text:
Page:Title 3 CFR 2002 Compilation.djvu/318

 Other Presidential Documents Memorandum of July 23, 2002 Delegation of Authority With Respect to Concluding Amendments to the July :12, :1999, Agreement Concerning Trade in Certain Steel Products From the Russian Federation Memorandum for the Secretazy of Commerce By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, it is hereby ordered that the Secretary of Commerce is designated and em- powered to exercise, following consultations with the United States Trade Representative and other agencies as appropriate, the authority vested in the President to conclude amendments to the July 12, 1\365\365\365, Agreement Concerning Trade in Certain Steel Products from the Russian Federation in accordance with Article XI of the 1\365\3650 Agreement on Trade Relations be- tween the United States of America and the Russian Federation, and title IV of the Trade Act of 1974. The Secretary may exercise such authority without approval, ratification, or other action of the President. As the Secretary of Commerce may direct, the Assistant Secretary for Im- port Administration is authorized to exercise the authority vested in the Secretary by this memorandum. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 23, 2002. Notice of July 30, 2002 Continuation of the National Emergency With Respect to Iraq On August 2, 1990, by Executive Order 12722, President Bush declared a national emergency with respect to Iraq pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the un- usual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and polices of the Govern- ment of Iraq. By Executive Orders 12722 of August 2, 1990, and 12724 of August 9, 1990, the President imposed trade sanctions on Iraq and blocked Iraqi government assets. Because the Government of Iraq has continued to engage in activities hostile to U.S. interests, the national emergency de- clared on August 2, 1990, and the measures adopted on August 2 and Au- gust 9, 1990, to deal with that emergency must continue in effect beyond August 2, 2002. Therefore, in accordance with section 202(d) of the Na- tional Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to Iraq. 305

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/319

 Title 3--The President This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, July 3o, 2002. Presidential Determination No. 2002-27 of August 7, 2002 Presidential Determination on Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act Memorandum for the Secretary of State Pursuant to the authority vested in me by section 302 of the 2002 Supple- mental Appropriations Act for Further Recovery from and Response to Ter- rorist Attacks on the United States (Public Law 107-206), I hereby certify that waiving the restrictions contained in subsection (d) of 22 U.S.C. 5952 and in section 502 of the FREEDOM Support Act (Public Law 102-511) with respect to the Russian Federation is important to the national security interests of the United States. You are authorized and directed to transmit this certification to the Con- gress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, August 7, 2002. Notice of August 14, 2002 Continuation of Emergency Regarding Export Control Regulations On August 17, 2001, consistent with the authority provided me under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I issued Executive Order 13222. In that order, I declared a national emer- gency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.). Because the Export Administration Act has not been re- newed by the Congress, the national emergency declared on August 17, 2001, must continue in effect beyond August 17, 2002. Therefore, in ac- cordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Ex- ecutive Order 13222. 306

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:Title 3 CFR 2002 Compilation.djvu/320

 Other Presidential Documents This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, August 14, 2002. Presidential Determination No. 2002-28 of August 14, 2002 Presidential Determination on Military Drawdown for Tunisia Memorandum for the Secretary of State [and/the Secretary of Defense Pursuant to the authority vested in me by the Constitution and laws of the United States, including title III (Foreign Military Financing) of the Ken- neth M. Luddon Foreign Operations, Export Financing, and Related Pro- grams Appropriations Act, 2002 (Public Law 107-115), I hereby direct the drawdown of defense articles and services from the stocks of the Depart- ment of Defense, and military education and training of the aggregate value of $5 million for Tunisia, for the purposes of part II of the Foreign Assist- ance Act of 196% as amended. The Secretary of State is authorized and directed to publish this determina- tion in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, August 14, 2002. Presidential Determination No. 2002-29 of August 30, 2002 Presidential Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as Amended Memorandum for the Secretary of State Pursuant to section 2(c)(\177) of the Migration and Refugee Assistance Act of ]962, as amended, 22 U.S.C. 260](c)(1), I hereby determine that it is impor- tant to the national interest that up to $6.6 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund for contribu- tions to the Office of the United Nations High Commissioner for Refugees and to the International Committee of the Red Cross to address unexpected urgent refugee and migration needs arising from the crisis in Liberia and from the return of refugees to Sierra Leone. 307

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/321

 Title 3--The President You are authorized and directed to inform the appropriate committees of the Congress of this determination and the obligation of funds under this authority, and to publish this determination in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, August 30, 2002. Notice of September 12, 2002 Continuation of the National Emergency with Respect to Certain Terrorist Attacks In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency I de- clared on September \1774, 200% in Proclamation 7463, with respect to the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States. By Executive Order \1773223 of September \1774, 200% and Executive Order \1773253 of January \1776, 2002, I delegated authority to the Secretary of Defense and the Secretary of Transportation to order members of the Reserve Com- ponents to active duty and to waive certain statutory military personnel re- quirements. By Executive Order \1773235 of November \1776, 200% I delegated authority to the Secretary of Defense to exercise certain emergency con- struction authority. Because the terrorist threat continues, the national emergency declared on September \1774, 200% and the measures taken on September \1774, 200% No- vember 16, 200% and January \1776, 2002, to deal with that emergency, must continue in effect beyond September \1774, 2002. Therefore, I am continuing in effect for \177 year the national emergency I declared on September 14, 200% with respect to the terrorist threat. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, September 12, 2002. Presidential Determination No. 2002-31 of September 13, 2002 Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act Memorandum for the Secretuzy of State [and] the Secretuzy of the Treusuzy Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination on September 12, 2001 (66 Fed. 308

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/322

 Other Presidential Documents Reg. 47943), the exercise of certain authorities under the Trading with the Enemy Act is scheduled to terminate on September 14, 2002. I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to the applicable countries is in the national inter- est of the United States. Therefore, pursuant to the authority vested in me by section 101(b) of Pub- lic Law 95-223, I continue for 1 year, until September 14, 2003, the exer- cise of those authorities with respect to countries affected by: (1) the Foreign Assets Control Regulations, 31 C.F.R. part 500; (2) the Transaction Control Regulations, 31 C.F.R. part 505; and (3) the Cuban Assets Control Regulations, 31 C.F.R. part 515. The Secretary of the Treasury is authorized and directed to publish this de- termination in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 13, 2002. Notice of September 19, 2002 Continuation of the National Emergency With Respect To Persons Who Commit, Threaten To Commit, Or Support Terrorism On September 23, 2001, by Executive Order 13224, I declared a national emergency with respect to persons who commit, threaten to commit, or support terrorism, pursuant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701-1706). I took this action to deal with the unusual and extraordinary threat to the national security, foreign policy, and econ- omy of the United States constituted by the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York, Pennsylvania, and on the Pentagon committed on September 11, 2001, and the continuing and immediate threat of further at- tacks on United States nationals or the United States. Because the actions of these persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to the national secu- rity, foreign policy, and economy of the United States, the national emer- gency declared on September 23, 2001, and the measures adopted on that date to deal with that emergency, must continue in effect beyond Sep- tember 23, 2002. Therefore, in accordance with section 202(d) of the Na- tional Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to persons who commit, threaten to com- mit, or support terrorism. 309

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/323

 Title 3--The President This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, September 19, 2002. Notice of September 23, 2002 Continuation of the National Emergency With Respect to UNITA In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared by the President on September 26, 1993, by Executive Order 12865, to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the actions and policies of the National Union for the Total Independence of Angola (UNITA). The order prohibits the sale or supply by United States persons or from the United States, or using U.S. registered vessels or aircraft, of arms, related material of all types, petro- leum, and petroleum products to the territory of Angola, other than through designated points of entry. The order also prohibits the sale or supply of such commodities to UNITA. The President took additional measures with respect to the national emer- gency declared in Executive Order 12865 by issuing Executive Orders 13069 and 13098 on December 12, 1997, and August 18, 1998, respectively. Those orders close all UNITA offices in the United States, block all prop- erty and interests in property of UNITA and designated UNITA officials and adult members of their immediate families, prohibit the importation of certain diamonds exported from Angola, and impose additional sanctions with respect to the provision of mining and transportation equipment and sel\177vices. Because of our continuing international obligations and because of the pre i- udicial effect that discontinuation of the sanctions would have on pros- pects for peace in Angola, the national emergency declared on September 26, 1993, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond September 26, 2002. Therefore, I am continuing the national emergency with respect to UNITA. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, September 23, 2002. 310

