[House Document 108-214]
[From the U.S. Government Publishing Office]
108th Congress, 2d Session - - - - - - - - - - - - House Document 108-214
BLOCKING PROPERTY OF CERTAIN PERSONS AND PROHIBITING THE IMPORTATION OF
CERTAIN GOODS FROM LIBERIA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
Transmitting
A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE THREAT TO THE
FOREIGN POLICY OF THE UNITED STATES CONSTITUTED BY CERTAIN ACTIONS,
POLICIES, AND CIRCUMSTANCES WITH RESPECT TO LIBERIA, PURSUANT TO 50
U.S.C. 1703(b) 50 U.S.C. 1631
September 13, 2004.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
The White House,
Washington, July 23, 2004.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with subsection 204(b) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(b)
(IEEPA), I hereby report that I have issued an Executive Order
(the ``order'') in which, in view of United Nations Security
Council Resolutions 1521 of December 22, 2003, and 1532 of
March 12, 2004, I declared a national emergency with respect to
the threat to the foreign policy of the United States
constituted by certain actions, policies, and circumstances
with respect to Liberia. These actions, policies, and
circumstances include the undermining of Liberia's transition
to democracy and the orderly development of its political,
administrative, and economic institutions and resources by
former Liberian President Charles Taylor and other persons, in
particular their unlawful depletion of Liberian resources and
their removal from Liberia and secreting of Liberian funds and
property. These actions, policies, and circumstances also
include the lack of universal implementation throughout Liberia
of the Comprehensive Peace Agreement signed on August 18, 2003,
and the related ceasefire. Finally, these actions, policies,
and circumstances include the link between the illicit trade in
round logs and timber products and the proliferation of and
trafficking in illegal arms, which perpetuate the Liberian
conflict and fuel and exacerbate other conflicts throughout
West Africa.
To address this threat, I ordered that, 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 regulations, orders,
directives, or licenses that may be issued pursuant to the
order, all property and interests in property of the persons
listed in the annex to the order or any person determined by
the Secretary of the Treasury, in consultation with the
Secretary of State, to meet the criteria set forth in section
1(a)(ii) of the order, are blocked. I further ordered that,
except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to the
order, the direct or indirect importation into the United
States of any round log or timber product originating in
Liberia is prohibited.
I have enclosed a copy of the order, which became effective
at 12:01 a.m. eastern daylight time on July 23, 2004.
Sincerely,
George W. Bush.
Executive Order
----------
Blocking Property of Certain Persons and Prohibiting the Importation of
Certain Goods From Liberia
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, and in view of
United Nations Security Council Resolutions 1521 of December
22, 2003, and 1532 of March 12, 2004.
I, GEORGE W. BUSH, President of the United States of
America, note that the actions and policies of former Liberian
President Charles Taylor and other persons, in particular their
unlawful depletion of Liberian resources and their removal from
Liberia and secreting of Liberian funds and property, have
undermined Liberia's transition to democracy and the orderly
development of its political, administrative, and economic
institutions and resources. I further note that the
Comprehensive Peace Agreement signed on August 18, 2003, and
the related ceasefire have not yet been universally implemented
throughout Liberia, and that the illicit trade in round logs
and timber products is linked to the proliferation of and
trafficking in illegal arms, which perpetuate the Liberian
conflict and fuel and exacerbate other conflicts throughout
West Africa. I find that the actions, policies, and
circumstances described above constitute 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 provided in section
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3),
and (4)), or 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
United States 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, in consultation with the Secretary of State:
(A) to be or have been an immediate family
member of Charles Taylor;
(B) to have been a senior official of the
former Liberian regime headed by Charles Taylor
or otherwise to have been or be a close ally or
associate of Charles Taylor or the former
Liberian regime;
(C) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
in support of, the unlawful depletion of
Liberian resources, the removal of Liberian
resources from that country, and the secreting
of Liberian funds and property by any person
whose property and interests in property are
blocked pursuant to this order; or
(D) to be owned or controlled by, or acting
or purporting to act for or on behalf of,
directly or indirectly, any person whose
property and interests in property are blocked
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
whose property or interests in property are blocked pursuant to
paragraph (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 paragraph (a)
of this section.
(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 whose property or interests in property
are blocked pursuant to this order, and
(ii) the receipt of any contribution or provision of
funds, goods, or services from any such person.
Sec. 2. Except 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, the direct or indirect importation into the United
States of any round log or timber product originating in
Liberia is 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.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 4. 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; and
(d) the term ``round log or timber product'' means any
product classifiable in Chapter 44 of the Harmonized Tariff
Schedule of the United States.
Sec. 5. 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 this order, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
Sec. 6. The Secretary of the Treasury, in 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.
Sec. 7. The Secretary of the Treasury, in 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 NEA, 50 U.S.C. 1641(c), and section 204(c) of IEEPA,
50 U.S.C. 1703(c).
Sec. 8. The Secretary of the Treasury, in 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. 9. This order is not intended to, and does not, create
any right or benefit, 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 is effective at 12:01 a.m. eastern
daylight time on July 23, 2004.
Sec. 11. This order shall be transmitted to the Congress
and published in the Federal Register.
George W. Bush.
The White House, July 22, 2004.
ANNEX
1. Allen, Cyril. DOB: 26 Jul. 1952. Former Chairman,
National Patriotic Party; nationality Liberian; alt.
nationality Nigerian.
2. Bout, Viktor Anatolijevitch; aka Butt; aka Bont; aka
Butte; aka Boutov; aka Sergitov, Vitali. DOB: 13 Jan. 1967;
alt. DOB: 13 Jan. 1970. Businessman, dealer and transporter of
weapons and minerals; Passport No. 21N0532664; alt. Passport
No. 29N0006765; alt. Passport No. 21N0557148; alt. Passport No.
