EO 13438 Title 3--The President (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and (c) the term "United States person" means any United States citizen, per- manent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 4. I hereby determine that the making of donations of the type speci- fied in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13303 and expanded in Executive Order \17733\1775, and I hereby prohibit such donations as provided by section \177 of this order. Sec. 5. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that, because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render these measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order \1773303 and expanded in Executive Order 133\1775, there need be no prior notice of a listing or deter- mination made pursuant to section l(a) of this order. Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense, is hereby authorized to take such ac- tions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redele- gate any of these functions to other officers and agencies of the United States Government, consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate meas- ures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely man- ner of the measures taken. Sec. 7. Nothing in this order is intended to affect the continued effective- ness of any rules, regulations, orders, licenses, or other forms of administra- tive action issued, taken, or continued in effect heretofore or hereafter under 3\177 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order. Sec. 8. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. GEORGE W. BUSH The White House, July 17, 2007. 226
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