[House Document 109-72] [From the U.S. Government Printing Office] 109th Congress, 1st Session - - - - - - - - - House Document 109-72 _____________________________________________________________________ AMENDMENT OF THE NATIONAL EMERGENCY WITH RESPECT TO ZIMBABWE __________ MESSAGE from THE PRESIDENT OF THE UNITED STATES transmitting NOTIFICATION THAT THE NATIONAL EMERGENCY BLOCKING THE PROPERTY OF PERSONS UNDERMINING DEMOCRATIC PROCESSES OR INSTITUTIONS IN ZIMBABWE ON MARCH 6, 2003, BY EXECUTIVE ORDER 13288, IS AMENDED TO EXTEND THE AUTHORITY FOR BLOCKING PROPERTY AND INTERESTS IN PROPERTY [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] December 6, 2005.--Message and accompanying papers referred to the Committee on International Relations and ordered to be printed The White House Washington, November 22, 2005. Hon. J. Dennis Hastert, Speaker of the House of Representatives, Washington, DC. Dear Mr. Speaker: Pursuant to the International Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.), I hereby report that I have issued an Executive Order that amends Executive Order 13288 of March 6, 2003, and expands the authority for blocking property and interests in property. Executive Order 13288 blocked the property of 77 persons responsible for hindering the democratic transition in Zimbabwe. It provided for the secondary designation of persons owned or controlled by, or acting or purporting to act, directly or indirectly, for or on behalf of any of the 77 persons listed in its Annex. Since Executive Order 13288 was issued in March 2003, conditions in Zimbabwe have continued to deteriorate. The government continues to suppress opposition groups and civil society, undermine the independent media, ignore decisions by its courts, and refuse to enter into meaningful negotiations with other political actors. Zimbabwe's parliamentary elections in March 2005 were not free or fair. Recent demolitions of low income housing and informal markets have caused 700,000 people to lose their homes, jobs, or both. Additional measures are required to promote democratic change. The new order adds primary designation authority to Executive Order 13288, as well as authority to designate immediate family members of, and those who provide support to, sanctioned persons. It also adds authority to determine that circumstances no longer warrant the blocking of property and interests in property of a person listed on the Annex. Specifically, the new order will allow the Secretary of the Treasury, in consultation with the Secretary of State, to designate those who have engaged in actions or policies to undermine Zimbabwe's democratic processes or institutions, thus contributing to the deliberate breakdown in the rule of law in Zimbabwe, to politically motivated violence and intimidation in that country, or to political and economic instability in the Southern African region. It will also allow for secondary designations of persons determined to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, such actions or policies or any persons sanctioned pursuant to Executive Order 13288, as amended (the ``order''). It will further allow for the secondary designations of those persons who are or have been immediate family members of, or are owned or controlled by or acting for or on behalf of, any persons sanctioned pursuant to the order. Accompanying the new order is an Annex that replaces and supersedes in its entirety the Annex to Executive Order 13288. This new Annex contains a revised list of persons whose property and interests in property are blocked by the President pursuant to section 1(a)(i) of the order, including key government and party officials and their family members. The new order