[House Document 110-138]
[From the U.S. Government Publishing Office]



                                     

110th Congress, 2d Session - - - - - - - - - - - - House Document 110-138

 
      ADDITION TO THE NATIONAL EMERGENCY WITH RESPECT TO ZIMBABWE

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

   NOTIFICATION OF AN EXECUTIVE ORDER THAT EXPANDS THE SCOPE OF THE 
    NATIONAL EMERGENCY BLOCKING THE PROPERTY OF PERSONS UNDERMINING 
 DEMOCRATIC PROCESSES OR INSTITUTIONS IN ZIMBABWE ON MARCH 6, 2003, BY 
       EXECUTIVE ORDER 13288, PURSUANT TO 50 U.S.C. 1701 ET SEQ.




    July 29, 2008.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    Pursuant to the International Emergency Economic Powers 
Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued an Executive Order (the ``order'') 
that expands the scope of the national emergency declared in 
Executive Order 13288 of March 6, 2003, which was relied upon 
for additional steps taken in Executive Order 13391 of November 
22, 2005, and takes additional steps with respect to that 
national emergency.
    In Executive Order 13288, I found that the actions and 
policies of certain members of the Government of Zimbabwe and 
other persons to undermine Zimbabwe's democratic processes or 
institutions constituted an unusual and extraordinary threat to 
the foreign policy of the United States and declared a national 
emergency to deal with that threat. Executive Order 13288 
blocks the property and interests in property of the persons 
listed in its Annex and permits the designation of any person 
or entity owned or controlled by, or acting or purporting to 
act directly or indirectly for or on behalf of, any person 
listed in that Annex.
    Executive Order 13391 took additional steps to address the 
national emergency declared in Executive Order 13288 and 
amended the provisions of that earlier order. Executive Order 
13391 blocks the property of the persons and entities listed in 
its Annex and permits the designation of any person or entity 
determined: to have engaged in actions or policies to undermine 
Zimbabwe's democratic processes or institutions; 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 
Executive Order 13288, as amended; to be or have been an 
immediate family member of any person whose property and 
interests in property are blocked pursuant to Executive Order 
13288, as amended; or 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 Executive Order 13288, as amended.
    I have now determined that the continued actions and 
policies of the Government of Zimbabwe and other persons to 
undermine Zimbabwe's democratic processes or institutions, 
manifested most recently in the fundamentally undemocratic 
election held on June 27, 2008, to commit acts of violence and 
other human rights abuses against political opponents, and to 
engage in public corruption, including the misuse of public 
authority, warrant an expansion of the existing national 
emergency and the existing sanctions with respect to Zimbabwe. 
The order supplements the designation criteria set forth in 
Executive Order 13288, as amended by Executive Order 13391, and 
provides additional criteria for designation of any person 
determined by the Secretary of the Treasury, after consultation 
with the Secretary of State: to be a senior official of the 
Government of Zimbabwe; to be owned or controlled by, directly 
or indirectly, the Government of Zimbabwe or an official or 
officials of the Government of Zimbabwe; to be responsible for, 
or to have participated in, human rights abuses related to 
political repression in Zimbabwe; to be engaged in, or to have 
engaged in, activities facilitating public corruption by senior 
officials of the Government of Zimbabwe; or to have materially 
assisted, sponsored, or provided financial, material, 
logistical, or technical support for, or goods or services in 
support of, the Government of Zimbabwe, any senior official 
thereof, or any person whose property and interests in property 
are blocked pursuant to Executive Order 13288, Executive Order 
13391, or the order.
    The order also restates existing designation authority to 
block the property and interests in property of persons 
determined to have engaged in actions or policies to undermine 
Zimbabwe's democratic processes or institutions. Finally, the 
order restates existing derivative designation authority and 
adds derivative designation authority to block the property and 
interests in property of persons determined by the Secretary of 
the Treasury, after consultation with the Secretary of State, 
to be owned or controlled by, or to have acted or purported to 
act for or on behalf of, directly or indirectly, or to be a 
spouse or dependant child of, any person whose property and 
interests in property are blocked pursuant to Executive Order 
13288, Executive Order 13391, or the order.
    In the order, 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, as may be necessary to carry out the purposes of 
the order.
    I am enclosing a copy of the Executive Order I have issued.
                                                    George W. Bush.
    The White House, July 25, 2008.
                            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,
    I, GEORGE W. BUSH, President of the United States of 
America, find that the continued actions and policies of the 
Government of Zimbabwe and other persons to undermine 
Zimbabwe's democratic processes or institutions, manifested 
most recently in the fundamentally undemocratic election held 
on June 27, 2008, to commit acts of violence and other human 
rights abuses against political opponents, and to engage in 
public corruption, including by misusing public authority, 
constitute an unusual and extraordinary threat to the foreign 
policy of the United States, and to deal with that threat, 
hereby expand the scope of the national emergency declared in 
Executive Order 13288 of March 6, 2003, and relied upon for 
additional steps taken in Executive Order 13391 of November 22, 
2005, and hereby order:
    Section 1. (a) Except to the extent provided by statutes, 
or 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 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:
    Any person determined by the Secretary of the Treasury, 
after consultation with the Secretary of State:
          (i) to be a senior official of the Government of 
        Zimbabwe;
          (ii) to be owned or controlled by, directly or 
        indirectly, the Government of Zimbabwe or an official 
        or officials of the Government of Zimbabwe;
          (iii) to have engaged in actions or policies to 
        undermine Zimbabwe's democratic processes or 
        institutions;
          (iv) to be responsible for, or to have participated 
        in, human rights abuses related to political repression 
        in Zimbabwe;
          (v) to be engaged in, or to have engaged in, 
        activities facilitating public corruption by senior 
        officials of the Government of Zimbabwe;
          (vi) to be a spouse or dependent child of any person 
        whose property and interests in property are blocked 
        pursuant to Executive Order 13288, Executive Order 
        13391, or this order;
          (vii) to have materially assisted, sponsored, or 
        provided financial, material, logistical, or technical 
        support for, or goods or services in support of, the 
        Government of Zimbabwe, any senior official thereof, or 
        any person whose property and interests in property are 
        blocked pursuant to Executive Order 13288, Executive 
        Order 13391, or this order; or
          (viii) to be owned or controlled by, or to have acted 
        or purported to act for or on behalf of, directly or 
        indirectly, any person whose property and interests in 
        property are blocked pursuant to Executive Order 13288, 
        Executive Order 13391, or 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 
Executive Order 13288, as amended, and I hereby prohibit such 
donations as provided by paragraph (a) of this section.
    (c) The prohibitions 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 Executive Order 13288, Executive Order 13391, or 
this order, and (ii) the receipt of any contribution or 
provision of funds, goods, or services from any such person.
    (d) The provisions of Executive Orders 13288 and 13391 
remain in effect, and this order does not affect any action 
taken pursuant to those orders.
    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;
    (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 ``Government of Zimbabwe'' means the 
Government of Zimbabwe, its agencies, instrumentalities, and 
controlled entities.
    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 
Executive Order 13288, 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 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.
    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 Executive Order 13288, as amended, and 
expanded 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).
    Sec. 7. 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.
                                                    George W. Bush.
    The White House, July 25, 2008.

                                  
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