44N3570350.
3. Bright, Charles R. DOB: 29 Aug. 1948. Former Minister of
Finance.
4. Cisse, M. Moussa; aka Kamara, Mamadee. DOB: 24 Dec.
1946; alt. DOB: 26 June 1944. Former Chief of Presidential
Protocol; Chairman, Mohammed Group of Companies; Diplomatic
Passport No. D-001548-99 ; Passport No. 0058070
.
5. Cooper, Randolph. DOB: 28 Oct. 1950. Former Managing
Director, Roberts Intl. Airport.
6. Darrah, Kaddieyatu; aka Darah, Kadiyatu; aka Dara,
Kaddieyatu; aka Dara, Kadiyatu. Special Assistant to Charles
Taylor.
7. Dunbar, Belle Y. DOB: 27 Oct. 1967; alt. DOB: 27 Oct.
1963. Former Managing Director, Liberian Petroleum Refining
Company.
8. Dunbar, Jenkins. DOB: 10 Jan. 1947. Former Minister of
Lands, Mines, Energy.
9. Fawas, Abbas. President, Maryland Wood Processing
Industries; President, United Logging Company; nationality
Lebanese.
10. Gibson, Myrtle. DOB: 03 Nov. 1952. Former Senator;
advisor to Charles Taylor.
11. Goodridge, Reginald B. (Senior); aka Goodrich, Reginald
B. (Senior). DOB: 11 Nov. 1952. Former Minister for Culture,
Information, Tourism.
12. Jobe, Baba. Director, Gambia New Millennium Air
Company; Member of Parliament of Gambia, nationality Gambian.
13. Kiia Tai, Joseph Wong. Executive, Oriental Timber
Company.
14. Kleilat, Ali. DOB: 10 July 1970; POB: Beirut Lebanon;
nationality Lebanese Businessman.
15. Kouwenhoven, Gus; aka Kouvenhoven, Gus; aka Kouenhoven,
Gus; aka Kouenhaven, Gus. DOB: 15 Sept. 1942; nationality
Dutch. President, Oriental Timber Company; Owner, Hotel Africa;
Villa #1, Hotel Africa Virginia, Monrovia, Liberia; P.O. Box
1522, Monrovia, Liberia.
16. Minin, Leonid; aka Blavstein; aka Blyuvshtein; aka
Blyafshtein; aka Bluvshtein; aka Blyufshtein; aka Kerler,
Vladimir Abramovich; aka Popiloveski, Vladimir Abramovich; aka
Popelaveski, Vladimir Abramovich; aka Popeloveski, Vladimir
Abramovich; aka Popela, Vladimir Abramovich; aka Popelo,
Vladimir Abramovich; aka Breslan, Wolf; aka Breslan, Wulf; aka
Osols, Igor. DOB: 14 Dec 1947; alt. DOB: 18 Oct. 1946; Owner,
Exotic Tropical Timber Enterprise; nationality Ukrainian;
Passport No. 5280007248D ; alt. Passport No. 18106739D
; Passport No. 6019832 (6/11/94-5/11/99) ;
alt. Passport No. 9001689 (23/1/97-22/1/02) ; alt.
Passport No. 90109052 (26/11/97) ; Passport No.
KI0861177 ; Passport No. 65118 .
17. Nasr, Samir M.; aka Ruprah, Sanjivan. DOB: 09 Aug.
1966. Businessman; Former Deputy Commissioner, Bureau of
Maritime Affairs; Passport No. D-001829-00 ;
nationality Kenyan.
18. Neal, Juanita. DOB: 09 May 1947. Former Deputy Minister
of Finance.
19. Salami, Mohamed Ahmad; aka Salame, Mohamed Ahmad. DOB
22 Sept. 1961. Owner, Mohamed Group of Companies; Taylor's
informal diplomatic representative; nationality Lebanese
20. Sankoh, Foday. Decreased.
21. Shaw, Emmanuel (II). DOB: 26 July 1946; alt. DOB: 26
July 1956; alt. DOB: 29 July 1956. Advisor to Charles Taylor.
22. Taylor, Charles Ghankay; aka Taylor, Charles MacArthur;
aka Some, Jean-Paul; aka Sone, Jean-Paul. DOB: 01 Sept. 1947.
Former President of Liberia.
23. Taylor, Charles (Junior); aka ``Chuckie''. DOB: 12 Feb.
1978. Advisor and son of former President Taylor.
24. Taylor, Tupee Enid. DOB: 17 Dec. 1962. Ex-wife of
former President Taylor.
25. Reeves-Taylor, Agnes; aka Taylor, Agnes Reeves; aka
Reeves-Taylor. DOB: 27 Sept. 1965. Ex-wife of former President
Taylor; ex-Permenent Representative to the International
Maritime Organization; nationality Liberian.
26. Taylor, Jewell Howard. DOB: 17 Jan. 1963. Wife of
former President Taylor.
27. Urey, Benoni. DOB: 22 June 1957. Former Commissioner of
Maritime Affairs; Diplomatic Passport No. D-00148399 .
28. Yeaton, Benjamin; aka Yeaten, Benjamin. Former
Director, Special Security Services; Diplomatic Passport No. D-
00123299 .
Note: The identifying information with respect to each
person listed in this Annex reflects information currently
available and is provided solely to facilitate compliance with
this order. Each individual listed in this Annex remains
subject to the prohibitions of this order notwithstanding any
change in title, position, or affiliation.