Weekly Compilation of Presidential Documents Volume 42 Issue 42 (Monday, October 23, 2006)

[Weekly Compilation of Presidential Documents Volume 42, Number 42 (Monday, October 23, 2006)]
[Pages 1824-1826]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13412--Blocking Property of and Prohibiting Transactions
With the Government of Sudan

October 13, 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), and section 301
of title 3, United States Code, and taking appropriate account of the
Darfur Peace and Accountability Act of 2006 (the ``Act''),
I, George W. Bush, President of the United States of America, find
that, due to the continuation of the threat to the national security and
foreign policy of the United States created by certain policies and
actions of the Government of Sudan that violate human rights, in
particular with respect to the conflict in Darfur, where the Government
of Sudan exercises administrative and legal authority and pervasive
practical influence, and due to the threat to the national security and
foreign policy of the United States posed by the pervasive role played
by the Government of Sudan in the petroleum and petrochemical industries
in Sudan, it is in the interests of the United States to take additional
steps with respect to the national emergency declared in Executive Order
13067 of November 3, 1997. Accordingly, I hereby order:
Section 1. Except to the extent provided in section 203(b) of IEEPA
(50 U.S.C. 1702(b)) or in regulations, orders, directives, or licenses
that may be issued pursuant to this order, all property and interests in
property of the Government of Sudan 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exported, withdrawn, or otherwise dealt in.
Sec. 2. Except to the extent provided in section 203(b) of IEEPA (50
U.S.C. 1702(b)) or 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 transactions by United States persons relating
to the petroleum or petrochemical industries in Sudan, including, but
not limited to, oilfield services and oil or gas pipelines, are
prohibited.
Sec. 3. (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.

[[Page 1825]]

(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 4. (a) Subject to paragraph (b) of this section, restrictions
imposed by this order shall be in addition to, and do not derogate from,
restrictions imposed in and under Executive Order 13067.
(b)(i) None of the prohibitions in section 2 of Executive Order
13067 shall apply to activities or related transactions with respect to
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State,
Abyei, Darfur, or marginalized areas in and around Khartoum, provided
that the activities or transactions do not involve any property or
interests in property of the Government of Sudan.
(ii) The Secretary of State, after consultation with the Secretary
of the Treasury, may define the term ``Southern Sudan, Southern
Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or
marginalized areas in and around Khartoum'' for the purposes of this
order.
(c) The function of the President under subsection 6(c)(1) of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497), as
amended by section 5(a)(3) of the Act, is assigned to the Secretary of
the Treasury as appropriate in the performance of such function.
(d) The functions of the President under subsection 6(c)(2) and the
last sentence of 6(d) of the Comprehensive Peace in Sudan Act of 2004
(Public Law 108-497), as amended by subsections 5(a)(3) and (b),
respectively, of the Act, are assigned to the Secretary of State, except
that the function of denial of entry is assigned to the Secretary of
Homeland Security.
(e) The functions of the President under sections 7 and 8 of the Act
are assigned to the Secretary of State.
Sec. 5. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official business of the
Federal Government or the United Nations by employees thereof; or
(b) transactions in Sudan for journalistic activity by persons
regularly employed in such capacity by a news-gathering organization.
Sec. 6. 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 ``Government of Sudan'' includes the Government of
Sudan, its agencies, instrumentalities, and controlled entities, and the
Central Bank of Sudan, but does not include the regional government of
Southern Sudan.
Sec. 7. For those persons whose property and interests in property
are blocked pursuant to section 1 of 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 there need be no prior notice of a
determination made pursuant to section 1 of this order.
Sec. 8. 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 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

[[Page 1826]]

section 401 of the NEA (50 U.S.C. 1641) applicable to the Department of
the Treasury in relation to this order.
Sec. 9. 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. 10. This order shall take effect upon the enactment of the
Darfur Peace and Accountability Act of 2006.
George W. Bush
The White House,
October 13, 2006.

[Filed with the Office of the Federal Register, 11:27 a.m., October 16,
2006]

Note: This Executive order was published in the Federal Register on
October 17. This item was not received in time for publication in the
appropriate issue.