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/324

 Other Presidential Documents Order of September 26, 2002 Designation Under Executive Order 12958 In accordance with the provisions of section 1.4 of Executive Order 12958 of April \1777, \177995, entitled "Classified National Security Information," I hereby designate the Secretary of Agriculture to classify information origi- nally as "Secret." Any delegation of this authority shall be in accordance with section %4(c) of Executive Order \1772958. This order shall be published in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, September 26, 2002. Presidential Determination No. 2002-32 of September 30, 2002 Presidential Determination on the Transfer of Funds from International Organizations and Programs Funds to the Child Survival and Health Programs Fund Memorandum for the Secretary of State Pursuant to the authority vested in me by the Constitution and laws of the United States, including section 610 of the Foreign Assistance Act of as amended (FAA), I hereby determine it is necessary for the purposes of the FAA that the $34 million in FY 2002 International Organizations and Programs funds that were allocated for the United Nations Population Fund be transferred to, and consolidated with, the Child Survival and Health Programs Fund, and such funds are hereby transferred and consolidated. The transferred funds will be administered by the U.S. Agency for Inter- national Development in support of reproductive health and maternal health and related programs. You are authorized and directed to transmit this determination to the Con- gress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 30, 2002. Memorandum of October 1, 2002 Notification to the Congress of Trade Negotiations Memorandum for the United States Trade l\177epresentative You are authorized and directed to notify the Congress pursuant to section 2\17704(a)(\177) of the Trade Act of 2002 (19 U.S.C. 3804(a)(\177)), of my intention

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/325

 Title 3--The President to enter into negotiations on a Free Trade Agreement with the Kingdom of Morocco and a Free Trade Agreement with Central American Countries. You are also authorized and directed to notify the Congress, pursuant to section 2106(b)(2) of the Trade Act of 2002 (19 U.S.C. 3806(b)(2)), of the ongoing negotiations on Free Trade Agreements with the Republic of Singa- pore and the Republic of Chile, negotiations to establish a Free Trade Area for the Americas, and negotiations under the auspices of the World Trade Organization. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, October 1, 2002. Memorandum of October 16, 2002 Notification to the Congress of Trade Negotiation Memorandum for the United States Trade Representative You are authorized and directed to notify the Congress, pursuant to section 2104(a)(1) of the Trade Act of 2002 (19 U.S.C. 3804(a)(1)), of my intention to enter into negotiations on a Free Trade Agreement with the five member countries of the Southern African Customs Union (Botswana, Lesotho, Na- mibia, South Africa, and Swaziland). You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, October 16, 2002. Notice of October 16, 2002 Continuation of the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia On October 21, 1995, by Executive Order 12978, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraor- dinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of significant narcotics traffickers centered in Colombia, and the unparalleled violence, corruption, and harm such actions cause in the United States and abroad. 312

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/326

 Other Presidential Documents The order blocks all property and interests in property that are in the United States or within the possession or control of United States persons or foreign persons listed in an annex to the order, as well as of foreign per- sons determined to play a significant role in international narcotics traf- ficking centered in Colombia. The order similarly blocks all property and interests in property of foreign persons determined to materially assist in, or provide financial or technological support for or goods or services in support of, the narcotics trafficking activities of persons designated in or pursuant to the order, or persons determined to be owned or controlled by, or to act for or on behalf of, persons designated in or pursuant to the order. The order also prohibits any transaction or dealing by United States per- sons or within the United States in such property or interests in property. Because the actions of significant narcotics traffickers centered in Colombia continue to threaten the national security, foreign policy, and economy of the United States and to cause unparalleled violence, corruption, and harm in the United States and abroad, the national emergency declared on Octo- ber 2% 1995, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond October 2% 2002. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. a622(d)), I am continuing for a year the national emergency with respect to significant narcotics traffickers centered in Colombia. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, October 16, 2002. Presidential Determination No. 2003-02 of October 16, 2002 Presidential Determination on FY 2003 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Memorandum for the Secretary of State In accordance with section 207 of the Immigration and Nationality Act (the "Act") (8 U.S.C. a157), as amended, and after appropriate consultations with the Congress, I hereby make the following determinations and author- ize the following actions: The admission of up to 70,000 refugees to the United States during FY 2003 is justified by humanitarian concerns or is otherwise in the national interest; provided, however, that this number shall be understood as in- cluding persons admitted to the United States during FY 2003 with Federal refugee resettlement assistance under the Amorasian immigrant admissions program, as provided below. The 70,000 admissions numbers shall be allocated among refugees of spe- cial humanitarian concern to the United States in accordance with the fol- lowing regional allocations; provided, however, that the number allocated to the East Asia region shall include persons admitted to the United States during FY 2003 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Ap- 313

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/327

 Title 3--The President propriations Act of 1988, as contained in section 101(e) of Public Law 100- 202 (Amerasian immigrants and their family members); provided further that the number allocated to the former Soviet Union shall include persons admitted who were nationals of the former Soviet Union, or in the case of persons having no nationality, who were habitual residents of the former Soviet Union, prior to September 2, 1991: Africa ...................................... 20,000 East Asia ................................. 4,000 Eastern Europe ....................... 2,500 Former Soviet Union ............. 14,000 Latin America/Caribbean ....... 2,500 Near East/South Asia ............. 7,000 Unallocated Reserve .............. 20,000 The 20,000 unallocated numbers shall be allocated as needed to regional ceilings where shortfalls develop. Unused admissions numbers allocated to a particular region may be transferred to one or more other regions if there is an overriding need for greater numbers for the region or regions to which the numbers are being transferred. You are hereby authorized and directed to consult with the Judiciary Committees of the Congress prior to any such use of the unallocated numbers or reallocation of numbers from one region to another. Pursuant to section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended, I hereby determine that assistance to or on behalf of per- sons applying for admission to the United States as part of the overseas ref- ugee admissions program will contribute to the foreign policy interests of the United States and designate such persons for this purpose. An additional 10,000 refugee admissions numbers shall be made available during FY 2003 for the adjustment to permanent resident status under sec- tion 209(b) of the Immigration and Nationality Act (8 U.S.C. 1159(b)) of aliens who have been granted asylum in the United States under section 208 of the Act (8 U.S.C. 1158), as this is justified by humanitarian concerns or is otherwise in the national interest. In accordance with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42)) and after appropriate consultation with the Congress, I also specify that, for FY 2003, the following persons may, if otherwise qualified, be considered refu- gees for the purpose of admission to the United States within their coun- tries of nationality or habitual residence: a. Persons in Vietnam b. Persons in Cuba c. Persons in the former Soviet Union You are authorized and directed to report this determination to the Con- gress immediately and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, October 16, 2002. 314

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/328

 Other Presidential Documents Presidential Determination No. 2003-03 of October 16, 2002 Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization Memorandum for the Secretary of State Pursuant to the authority and conditions contained in section 534(d) of the Foreign Operations, Export Financing, and Related Programs Appropria- tions Act, 2002, Public Law 107-115, as provided for in the Joint Resolu- tion Making Continuing Appropriations for the Fiscal Year 2003, and for other purposes, Public Law 107-240. I hereby determine and certify that it is important to the national security interests of the United States to waive the provisions of section \177003 of the Anti-Terrorism Act of \177987, Public Law \17700-204. This waiver shall be effective for a period of 6 months from the date hereof. You are hereby authorized and directed to transmit this determination to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, October 16, 2002. Notice of October 29, 2002 Continuation of the National Emergency With Respect to Sudan On November 3, 1997, by Executive Order 13067, the President declared a national emergency with respect to Sudan pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of the Govern- ment of Sudan, including continuing concern about the presence and ac- tivities of certain terrorist groups, including Hamas and Palestinian Islamic Jihad, and the prevalence of human rights violations, including slavery, re- strictions on religious freedom, and restrictions on political freedom. cause the actions and policies of the Government of Sudan continue to pose an unusual and extraordinary threat to the national security and for- eign policy of the United States, the national emergency declared on No- vember 3, 1997, and the measures adopted on that date to deal with that emergency must continue in effect beyond November 3, 2002. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for i year the national emergency with respect to Sudan. 315

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/329

 Title 3--The President This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, October 29, 2002. Memorandum of November 6, 2002 Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma Memorandum for the Secretary of State Pursuant to the requirements set forth under the heading "Policy Toward Burma" in section 570(d) of the Fiscal Year 1997 Foreign Operations Ap- propriations Act, as contained in the Omnibus Consolidated Appropria- tions Act (Public Law 104-208), a report is required every 6 months fol- lowing enactment concerning: 1) progress toward democratization in Burma; 2) progress on improving the quality of life of the Burmese people, in- cluding progress on market reforms, living standards, labor stand- ards, use of forced labor in the tourism industry, and environmental quality; and 3) progress made in developing a comprehensive, multilateral strategy to bring democracy to and improve human rights practices and the quality of life in Burma, including the development of a dialogue between the State Peace and Development Council and democratic opposition groups in Burma. You are hereby authorized and directed to transmit the attached report ful- filling these requirements to the appropriate committees of the Congress and to arrange for publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 6, 2002. Plan for Implementation of Section 570 of Public Law 104-208 (Omnibus Appropriations Act, Fiscal Year 1997} Conditions in Burma and U.S. Policy Toward Burma for the Period March 28, 2002-September 27, 2002 Introduction and Summary Progress towards a real dialogue between Burma's military regime and the NLD's Aung San Suu Kyi took a step forward in May with the govern- ment's decision to release her from effective house arrest. Since then, Aung 316