will provide needed flexibility as conditions in Zimbabwe evolve, allowing my Administration to more effectively utilize targeted sanctions to promote positive democratic change in Zimbabwe. I am enclosing a copy of the Executive Order I have issued. Sincerely, George W. Bush. Executive Order ---------- Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe 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.), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the continued actions and policies of certain persons who undermine Zimbabwe's democratic processes and with respect to the national emergency described and declared in Executive Order 13288 of March 6, 2003, I, GEORGE W. BUSH, President of the United States of America, hereby order: Section 1. The Annex to Executive Order 13288 of March 6, 2003, is replaced and superseded in its entirety by the Annex to this order. Sec. 2. Section 6 of Executive Order 13288 is renumbered as section 8. Sections 1 through 5 of Executive Order 13288 are replaced with new sections 1 through 7 as follows: ``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)), and 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 United States persons, including their overseas branches, 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 have engaged in actions or policies to undermine Zimbabwe's democratic processes or institutions; (B) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, such actions or policies or any person whose property and interests in property are blocked pursuant to this order; (C) to be or have been an immediate family member of 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 and 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 and 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. (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 whose property and interests in property are blocked 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(a) of this order. Sec. 5. 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, 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. 6. 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(a) of this order. Sec. 7. This order is not intended to create, nor does it 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. 3. This order is not intended to create, nor does it 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. 4. This order shall take effect at 12:01 a.m. eastern standard time, November 23, 2005. Sec. 5. This order shall be transmitted to the Congress and published in the Federal Register. George W. Bush. The White House, November 22, 2005. ANNEX Individuals 1. Robert Gabriel MUGABE [President of the Republic of Zimbabwe, born 21 Feb. 1924] 2. Flora BUKA [Minister of State for Special Affairs, Land and Resettlement Program, born 25 Feb. 1968] 3. Abina CHAPFIKA [Spouse of David Chapfika, born 23 Aug. 1961] 4. David CHAPFIKA [Deputy Minister of Finance, born 7 Apr. 1957] 5. George CHARAMBA [Permanent Secretary, Ministry of Information and Publicity, born 4 Apr. 1963] 6. Rudo Grace CHARAMBA [Spouse of George Charamba, born 20 June 1964] 7. Fortune Zefanaya CHARUMBIRA [Member of Parliament & Central Committee Member, born 10 June 1962] 8. Tinaye Elisha Nzirasha CHIGUDU [Manicaland Provincial Governor, born 13 Aug. 1942] 9. Aeneas Soko CHIGWEDERE [Minister of Education, Sports and Culture, born 25 Nov. 1939] 10. Phineas CHIHOTA [Deputy Minister of Industry and International Trade, born 23 Nov. 1950] 11. Augustine CHIHURI [Police Commissioner, born 10 Mar. 1953] 12. Enos CHIKOWORE [Former Central Committee Member, born 17 July 1942] 13. Chenhamo Chakezha Chen CHIMUTENGWENDE [Minister of State for Public and Interactive Affairs, born 28 Aug. 1943] 