ExecutiveOrdersEO
EO 13448Executive OrderG.W. Bush · R

Executive Order 13448

Blocking Property and Prohibiting Certain Transactions Related to Burma

This executive order expands existing U.S. sanctions against Burma by blocking property and prohibiting transactions with senior Burmese officials, entities, and individuals involved in human rights abuses or public corruption. It builds upon two prior executive orders from 1997 and 2003, adding new categories of targeted persons including family members and those facilitating corruption.

Federal Register Open PDF 72 FR 60223

Impact dates

  1. Order effective; property blocking and transaction prohibitions take effect

Key directives

  • Block all property and interests in property of persons listed in Annex and designated under criteria in section 1(b)
  • Prohibit any transfer, payment, export, withdrawal, or other dealing in blocked property
  • Prohibit evasion, avoidance, or conspiracy to violate order prohibitions
  • Prohibit charitable donations to blocked persons
  • Authorize Treasury Secretary to promulgate implementing regulations after consultation with State
  • Authorize Treasury Secretary to remove persons from sanctions if circumstances warrant
  • Waive prior notice requirement for listing determinations

Who is ordered

Timeline

Immediate

  • Property blocking takes effect at 12:01 a.m. EDT October 19, 2007
  • All listed persons' U.S. assets frozen
  • Prohibition on transactions begins

Near term (90d)

  • Treasury/State Department designations of additional persons under section 1(b) criteria
  • Potential regulatory guidance from Treasury

Long term

  • Ongoing sanctions enforcement and compliance monitoring
  • Potential delisting determinations under section 7
  • Continued effect unless expressly terminated or modified

Risks & tensions

  • Broad criteria in section 1(b)(iv)-(vi) create significant compliance uncertainty for U.S. persons regarding indirect dealings
  • No prior notice requirement (section 5) raises due process concerns and complicates legal challenges
  • Spouse/dependent child designation (1(b)(vi)) extends sanctions to family members without individualized findings
  • Overlap with existing 31 C.F.R. chapter V regulations (section 8) creates potential for conflicting requirements
  • Reliance on Treasury-State consultation without defined process or timeline for designations
Executive Order 13448: Blocking Property and Prohibiting Certain Transactions Related to Burma · Executive Orders