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/330

 Other Presidential Documents San Suu Kyi has been free to carry out her party duties as General Sec- retary, and, in a change from conditions in her pre-detention days, to travel freely throughout Burma. Since her release, Aung San Suu Kyi has made trips to Moulmein, Mandalay, and Hpa'an. She has also presided over a slow revival of the NLD as a political party. Virtually crushed by the gov- ernment during the days leading up to Aung San Suu Kyi's detention in September 2000, the NLD has now re-assembled most of its party leader- ship and reopened 62 out of over 300 offices throughout Burma. It has also benefited from the release of more than 300 of its party members who had been held as political prisoners. Unfortunately, the steps the government has taken to rebuild confidence with the NLD have not been matched by equally serious steps towards a political dialogue on constitutional issues. As a result, questions still remain regarding the government's overall com- mitment to political transition. In regard to human rights, the government's record remains poor. The re- gime has, however, improved its cooperation with international human rights organizations, finally agreeing to allow the ILO to appoint a liaison officer in Rangoon and to conduct on-site surveys in Burma of areas along the Thai/Burmese border that have been identified by Amnesty Inter- national and others as "hot spots" for forced labor. It has also continued to work with the International Committee of the Red Cross on improve- ments in prison conditions and released almost 400 political prisoners over the past two years. Unfortunately, hundreds remain in prison, several stu- dents were arrested for expressing political dissent in recent months and substantive improvements in prison conditions have yet to be realized. We are also deeply concerned by ongoing egregious human rights abuses of ci- vilians in ethnic regions, including killing, torture, rape, forced labor, and forced relocations. The regime has responded to accusations leveled by human rights groups in Thailand of widespread army rapes in Shan State with investigations by three separate teams from the Burmese Army, the Ministry of Home Affairs, and the Myanmar National Women's Cooperative Association, but concluded--incredibly--that there was no evidence that Burmese Army personnel had been involved in any rapes in Shan State be- tween 1996 and 200% That conclusion, together with the lack of any inter- national involvement in the investigation, has left international observers in serious doubt about the government's willingness to deal effectively with Burmese Army abuses in areas of internal conflict. The areas of Burma under effective control of ethnic groups make Burma one of the world's largest producers of opium, heroin, and amphetamine- type stimulants, despite the fact that its overall output of opium and heroin has declined sharply in recent years, partly as a result of improved Bur- mese government counternarcotics efforts. Opium production in Burma has now declined for five straight years, and, in 2002, Burma produced less than one-quarter the opium and heroin that it did six years before. Unfortu- nately, as opium production has declined, the production of methamphetamines has increased, particularly in outlying ethnic majority regions governed by former insurgents, areas that are not under firm gov- ernment control. According to some estimates, as many as 400 to 800 mil- lion methamphetamine tablets may be produced in Burma each year, al- though these estimates are difficult to verify. In }uly, the U.S. Centers for Disease Control and Prevention conducted a countrywide assessment of the HIV/AIDS pandemic in Burma and con- 317

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/331

 Title 3--The President cluded that it had shifted from an epidemic limited to high-risk groups to a widespread epidemic affecting the general population. The government continued to downplay the extent of the epidemic in the country; however, both the government and the NLD are very interested in international as- sistance to combat HIV/AIDS. USAID is initiating a new $1 million HIV/ AIDS prevention program in the country; assistance will be provided through international NGOs--no assistance will be directed to the govern- ment. There are few signs of any government commitment to economic reform, despite rapidly deteriorating economic conditions. Two problems stand out. In the energy sector, a run of disastrous public investment decisions has left the economy largely without fuel for either its electric generating facilities or many of its basic industries. In the fiscal budget the situation is even more desperate. There, the deficits of Burma's state-owned enter- prises are estimated to absorb all of the revenues collected by the govern- ment, leaving the government proper (i.e., the army, the navy, the health and education services, and all ministerial operations) to run on monies borrowed from the Central Bank. This in turn has produced a rapid expan- sion in the money supply, a commensurate surge in inflation, and a sharp depreciation in the value of the domestic currency (the kyat). It has also undermined public confidence in the military government's ability to man- age the economy over the long run. U.S. policy goals in Burma include progress towards democracy and na- tional reconciliation, respect for human rights, a more effective counter- narcotics effort, counterterrorism efforts, regional stability, HIV/AIDS miti- gation, and accounting for missing servicemen from World War II. We en- courage talks between the leader of the National League for Democracy (NLD) Aung San Suu Kyi and the military, recognizing that these are the best hope for meaningful democratic change and protection of human rights. Part of our strategy is to consult regularly, at senior levels, with countries with major interests in Burma and/or major concerns regarding Burma's current human rights practices. In coordination with the European Union and other states, the United States has maintained sanctions on Burma. These include an arms embargo, an investment ban, and other measures. Our goal in applying these sanc- tions is to encourage a transition to democratic rule and greater respect for human rights. Should there be significant progress towards those goals as a result of dialogue between Aung San Suu Kyi and the military govern- ment, the United States would look seriously at measures to support this process of constructive change. Measuring Progress toward Democratization At the time of the dramatic release of NLD General Secretary Aung San Suu Kyi on May 6, 2002, the government promised that she would be free to move about the country--a promise it has generally kept in the months since. Initial difficulty in visiting some UN projects appears to have been resolved. Over the past four months Aung San Suu Kyi has traveled to Moulmein, Mandalay, and Hpa'an. On each trip she coordinated travel and security arrangements with the government, but otherwise set her own 318

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/332

 Other Presidential Documents itinerary. She also met freely with NLD party workers and the general pub- lic; however, in line with general restrictions on all political parties in Burma, she was not allowed to hold outdoor rallies or meetings. In Ran- goon, similarly, she has resumed her party duties with minimal govern- ment interference and has continued to meet with both Burmese and for- eign visitors on a regular basis, although the government still limits her ac- cess to high-ranking foreigners. Since March, foreign visitors have included UN Special Envoy Razali Ismall, who has facilitated communication be- tween the government and the NLD, Japanese Foreign Minister Kawaguchi, EU Troika representatives, and ambassadors of European and ASEAN coun- tries. NLD efforts to rebuild itself as a political party have also accelerated to some degree over the past six months. Badly crippled by government re- pression during the 1990s, the NLD has now re-assembled most of its na- tional leadership (with the notable exception of senior party adviser U Win Tin, who remains in prison). As of September 27, 2002, 62 of the NLD's party offices have re-opened, including 36 of 40 in Rangoon. All of the par- ty's Central Executive Committee members have been released, as have a majority of the party members who were detained during the government's crackdowns in the 1090s. However, 16 of the party's MPs remain in prison. Altogether, 325 NLD party members have been released from prison or house arrest since 2000, leaving about 200 NLD prisoners still in detention. The NLD has also resumed some normal party activities, including public meetings on major public holidays. However, outdoor meetings are banned (for both the NLD and all other registered political parties) and party elec- tions remain forbidden under a decree first issued by the Central Election Commission in 1990. The government has refused to grant a publication li- cense to the NLD party's newsletter, despite repeated NLD requests for per- mission to publish. Two student members of the NLD were also recently arrested for carrying banned political literature. The NLD, for its part, has moderated its public criticism of the regime. While it has called repeatedly for democracy in Burma, it has also stated flatly that it is prepared to work with the government on a process of political transition. Aung San Suu Kyi has indicated recently that humanitarian assistance for Burma's people could be welcome, provided that it is delivered through mechanisms that are transparent, accountable, and beneficial to the Burmese people, as op- posed to the government. She told EU representatives that economic sanc- tions are a matter to be decided by individual foreign states. Despite the steps the government has taken to rebuild confidence with the NLD, it has not yet responded to the NLD's calls for a serious dialogue on constitutional issues, nor has it sketched out a roadmap for reform or a timetable for elections. As a result, doubts remain regarding the govern- menCs commitment to dialogue. While it has repeatedly asserted that its goal is a restored democracy, it has yet to convince its critics, including the U.S., that it is genuinely committed to that course. The U.S. continues to recognize the results of the 1990 elections and will continue to push for the full restoration of the civil and political rights of the people of Burma. 319