14. Gamuchirai CHINAMASA [Child of Patrick Chinamasa, born 11 Nov. 1991] 15. Monica CHINAMASA [Spouse of Patrick Chinamasa, born 1950] 16. Patrick CHINAMASA [Minister of Justice, Legal and Parliamentary Affairs, born 25 Jan. 1947] 17. Edward CHINDORI-CHININGA [Member of Parliament for Guruve South, born 14 Mar. 1955] 18. Victoria CHITEPO [Politburo, born 27 Mar. 1928] 19. Constantine Gureya CHIWENGA [Lt. Gen., Commander of Zimbabwe Defense Forces, born 25 Aug. 1956] 20. Jocelyn Mauchaza CHIWENGA [Spouse of Constantine Chiwenga, born 19 May 1955] 21. George CHIWESHE [Chairman of Zimbabwe Electoral Commission, born 4 June 1953] 22. Willard CHIWEWE [Masvingo Provincial Governor, born 19 Mar. 1949] 23. Ever CHOMBO [Spouse of Ignatius Chombo, born 20 Sept. 1956] 24. Ignatius Morgan CHOMBO [Minister of Local Government, Public Works and National Housing, born 1 Aug. 1952] 25. Marian CHOMBO [Spouse of Ignatius Chombo, born 11 Aug. 1960] 26. Dumiso DABENGWA [Politburo Committee Member, born 6 Dec. 1939] 27. Ijeoma DABENGWA [Child of Dumiso Dabengwa, born 27 Oct. 1971] 28. Abigail DAMASANE [Deputy Minister for Women's Affairs, Gender, and Community Development, born 27 May 1952] 29. Theophilus Pharaoh GAMBE [Chairman, Electoral Supervisory Commission, born 20 June 1959] 30. Nicholas Tasunungurwa GOCHE [Minister of Public Works, Labor and Social Welfare, born 1 Aug. 1946] 31. Gideon GONO [Governor of the Reserve Bank of Zimbabwe, born 29 Nov. 1959] 32. Hellin Mushanyuri GONO [Spouse of Gideon Gono, born 6 May 1962] 33. Aleck Rugare Ngidi GUMBO [Minister for Economic Development, born 8 Mar. 1940] 34. Richard Chemist HOVE [Politburo Secretary for Economic Affairs, born 23 Sept. 1939] 35. Tichaona Joseph Benjamin JOKONY A [Minister of Information and Publicity, born 27 Dec. 1938] 36. Kumbirai KANGAI [Politburo Deputy Secretary for External Relations, born 17 Feb. 1938] 37. David KARIMANZIRA [Harare Provincial Governor & Politburo Secretary for Finance, born 25 May 1947] 38. Savior KASUKUWERE [Deputy Minister for Youth Development and Employment Creation & Deputy Secretary for Youth Affairs, born 23 Oct. 1970] 39. Ray Joseph KAUKONDE [Mashonaland East Provincial Governor, born 4 Mar. 1963] 40. Andrew LANGA [Deputy Minister of Environment and Tourism, born 13 Jan. 1965] 41. Thenjiwe LESABE [Politburo Committee Member, born 5 Jan. 1933] 42. Jaison Max Kokerai MACHAYA [Member of Parliament for Gokwe Kana, born 13 June 1952] 43. Joseph Mtakwese MADE [Minister of Agriculture, born 21 Nov. 1954] 44. Edna MADZONGWE [Deputy Speaker of Parliament, born 11 July 1945] 45. Shuvai Ben MAHOFA [Member of Parliament for Gutu South, born 4 Apr. 1941] 46. Joshua MALINGA [Deputy Secretary for Disabled and Disadvantaged, born 28 Apr. 1944] 47. Barbara MANDIZHA [Deputy Police Commissioner, born 24 Oct. 1959] 48. Munyaradzi Paul MANGWANA [Minister of State for Anti- Corruption and Anti-Monopolies, born 10 Aug. 1961] 49. Witness MANGWENDE [Former Minister of Transport and Communications, born 15 Aug. 1946] 50. Elliot MANYIKA [Minister Without Portfolio, born 30 July 1955] 51. Keneth MANYONDA [Central Committee Member, born 10 Aug. 1934] 52. Rueben MARUMAHOKO [Deputy Minister for Home Affairs, born 4 Apr. 1948] 53. Angeline MASUKU [Matebeleland South Provincial Governor & Politburo Secretary for Gender and Culture, born 14 Oct. 1936] 54. Godwin MATANGA [Deputy Police Commissioner, born 5 Feb. 1962] 55. Cain MATHEMA [Bulawayo Provincial Governor, born 28 Jan. 1948] 56. Sithokozile MATHUTHU [Matabeleland North Provincial Governor & Deputy Secretary for Transport and Social Welfare] 57. Innocent Tonderai MATIBIRI [Deputy Police Commissioner, born 9 Oct. 1968] 58. Biggie Joel MATIZA [Deputy Minister of Rural