[Weekly Compilation of Presidential Documents Volume 41, Number 47 (Monday, November 28, 2005)]
[Pages 1766-1768]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13391--Blocking Property of Additional Persons
Undermining Democratic Processes or Institutions in Zimbabwe
November 22, 2005
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.), and section 301 of
title 3, United States Code, and in order to take additional steps with
respect to the continued actions and policies of certain persons who
undermine Zimbabwe's democratic processes and with respect to the
national emergency described and declared in Executive Order 13288 of
March 6, 2003,
I, George W. Bush, President of the United States of America, hereby
order:
Section 1. The Annex to Executive Order 13288 of March 6, 2003, is
replaced and superseded in its entirety by the Annex to this order.
Sec. 2. Section 6 of Executive Order 13288 is renumbered as section
8. Sections 1 through 5 of Executive Order 13288 are replaced with new
sections 1 through 7 as follows:
``Section 1. (a) Except to the extent provided in section 203(b)(1),
(3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and 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 of the following persons, that are in
the United States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of United States
persons, including their overseas branches, 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transferred, paid, exported, withdrawn, or otherwise dealt in: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, in
consultation with the Secretary of State:
(A) to have engaged in actions or policies to undermine Zimbabwe's
democratic processes or institutions;
(B) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support
of, such actions or policies or any person whose property and interests
in property are blocked pursuant to this order;
(C) to be or have been an immediate family member of any person
whose property and interests in property are blocked pursuant to this
order; or
(D) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to this order.
(b) I hereby determine that the making of donations of the type of
articles specified 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 paragraph (a) of this section would
seriously impair my
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ability to deal with the national emergency declared in this order, and
I hereby prohibit such donations as provided by paragraph (a) of this
section.
(c) The prohibitions in paragraph (a) of this section include but
are not limited to (i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of any person whose
property and interests in property are blocked pursuant to this order,
and (ii) the receipt of any contribution or provision of funds, goods,
or services from any such person.
Sec. 2. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or 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 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 this order, there need be no prior notice of a listing or
determination made pursuant to section 1(a) of this order.
Sec. 5. The Secretary of the Treasury, in 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 IEEPA, 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 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.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to determine, subsequent to the
issuance of this order, that circumstances no longer warrant the
inclusion of a person in the Annex to this order and that the property
and interests in property of that person are therefore no longer blocked
pursuant to section 1(a) of this order.
Sec. 7. This order is not intended to create, nor does it 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. 3. This order is not intended to create, nor does it 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. 4. This order shall take effect at 12:01 a.m. eastern standard
time, November 23, 2005.
Sec. 5. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush
The White House,
November 22, 2005.
[Filed with the Office of the Federal Register, 11:16 a.m., November
23, 2005]
Note: This Executive order released by the Office of the Press Secretary
on November 23, and it was published in the Federal Register on November
25.
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