[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Presidential Documents]
[Pages 25483-25486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4121]


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  Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 25483]]

                Executive Order 13400 of April 26, 2006

                
Blocking Property of Persons in Connection With 
                the Conflict in Sudan's Darfur Region

                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,

                I, GEORGE W. BUSH, President of the United States of 
                America, find that an unusual and extraordinary threat 
                to the national security and foreign policy of the 
                United States is posed by the persistence of violence 
                in Sudan's Darfur region, particularly against 
                civilians and including sexual violence against women 
                and girls, and by the deterioration of the security 
                situation and its negative impact on humanitarian 
                assistance efforts, as noted by the United Nations 
                Security Council in Resolution 1591 of March 29, 2005, 
                and, to deal with that threat, hereby expand the scope 
                of the national emergency declared in Executive Order 
                13067 of November 3, 1997, with respect to the policies 
                and actions of the Government of Sudan, and hereby 
                order:

                Section 1. (a) Except to the extent that sections 
                203(b) (1), (3), and (4) of 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 
                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 any United States person, including any 
                overseas branch, 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 have constituted a threat to the peace process in Darfur;

 (B) to have constituted a threat to stability in Darfur and the region;

 (C) to be responsible for conduct related to the conflict in Darfur that 
violates international law;

 (D) to be responsible for heinous conduct with respect to human life or 
limb related to the conflict in Darfur;

 (E) to have directly or indirectly supplied, sold, or transferred arms or 
any related materiel, or any assistance, advice, or training related to 
military activities to:

 (1) the Government of Sudan;

 (2) the Sudan Liberation Movement/Army;

 (3) the Justice and Equality Movement;

 (4) the Janjaweed; or

 (5) any person (other than a person listed in subparagraph (E)(1) through 
(E)(4) above) operating in the states of North Darfur, South Darfur, or 
West Darfur that is a belligerent, a nongovernmental entity, or an 
individual;

[[Page 25484]]

 (F) to be responsible for offensive military overflights in and over the 
Darfur region;

 (G) to have materially assisted, sponsored, or provided financial, 
materiel, or technological support for, or goods or services in support of, 
the activities described in paragraph (a)(ii)(A) through (F) of this 
section or any person listed in or designated pursuant to this order; or

 (H) 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 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 Executive Order 
                13067 and expanded in this order, and I hereby prohibit 
                such donations as provided by paragraph (a) of this 
                section.

                (c) The prohibitions of 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 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 ``arms or any related materiel'' means 
                arms or related materiel of all types, military 
                aircraft, and equipment, but excludes:

                     (i) supplies and technical assistance, including 
                training, intended solely for use in authorized 
                monitoring, verification, or peace support operations, 
                including such operations led by regional 
                organizations;
                     (ii) supplies of non-lethal military equipment 
                intended solely for humanitarian use, human rights 
                monitoring use, or protective use, and related 
                technical assistance, including training;
                     (iii) supplies of protective clothing, including 
                flak jackets and military helmets, for use by United 
                Nations personnel, representatives of the media, and 
                humanitarian and development workers and associated 
                personnel, for their personal use only;
                     (iv) assistance and supplies provided in support 
                of implementation of the Comprehensive Peace Agreement 
                signed January 9, 2005, by the Government of Sudan and 
                the People's Liberation Movement/Army; and
                     (v) other movements of military equipment and 
                supplies into the Darfur region by the United States or 
                that are permitted by a rule or decision of the 
                Secretary of State, after consultation with the 
                Secretary of the Treasury.

                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

[[Page 25485]]

                would render these measures ineffectual. I therefore 
                determine that, for these measures to be effective in 
                addressing the national emergency declared in Executive 
                Order 13067 and expanded by 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 and 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 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 expanded by 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 
                daylight time on April 27, 2006.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                     April 26, 2006.

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[FR Doc. 06-4121 Filed 4-28-06; 8:45 am]

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