[Weekly Compilation of Presidential Documents Volume 42, Number 44 (Monday, November 6, 2006)]
[Pages 1933-1935]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13413--Blocking Property of Certain Persons Contributing 
to the Conflict in the Democratic Republic of the Congo

October 27, 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, 
determine that the situation in or in relation to the Democratic 
Republic of the Congo, which has been marked by widespread violence and 
atrocities that continue to threaten regional stability and was 
addressed by the United Nations Security Council in Resolution 1596 of 
April 18, 2005, Resolution 1649 of December 21, 2005, and Resolution 
1698 of July 31, 2006, constitutes an unusual and extraordinary threat 
to the foreign policy of the United States and hereby declare a national 
emergency to deal with that threat. To address that threat, I 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 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 United States 
persons, including their overseas branches, 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blocked and may not be transferred, paid, exported, withdrawn, or 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 a political or military leader of a foreign armed group 
operating in the Democratic Republic of the Congo that impedes the 
disarmament, repatriation, or resettlement of combatants;
    (B) to be a political or military leader of a Congolese armed group 
that impedes the disarmament, demobilization, or reintegration of 
combatants;
    (C) to be a political or military leader recruiting or using 
children in armed conflict in the Democratic Republic of the Congo in 
violation of applicable international law;
    (D) to have committed serious violations of international law 
involving the targeting of children in situations of armed conflict in 
the Democratic Republic of the Congo, including killing and maiming, 
sexual violence, abduction, and forced displacement;
    (E) to have directly or indirectly supplied, sold, or transferred to 
the Democratic Republic of the Congo, or been the recipient in the 
territory of the Democratic Republic of the Congo of, arms and related 
materiel, including military aircraft and equipment, or advice, 
training, or assistance, including financing and financial assistance, 
related to military activities;
    (F) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services in support 
of, the activities described in subsections (a)(ii)(A) through (E) of 
this section or any person listed in or designated pursuant to this 
order; or
    (G) 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.

[[Page 1934]]

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 subsection (a) of this section would 
seriously impair my ability to deal with the national emergency declared 
in this order, and I hereby prohibit such donations as provided by 
subsection (a) of this section.
    (c) The prohibitions in subsection (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 subsection (a) of this section, 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; and
    (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 
subsection 1(a) 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, subsequent to the issuance of 
this order, to determine, and to take necessary action to give effect to 
that determination, that circumstances no longer warrant the blocking of 
the property and interests in property of, or the prohibiting of 
transactions with, a person listed in the Annex to 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 1935]]

    Sec. 9. This order is effective at 12:01 a.m. eastern standard time 
on October 30, 2006.
                                                George W. Bush
The White House,
October 27, 2006.

[Filed with the Office of the Federal Register, 12:12 p.m., October 30, 
2006]

Note: This Executive order was released by the Office of the Press 
Secretary on October 31, and it and its attached annex were published in 
the Federal Register on October 31.