[Federal Register Volume 71, Number 28 (Friday, February 10, 2006)]
[Presidential Documents]
[Pages 7389-7392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1316]



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Part VI





The President





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Executive Order 13396--Blocking Property of Certain Persons 
Contributing to the Conflict in C[ocirc]te d'Ivoire
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  Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 13396 of February 7, 2006

                
Blocking Property of Certain Persons Contributing 
                to the Conflict in C[ocirc]te 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 C[ocirc]te d'Ivoire,

                I, GEORGE W. BUSH, President of the United States of 
                America, determine that the situation in or in relation 
                to C[ocirc]te 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 C[ocirc]te 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 
C[ocirc]te d'Ivoire;

(C) to have directly or indirectly supplied, sold, or transferred to 
C[ocirc]te 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 C[ocirc]te 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

[[Page 7390]]

(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:

                (a) 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 C[ocirc]te 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 C[ocirc]te 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 C[ocirc]te 
                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 C[ocirc]te 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

[[Page 7391]]

                of rules and regulations, and to 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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    February 7, 2006.

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                [FR Doc. 06-1316 Filed 2-9-06; 8:45 am]

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