Executive Orders EO 13438 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 eco- nomic reconstruction and political reform in Iraq and to provide humani- tarian assistance to the Iraqi people, it is in the interests of the United States to take additional steps with respect to the national emergency de- clared in Executive Order 13303 of May 22, 2003, and expanded in Execu- tive Order 133\1775 of August 28, 2003, and relied upon for additional steps taken in Executive Order \1773350 of }uly 29, 2004, and Executive Order \1773364 of November 29, 2004. I hereby order: Section 1. (a) Except to the extent provided in section 203(b)(\177), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(\177), (3), and (4)), or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and not- withstanding 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come within the possession or control of United States persons, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense, (i)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 polit- ical reform in Iraq or to provide humanitarian assistance to the Iraqi people; (ii) to have materially assisted, sponsored, or provided financial, mate- rial, 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 in- terests 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 in- terests 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. 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 at- tempts to violate any of the prohibitions set forth in this order is prohib- ited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For purposes of this order: 225
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