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/333

 Title 3--The President Human Rights The SPDC's human rights record remains poor with repression of political dissent, forced labor, ethnic persecution, lack of religious freedom and traf- ficking in persons all figuring prominently. Burma was designated a Coun- try of Particular Concern for particularly severe violations religious free- dom in 2001. Burma has been the scene of severe human rights abuses, par- ticularly in ethnic minority areas, where there have been many reports of extraiudicial killings, rapes, and disappearances. Some of these were high- lighted during the past six months in publications by Amnesty Inter- national and groups based on the Thai border. The Department of State's annual Human Rights Country Report on Burma includes credible reports of rape and other atrocities committed by the Burmese military, especially in ethnic minority areas. In June 2002, the Shan Human Rights Foundation (an organization initially related to the Shan United Army, a narcotics-traf- ficking organization), together with the Shan Women's Action Network, published a report, based on interviews with displaced persons, which al- leged that Burmese Army personnel had been involved in multiple rapes involving hundreds of women between 1996 and 200\177. The report also ar- gued that the Burmese Army had used rape systematically as a weapon of war in its counter-insurgency operations. The Burmese investigated these charges with three separate teams from the Burmese Army, the Ministry of Home Affairs and the Myanmar National Women's Cooperative Associa- tion, but concluded--incredibly--that there was no evidence that Burmese Army personnel had been involved in any rapes in Shan State during the five-year period covered by the SHRF/SWAN report. Following subsequent international pressure, the Burmese have approached both the International Committee of the Red Cross and UN Special Rapporteur Pinheiro for pos- sible involvement in an investigation, but there remains doubt about the Burmese government's willingness to deal effectively with Burmese Army abuses in areas of internal conflict. We are urging that the UN independ- ently investigate the reports. The Burmese government dealt more effectively with other allegations of human rights abuses. It has continued to work with the International Com- mittee of the Red Cross on improvements in prison conditions. It has also allowed ICRC to open up five regional offices throughout the country, staffed by 34 international volunteers, to provide protection to ethnic mi- norities. Similarly, it has allowed the United Nations High Commission on Refugees to maintain a presence in northern Rakhine State, providing sup- port and protection services to more than 230,000 Rohingya Muslims who have returned from Bangladesh. After nearly a decade, however, some 22,000 Rohingya refugees still remain in two refugee camps in Bangladesh. In spite of ongoing repatriation efforts, for the last few years repatriations to Burma have not kept up with the camp birthrates and restrictions on movement in Burma have made life exceedingly difficult for this popu- lation. Furthermore, nearly \17730,000 other Burmese ethnic minority dis- placed persons live in several camps along the border in Thailand because they do not feel it is safe to return. Given continued insurgent activity among some ethnic groups, associated human rights abuses are likely to continue. The government has also made some progress on forced labor, which re- mains an issue of serious concern to the international community. In No- 32O

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/334

 Other Presidential Documents vember 2000, the International Labor Organization (ILO) Governing Body concluded that the Government of Burma had not taken effective action to deal with the use of forced labor in the country and, for the first time in its history, called on all ILO members to review their policies to ensure that those policies did not support forced labor. The United States strongly supported this decision. Over the past year, the Government of Burma has slowly begun to work with the ILO on measures to address the problem. In September 200% it allowed an ILO High Level Team to visit Burma to assess the situation. That team concluded that the GOB had made an "obvious, but uneven" ef- fort to curtail the use of forced labor, but that forced labor persisted, par- ticularly in areas where the government was waging active military cam- paigns against insurgent forces. It also recommended that the ILO establish a permanent presence in Burma. A second ILO team visited Burma in Feb- ruary 2002 to follow up on this recommendation, and eventually agreement was reached with the ILO in Geneva regarding the appointment of an ILO liaison officer, pending the establishment of a permanent ILO office in Ran- goon. That liaison officer has since been appointed. The ILO has also iden- tified a permanent representative to serve in Burma. Perhaps most impor- tantly of all, in August 2002, the ILO began field visits to sites along the Thai/Burmese border which have been identified by Amnesty International and other organizations as "hot spots" for forced labor and Burmese Army abuse of ethnic minorities. That said, there were continuing signs that forced labor remains a problem, with reports, even in Rangoon, of laborers being dragooned by the military. Finally, the government has continued with the slow release of political prisoners. Altogether, approximately 400 political prisoners have been re- leased from detention since October 2000. In response to an appeal from UN Special Rapporteur Pinheiro, the government has also released, on hu- manitarian grounds, approximately 400 women prisoners who either had small children or were pregnant. To date, releases have included a majority of the NLD members held in prison, all members of the NLDs Central Com- mittee, several major ethnic leaders, several student leaders, and all but 19 of the MPs elected to the \177990 Parliament. Even with these releases, how- ever, hundreds of political prisoners remain in prison or under detention in Burma as of September 2002, including approximately 200 NLD mem- bers. Burma is a Tier 3 human trafficking country that has not developed preven- tion, protection or law enforcement programs to address fully the serious trafficking problems that plague the country, but has made some progress in recognizing and publicizing the perils of trafficking in persons. It has signed the \177950 Convention for the Suppression of Traffic in Persons and the Prostitution of Others and is a participant in the UN Inter-Agency Project on the reduction of trafficking in the Mekong sub-region although its other international and regional anti-trafficking cooperation is very lim- ited. In a report delivered to the U.S. Government in August, it also high- lighted the recent information activities of Myanmar National Committee for Women's Affairs; the enforcement efforts of a newly formed Working Committee for the Prevention of Trafficking in Persons (which is chaired by the Home Minister); the legislation it has applied to combat trafficking; and the jail sentences that it has handed out to more than \17700 traffickers over the past 3 years. However, information on its funding of anti-traf- 321

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/335

 Title 3--The President ficking activities and its support for the repatriated victims of trafficking remains scant. The government's cooperation with international NGOs con- cerned about human trafficking has also been minimal. While it appears that the government has finally begun to recognize the significance of its human trafficking problems, it is equally obvious that it has not yet put to- gether programs that can deal with all aspects of those problems. Given its current economic circumstances, we do not anticipate the emergence of ef- fective programs in the near term. Counternarcotics The ethnic majority areas of Burma make it one of the world's largest pro- ducers of illicit opium, heroin, and amphetamine-type stimulants, despite the fact that its overall output of opium and heroin has declined sharply in recent years, partly as a result of improved Burmese government coun- ternarcotics efforts. Opium production in Burma has now declined for five straight years and, in 2002, Burma produced an estimated 630 metric tons of opium, less than one-quarter of the 2,560 metric tons of opium produced six years earlier. Unfortunately, Burma's success in reducing the produc- tion of opium and heroin has been partially undercut by rapidly increasing production of amphetamine-type stimulants, particularly in outlying re- gions governed by former insurgents. According to some estimates, as many as 400 to 800 million methamphetamine tablets may be produced in Burma each year, although verification of this estimate is difficult due to the mo- bile, small-scale nature of the methamphetamine production facilities. The policy of the SPDC central government is to end narcotics trafficking, but the SPDC realizes that this will be a long-term process as it has been elsewhere. There are reliable reports that individual Burmese officials, par- ticularly in outlying areas, may be involved in narcotics production or traf- ficking, but we do not have evidence that the government is complicit in the drug trade. While the government has consistently urged former ethnic insurgents to curb narcotics production and trafficking in their self-admin- istered areas along the Chinese border, it has only recently, with the sup- port and assistance of China, begun to crack down on these groups. Since September 2001, it has begun to enforce pledges elicited from each former insurgent group to make their self-administered areas opium-free and, in March 2002, pressured each group (including the Wa and the Kokang Chi- nese) into issuing new decrees outlawing narcotics production and traf- ficking in areas under their control. However, the Wa have not committed to eliminating narcotics production until 2005. The government has improved its cooperation with neighboring states, par- ticularly China. In 2001, Burma signed Memoranda of Understanding on narcotics control with both China and Thailand. The MOU with China es- tablished a framework for joint operations, which in turn led to a series of arrests and renditions of major traffickers in 2001 and 2002, many of whom were captured in the former insurgents' self-administered areas. Altogether, over the past 18 months, Burma has returned to China 22 fugitives from Chinese justice, including principals from one group that China described as "the largest armed drug trafficking gang in the Golden Triangle." Bur- ma's MOU with Thailand, similarly, committed both sides to closer police cooperation on narcotics control and to the establishment of three joint 322

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/336

 Other Presidential Documents "narcotics suppression coordination stations" at major crossing points on the border. That cooperation has since been interrupted by tensions on the border, but both governments have made clear that they look forward to re- suming cooperation once these tensions have been cleared away. Finally, Burma has participated in multilateral efforts to control narcotics trafficking in the Golden Triangle. Since November 200% Burma has par- ticipated in ACCORD, the ASEAN and China Cooperative Operations in Re- sponse to Dangerous Drugs, which serves as an umbrella for a variety of global programs aimed at strengthening the rule of law, promoting alter- native development, and increasing civic awareness of the dangers of drugs. It also signed UNDCP's 1993 Memorandum of Understanding among the six regional states--Burma, China, Thailand, Laos, Vietnam, and Cambodia--to control narcotics production. Finally, as China and Thailand have become more active multilaterally, Burma has joined the trilateral and quadrilateral programs organized by either to coordinate counternarcotics efforts among the four states of the Golden Triangle (Laos, Burma, China, and Thailand). Under pressure from the Financial Action Task Force (FATF), which des- ignated Burma as a "non-cooperating" state in June 200% the Government of Burma has also begun to take action on money laundering issues. In June 2002, it enacted a new and potentially powerful money laundering law, which, if properly enforced, should address many of the FATF's concerns. That legislation criminalizes money laundering in connection with vir- tually every kind of serious criminal activity and levies heavy responsibil- ities on banks with regard to reporting. Penalties are also substantial. The police, in cooperation with the Central Bank and the Attorney General's of- rice, are now training their first financial investigators and should begin prosecutions under the new law within the next few months. Despite these steps, the United States judged earlier this year that Burma's visibly improving counternarcotics efforts were not yet commensurate with the scale of the problem. To encourage further progress, we have sustained a program of operational cooperation between police authorities in Burma and the U.S. Drug Enforcement Administration. We have also continued to work with the GOB on annual opium yield surveys in Burma, and with UNDCP and other donors on opium reduction and crop substitution pro- grams. In September 200% the United States pledged an additional $%000,000 to support UNDCP's Wa Alternative Development Project, which has helped reduce opium production in the territories of the United Wa State Army. Notwithstanding the lack of Burmese financial resources and capacity, we do not, as a matter of law, provide bilateral narcotics as- sistance. HIV/AIDS In July, the U.S. Centers for Disease Control and Prevention (CDC) con- ducted an in-depth assessment of the HIV/AIDS epidemic in Burma, in- cluding among high-risk groups and pregnant women. The CDC assessed capacity at various levels in preventing the spread of HIV and providing care and treatment for those infected. The CDC concluded that the data, while limited, on HIV/AIDS in Burma indicates a widespread epidemic of 323

