| EXECUTIVE ORDER |
EO 13413 Effective Date: October 31, 2006 |
| Responsible Office: Office of External Relations |
| Subject: Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo |
Blocking Property of Certain Persons Contributing
to the Conflict in the Democratic Republic of the Congo
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.)
(NEA), section 5 of the United Nations Participation
Act, as amended (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, determine that the situation in or in relation
to the Democratic Republic of the Congo, which has been
marked by widespread violence and atrocities that
continue to threaten regional stability and was
addressed by the United Nations Security Council in
Resolution 1596 of April 18, 2005, Resolution 1649 of
December 21, 2005, and Resolution 1698 of July 31,
2006, constitutes an unusual and extraordinary threat
to the foreign policy of the United States and hereby
declare a national emergency to deal with that threat.
To address that threat, I hereby order:
Section 1. (a) Except to the extent that section
203(b)(1), (3), and (4) of the IEEPA (50 U.S.C.
1702(b)(1), (3), and (4)) may apply, or to the extent
provided in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any
license or permit granted prior to the effective date
of this order, all property and interests in property
that are in the United States, that hereafter come
within the United States, or that are or hereafter come
within the possession or control of United States
persons, including their overseas branches, of the
following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise
dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, after
consultation with the Secretary of State:
(A) to be a political or military leader of a foreign armed group operating
in the Democratic Republic of the Congo that impedes the disarmament,
repatriation, or resettlement of combatants;
(B) to be a political or military leader of a Congolese armed group that
impedes the disarmament, demobilization, or reintegration of combatants;
(C) to be a political or military leader recruiting or using children in
armed conflict in the Democratic Republic of the Congo in violation of
applicable international law;
(D) to have committed serious violations of international law involving the
targeting of children in situations of armed conflict in the Democratic
Republic of the Congo, including killing and maiming, sexual violence,
abduction, and forced displacement;
(E) to have directly or indirectly supplied, sold, or transferred to the
Democratic Republic of the Congo, or been the recipient in the territory of
the Democratic Republic of the Congo of, arms and related materiel,
including military aircraft and equipment, or advice, training, or
assistance, including financing and financial assistance, related to
military activities;
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(F) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support of,
the activities described in subsections (a)(ii)(A) through (E) of this
section or any person listed in or designated pursuant to this order; or
(G) to be owned or controlled by, or acting or purporting to act for or on
behalf of, directly or indirectly, any person listed in or designated
pursuant to this order.
(b) I hereby determine that, to the extent section 203(b)(2) of the IEEPA
(50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type of
articles specified in such section by, to, or for the benefit of any person
listed in or designated pursuant to subsection (a) of this section would
seriously impair my ability to deal with the national emergency declared in
this order, and I hereby prohibit such donations as provided by subsection
(a) of this section.
(c) The prohibitions in subsection (a) of this section include but are not
limited to (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of any person listed in or
designated pursuant to subsection (a) of this section, and (ii) the receipt
of any contribution or provision of funds, goods, or services from any such
person.
Sec. 2. (a) Any transaction by a United States person
or within the United States that evades or avoids, has
the purpose of evading or avoiding, or attempts to
violate any of the prohibitions set forth in this order
is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3. For the purposes of this order:
(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, permanent 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. For those persons listed in or designated
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 this
order, there need be no prior notice of a listing or
determination made pursuant to subsection 1(a) of this
order.
Sec. 5. The Secretary of the Treasury, after
consultation with the Secretary of State, is hereby
authorized to take such actions, including the
promulgation of rules and regulations, and to employ
all powers granted to the President by the IEEPA and
the UNPA as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and
agencies of the United States Government, consistent
with applicable law. All executive agencies of the
United States Government are hereby directed to take
all appropriate measures within their authority to
carry out the provisions of this order and, where
appropriate, to advise the Secretary of the Treasury in
a timely manner of the measures taken. The Secretary of
the Treasury shall ensure compliance with those
provisions of section 401 of the NEA (50 U.S.C. 1641)
applicable to the Department of the Treasury in
relation to this order.
Sec. 6. The Secretary of the Treasury, after
consultation with the Secretary of State, is hereby
authorized to submit the recurring and final reports to
the Congress on the national emergency declared in this
order, consistent
[[Page 64107]]
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of the IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after
consultation with the Secretary of State, is hereby
authorized, subsequent to the issuance of this order,
to determine, and to take necessary action to give
effect to that determination, that circumstances no
longer warrant the blocking of the property and
interests in property of, or the prohibiting of
transactions with, a person listed in the Annex 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, instrumentalities, or entities, its officers
or employees, or any other person.
Sec. 9. This order is effective at 12:01 a.m. eastern
standard time on October 30, 2006.
(Presidential Sig.)
THE WHITE HOUSE,
October 27, 2006.
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