[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Presidential Documents]
[Pages 35485-35487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5592]



[[Page 35483]]

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Part II





The President





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Executive Order 13405--Blocking Property of Certain Persons Undermining 
Democratic Processes or Institutions in Belarus



Notice of June 19, 2006--Continuation of the National Emergency With 
Respect to the Risk of Nuclear Proliferation Created by the 
Accumulation of Weapons-Usable Fissile Material in the Territory of the 
Russian Federation
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  Federal Register / Vol. 71, No. 118 / Tuesday, June 20, 2006 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 35485]]

                Executive Order 13405 of June 16, 2006

                
Blocking Property of Certain Persons Undermining 
                Democratic Processes or Institutions in Belarus

                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), 
                and section 301 of title 3, United States Code,

                I, GEORGE W. BUSH, President of the United States of 
                America, determine that the actions and policies of 
                certain members of the Government of Belarus and other 
                persons to undermine Belarus' democratic processes or 
                institutions, manifested most recently in the 
                fundamentally undemocratic March 2006 elections, to 
                commit human rights abuses related to political 
                repression, including detentions and disappearances, 
                and to engage in public corruption, including by 
                diverting or misusing Belarusian public assets or by 
                misusing public authority, constitute an unusual and 
                extraordinary threat to the national security and 
                foreign policy of the United States, hereby declare a 
                national emergency to deal with that threat, and hereby 
                order:

                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)), or 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 be responsible for, or to have participated in, actions or policies 
that undermine democratic processes or institutions in Belarus;

 (B) to be responsible for, or to have participated in, human rights abuses 
related to political repression in Belarus;

 (C) to be a senior-level official, a family member of such an official, or 
a person closely linked to such an official who is responsible for or has 
engaged in public corruption related to Belarus;

 (D) 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) through (C) of this 
section or any person listed in or designated pursuant to this order; or

 (E) 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 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 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.

[[Page 35486]]

                (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 ``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.

                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, 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 
                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 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.

[[Page 35487]]

                Sec. 9. This order is effective at 12:01 a.m. eastern 
                daylight time on June 19, 2006.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    June 16 2006.

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[FR Doc. 06-5592
Filed 6-19-06; 11:43 am]
Billing code 3195-01-C