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/337

 Title 3--The President greater than two-percent prevalence affecting the general population. Pre- vious estimates by the World Health Organization, UNAIDS, and others had indicated an epidemic of less than two-percent prevalence limited to high- risk populations. CDC observed a limited national HIV/AIDS prevention program run by the government, but that some efforts are underway by non-governmental organizations. Voluntary HIV testing and counseling is extremely limited, and very few people know their HIV status. Programs to prevent mother-to-child transmission of HIV are small and limited and in need of strengthening at all levels. The government has made blood safe- ty a high priority, but quality control is questionable. Availability of care and treatment for those infected with HIV is very limited and trained staffs are few, while some non-governmental organizations provide some care services. The government generally denies the extent of the HIV/AIDS epidemic in the country, and their programs do not reflect the latest thinking of the sci- entific community on prevention, treatment, and care. However, like the NLD, the government is very interested in international assistance to com- bat the growth of the epidemic. CDC made a number of recommendations to strengthen and improve HIV/AIDS surveillance in the country and change policy and program implementation by the government to improve the effectiveness of the response to HIV/AIDS in the country. Policy rec- ommendations included initiating widespread voluntary HIV testing and counseling, including allowing international non-governmental organiza- tions to conduct testing and counseling. The CDC also recommended that national implementation by the government of a mother-to-child trans- mission prevention program be accelerated, that a national HIV/AIDS care program be developed, and that programs targeting high risk groups be strengthened and enhanced. The U.S. Agency for International Development (USAID) is in the process of providing $1 million to international non-governmental organizations operating HIV/AIDS prevention project in the country; none of these re- sources would be directed to the government. The Quality of Life in Burma The military government's management of the Burmese economy has been catastrophic. The government's ill-thought efforts to maintain discipline and control, and exclude foreign expertise and participation, have had pre- dictably disastrous results. Two problems stand out. In the energy sector, a run of disastrous public investment decisions has left the economy without fuel for either its elec- tric generating facilities or many of its basic industries. In January 2002, the nation's peak generating capacity was sufficient to meet only about two thirds of the nation's peak demand and since then the situation has deterio- rated further, with no prospect of relief until late 2003 or early 2004 at the very earliest. Until then, at least 30 to 40 percent of the nation's electricity customers will be without power at any given time. In the fiscal budget, the situation is even more desperate. There, a failed fiscal concept, in which the GOB attempted to run the entire government mostly on the basis of the profits of the state-owned enterprises, has left 324

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/338

 Other Presidential Documents the GOB without any basis for running the government over the long term, as profits have turned to losses in one state-owned enterprise after another. In fact, in Burma's fiscal year 2001/2002, the reported deficits of the state- owned enterprises actually absorbed all the revenues collected by the gov- ernment, leaving the government proper (i.e., the army, the navy, the health and education services, and all ministerial operations) to run on monies borrowed from the Central Bank. This has in turn produced a rapid expan- sion of the money supply, a commensurate increase in inflation and a sharp depreciation in the value of the domestic currency (the kyat). Over the past two years, the kyat's unofficial value has depreciated from a rate of approximately 360/dollar in September 2000 to %\17700/dollar now, while inflation has accelerated to an annualized rate that is now approaching tri- ple digit levels. The government has attempted to deal with these pressures with a series of ad hoc restrictions on economic activity that reinforce (at least tempo- rarily) its system of control while punishing private sector trade and invest- ment. Thus far, however, the only consequence has been a crippled private sector and a weakened banking system. Inflation has not ebbed and the kyat, after a brief rally in early June 2002, has resumed its downward slide. Looking ahead, there is really no prospect for relief for Burma without for- eign financing support. The problems within the economy, and particularly within the fiscal budget, are simply too vast and too deeply entrenched to be treated now on the basis of Burma's own resources. However, access to that foreign financing support will likely depend on progress in regard to structural reforms and political transition. Development of a Multilateral Strategy U.S. policy goals in Burma are progress towards democracy, improved human rights, more effective counternarcotics efforts, counterterrorism ef- forts, regional stability, HIV/AIDS mitigation, and accounting for missing servicemen from World War II. We encourage talks between Aung San Suu Kyi and the military government in the hope that it will lead to meaningful democratic change and national reconciliation in Burma. We also consult regularly, at senior levels, with countries with major interests in Burma and/or major concerns regarding Burma's human rights practices. The United States has co-sponsored annual resolutions at the UN General Assembly and the UN Commission on Human Rights that focus on Burma. We have also supported ILO's unprecedented decision on Burma given its failure to deal effectively with its pervasive forced labor problems. Most importantly, we strongly support the mission of the UN Secretary General's Special Representative for Burma, Razali Ismall, whose efforts have been instrumental in facilitating communication between the government and Aung San Suu Kyi. In coordination with the European Union and other states, the United States has imposed sanctions on Burma. U.S.-imposed sanctions include an arms embargo, a ban on all new U.S. investment in Burma, the suspension of all bilateral aid, including counternarcotics assistance, the withdrawal of GSP privileges, the denial of OPIC and EXIMBANK programs, visa restric- tions on Burma's senior leaders, and a hold on all new lending or grant 325

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/339

 Title 3--The President programs by the World Bank, the IMF, the ADB, and other international fi- nancial institutions in which the United States has a maior interest. We have maintained our diplomatic representation at the Charg6 d'Affaires level since 1990. Our goal in applying these sanctions is to encourage a transition to demo- cratic rule and greater respect for human rights. Nevertheless, we remain concerned about the growing humanitarian crisis in Burma and will, during the coming year, initiate a new $1 million program to deal with the grow- ing HIV/AIDS epidemic in Burma. This funding will go directly to inter- national NGOs (including Population Services International) to support programs including condom distribution and educational efforts. We will also use a small portion of the funding from the U.S. Burma earmark to develop programs inside Burma in support of democracy. None of these funds will be disbursed to or through the government. We will also con- tinue to examine the potential for law enforcement cooperation with Burma on terrorism and narcotics issues. Should there be significant progress in Burma in coming months on political transition and human rights, then the United States would look seriously at additional measures that could be ap- plied to support this process of constructive change. Notice of November 6, 2002 Continuation of Emergency Regarding Weapons of Mass Destruction On November \1774, \177994, by Executive Order \1772938, President Clinton de- clared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weap- ons (weapons of mass destruction) and the means of delivering such weap- ons. On July 28, \177998, the President issued Executive Order 13094 to amend Executive Order \1772938 to more effectively respond to the world- wide threat of weapons of mass destruction proliferation activities. Because the proliferation of weapons of mass destruction and the means of deliv- ering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the na- tional emergency first declared on November \1774, \177994, and extended on November \1774, 1995, November \1772, \177996, November \1773, \177997, November 12, \177998, November \1770, \177999, November \1772, 2000, and November 9, 200% must continue in effect beyond November \1774, 2002. In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for \177 year the national emergency declared in Executive Order \1772938, as amended. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, November 6, 2002. 326

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/340

 Other Presidential Documents Notice of November 12, 2002 Continuation of the National Emergency With Respect to Iran On November 14, 1979, by Executive Order \1772\17770, the President declared a national emergency with respect to Iran pursuant to the International Emergency Economic Powers Act (50 U.S.C. \17770\177-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the situation in Iran. Be- cause our relations with Iran have not yet returned to normal, and the proc- ess of implementing the January \1779, \17798\177, agreements with Iran is still un- derway, the national emergency declared on November \1774, 1979, must con- tinue in effect beyond November \1774, 2002. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for \177 year this national emergency with respect to Iran. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, November 12, 2002. Memorandum of November 13, 2002 Notification to Congress of Trade Negotiation Memorandum for the United States Trade Representative You are authorized and directed to notify the Congress, consistent with sec- tion 2104(a)(1) of the Trade Act of 2002 (19 U.S.C. 3804(a)(1)), of my inten- tion to enter into negotations on a Free Trade Agreement with Australia. You are also authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 13, 2002. 327

