[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Presidential Documents]
[Page 43841-43843]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy08-110]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 43841]]
Executive Order 13469 of July 25, 2008
Blocking Property of Additional Persons
Undermining Democratic Processes or Institutions in
Zimbabwe
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.), and
section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of
America, find that the continued actions and policies
of the Government of Zimbabwe and other persons to
undermine Zimbabwe's democratic processes or
institutions, manifested most recently in the
fundamentally undemocratic election held on June 27,
2008, to commit acts of violence and other human rights
abuses against political opponents, and to engage in
public corruption, including by misusing public
authority, constitute an unusual and extraor- dinary
threat to the foreign policy of the United States, and
to deal with that threat, hereby expand the scope of
the national emergency declared in Executive Order
13288 of March 6, 2003, and relied upon for additional
steps taken in Executive Order 13391 of November 22,
2005, and hereby order:
Section 1. (a) Except to the extent provided by
statutes, or 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 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transferred, paid, exported, withdrawn, or otherwise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:
Any person determined by the Secretary of the Treasury,
after consultation with the Secretary of State:
(i) to be a senior official of the Government of Zimbabwe;
(ii) to be owned or controlled by, directly or indirectly, the Government
of Zimbabwe or an official or officials of the Government of Zimbabwe;
(iii) to have engaged in actions or policies to undermine Zimbabwe's
democratic processes or institutions;
(iv) to be responsible for, or to have participated in, human rights abuses
related to political repression in Zimbabwe;
(v) to be engaged in, or to have engaged in, activities facilitating public
corruption by senior officials of the Government of Zimbabwe;
(vi) to be a spouse or dependent child of any person whose property and
interests in property are blocked pursuant to Executive Order 13288,
Executive Order 13391, or this order;
(vii) to have materially assisted, sponsored, or provided financial,
material, logistical, or technical support for, or goods or services in
support of, the Government of Zimbabwe, any senior official thereof, or any
person whose property and interests in property are blocked pursuant to
Executive Order 13288, Executive Order 13391, or this order; or (viii) to
be owned or controlled by, or to have acted or purported to act for or on
behalf
[[Page 43842]]
of, directly or indirectly, any person whose property and interests in
property are blocked pursuant to Executive Order 13288, Executive Order
13391, or 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 whose property and interests in property
are blocked pursuant to paragraph (a) of this section
would seriously impair my ability to deal with the
national emergency declared in Executive Order 13288,
as amended, and I hereby prohibit such donations as
provided by paragraph (a) of this section.
(c) The prohibitions 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 whose property and interests
in property are blocked pursuant to Executive Order
13288, Executive Order 13391, or this order, and (ii)
the receipt of any contribution or provision of funds,
goods, or services from any such person.
(d) The provisions of Executive Orders 13288 and 13391
remain in effect, and this order does not affect any
action taken pursuant to those orders.
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 ``Government of Zimbabwe'' means the
Government of Zimbabwe, its agencies,
instrumentalities, and controlled entities.
Sec. 4. For those persons whose property and interests
in property are blocked 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 13288, 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
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.
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
Executive Order 13288, as amended, and 5 expanded 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).
[[Page 43843]]
Sec. 7. This order is not intended to, and does not,
create any right or benefit, 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.
(Presidential Sig.)
THE WHITE HOUSE,
July 25, 2008.
[FR Doc. 08-1480
Filed 7-25-08; 8:45 am]
Billing code 3195-W8-P