[Weekly Compilation of Presidential Documents Volume 42, Number 44 (Monday, November 6, 2006)]
[Pages 1933-1935]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13413--Blocking Property of Certain Persons Contributing
to the Conflict in the Democratic Republic of the Congo
October 27, 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,
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blocked and may not be transferred, paid, exported, withdrawn, or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;
(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.
[[Page 1934]]
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 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.
[[Page 1935]]
Sec. 9. This order is effective at 12:01 a.m. eastern standard time
on October 30, 2006.
George W. Bush
The White House,
October 27, 2006.
[Filed with the Office of the Federal Register, 12:12 p.m., October 30,
2006]
Note: This Executive order was released by the Office of the Press
Secretary on October 31, and it and its attached annex were published in
the Federal Register on October 31.