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/341

 Title 3--The President Memorandum of November 26, 2002 Designation of Officers of the Federal Emergency Management Agency To Act as Director of the Federal Emergency Management Agency Memorandum for the Director of the Federal Emergency Management Agency By the authority vested in me as President under the Constitution and laws of the United States of America and pursuant to the Federal Vacancies Re- form Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that: Section 1. Order of Succession. During any period when both the Director of the Federal Emergency Man- agement Agency (Director) and the Deputy Director of the Federal Emer- gency Management Agency (Deputy Director) have died, resigned, or other- wise become unable to perform the functions and duties of the office of Di- rector, the following officers of the Federal Emergency Management Agen- cy, in the order listed, shall perform the functions and duties of the office of Director, if they are eligible to act as Director under the provisions of the Federal Vacancies Reform Act of 1998, until such time as the Director or Deputy Director is able to perform the functions and duties of the office of Director: Administrator of the United States Fire Administration; Administrator of the Federal Insurance and Mitigation Administration; Assistant Director, Administration and Resource Planning Directorate; and Regional Director, Region IV. Section 2. Exceptions. (a) No individual who is serving in an office listed in section i in an acting capacity, by virtue of so serving, shall act as Director pursu- ant to this memorandum. (b) Not withstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345-3349d, to depart from this order in designating an acting Director. Section 3. Termination. This memorandum shall terminate immediately upon the transfer of the au- thorities, functions, personnel, and assets of the Federal Emergency Man- agement Agency to the Department of Homeland Security. Section 4. Publication. 328

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/342

 Other Presidential Documents The Director is authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 26, 2002. Memorandum of November 27, 2002 Determination Under the Interstate Commerce Commission Termination Act of 1995 Memorandum for the Secretazy of Transportation Section 6 of the Bus Regu]atory Reform Act of 1982, Pub]Jr Law 97-26% 96 Star. \17703, imposed a moratorium on the issuance of certificates or per- mits to motor carriers domici]ed in, or owned or contro]]ed by persons of, a contiguous foreign country and authorized the President to modify the moratorium. The Interstate Commerce Commission Termination Act of \177995 (ICCTA), Pub]Jr Law \17704-88, 109 Star. 803, maintained these restric- tions, subiect to modifications made prior to the enactment of the ICCTA, and empowered the President to make further modifications to the morato- rium. Pursuant to 49 U.S.C. \1773902(c)(3), I modified the moratorium on June 5, 200% to a]]ow motor carriers domici]ed in the United States that are owned or contro]]ed by persons of Mexico to obtain operating authority to trans- port internationa] cargo by truck between points in the United States and to provide bus services between points in the United States. The North American Free Trade Agreement (NAFTA) estab]ished a sched- u]e for ]ibera]izing certain restrictions on the provision of bus and truck services by Mexican-domici]ed motor carriers in the United States. Pursu- ant to 49 U.S.C. \1773902(c)(3), I hereby determine that the fo]]owing modi- fications to the moratorium are consistent with ob]igations of the United States under NAFTA and with our nationa] transportation po]icy and that the moratorium sha]] be modified according]y. First, qua]ified motor carriers domici]ed in Mexico wi]] be a]]owed to ob- tain operating authority to transport passengers in cross-border schedu]ed bus services. Second, qua]ified motor carriers domici]ed in Mexico wi]] be a]]owed to obtain operating authority to provide cross-border truck serv- ices. The moratorium on the issuance of certificates or permits to Mexican- domici]ed motor carriers for the provision of truck or bus services between points in the United States wi]] remain in p]ace. These modifications sha]] be effective on the date of this memorandum. Furthermore, pursuant to 49 U.S.C. \1773902(c)(5), I hereby determine that ex- peditious action is required to imp]ement this modification to the morato- rium. Effective on the date of this memorandum, the Department of Trans- portation is authorized to act on app]ications, submitted by motor carriers domici]ed in Mexico, to obtain operating authority to provide cross-border 329

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/343

 Title 3--The President scheduled bus services and cross-border truck services. In reviewing such applications, the Department shall continue to work closely with the De- partment of Justice, the Office of Homeland Security, and other relevant Federal departments, agencies, and offices in order to help ensure the secu- rity of the border and to prevent potential threats to national security. Motor carriers demiriled in Mexico operating in the United States will be subiect to the same Federal and State laws, regulations, and procedures that apply to carriers demiriled in the United States. These include safety regu- lations, such as drug and alcohol testing requirements; insurance require- ments; taxes and fees; and other applicable laws and regulations, including those administered by the United States Customs Service, the Immigration and Naturalization Service, the Department of Labor, and Federal and State environmental agencies. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 27, 2002. Presidential Determination No. 2003-04 of November 29, 2002 Imposition and Waiver of Sanctions Under Section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 Memorandum for the Secretary of State Pursuant to the authority contained in section 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 ("the Act") (Public Law 107-228), and pursuant to section 603 of that Act, regarding noncompliance by the PLO and the Palestinian Authority with certain commitments, I hereby impose the sanction set out in section 604(a)(2), "Downgrade in Status of the PLO Office in the United States." This sanction is imposed for a period of 180 days from the date hereof or until such time as the next report required by section 603 of the Act is transmitted to the Congress, whichever is later. You are authorized and directed to transmit to the appropriate congres- sional committees the initial report described in section 603 of the Act. Furthermore, I hereby determine that it is in the national security interest of the United States to waive that sanction, pursuant to section 604 of the Act. This waiver shall be effective for a period of \17780 days from the date hereof or until such time as the next report required by section 603 of the Act is transmitted to the Congress, whichever is later. You are hereby authorized and directed to transmit this determination to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 29, 2002. 330

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/344

 Other Presidential Documents Presidential Determination No. 2003-05 of December 7, 2002 Presidential Determination of Designations Under the Iraq Liberation Act of 1998 Memorandum for the Secreta\177y of State Pursuant to the authority vested in me as President of the United States, including under section 5 of the Iraq Liberation Act of 1998 (Public Law 105-338) ("the Act"), I hereby determine that each of the following groups is a democratic oppostion organization and that each satisfies the criteria set forth in section 5(c) of the Act: the Assyrian Democratic Movement; the Iraqi Free Officers and Civilians Movement; the Iraqi National Front; the Iraqi National Movement; the Iraqi Turkmen Front; and the Islamic Accord of Iraq. I hereby designate each of these organizations as eligible to receive assistance under section 4 of the Act. You are authorized and directed to report this determination and designa- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 7, 2002. Presidential Determination No. 2003-06 of December 7, 2002 Presidential Determination on Authorization to Furnish Drawdown Assistance to the Iraqi Opposition Under the Iraq Liberation Act of 1998 Memorandum for the Secreta\177 of State [and] the Secreta\177 of Defense Pursuant to the authority vested in me as President of the United States, including under sections 4(a)(2) and 5(a) of the Iraq Liberation Act of \177998 (Public Law \17705-338) (the "Act"), and consistent with Presidential Deter- mination 99-\1773, I hereby direct the furnishing of up to $92 million in de- fense articles from the Department of Defense, defense services from the Department of Defense, and military education and training in order to pro- vide assistance to the following organizations: Iraqi National Accord; Iraqi National Congress; Kurdistan Democratic Party; Movement for Constitutional Monarchy; Patriotic Union of Kurdistan; Supreme Council of the Islamic Revolution in Iraq; and to such other Iraqi opposition groups designated by me under the Act before or after this determination. The assistance will be allocated in ac- cordance with plans being developed by the Department of Defense and the Department of State. 331

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/345

 Title 3--The President The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 7, 2002. Presidential Determination No. 2003-07 of December 11, 2002 Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma Memorandum for the Secreta\177 7' of State Pursuant to the requirements set forth under the heading "Policy toward Burma" in section 570(d) of the Fiscal Year 1997 Foreign Operations Ap- propriations Act, as contained in the Omnibus Consolidated Appropria- tions Act (Public Law 104-208), a report is required every 6 months fol- lowing enactment concerning: (\177) progress toward democratization in Burma; (2) progress on improving the quality of life of the Burmese people, in- cluding progress on market reforms, living standards, labor stand- ards, use of forced labor in the tourism industry, and environmental quality; and (3) progress made in developing a comprehensive, multilateral strategy to bring democracy to and improve human rights practices and the quality of life in Burma, including the development of a dialogue between the State Peace and Development Council and democratic opposition groups in Burma. I understand the attached report was not forwarded due to an administra- tive error. You are hereby authorized and directed now to transmit the attached report fulfilling the above-stated requirements to the appropriate committees of the Congress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 11, 2002. Conditions in Burma and U.S. Policy Toward Burma for the Period Sep- tember 28, 2001-March 27, 2002 Introduction and Summary Over the past 6 months, Burma's military government and the National League for Democracy (NLD) General Secretary Aung San Suu Kyi have continued confidence-building measures that are reportedly aimed at sup- porting a transition to democracy and civilian rule. Both sides have held 332

