    [Weekly Compilation of Presidential Documents Volume 42, Number 25 (Monday, June 26, 2006)]
    [Pages 1174-1176]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13405--Blocking Property of Certain Persons Undermining
    Democratic Processes or Institutions in Belarus

    June 16, 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), 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    transferred, paid, exported, withdrawn, or otherwise dealt in: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:

    [[Page 1175]]

            (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.
        (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,

    [[Page 1176]]

    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.
        Sec. 9. This order is effective at 12:01 a.m. eastern daylight time
    on June 19, 2006.
                                                    George W. Bush
    The White House,
    June 16, 2006.

    [Filed with the Office of the Federal Register, 11:43 a.m., June 19,
    2006]

    Note: This Executive order was released by the Office of the Press
    Secretary on June 19. The Executive order and its attached annex were
    published in the Federal Register on June 20.