[Weekly Compilation of Presidential Documents Volume 42, Number 17 (Monday, May 1, 2006)]
[Pages 794-796]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13399--Blocking Property of Additional Persons in
Connection With the National Emergency With Respect to Syria
April 25, 2006
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.), section 5 of the
United Nations Participation Act, as amended (22 U.S.C. 287c)
[[Page 795]]
(UNPA), and section 301 of title 3, United States Code; and in view of
United Nations Security Council Resolution (UNSCR) 1636 of October 31,
2005,
I, George W. Bush, President of the United States of America,
determine that it is in the interests of the United States to (1) assist
the international independent investigation Commission (the
``Commission'') established pursuant to UNSCR 1595 of April 7, 2005, (2)
assist the Government of Lebanon in identifying and holding accountable
in accordance with applicable law those persons who were involved in
planning, sponsoring, organizing, or perpetrating the terrorist act in
Beirut, Lebanon, on February 14, 2005, that resulted in the
assassination of former Prime Minister of Lebanon Rafiq Hariri, and the
deaths of 22 others, and other bombings or assassination attempts in
Lebanon since October 1, 2004, that are related to Hariri's
assassination or that implicate the Government of Syria or its officers
or agents, and (3) take note of the Commission's conclusions in its
report of October 19, 2005, that there is converging evidence pointing
to both Lebanese and Syrian involvement in terrorist acts, that
interviewees tried to mislead the Commission's investigation by giving
false or inaccurate statements, and that a senior official of Syria
submitted false information to the Commission. In light of these
determinations, and to take additional steps with respect to the
national emergency declared in Executive Order 13338 of May 11, 2004,
concerning certain actions of the Government of Syria, I hereby order:
Section 1. (a) Except to the extent that sections 203(b)(1), (3),
and (4) of 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 any United
States person, including any overseas branch, of the following persons
are blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in: persons determined by the Secretary of the Treasury,
after consultation with the Secretary of State,
(i) to be, or to have been, involved in the planning, sponsoring,
organizing, or perpetrating of:
(A) the terrorist act in Beirut, Lebanon, that resulted in the
assassination of former Lebanese Prime Minister Rafiq Hariri and the
deaths of 22 others; or
(B) any other bombing, assassination, or assassination attempt in
Lebanon since October 1, 2004, that is related to Hariri's assassination
or that implicates the Government of Syria or its officers or agents;
(ii) to have obstructed or otherwise impeded the work of the
Commission established pursuant to UNSCR 1595;
(iii) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support
of, any such terrorist act, bombing, or assassination attempt, or any
person designated pursuant to this order; or
(iv) to be owned or controlled by, or acting or purporting to act
for or on behalf of, directly or indirectly, any person designated
pursuant to this order.
(b) I hereby determine that, to the extent section 203(b)(2) of
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 designated pursuant to this order would seriously impair my
ability to deal with the national emergency declared in Executive Order
13338, 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
designated 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.
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(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 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 Executive Order 13338,
there need be no prior notice of a determination made pursuant to
section 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 IEEPA and 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 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. 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. 7. This order is effective at 12:01 a.m. eastern daylight time
on April 26, 2006.
George W. Bush
The White House,
April 25, 2006.
[Filed with the Office of the Federal Register, 8:45 a.m., April 27,
2006]
Note: This Executive order was released by the Office of the Press
Secretary on April 26, and it was published in the Federal Register on
April 28.