    [Weekly Compilation of Presidential Documents Volume 42, Number 6 (Monday, February 13, 2006)]
    [Pages 197-199]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13396--Blocking Property of Certain Persons Contributing
    to the Conflict in Cote d'Ivoire

    February 7, 2006

        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 Cote d'Ivoire,
        I, George W. Bush, President of the United States of America,
    determine that the situation in or in relation to Cote 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

    [[Page 198]]

    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    exported, withdrawn, or otherwise dealt in: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 Cote 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 Cote d'Ivoire;
                    (C) to have directly or indirectly supplied, sold, or
                    transferred to Cote 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 Cote 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
                    (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
                Cote 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;

    [[Page 199]]

                    (iii) supplies of protective clothing, including flak
                jackets and military helmets, temporarily exported to Cote
                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 Cote 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 Cote
                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 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.
                                                    George W. Bush
    The White House,
    February 7, 2006.

    [Filed with the Office of the Federal Register, 8:45 a.m., February 9,
    2006]

    Note: This Executive order was released by the Office of the Press
    Secretary on February 8, and the Executive order and its attached annex
    were published in the Federal Register on February 10.