Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo, 64105-64108 [06-9020]

Download as PDF 64105 Presidential Documents Federal Register Vol. 71, No. 210 Tuesday, October 31, 2006 Title 3— Executive Order 13413 of October 27, 2006 The President Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo 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including their overseas branches, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; and (ii) any person determined by the Secretary of the Treasury, after consultation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; rwilkins on PROD1PC63 with PROPOSAL (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; VerDate Aug<31>2005 20:34 Oct 30, 2006 Jkt 211001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\31OCE0.SGM 31OCE0 64106 Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Presidential Documents (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. 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. rwilkins on PROD1PC63 with PROPOSAL 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 VerDate Aug<31>2005 20:34 Oct 30, 2006 Jkt 211001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\31OCE0.SGM 31OCE0 Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Presidential Documents 64107 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. Sec. 9. This order is effective at 12:01 a.m. eastern standard time on October 30, 2006. THE WHITE HOUSE, October 27, 2006. VerDate Aug<31>2005 20:34 Oct 30, 2006 Jkt 211001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\31OCE0.SGM 31OCE0 GWBOLD.EPS</GPH> rwilkins on PROD1PC63 with PROPOSAL Billing code 3195–01–P 64108 Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Presidential Documents [FR Doc. 06–9020 Filed 10–30–06; 12:12 pm] VerDate Aug<31>2005 20:34 Oct 30, 2006 Jkt 211001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\31OCE0.SGM 31OCE0 ED31OC06.036</GPH> rwilkins on PROD1PC63 with PROPOSAL Billing code 4810–25–C

Agencies

[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Presidential Documents]
[Pages 64105-64108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9020]



[[Page 64103]]

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Part VIII





The President





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Executive Order 13413--Blocking Property of Certain Persons 
Contributing to the Conflict in the Democratic Republic of the Congo



Notice of October 27, 2006--Continuation of National Emergency 
Regarding the Proliferation of Weapons of Mass Destruction


                        Presidential Documents 



Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 64105]]

                Executive Order 13413 of October 27, 2006

                
Blocking Property of Certain Persons Contributing 
                to the Conflict in the Democratic Republic of the Congo

                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;

[[Page 64106]]

(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. 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

[[Page 64107]]

                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.

                Sec. 9. This order is effective at 12:01 a.m. eastern 
                standard time on October 30, 2006.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 27, 2006.

Billing code 3195-01-P


[[Page 64108]]

[GRAPHIC] [TIFF OMITTED] TD31OC06.036


[FR Doc. 06-9020 
Filed 10-30-06; 12:12 pm]
Billing code 4810-25-C