    [Weekly Compilation of Presidential Documents Volume 42, Number 17 (Monday, May 1, 2006)]
    [Pages 802-804]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13400--Blocking Property of Persons in Connection With
    the Conflict in Sudan's Darfur Region

    April 26, 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,
        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    withdrawn, or otherwise dealt in: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;

    [[Page 803]]

     (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;
     (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

    [[Page 804]]

                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 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.
                                                    George W. Bush
    The White House,
    April 26, 2006.

    [Filed with the Office of the Federal Register, 8:45 a.m., April 28,
    2006]

    Note: This Executive order was released by the Office of the Press
    Secretary on April 27, and the Executive order and its attached annex
    were published in the Federal Register on May 1.