[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
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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exported, withdrawn, or otherwise dealt in: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.