[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Presidential Documents]
[Pages 61369-61371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8769]



[[Page 61367]]

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Part VI





The President





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Executive Order 13412--Blocking Property and Prohibiting Transactions 
With the Government of Sudan
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                         Presidential Documents 
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  Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 61369]]

                Executive Order 13412 of October 13, 2006

                
Blocking Property of and Prohibiting Transactions 
                With the Government of Sudan

                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, and 
                taking appropriate account of the Darfur Peace and 
                Accountability Act of 2006 (the ``Act''),

                I, GEORGE W. BUSH, President of the United States of 
                America, find that, due to the continuation of the 
                threat to the national security and foreign policy of 
                the United States created by certain policies and 
                actions of the Government of Sudan that violate human 
                rights, in particular with respect to the conflict in 
                Darfur, where the Government of Sudan exercises 
                administrative and legal authority and pervasive 
                practical influence, and due to the threat to the 
                national security and foreign policy of the United 
                States posed by the pervasive role played by the 
                Government of Sudan in the petroleum and petrochemical 
                industries in Sudan, it is in the interests of the 
                United States to take additional steps with respect to 
                the national emergency declared in Executive Order 
                13067 of November 3, 1997. Accordingly, I hereby order:

                Section 1. Except to the extent provided in section 
                203(b) of IEEPA (50 U.S.C. 1702(b)) or in regulations, 
                orders, directives, or licenses that may be issued 
                pursuant to this order, all property and interests in 
                property of the Government of Sudan 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, are blocked and may 
                not be transferred, paid, exported, withdrawn, or 
                otherwise dealt in.

                Sec. 2. Except to the extent provided in section 203(b) 
                of IEEPA (50 U.S.C. 1702(b)) 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 transactions by 
                United States persons relating to the petroleum or 
                petrochemical industries in Sudan, including, but not 
                limited to, oilfield services and oil or gas pipelines, 
                are prohibited.

                Sec. 3. (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. 4. (a) Subject to paragraph (b) of this section, 
                restrictions imposed by this order shall be in addition 
                to, and do not derogate from, restrictions imposed in 
                and under Executive Order 13067.

                (b)(i) None of the prohibitions in section 2 of 
                Executive Order 13067 shall apply to activities or 
                related transactions with respect to Southern Sudan, 
                Southern Kordofan/Nuba Mountains State, Blue Nile 
                State, Abyei, Darfur, or marginalized areas in and 
                around Khartoum, provided that the activities or 
                transactions do not involve any property or interests 
                in property of the Government of Sudan.

[[Page 61370]]

                (ii) The Secretary of State, after consultation with 
                the Secretary of the Treasury, may define the term 
                ``Southern Sudan, Southern Kordofan/Nuba Mountains 
                State, Blue Nile State, Abyei, Darfur, or marginalized 
                areas in and around Khartoum'' for the purposes of this 
                order.

                (c) The function of the President under subsection 
                6(c)(1) of the Comprehensive Peace in Sudan Act of 2004 
                (Public Law 108-497), as amended by section 5(a)(3) of 
                the Act, is assigned to the Secretary of the Treasury 
                as appropriate in the performance of such function.

                (d) The functions of the President under subsection 
                6(c)(2) and the last sentence of 6(d) of the 
                Comprehensive Peace in Sudan Act of 2004 (Public Law 
                108-497), as amended by subsections 5(a)(3) and (b), 
                respectively, of the Act, are assigned to the Secretary 
                of State, except that the function of denial of entry 
                is assigned to the Secretary of Homeland Security.

                (e) The functions of the President under sections 7 and 
                8 of the Act are assigned to the Secretary of State.

                Sec. 5. Nothing in this order shall prohibit:

                (a) transactions for the conduct of the official 
                business of the Federal Government or the United 
                Nations by employees thereof; or

                (b) transactions in Sudan for journalistic activity by 
                persons regularly employed in such capacity by a news-
                gathering organization.

                Sec. 6. 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 Sudan'' includes the 
                Government of Sudan, its agencies, instrumentalities, 
                and controlled entities, and the Central Bank of Sudan, 
                but does not include the regional government of 
                Southern Sudan.

                Sec. 7. For those persons whose property and interests 
                in property are blocked pursuant to section 1 of 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 13067 there need be no prior notice 
                of a determination made pursuant to section 1 of this 
                order.

                Sec. 8. 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. 9. 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 61371]]

                Sec. 10. This order shall take effect upon the 
                enactment of the Darfur Peace and Accountability Act of 
                2006. 
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 13, 2006.

[FR Doc. 06-8769
Filed 10-16-06; 11:27 am]
Billing code 3195-01-P