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/346

 Other Presidential Documents the substance of these talks in strictest confidence, but the past 18 months has seen the release of approximately 250 political prisoners, and a halt to the vicious attacks on Aung San Suu Kyi and the NLD by the government- owned press. Unfortunately, the process has moved very slowly. Of par- ticular concern is the continuing house arrest of Aung San Suu Kyi. The quality of life in Burma during the past 6 months has deteriorated. Poverty is widespread, and the economy increasingly shows the effects of a growing government deficit, rising inflation, shortfalls in energy supplies and growing foreign exchange shortages. Severe human rights abuses are commonplace, particularly in ethnic minority areas, where there are con- tinuing reports of extrajudicial killings, rape, and disappearances. Due to continuing severe restrictions on religious freedom, Burma was again des- ignated a "country of particular concern" in 2001 under the International Religious Freedom Act. Prison conditions are harsh, despite access to the prisons by the International Committee of the Red Cross. One retired uni- versity rector was also detained and sentenced to 7 years in prison fol- lowing his one-man protest calling for new general elections. Forced labor remains an issue of serious concern. In September 2001, an ILO High Level Team visited Burma to assess the situation and concluded that the SPDC had made an "obvious, but uneven" effort to curb the prac- tice; nevertheless, forced labor persisted, particularly in border areas. In March 2002, the government reached agreement with the ILO on appoint- ment of an ILO liaison officer in Burma, pending establishment of a perma- nent ILO office. Burma is also one of the world's largest producers of illicit opium, heroin, and methamphetamines. However, its overall output of opium has declined by two-thirds over the past 5 years, in part as a result of bad weather and in part as a result of eradication efforts. It has also stepped up law enforce- ment operations against some former insurgent groups (particularly the Kokang Chinese) and considerably improved its counter-narcotics coopera- tion with China, Thailand, and other neighboring states. United States policy goals in Burma include progress towards democracy, improved human rights, a more effective counternarcotics effort, counterterrorist cooperation, resolving MIA cases from WW II, and address- ing the HIV/AIDS epidemic which threatens regional stability and pros- perity. We hope that the on-going talks between Aung San Suu Kyi and the military will lead to meaningful democratic change and national reconcili- ation. We consult regularly, at senior levels, with countries interested in Burma that share our goals. In coordination with the European Union and other states, the United States maintains sanctions on Burma aimed at encouraging transition to democratic rule and greater respect for human rights. These include an arms embargo, an investment ban, and other measures. Measuring Progress toward Democratization From September 2001 through March 2002, Burma's military regime con- tinued talks with the NLD's General Secretary, Aung San Suu Kyi. Since the talks began 18 months ago, we have seen the release of approximately 333

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/347

 Title 3--The President 250 political prisoners, including all but 20 of the MPs elected in 1990 and all of the NLD's Central Executive Committee members with the exception of Aung San Suu Kyi. The regime has also halted the virulent attacks on Aung San Suu Kyi and the NLD which had become a staple of newspaper coverage in Burma. In addition, the military government has allowed the NLD to reopen 32 party offices in Rangoon Division and to resume some normal party activities. These included public meetings on Burma's Na- tional, Independence and Union Days, all of which were attended by Am- bassadors and Chiefs of Mission from the United States, the United King- dom, Australia, and other countries. The NLD, in turn, has moderated its public criticism of the regime and announced that it is now prepared to work with the regime on political transition. Over the past 6 months, the regime has gradually increased access to Aung San Suu Kyi, who has been under house arrest since the talks began in 2000. Visitors have included U.N. Special Rapporteur for Human Rights Paulo Pinheiro, U.N. Special Envoy Razali Ismall, the ILO's High Level Team, representatives of the European Union and U.S. Deputy Assistant Secretary of State Matthew Daley, among others. Aung San Suu Kyi is also now in daily contact with fellow NLD members, including NLD Chairman U Aung Shwe, and NLD Vice Chairman U Tin Oo. The abrupt postpone- ment of U.N. Special Envoy Razali's planned March 19 visit to Burma is of particular concern, especially in light of approval for other meetings. The connection, if any, between this event and the arrest of members of Ne Win's family is unclear. The United States welcomed the confidence-building process between the government and Aung San Suu Kyi and the release of political prisoners and resumption of some NLD activity. However, we have also urged the re- gime to move beyond confidence building to a genuine political dialogue with Aung San Suu Kyi that would chart the course for a return to democ- racy and civilian rule. Critical next steps include release of all remaining political prisoners, the unconditional release of Aung San Suu Kyi from house arrest and increased political rights and freedom of operation for the NLD and other political parties. Counternarcotics Burma is one of the world's largest producers of illicit opium, heroin, and methamphetamines. However, its overall output of opium has declined sharply in recent years. In 2001, Burma produced an estimated 865 metric tons of opium, barely one-third of the 2,560 metric tons of opium produced in Burma 5 years earlier. Unfortunately, as opium production has declined, methamphetamine production has soared, particularly in outlying regions that are governed by former insurgents. According to some estimates, as many as 800 million methamphetamine tablets may be produced in Burma each year. There is no evidence that the government is involved on an institutional level in the drug trade. However, there are reliable reports that individual Burmese officials in outlying areas are either directly involved in drug traf- ficking or provide protection to those who are. In addition, while the gov- ernment has encouraged ethnic insurgents who have signed cease-fire 334

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/348

 Other Presidential Documents agreements to curb narcotics production and trafficking, it has only re- cently begun to take aggressive law enforcement actions to control these ac- tivities. Over the past 6 months, the Burmese Government has cracked down particularly hard on the Kokang region controlled by Peng Jiasheng's Myanmar National Democratic Alliance Army (MNDAA), which had pledged to be opium free by 2000. With the assistance of the People's Re- public of China, the Burmese Government staged a series of arrests of maior traffickers in all areas of the Kokang, including Laukkai, the capital of Kokang State. In other areas, the SPDC has moved more cautiously. In areas controlled by the United Wa State Army (UWSA), the principal drug-producing and drug-trafficking organization in Burma, the government has slowly ex- panded its administrative presence, but has not yet attempted any aggres- sive law enforcement operations comparable to those in the Kokang region. The Wa have pledged to end all opium production in their territories by 2005. The United States has urged the government to take law enforcement action and exact other forms of pressure against the Wa narcotics oper- ations even before that deadline is reached. There have also been significant improvements in Burma's cross-border co- operation with neighboring states. In 200% Burma signed memoranda of understanding on narcotics control with both China and Thailand. The MOU with China established a framework for ioint operations, which in turn led to the series of arrests and renditions of maior traffickers in 2001 and 2002. The MOU with Thailand committed both sides to closer police cooperation on narcotics control and to the establishment of three joint "narcotics suppression coordination stations" at major crossing points on the border. Thailand has also provided a grant for a crop substitution project in the Wa-controlled regions of southern Shan State. In addition, Burma participated actively in a series of quadrilateral meetings (China, Burma, Laos, and Thailand) on narcotics control that were held in Thai- land, Burma, and China in late 2001 and early 2002. Under pressure from the Financial Action Task Force (FATF), which des- ignated Burma as a "non-cooperating" state in June 2001, the Government of Burma has a draft of a new money laundering law, which will reportedly address many of the FATF's concerns. That law, as well as a new Mutual Legal Assistance Law, facilitating Burmese legal and judicial cooperation with other states, should be enacted in 2002. Despite these recent steps, the United States does not believe that Burma's counternarcotics efforts are commensurate with the scale of the narcotics problem in Burma. We work with the GOB on annual opium yield surveys in Burma, and through UNDCP on opium reduction and crop substitution programs. In September 2001, the United States pledged an additional $1,000,000 to support UNDCP's Wa Alternative Development Project, which has helped reduce opium production in the territories of the United Wa State Army, but made utilization of these funds contingent on the mo- bilization of matching funds from other donors. 335

