1 May 2006
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[Federal Register: May 1, 2006 (Volume 71, Number 83)]
[Presidential Documents]
[Page 25483-25485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my06-119]
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Executive Order 13400 of April 26, 2006
Blocking Property of Persons in Connection With
the Conflict in Sudan's Darfur Region
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transferred, paid, exported, withdrawn, or otherwise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;
(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;
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(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
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
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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.
(Presidential Sig.)B
THE WHITE HOUSE,
April 26, 2006.
Billing code 3195-01-P
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[GRAPHIC] [TIFF OMITTED] TD01MY06.002
[FR Doc. 06-4121 Filed 4-28-06; 8:45 am]
Billing code 4810-25-C