[House Document 109-88]
[From the U.S. Government Publishing Office]



                                     

109th Congress, 2d Session - - - - - - - - - - - - - House Document 109-
88
 
   DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO COTE D'IVOIRE

                               __________

                                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 COTE 
                D'IVOIRE, PURSUANT TO 50 U.S.C. 1703(b)




  February 14, 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 certain persons 
contributing to the conflict in Cote d'Ivoire. In that order, I 
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 that conflict, as 
described below.
    The United Nations Security Council, in Resolution 1572 of 
November 15, 2004, expressed deep concern over the resumption 
of hostilities in Cote d'Ivoire, the public incitement of 
hatred and violence, and the repeated violations of the 
ceasefire agreement of May 3, 2003. United Nations Security 
Council Resolution (UNSCR) 1572 determined that the situation 
in Cote d'Ivoire poses a threat to international peace and 
security in the region and called on member States to take 
certain measures against persons responsible for the continuing 
conflict. The United Nations Security Council has continued to 
express serious concern at the persistence of the crisis in 
Cote d'Ivoire and of obstacles to the peace and national 
reconciliation process from all sides in UNSCRs 1643 of 
December 15, 2005, and 1652 of January 24, 2006.
    Despite the intervention and efforts of the international 
community, there have been massacres of large numbers of 
civilians, widespread human rights abuses, significant 
political violence and unrest, and attacks against 
international peacekeeping forces in Cote d'Ivoire. Such 
activity includes the killing of large numbers of civilians in 
Korhogo in June 2004, and in Abidjan in March 2004; significant 
violence and unrest, including public incitements to violence, 
in Abidjan in November 2004; human rights violations, including 
extrajudicial killings, in western Cote d'Ivoire in April and 
June 2005; attacks on a police station and prison in July 2005 
in Anyama and Agboville, and violent protests in Abidjan and 
attacks on U.N. and international nongovernmental organization 
facilities in western Cote d'Ivoire in January 2006. Also, 
notwithstanding the Linas-Marcoussis Agreement signed by the 
Ivorian political forces on January 24, 2003, the related 
ceasefire agreement of May 3, 2003, the Accra III Agreement of 
July 30, 2004, the Pretoria Agreement of April 6, 2005, and the 
Declaration on the Implementation of the Pretoria Agreement of 
June 29, 2005, consolidating the implementation of the Linas-
Marcoussis peace and national reconciliation process, Ivorian 
parties have continued to engage in military operations and 
attacks against peacekeeping forces in Cote d'Ivoire leading to 
fatalities.
    Pursuant to the 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 declared a national emergency 
to deal with that threat and have issued an Executive Order to 
deal with the threat to U.S. national security and foreign 
policy posed by the situation in or in relation to Cote 
d'Ivoire.
    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 constitute a threat to the peace and 
        national reconciliation process in Cote d'Ivoire, such 
        as by blocking the implementation of the Linas-
        Marcoussis, Accra III, and Pretoria Agreements;
           to be responsible for serious violations of 
        international law in Cote d'Ivoire;
           to have directly or indirectly supplied, 
        sold or transferred to Cote d'Ivoire arms or any 
        related materiel or any assistance, advice, or training 
        related to military activities; or
           to have publicly incited violence and hatred 
        contributing to the conflict in Cote d'Ivoire.
    The designation criteria will be applied in accordance with 
applicable domestic law, including where appropriate, the First 
Amendment to the United States Constitution.
    The order also authorizes the Secretary of the Treasury, 
after consultation with the Secretary of State, to designate 
for 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 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 the IEEPA and the United Nations Participation Act, 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, became effective at 
12:01 a.m. eastern standard time on February 8, 2006.

                                                    George W. Bush.
    The White House, February 8, 2006.
                            Executive Order

                              ----------                              


 Blocking Property of Certain Persons Contributing to the Conflict in 
                             Cote d'Ivoire

    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 to assist in 
addressing humanitarian, safety, and other concerns in or in 
relation to the country of Cote d'Ivoire,
    I, GEORGE W. BUSH, President of the United States of 
America, determine that the situation in or in relation to Cote 
d'Ivoire, which has been addressed by the United Nations 
Security Council in Resolution 1572 of November 15, 2004, and 
subsequent resolutions, that has resulted in the massacre of 
large numbers of civilians, widespread human rights abuses, 
significant political violence and unrest, and attacks against 
international peacekeeping forces leading to fatalities, 
constitutes an unusual and extraordinary threat to the national 
security and foreign policy of the United States and hereby 
declare a national emergency to deal with that threat, and 
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 
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 constitute a threat to the peace and 
                national reconciliation process in Cote 
                d'Ivoire, such as by blocking the 
                implementation of the Linas-Marcoussis 
                Agreement of January 24, 2003, the Accra III 
                Agreement of July 30, 2004, and the Pretoria 
                Agreement of April 6, 2005;
                  (B) to be responsible for serious violations 
                of international law in Cote d'Ivoire;
                  (C) to have directly or indirectly supplied, 
                sold, or transferred to Cote d'Ivoire arms or 
                any related materiel or any assistance, advice, 
                or training related to military activities;
                  (D) to have publicly incited violence and 
                hatred contributing to the conflict in Cote 
                d'Ivoire;
                  (E) 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), (a)(ii)(B), (a)(ii)(C), 
                or (a)(ii)(D) of this section or any person 
                listed in or designated pursuant to this order; 
                or
                  (F) 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 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.
    (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: the term ``entity'' 
means a partnership, association, trust, joint venture, 
corporation, group, subgroup, or other organization;
    (b) the term ``person'' means an individual or entity;
    (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 ``arms or any related materiel'' means arms or 
related materiel of all types, including military aircraft and 
equipment, but excludes:
          (i) supplies and technical assistance intended solely 
        for the support of or use by the United Nations 
        Operation in Cote d'Ivoire and forces of France who 
        support them;
          (ii) supplies of non-lethal military equipment 
        intended solely for humanitarian or protective use, and 
        related technical assistance and training;
          (iii) supplies of protective clothing, including flak 
        jackets and military helmets, temporarily exported to 
        Cote d'Ivoire by United Nations personnel, 
        representatives of the media, and humanitarian and 
        development workers and associated personnel, for their 
        personal use only;
          (iv) supplies temporarily exported to Cote d'Ivoire 
        to the forces of a country that is taking action solely 
        and directly to facilitate the evacuation of its 
        nationals and those for whom it has consular 
        responsibility in Cote d'Ivoire; and
          (v) supplies of arms and related materiel and 
        technical training and assistance intended solely for 
        support of or use in the process of restructuring 
        defense and security forces pursuant to paragraph 3, 
        subparagraph (f) of the Linas-Marcoussis Agreement.
    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, 
andto 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 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 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 
standard time on February 8, 2006.
                                                    George W. Bush.
    The White House, February 7, 2006.
                                 ANNEX

Individuals

1. Eugene Ngoran Kouadio DJUE [Leader of Union for the Total 
        Liberation of Cote d'Ivoire (Union pour la Liberation 
        Totale de la Cote d'Ivoire, UPLTCI), born December 20, 
        1969]
2. Martin Kouakou FOFIE [``New Forces'' (Forces Nouvelles) Zone 
        Commander in Korhogo, born January 1, 1968]
3. Charles BLE GOUDE [Head of ``Young Patriots'' (Congres 
        Panafricain des Jeunes Patriotes, COJEP), born January 
        1, 1972]

                                  
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