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/349

 Title 3--The President The Quality of Life in Burma Burma remains one of the world's poorest countries with an average per capita GDP of approximately $300, according to World Bank figures. Pri- marily an agricultural economy, Burma also has substantial mineral, fish- ing, and timber resources. However, almost 4 decades of military misrule and mismanagement have produced a chaotic economy characterized by widespread poverty. Over the past 2 years, a growing government deficit, shortfalls in energy supplies and continuing foreign exchange shortages have hampered eco- nomic activity and contributed to a rapid depreciation in Burma's official currency, the kyat. Valued at approximately 360 kyat to the dollar in Sep- tember 2000, that rate has now risen to approximately 840 kyat per dollar in March 2002 and is expected to rise further over the next 3 months. At the same time, inflation has picked up speed. According to an urban retail price index calculated by the U.S. Embassy, cumulative, point-to-point in- fiation from January l, 2001 to January \177, 2002 totaled approximately 52 percent. Widespread and severe human rights abuses also continued throughout Burma during the reporting period. In ethnic minority areas, in particular, there were many reports of extraiudicial killings, rape, and disappearances. Significant numbers of ethnic minority refugees continue to seek asylum in Thailand. Due to severe restrictions on religious freedom, Burma was again designated a "country of particular concern" in 200\177 under the Inter- national Religious Freedom Act. Prison conditions remained harsh, despite access to prisons by the International Committee of the Red Cross. During the reporting period, only one political activist was detained for the expres- sion of a dissenting political view; in early December, Dr. Salai Tun Than, a retired university rector and graduate of the University of Wisconsin, was arrested and sentenced to 7 years in prison for passing out leaflets in front of Rangoon's City Hall which called for a civilian government and general elections. Forced labor also remains an issue of serious concern. In November 2000, the International Labor Organization (ILO) Governing Body concluded that the Government of Burma had not taken effective action to deal with the use of forced labor in the country and, for the first time in its history, called on all ILO members to review their policies toward Burma to ensure that they did not support forced labor. The United States strongly sup- ported this decision. In recent months, the Government of Burma has indicated that it is more willing to work with the ILO. In September 200% an ILO High Level Team concluded that the GOB had made an "obvious, but uneven" effort to cur- tail the use of forced labor, but that forced labor persisted, particularly in areas where the government was waging active military campaigns against insurgent forces. It also recommended that the ILO establish a permanent presence in Burma. A second ILO team visited Burma in February 2002 and eventually reached agreement on the appointment of an ILO liaison of- ricer, pending the establishment of a permanent ILO office in Rangoon. However, the government has not been willing to address two other ILO recommendations: appointment of an ombudsman for forced labor issues, 336

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/350

 Other Presidential Documents and an independent investigation of allegations that villagers in Shan State were killed after complaining to the military about forced labor. The regime has released approximately 250 political prisoners since the initiation of talks with Aung San Suu Kyi, including approximately 70 over the past 6 months. In response to an appeal from U.N. Special Rapporteur Pinheiro, it has also released, on humanitarian grounds, 318 women pris- oners who either had small children or were pregnant. Even with these re- leases, more than %000 political prisoners still remained in prison or under detention in Burma as of March 2002, including over 600 NLD members. International monitoring of human rights in Burma also improved to some degree in 200% For the first time in 6 years, the Government of Burma per- mitted visits (in April and October 200% and then again in February 2002) by the United Nations Special Rapporteur on Human Rights in Burma. It also allowed the International Committee of the Red Cross to visit all pris- ons in Burma and reportedly has responded to some ICRC recommenda- tions about prison conditions. Development of a Multilateral Strategy United States policy goals in Burma include progress towards democracy, improved human rights, a more effective counternarcotics effort, counterterrorist cooperation, resolving MIA cases from WW II, and address- ing the HIV/AIDS epidemic which threatens regional stability and pros- perity. We hope that the on-going talks between Aung San Suu Kyi and the military will lead to meaningful democratic change and national reconcili- ation. We consult regularly, at senior levels, with countries interested in Burma that share our goals. The United States has co-sponsored annual resolutions at the U.N. General Assembly and the U.N. Commission on Human Rights concerning Burma. We have also supported ILO's unprecedented decision on Burma given Burma's failure to deal effectively with its pervasive forced labor problems. Most importantly, we strongly support the mission of the U.N. Secretary General's Special Envoy for Burma, Razali bin Ismall, who has helped fa- cilitate the regime's talks with Aung San Suu Kyi. We are increasingly con- cerned that the Burmese regime is not permitting Mr. Razali to visit Burma with the regularity or frequency needed at this stage of the process. In coordination with the European Union and other states, the United States has imposed sanctions on Burma aimed at encouraging democratic transition and greater respect for human rights. These sanctions include an arms embargo, a ban on all new U.S. investment in Burma, the suspension of all bilateral aid, the withdrawal of GSP privileges, the denial of OPIC and EXIMBANK programs, visa restrictions on Burma's senior leaders and opposition to all new lending or grant programs by the World Bank, the IMF, the ADB and other international financial institutions in which the United States has a major interest. We downgraded the level of our diplo- matic representation from Ambassador to Charg\177 d'Affaires in \177989 and have maintained at that level. 337

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/351

 Title 3--The President Presidential Determination No. 2003-08 of December 13, 2002 Presidential Determination on Suspension of Limitations Under the Jerusalem Embassy Act Memorandum for the Secretary of State Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Em- bassy Act of 1995 (Public Law 104-45) (the "Act"), I hereby determine that it is necessary to protect the national security interests of the United States to suspend for a period of 6 months the limitations sot forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to begin- ning the process of moving our embassy to Jerusalem. You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register. This suspension shall take effect after transmission of this determination and report to the Congress. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 13, 2002. 338

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/352

 APPENDICES--OTHER PRESIDENTIAL DOCUMENTS EDITORIAL NOTE: The following tables include documents issued by the Executive Office of the l:h-esident and published in the Federal Begister but not included in tide 3 of the Code of Federal Regulations. Appendix A--List of Messages to Congress Transmitting Budget Rescissions and Deferrals 67 FB Date of Message Page May 3, 2002 ........................................................................................................ 34963 Appendix B--List of Presidential Determinations 67 FB Date of Presidential Detez\177]inution Page Presidential Determination No. 02-30 of September 13 ................................. 78425 Appendix C--List of Final Rule Documents 67 FB Date Page Jan. 15 (Office of the United States Trade Representative) ............................. 2008 339

�


text: Page:Title 3 CFR 2002 Compilation.djvu/353


text:
Page:Title 3 CFR 2002 Compilation.djvu/354

 CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT Part Page 100 Standards of conduct .............................................. 342 101 Public information provisions of the Administra- tive Procedures Act .............................................. 342 102 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Executive Office of the President .................. 342 341

�


text:
Page:Title 3 CFR 2002 Compilation.djvu/355

 PART 100--STANDARDS OF \365 101.3 Office of Administration. CONDUCT Freedom of Information regulations for the Office of Administration appear at 5 CFl\177 part 2502. AUTHORITY: 5 U.S.C. 7301. SOURCE: 64 FR 12881, Mar. 16, 1999, unless [55 FR 46037, Nov. 1, 1990] otherwise noted. \365 101.4 National Security Council. \365 100.1 Ethical conduct standards and Freedom of Information regulations financial disclosure regulations. for the National Security Council ap- Employees of the Executive Office of pear at 32 CFl\177 Ch. XXI. the President are subject to the execu- \365 101.5 Council on Environmental tive branch-wide standards of ethical Quality. conduct at 5 CFl\177 part 2635, and the ex- Freedom of Information regulations ecutive branch-wide financial disrio- for the Council on Environmental sure regulations at 5 CFl\177 part 2634. Quality appear at 40 CFl\177 Ch. V. PART 101--PUBLIC INFORMATION [42FR65131, Dec. 3O, 1977] PROVISIONS OF THE ADMINIS- \365IOI.\177 Office ofNationalDrugControl TRATIVE PROCEDURES ACT Policy. Freedom of Information regulations Sec. for the Office of National Drug Control 101.1 Executive Office of the President. Policy appear at 21 CFI\177 parts 1400-1499. 101.2 Office of Management and Budget. 101.3 Office of Administration. [55 FR 46037, Nov. 1, 1990] 101.4 National Security Council. 101.5 Council on Environmental Quality. \365 101.7 Office of Science and Tech- 101.6 Office of National Drug Control Pot- nology Policy. icy. Freedom of Information regulations 101.7 Office of Science and Technology Pot- for the Office of Science and Tech- icy. nology Policy appear at 32 CFl\177 part 101.8 Office of the United States Trade Rep- 2402. resentative. [55 FR 46037, Nov. 1, 1990] AUTHORITY: 5 U.S.C. 552. SOURCE: 40 FR 8061, Feb. 25, 1975 and 55 FR \365 101.$ Office of the United States Trade Representative. 46067, November 1, 1990, unless otherwise noted. Freedom of Information regulations for the Office of the United States \365 101.1 Executive Office of the Presi- Trade I\177epresentative appear at 15 CFI\177 dent. part 2004. Until further regulations are promul- [55 FR 46037, Nov. 1, 1990] gated, the remainder of the entities within the Executive Office of the PART 102--ENFORCEMENT OF President, to the extent that 5 U.S.C. NONDISCRIMINATION ON THE 552 is applicable, shall follow the proce- dures set forth in the regulations appli- BASIS OF HANDICAP IN PRO- cable to the Office of Management and GRAMS OR ACTIVITIES CON- Budget (5 CFl\177 Ch. III). Requests for in- DUCTED BY THE EXECUTIVE OF- formation from these other entities FICE OF THE PRESIDENT should be submitted directly to such entity. Sec. 102.101 Purpose. \365 101.2 Office of i\177lanagement and 102.102 Application. Budget. 102.103 Definitions. 102.10\177102.109 [Reserved] Freedom of Information regulations 102.110 Self-evaluation. for the Office of Management and 102.111 Notice. Budget appear at 5 CFl\177 Ch. III. 102.112 102.129 [Reserved]

