[House Document 109-116]
[From the U.S. Government Publishing Office]
109th Congress 2d Session - - - - - - - - - - - - House Document 109-116
DECLARATION OF A NATIONAL EMERGENCY
WITH RESPECT TO BELARUS
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE
PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE CONFLICT IN BELARUS,
PURSUANT TO 50 U.S.C. 1631
June 21, 2006.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Consistent with subsection 204(b) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and
section 301 of the National Emergencies Act, 50 U.S.C. 1631
(NEA), I hereby report that I have issued an Executive Order
(the ``order'') blocking the property of persons in connection
with the situation in Belarus. In that order, I declared a
national emergency with respect to the policies and actions of
certain individuals in Belarus, to address the unusual and
extraordinary threat to the national security and foreign
policy of the United States posed by the actions and
circumstances involving Belarus, as described below. This
action follows the issuance of Proclamation 8015 of May 12,
2006, ``Suspension of Entry as Immigrants and Nonimmigrants of
Persons Responsible for Policies or Actions That Threaten the
Transition to Democracy in Belarus,'' in which I determined
that it is in the interest of the United States to suspend the
entry into the United States of members of the government of
Alyaksandr Lukashenka and others who formulate, implement,
participate in, or benefit from policies or actions, including
electoral fraud, human rights abuses, and corruption, that
undermine or injure democratic institutions or impede the
transition to democracy in Belarus.
The United States, the European Union, and other allies and
partners around the world have repeatedly expressed support for
the democratic aspirations of the Belarusian people and
condemned the Belarusian government's human rights abuses,
assaults on democracy, and corruption. The Belarusian
authorities have resorted to intense repression in an attempt
to preserve their power, including the disappearances of four
regime critics in 1999 and 2000, which the authorities have
failed to investigate seriously despite credible information
linking top government officials to these acts.
The undemocratic 2006 presidential election was only the
latest example of the Belarusian government's disregard for the
rights of its own citizens. Hundreds of civic and opposition
activists were arrested--and many beaten--both before and after
the vote for exercising their rights. The authorities forcibly
dispersed peaceful post-election demonstrations. There is
simply no place in a Europe whole and free for a regime of this
kind.
The order also takes an important step in the fight against
public corruption, which threatens important United States
interests globally, including ensuring security and stability,
the rule of law and core democratic values, advancing
prosperity, and creating a level playing field for lawful
business activities. As noted in Proclamation 8015, the
persistent acts of corruption by Belarusian government
officials in the performance of public functions has played a
significant role in frustrating the Belarusian people's
aspirations for democracy. This order authorizes the Secretary
of the Treasury to block the assets of senior-level officials
of the Government of Belarus, their family members, or those
closely linked to such officials engaged in such corruption.
Thus, pursuant to IEEPA and the NEA, I have determined that
these actions and circumstances constitute an unusual and
extraordinary threat to the national security and foreign
policy of the United States, and I have issued the order to
deal with this threat.
The order blocks the property and interests in property in
the United States, or in the possession or control of United
States persons, of the persons listed in the Annex to the
order, as well as of any person determined by the Secretary of
the Treasury, after consultation with the Secretary of State:
--to be responsible for, or to have participated in,
actions or policies that undermine democratic processes
or institutions in Belarus;
--to be responsible for, or to have participated in,
human rights abuses related to political repression in
Belarus;
--to be a senior-level official, a family member of
such official, or a person closely linked to such an
official who is responsible for or has engaged in
public corruption related to Belarus.
The order also authorizes the Secretary of the Treasury,
after consultation with the Secretary of State, to designate
for such blocking any person determined to have materially
assisted, sponsored, or provided financial, material, or
technological support for, or goods or services in support of,
the activities listed above or any person listed in or
designated pursuant to the order. I further authorized the
Secretary of the Treasury, after consultation with the
Secretary of State, to designate for such blocking any person
determined 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 the order. The
Secretary of the Treasury, after consultation with the
Secretary of State, is also authorized to remove any persons
from the Annex to the order as circumstances warrant.
I delegated to the Secretary of the Treasury, after
consultation with the Secretary of State, the authority 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 the
order. All executive agencies are directed to take all
appropriate measures within their authority to carry out the
provisions of the order.
The order, a copy of which is enclosed, was effective at
12:01 a.m. eastern daylight time on June 19, 2006.
George W. Bush.
The White House, June 19, 2006.
Executive Order
----------
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's 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
seriouslyimpair 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 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.
Sec. 9. This order is effective at 12:01 a.m. eastern
daylight time on June 19, 2006.
George W. Bush.
The White House, June 16, 2006.
ANNEX
Individuals
1. Alyaksandr Hryhoryavich Lukashenka [President, born
August 30, 1954]
2. Natallia Uladzimirauna Piatkevich [Deputy Head of the
Presidential Administration, born October 24, 1972]
3. Viktar Hryhoryavich Halavanau [Minister of Justice, born
1952]
4. Aliaksandr Leanidavich Zimousky [Head of the Belarusian
State Television and Radio Company (BSTRC) and Member of the
Upper House of Parliament, born January 10, 1961]
5. Stiapan Mikalayevich Sukharenka [Chairman of the
Belarusian KGB, born January 27, 1957]
6. Viktar Uladzimiravich Sheiman [State Secretary of the
Security Council, born May 26, 1958]
7. Dzmitry Valeryevich Paulichenka [Commander of the
Special Response Group of the Ministry of the Interior (SOBR),
born 1966]
8. Uladzimir Uladzimiravich Naumau [Minister of Internal
Affairs, born 1956]
9. Lidziya Mihaulauna Yarmoshina [Head of the Central
Commission for Elections and National Referendums (CEC), born
January 29, 1953]
10. Viktar Aliaksandravich Lukashenka [President's National
Security Advisor, born 1976]