[House Document 109-142]
[From the U.S. Government Printing Office]



                                     

109th Congress, 2d Session - - - - - - - - - - - - House Document 109-
142
 
  DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE DEMOCRATIC 
                         REPUBLIC OF THE CONGO

                               __________

                                MESSAGE

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE 
    PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE CONFLICT IN THE 
    DEMOCRATIC REPUBLIC OF THE CONGO, PURSUANT TO 50 U.S.C. 1703(b)




  November 9, 2006.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
                                           The White House,
                                      Washington, October 27, 2006.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with subsection 204(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b) 
(IEEPA), and section 301 of the National Emergencies Act, 50 
U.S.C. 1631 (NEA), I hereby report that I have issued an 
Executive Order (the ``order'') blocking the property of 
certain persons contributing to the conflict in the Democratic 
Republic of the Congo. In that order, I declared a national 
emergency to deal with the unusual and extraordinary threat to 
the foreign policy of the United States posed by that conflict, 
as described below.
    The conflict in the Democratic Republic of the Congo has 
been the deadliest conflict since World War II, with an 
estimated four million dead since 1996, many from hunger and 
disease resulting from the fighting. The United Nations 
Security Council, in Resolution 1596 of April 18, 2005, 
Resolution 1649 of December 21, 2005, Resolution 1698 of July 
31, 2006, and numerous other resolutions, has expressed serious 
concern over the presence of armed groups and militias in the 
Democratic Republic of the Congo, which perpetuate both the 
conflict in the country and a climate of insecurity throughout 
the entire region.
    The conflict has been marked by serious violations of human 
rights and international humanitarian law by these militias and 
armed groups, including the massacre of civilians, sexual 
violence against women and girls, and the recruitment and use 
of children in the hostilities. The perpetuation of the 
conflict undermines the progress and promise of the Global and 
All-Inclusive Agreement on the Transition in the Democratic 
Republic of the Congo, signed in 2002, which created a process 
that can lead to the long-term restoration of peace and 
stability, national reconciliation, and establishment of the 
rule of law.
    The order blocks the property and interests in property in 
the United States, or in the possession or control of United 
States persons, of the persons listed in the Annex to the 
order, as well as of any person determined by the Secretary of 
the Treasury, after consultation with the Secretary of State,
           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;
           to be a political or military leader of a 
        Congolese armed group that impedes the disarmament, 
        demobilization, or reintegration of combatants;
           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;
           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; or
           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.
    The designation criteria will be applied consistent with 
applicable Federal law, including, where appropriate, the First 
Amendment to the United States Constitution.
    The order also authorizes the Secretary of the Treasury, 
after consultation with the Secretary of State, to designate 
for blocking any person determined to have materially assisted, 
sponsored, or provided financial, material, or technological 
support for, or goods or services in support of, the activities 
listed above or any person listed in or designated pursuant to 
the order. I further authorized the Secretary of the Treasury, 
after consultation with the Secretary of State, to designate 
for blocking any person determined 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 the order. The Secretary of the Treasury, after 
consultation with the Secretary of State, is also authorized to 
determine 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 the 
order.
    I delegated to the Secretary of the Treasury, after 
consultation with the Secretary of State, the authority 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 United Nations Participation Act, as may 
be necessary to carry out the purposes of the order. All 
executive agencies are directed to take all appropriate 
measures within their authority to carry out the provisions of 
the order.
    The order, a copy of which is enclosed, became effective at 
12:01 a.m. eastern standard time on October 30, 2006.
            Sincerely,
                                                    George W. Bush.
                            Executive Order

                              ----------                              


 Blocking Property of Certain Persons Contributing to the Conflict in 
                  the Democratic Republic of the Congo

    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 insubsections 
(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. 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.
    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.

                                 ANNEX

Individuals

    1. Laurent Nkunda [born February 6, 1967; Founder, National 
Congress for the People's Defense, 2006; Senior Officer, Rally 
for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer, 
Rwandan Patriotic Front, 1992-1998]
    2. Ignace Murwanashyaka [born May 14, 1963; President, 
Forces Democratiques pour la Liberation du Rwanda (FDLR)]
    3. Khawa Panga Mandro [born August 20, 1973; former 
President, Party for Unity and Safeguarding of the Integrity of 
Congo (PUSIC)]
    4. Viktor Anatolijevitch Bout [born January 13, 1967; 
Owner, Great Lakes Business Company, Compagnie Aerienne des 
Grands Lacs; Bukavu Aviation Transport, and Business Air 
Services]
    5. Sanjivan Singh Ruprah [born August 9, 1966; Businessman]
    6. Dimitri Igorevich Popov [born February 13, 1961; General 
Manager, Great Lakes Business Company and Compagnie Aerienne 
des Grands Lacs]
    7. Douglas Mpano [born December 28, 1965; Manager, Great 
Lakes Business Company and Compagnie Aerienne des Grands Lacs]