President Imposes Export and Other Sanctions Against Syria

(President Bush signed P.L. 108-175 into on December 12, 2003. P.L. 108-175 states that until the President determines and certifies to Congress that Syria meets certain specified requirements (e.g., has ceased providing support for international terrorist groups, etc.), certain sanctions against Syria must be imposed. See ITT's Online Archives or 12/19/03 news, 03121920, for previous BP summary of P.L. 108-175.)

The following are highlights of the sanctions imposed by President Bush as a result of P.L. 108-175 (see EO 13338 and related documents for complete details):

Exports/Reexports of Most Products are Prohibited

According to EO 13338, the exportation or reexportation to Syria of any item on the U.S. Munitions List (USML, 22 CFR part 121) is prohibited.

In addition, the exportation or reexportation to Syria of i) any item on the Commerce Control List (CCL, 15 CFR Part 774), or ii) any product of the U.S.¹ subject to the Export Administration Regulations (EAR) except for food and medicine, is prohibited except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to the provisions of EO 13338, and notwithstanding any license, permit, or authorization granted prior to May 12, 2004.

Similarly, no other U.S. government agency shall permit the exportation or reexportation to Syria of any U.S. product subject to its export licensing jurisdiction, except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to the provisions of EO 13338, and notwithstanding any license, permit, or authorization granted prior to May 12, 2004.

¹ According to 15 CFR 734.3, items subject to the EAR include all U.S. origin items wherever located; certain foreign-made direct products of U.S. origin technology or software; U.S. origin parts, components, materials or other commodities integrated abroad into foreign-made products; etc.

Export/Reexport Sanctions Waived in Certain Situations

In his message to Congress, President Bush also states that he has waived the export/reexport sanctions discussed above to permit the export and reexport of:

certain products in support of U.S. government activities;

medicines on the CCL and medical devices;

aircraft parts and components for the purposes of flight safety;

exports and reexports consistent with its waiver of certain sanctions associated with the aircraft of any air carrier owned or controlled by Syria;

information and informational materials, as well as telecommunications equipment and associated items to promote the free flow of information;

certain software and technology;

products in support of United Nations operations; and

certain exports and reexports of a temporary nature.

President Bush notes that these items are further identified in the Department of Commerce's General Order No. 2, which is available at http://www.bis.doc.gov/PoliciesAndRegulations/SyriaReg5_12_04.html.

Other Sanctions, Prohibitions (Partial List)

Assets of certain Syrian persons/entities frozen. EO 13338 authorizes the Secretary of the Treasury, in consultation with the Secretary to State, to freeze, within the jurisdiction of the U.S., assets that belong to certain Syrian individuals and government entities.

Exportation/reexportation of donated articles prohibited, etc. EO 13338 prohibits the exportation or reexportation of certain donated articles (of the type specified in 50 USC 1702(b)(2)) to Syria and the making of such donations by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to EO 13338.

Evasive transactions, conspiracies to violate, are prohibited. According to EO 13338, the following are prohibited: any transaction by a U.S. person or within the U.S. that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in EO 13338; and any conspiracy formed to violate the prohibitions set forth in EO 13338.

U.S. Government Agencies Directed to Implement EO 13338

EO 13338 also directs various government agencies to take such actions, including the promulgation of rules and regulations, as may be necessary to carry out the provisions of EO 13338.

Violations May be Subject to Criminal and Civil Penalties, Etc.

The Office of Foreign Assets Control (OFAC) states that criminal penalties for violating the sanctions range up to 10 years in prison, $500,000 in corporate fines and $250,000 in individual fines. In addition, civil penalties of up to $11,000 per violation may be imposed administratively.

President to Consider Additional Sanctions Against Syria

The fact sheet states that the President will consider additional sanctions against the Government of Syria if it does not take serious and concrete steps to cease its support for terrorist groups, terminate its weapons of mass destruction programs, withdraw its troops from Lebanon, and cooperate fully with the international community in promoting the stabilization and reconstruction of Iraq.

EO 13338 (FR Pub 05/13/04) available at

http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-11058.pdf.

White House fact sheet on EO 13338(dated 05/11/04) available at

http://www.whitehouse.gov/news/releases/2004/05/20040511-7.html.

President Bush's message to Congress on EO 13338(dated 05/11/04) available at

http://www.whitehouse.gov/news/releases/2004/05/20040511-8.html.

OFAC's "What You Need to Know About U.S. Sanctions - Syria" on EO 13338available at http://www.treas.gov/offices/eotffc/ofac/sanctions/t11syria.pdf.