • Ongoing application of clarified sanctions framework to future designations
  • Continued exclusion of TSRA exemptions where imminent hostilities involve U.S. Armed Forces

Risks & tensions

  • Narrow interpretation of humanitarian exemptions: Clarification restricts previously ambiguous scope of permissible charitable donations, potentially affecting humanitarian relief operations in sanctioned regions
  • Imminent hostilities determination is vague: No defined process for determining when 'imminent involvement of the Armed Forces...in hostilities is clearly indicated by the circumstances'
  • TSRA override creates tension with congressional intent: Explicit presidential determination that 2000 congressional reform does not apply in certain circumstances may raise separation of powers concerns
  • Retroactive effective date: Section 3(c) states amendments take effect as of signing date, which may create compliance uncertainty for transactions occurring on February 16, 2005 prior to publication
Executive Order 13372: Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions · Executive Orders