[Weekly Compilation of Presidential Documents Volume 42, Number 17 (Monday, May 1, 2006)]
[Pages 802-804]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13400--Blocking Property of Persons in Connection With 
the Conflict in Sudan's Darfur Region

April 26, 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.) (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, find 
that an unusual and extraordinary threat to the national security and 
foreign policy of the United States is posed by the persistence of 
violence in Sudan's Darfur region, particularly against civilians and 
including sexual violence against women and girls, and by the 
deterioration of the security situation and its negative impact on 
humanitarian assistance efforts, as noted by the United Nations Security 
Council in Resolution 1591 of March 29, 2005, and, to deal with that 
threat, hereby expand the scope of the national emergency declared in 
Executive Order 13067 of November 3, 1997, with respect to the policies 
and actions of the Government of Sudan, and 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 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 any United States person, including any 
overseas branch, 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withdrawn, or otherwise dealt in: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 have constituted a threat to the peace process in 
            Darfur;
 (B)         to have constituted a threat to stability in Darfur and the 
            region;
 (C)         to be responsible for conduct related to the conflict in 
            Darfur that violates international law;

[[Page 803]]

 (D)         to be responsible for heinous conduct with respect to human 
            life or limb related to the conflict in Darfur;
 (E)         to have directly or indirectly supplied, sold, or 
            transferred arms or any related materiel, or any assistance, 
            advice, or training related to military activities to:
 (1)         the Government of Sudan;
 (2)         the Sudan Liberation Movement/Army;
 (3)         the Justice and Equality Movement;
 (4)         the Janjaweed; or
 (5)         any person (other than a person listed in subparagraph 
            (E)(1) through (E)(4) above) operating in the states of 
            North Darfur, South Darfur, or West Darfur that is a 
            belligerent, a nongovernmental entity, or an individual;
 (F)         to be responsible for offensive military overflights in and 
            over the Darfur region;
 (G)         to have materially assisted, sponsored, or provided 
            financial, materiel, or technological support for, or goods 
            or services in support of, the activities described in 
            paragraph (a)(ii)(A) through (F) of this section or any 
            person listed in or designated pursuant to this order; or
 (H)         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 
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 this order would 
seriously impair my ability to deal with the national emergency declared 
in Executive Order 13067 and expanded in this order, and I hereby 
prohibit such donations as provided by paragraph (a) of this section.
    (c) The prohibitions of 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 
listed in or 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.

    (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;

    (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; and

    (d) the term ``arms or any related materiel'' means arms or related 
materiel of all types, military aircraft, and equipment, but excludes:

(i)          supplies and technical assistance, including training, 
            intended solely for use in authorized monitoring, 
            verification, or peace support operations, including such 
            operations led by regional organizations;

(ii)         supplies of non-lethal military equipment intended solely 
            for humanitarian use, human rights monitoring use, or 
            protective use, and related technical assistance, including 
            training;

(iii)        supplies of protective clothing, including flak jackets and 
            military helmets, for use by United Nations personnel, 
            representatives of the media, and humanitarian and 
            development workers and associated personnel, for their 
            personal use only;

(iv)         assistance and supplies provided in support of 
            implementation of the Comprehensive Peace Agreement

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            signed January 9, 2005, by the Government of Sudan and the 
            People's Liberation Movement/Army; and
(v)          other movements of military equipment and supplies into the 
            Darfur region by the United States or that are permitted by 
            a rule or decision of the Secretary of State, after 
            consultation with the Secretary of the Treasury.
    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 Executive Order 13067 and 
expanded by this order, there need be no prior notice of a listing or 
determination made pursuant to section 1 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. 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 expanded by this 
order, consistent 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 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 of 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 daylight time 
on April 27, 2006.
                                                George W. Bush
The White House,
April 26, 2006.

[Filed with the Office of the Federal Register, 8:45 a.m., April 28, 
2006]

Note: This Executive order was released by the Office of the Press 
Secretary on April 27, and the Executive order and its attached annex 
were published in the Federal Register on May 1.