Housing and Social Amenities, born 17 Aug. 1960] 59. Bright MATONGA [Deputy Minister of Information and Publicity, born 1969] 60. Obert MATSHALAGA [Deputy Minister of Foreign Affairs, born 21 Apr. 1951] 61. Amos Bernard Muvenga MIDZI [Minister for Mines and Mining Development, born 4 July 1952] 62. Emmerson Dambudzo MNANGAGWA [Minister of Rural Housing and Social Amenities, born 15 Sept. 1946] 63. Kembo Campbell Dugishi MOHADI [Minister of Home Affairs, born 15 Nov. 1949] 64. Swithun MOMBESHORA [Former Minister of Higher Education, born 20 Aug. 1945] 65. Jonathan Nathaniel MOYO [Member of Parliament for Tsholotsho & Former Minister of Information and Publicity, born 12 Jan. 1957] 66. Simon Khaya MOYO [Politburo Member, born 1 Oct. 1945] 67. Obert Moses MPOFU [Deputy Secretary for National Security, born 12 Oct. 1951] 68. Joseph MSlKA [First Vice President, born 6 Dec. 1923] 69. Cephas George MSIPA [Midlands Provincial Governor, born 7 July 1931] 70. Sharlottie MSIPA [Spouse of Cephas Msipa, born 6 May 1936] 71. Olivia Nyembezi MUCHENA [Minister of State for Science and Technology Development, born 18 Aug. 1946] 72. Natasha MUCHINGURI [Child of Oppah Muchinguri, born 1994] 73. Oppah Chamu Zvipange MUCHINGURI [Minister of Women's Affairs, Gender and Community Development, born 14 Dec. 1958] 74. Tanya MUCHINGURI [Child of Oppah Muchinguri, born 1989] 75. Isack Stan Gorerazvo MUDENGE [Minister of Higher and Tertiary Education, born 17 Dec. 1948] 76. Grace MUGABE [Spouse of Robert Mugabe, born 23 July 1965] 77. Sabina MUGABE [Politburo Senior Committee Member, born 14 Oct. 1934] 78. Edwin MUGUTI [Deputy Minister of Health and Child Welfare, born 2 May 1964] 79. Joyce Teurai Ropa MUJURU [Second Vice President, born 15 Apr. 1955] 80. Solomon Tapfumaneyi Ruzambo MUJURU (a.k.a. Rex NANGO) [Politburo Senior Committee Member, born 1 May 1949] 81. Samuel Simbarashe Simbanenduku MUMBENGEGWI [Non- Constituency Member of Parliament, born 20 July 1945] 82. Herbert Muchemwa MURERWA [Minister of Finance, born 31 July 1941] 83. Ruth Chipo MURERWA [Child of Herbert Murerwa, born 27 July 1947] 84. Christopher Chindoti MUSHOHWE [Minister of Transport and Communications, born 6 Feb. 1954] 85. Didymus Noel Edwin MUTASA [Minister of State for National Security, born 27 July 1935] 86. Munacho Thomas Alvar MUTEZO [Minister of Water Resources and Infrastructural Development, born 14 Feb. 1954] 87. Ambrose MUTINHIRI [Minister of Youth Development and Employment Creation, born 22 Feb. 1944] 88. Kenneth Keparadza MUTIWEKUZIVA [Deputy Minister for Small and Medium Enterprise Development, born 27 May 1948] 89. Simon Vengesai MUZENDA [Former Vice President, born 28 Oct. 1922] 90. Tsitsi MUZENDA [Politburo Senior Committee Member, born 22 Aug. 1922] 91. Elisha MUZONZINI [Former Director of the Central Intelligence Organization, born 24 June 1957] 92. Abedinico NCUBE [Deputy Minister of Public Service, Labor and Social Welfare, born 13 March 1954] 93. Naison K. NDLOVU [Politburo Secretary for Production and Labor, born 22 Oct. 1930] 94. Richard NDLOVU [Politburo Deputy Commissariat, born 26 June 1942] 95. Rose Jaele NDLOVU [Spouse of Sikhanyiso Ndlovu, born 27 Sept. 1939] 96. Sikhanyiso Duke NDLOVU [Deputy Minister of Higher and Tertiary Education, born 4 May 1937] 97. Sylvester Robert NGUNI [Deputy Minister of Agriculture, born 4 May 1955] 98. Chenayaimoyo Dunstan Francis NHEMA [Minister of Environment and Tourism, born 17 Apr. 1959] 99. Georgina Ngwenya NKOMO [Spouse of John Nkomo, born 4 Aug. 1966] 100. John Landa NKOMO [Speaker of Parliament & ZANU-PF National Chairman, born 22 Aug. 1934] 101. Louise S. NKOMO (a.k.a. Louise Sehulle NHEMA) [Spouse of Francis Nhema, born 25 Aug. 1964] 102. Stephen NKOMO [Former Politburo Senior Committee Member, born 3 Oct. 1926] 103. Michael Rueben NYAMBUYA [Minister of Energy and Power Development, born 23 July 1955] 104. Peter Baka NYONI [Spouse of Sithembiso Nyoni, born 10 Jan. 1950] 105. Sithembiso NYONI [Minister of Small and Medium Enterprises Development, born 20 Sept. 1949] 106. David Pagwese PARIRENYATWA [Minister of Health and Child Welfare, born 2 Aug. 1950] 107. Khantibhal PATEL [Politburo Deputy Secretary for Finance, born 28 Oct. 1928] 108. Selina POTE [Deputy Secretary for Gender and Culture] 109. Tinos RUSERE [Deputy Minister of Mines and Mining Development, born 10 May 1945] 110. Morris SAKABUYA [Deputy Minister of Local Government, Public Works, and Urban Development] 111. Stanley SAKUPWANYA [Deputy Secretary for Disabled and Disadvantaged, born 1945] 112. Tendai SAVANHU [Politburo Deputy Secretary of Transport and Social Welfare, born 21 March 1968] 113. Lovemore SEKERAMAYI [Chief Elections Officer] 114. Sidney Tigere SEKERAMAYI [Minister of Defense, born 30 Mar. 1944] 115. Tsitsi Chihuri SEKERAMAYI [Spouse of Sydney Sekeramayi, born 1944] 116. Webster Kotiwani SHAMU [Minister of Policy Implementation, born 6 June 1945] 117. Nathan Marwirakuwa SHAMUYARIRA [Politburo Secretary for Information and Publicity, born 29 Sept. 1928] 118. Perence SHIRI [Zimbabwean Air Marshal (Air Force), born 11 Jan. 1955] 119. Isaiah Masvayamwanda SHUMBA [Deputy Minister for Education, Sports and Culture, born 3 Jan. 1949] 120. Levy SIBANDA [Deputy Police Commissioner] 121. Absolom SIKOSANA [Politburo Secretary for Youth Affairs] 122. Solomon TAWENGWA [Former Executive Mayor of Harare, born 15 June 1940] 123. Josiah TUNGAMIRAI [Former Minister of State for Indigenization and Empowerment, born 8 Oct. 1948] 124. Charles Manhamu UTETE [Former Cabinet Secretary, born 30 Oct. 1938] 125. Beauty Lily ZHUWAO [Spouse of Patrick Zhuwao, born 10 Jan. 1965] 126. Patrick ZHUWAO [Deputy Minister of Science and Technology, born 23 May 1967] 127. Paradzai ZIMONDI [Zimbabwe Prisons Chief, born Mar. 1947] 128. Vitalis ZVINAVASHE [Politburo Member & Retired Commander of Zimbabwe Defense Forces, born 27 Sept. 1943] Entities 1. Allan Grange Farm [Chegutu, Zimbabwe] 2. Auchenburg Farm [Nyamandlovu, Zimbabwe] 3. Bamboo Creek Farm [Shamva, Zimbabwe] 4. Bourne Farm [Chegutu, Zimbabwe] 5. Calgary Farm [Mazowe, Zimbabwe] 6. Cold Comfort Farm Trust Co-Operative [Harare, Zimbabwe] 7. Corburn 13 Farm [Chegutu, Zimbabwe] 8. Duiker Flats Farm [Zimbabwe] 9. Eirin Farm [Marondera, Zimbabwe] 10. Eyrie Farm [Mashvingo, Zimbabwe] 11. Fountain Farm [Insiza, Zimbabwe] 12. Gowrie Farm [Norton, Zimbabwe] 13. Harmony Farm [Mazowe, Zimbabwe] 14. Little Connemara 1 Farm [Nyanga, Zimbabwe] 15. Lochinvar Farm [Mashvingo, Zimbabwe] 16. Longwood Farm [Zimbabwe] 17. Lot 3A of Dete Valley Farm [Lupane, Zimbabwe] 18. Lothain Farm [Guru, Zimbabwe] 19. M & S Syndicate (Pvt) Ltd. [Harare, Zimbabwe] 20. Marondera Maple Leaf Farm [Zimbabwe] 21. Ndlovu Motorways [Harare, Zimbabwe] 22. Oldham Farm [Chegutu, Zimbabwe] 23. Patterson Farm [Mazowe, Zimbabwe] 24. Pimento Farm [Mashonaland, Zimbabwe] 25. R/E of Audrey Farm [Zimbabwe] 26. R/E of Mlembwe Farm [Mlembwe, Zimbabwe] 27. Spring SP Farm [Mashvinigo, Zimbabwe] 28. Subdivision 3 of Caledon Farm [Caledon, Zimbabwe] 29. Swift Investments (Pvt) Ltd. [Harare, Zimbabwe] 30. Ulva Farm [Marondera, Zimbabwe] 31. Umguza Block Farm [Umguza, Zimbabwe] 32. Zimbabwe Defence Industries (Pvt) Ltd. [Harare, Zimbabwe] 33. Zvinavashe Investments Ltd. (a.k.a. Lamfontine Farm; a.k.a. Zvinavshe Transport) [Harare, Zimbabwe] Note: The bracketed identifying information with respect to each individual and entity 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.