20 June 2006
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[Federal Register: June 20, 2006 (Volume 71, Number 118)]
[Presidential Documents]
[Page 35483-35487]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn06-93]
[[Page 35483]]
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Part II
The President
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Executive Order 13405--Blocking Property of Certain Persons Undermining
Democratic Processes or Institutions in Belarus
Notice [below] of June 19, 2006--Continuation of the National Emergency With
Respect to the Risk of Nuclear Proliferation Created by the
Accumulation of Weapons-Usable Fissile Material in the Territory of the
Russian Federation
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 35485]]
Executive Order 13405 of June 16, 2006
Blocking Property of Certain Persons Undermining
Democratic Processes or Institutions in Belarus
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,
I, GEORGE W. BUSH, President of the United States of
America, determine that the actions and policies of
certain members of the Government of Belarus and other
persons to undermine Belarus' democratic processes or
institutions, manifested most recently in the
fundamentally undemocratic March 2006 elections, to
commit human rights abuses related to political
repression, including detentions and disappearances,
and to engage in public corruption, including by
diverting or misusing Belarusian public assets or by
misusing public authority, constitute an unusual and
extraordinary threat to the national security and
foreign policy of the United States, hereby declare a
national emergency to deal with that threat, and hereby
order:
Section 1. (a) Except to the extent provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1),
(3), and (4)), 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 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:
(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 responsible for, or to have participated in, actions or policies
that undermine democratic processes or institutions in Belarus;
(B) to be responsible for, or to have participated in, human rights abuses
related to political repression in Belarus;
(C) to be a senior-level official, a family member of such an official, or
a person closely linked to such an official who is responsible for or has
engaged in public corruption related to Belarus;
(D) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support of,
the activities described in paragraphs (a)(ii)(A) through (C) of this
section or any person listed in or designated pursuant to this order; or
(E) 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 the making of donations of
the type of articles specified in section 203(b)(2) of
IEEPA (50 U.S.C. 1702(b)(2)) 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 this order, and I
hereby prohibit such donations as provided by paragraph
(a) of this section.
[[Page 35486]]
(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 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 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.
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 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, 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 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.
[[Page 35487]]
Sec. 9. This order is effective at 12:01 a.m. eastern
daylight time on June 19, 2006.
(Presidential Sig.)B
THE WHITE HOUSE,
June 16 2006.
Billing code 3195-01-P
![[Image]](eo13405.jpg)
[FR Doc. 06-5592 Filed 6-19-06; 11:43 am]
Billing code 3195-01-C
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[Federal Register: June 20, 2006 (Volume 71, Number 118)]
[Presidential Documents]
[Page 35489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn06-92]
Presidential Documents
[[Page 35489]]
Notice of June 19, 2006
Continuation of the National Emergency With
Respect to the Risk of Nuclear Proliferation Created by
the Accumulation of Weapons-Usable Fissile Material in
the Territory of the Russian Federation
On June 21, 2000, the President issued Executive Order
13159 (the ``order''), blocking property and interests
in property of the Government of the Russian Federation
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 that are directly related to the implementation
of the Agreement Between the Government of the United
States of America and the Government of the Russian
Federation Concerning the Disposition of Highly
Enriched Uranium Extracted from Nuclear Weapons, dated
February 18, 1993, and related contracts and agreements
(collectively, the ``HEU Agreements''). The HEU
Agreements allow for the downblending of highly
enriched uranium derived from nuclear weapons to low
enriched uranium for peaceful commercial purposes. The
order invoked the authority, inter alia, of the
International Emergency Economic Powers Act, 50 U.S.C.
1701 et seq., and declared a national emergency to deal
with the unusual and extraordinary threat to the
national security and foreign policy of the United
States posed by the risk of nuclear proliferation
created by the accumulation of a large volume of
weapons-usable fissile material in the territory of the
Russian Federation.
The national emergency declared on June 21, 2000, must
continue beyond June 21, 2006, to provide continued
protection from attachment, judgment, decree, lien,
execution, garnishment, or other judicial process for
the property and interests in property of the
Government of the Russian Federation that are directly
related to the implementation of the HEU Agreements and
subject to U.S. jurisdiction. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the
national emergency with respect to weapons-usable
fissile material in the territory of the Russian
Federation. This notice shall be published in the
Federal Register and transmitted to the Congress.
(Presidential Sig.)B
THE WHITE HOUSE,
June 19, 2006.
[FR Doc. 06-5593 Filed 6-19-06; 11:43 am]
Billing code 3195-01-P
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