[DOCID: f:hd101.109]
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109th Congress, 2d Session - - - - - - - - House Document 109-101
101--NATIONAL EMERGENCY WITH RESPECT TO SUDAN
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS DECLARATION THAT THE POLICIES OF THE GOVERNMENT OF SUDAN CONSTITUTE
AN UNUSUAL AND EXTRAORDINARY THREAT TO THE NATIONAL SECURITY AND
FOREIGN POLICY OF THE UNITED STATES AND TO DECLARE A NATIONAL EMERGENCY
TO DEAL WITH THE THREAT, PURSUANT TO 50 U.S.C. 1703(b)
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May 1, 2006.--Message and accompanying papers referred to the Committee
on International Relations and ordered to be printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act
(IEEPA), I hereby report that I have issued an Executive Order
(the ``order'') blocking the property of persons in connection
with the conflict in Sudan's Darfur region. In that order, I
have expanded the scope of the national emergency declared in
Executive Order 13067 of November 3, 1997'' with respect to the
policies and actions of the Government of Sudan, to address the
unusual and extraordinary threat to the national security and
foreign policy of the United States posed by the actions and
circumstances involving Darfur, as described below.
The United Nations Security Council, in Resolution 1591 of
March 29, 2005, condemned the continued violations of the
N'djamena Ceasefire Agreement of April 8, 2004, and the Abuja
Humanitarian and Security Protocols of November 9, 2004, by all
sides in Darfur, as well as the deterioration of the security
situation and the negative impact this has had on humanitarian
assistance efforts. I also note that the United Nations
Security Council has strongly condemned the continued
violations of human rights and international humanitarian law
in Sudan's Darfur region and, in particular, the continuation
of violence against civilians and sexual violence against women
and girls.
United Nations Security Council Resolution (UNSCR) 1591
determined that the situation in Darfur constitutes a threat to
international peace and security in the region and called on
Member States to take certain measures against persons
responsible for the continuing conflict. The United Nations
Security Council has encouraged all parties to negotiate in
good faith at the Abuja talks and to take immediate steps to
support a peaceful settlement to the conflict in Darfur, but
has continued to express serious concern at the persistence of
the crisis in Darfur in UNSCR 1651 of December 21, 2005.
Pursuant to IEEPA, the National Emergencies Act, and the
United Nations Participation Act (UNPA), I have determined that
these actions and circumstances constitute an unusual and
extraordinary threat to the national security and foreign
policy of the United States, and have issued an Executive Order
expanding the scope of the national emergency declared in
Executive Order 13067 to deal with this threat.
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 have constituted a threat to the peace process
in Darfur;
--to have constituted a threat to stability in Darfur
and the region;
--to be responsible for conduct related to the
conflict in Darfur that violates international law;
--to be responsible for heinous conduct with respect
to human life or limb related to the conflict in
Darfur;
--to have directly or indirectly supplied, sold, or
transferred arms or any related material, or any
assistance, advice, or training related to military
activities to the Government of Sudan, the Sudan
Liberation Movement/Army, the Justice and Equality
Movement, the Janjaweed, or any person operating in the
states of North Darfur, South Darfur, and West Darfur,
that is a belligerent, a nongovernmental entity, or an
individual; or
--to be responsible for offensive military
overflights in and over the Darfur region.
The designation criteria will be applied in accordance with
applicable domestic law, including where appropriate, the First
Amendment of 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
remove any persons from the Annex to the order as circumstances
warrant.
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 IEEPA and UNPA, as may be necessary to carry out the
purposes of the order. All Federal 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, was effective at
12:01 a.m. eastern daylight time on April 27, 2006.
George W. Bush.
The White House, April 27, 2006.
Executive Order
----------
Blocking Property of Persons in Connection With the Conflict in Sudan's
Darfur Region
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, find that an unusual and extraordinary threat to the
national security and foreign policy of the United States is
posed by the. persistence of violence in Sudan's Darfur region,
particularly against civilians and including sexual violence
against women and girls, and by the deterioration of the
security situation and its negative impact on humanitarian
assistance efforts, as noted by the United Nations Security
Council in Resolution 1591 of March 29, 2005, and, to deal with
that threat, hereby expand the scope of the national emergency
declared in Executive Order 13067 of November 3, 1997, with
respect to the policies and actions of the Government of Sudan,
and hereby order:
Section 1. (a) Except to the extent that sections
203(b)(1), (3), and (4) of 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 of the
following persons, 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, 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 have constituted a threat to the peace
process in Darfur;
(B) to have constituted a threat to stability
in Darfur and the region;
(C) to be responsible for conduct related to
the conflict in Darfur that violates
international law;
(D) to be responsible for heinous conduct.
with respect to human life or limb related to
the conflict in Darfur;
(E) to have directly or indirectly supplied,
sold, or transferred arms or any related
materiel, or any assistance, advice, or
training related to military activities to:
(1) the Government of Sudan;
(2) the Sudan Liberation Movement/
Army;
(3) the Justice and Equality
Movement;
(4) the Janjaweed; or
(5) any person (other than a person
listed in subparagraph (E)(1) through
(E)(4) above) operating in the states
of North Darfur, South Darfur, or West
Darfur that is a belligerent, a
nongovernmental entity, or an
individual;
(F) to be responsible for offensive military
overflights in and over the Darfur region;
(G) to have materially assisted, sponsored,
or provided financial, materiel, or
technological support for, or goods or services
in support of, the activities described in
paragraph (a)(ii)(A) through (F) of this
section or any person listed in or designated
pursuant to this order; or
(H) 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 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
Executive Order 13067 and expanded in this order, and I hereby
prohibit such donations as provided by paragraph (a) of this
section.
(c) The prohibitions of 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 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 ``arms or any related materiel'' means arms or
related materiel of all types, military aircraft, and
equipment, but excludes:
(i) supplies and technical assistance, including
training, intended solely for use in authorized
monitoring, verification, or peace support operations,
including such operations led by regional
organizations;
(ii) supplies of non-lethal military equipment
intended solely for humanitarian use, human rights
monitoring use, or protective use, and related
technical assistance, including training;
(iii) supplies of protective clothing, including flak
jackets and military helmets, for use by United Nations
personnel, representatives of the media, and
humanitarian and development workers and associated
personnel, for their personal use only;
(iv) assistance and supplies provided in support of
implementation of the Comprehensive Peace Agreement
signed January 9, 2005, by the Government of Sudan and
the People's Liberation Movement/Army; and
(v) other movements of military equipment and
supplies into the Darfur region by the United States or
that are permitted by a rule or decision of the
Secretary of State, after consultation with the
Secretary of the Treasury.
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 Executive Order 13067 and expanded by
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 and
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 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 expanded by 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 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 April 27, 2006.
George W. Bush.
The White House, April 26, 2006.
ANNEX
Individuals
1. Gabril Abdul Kareem Badri [Colonel for the National Movement
for Reform and Development (NMRD), born circa 1961]
2. Gaffar Mohmed el Hassan [Major General for the Sudan Armed
Force, born June 24, 1952]
3. Musa Hilal [Sheikh and Paramount Chief of the Jalul Tribe in
North Darfur, born circa 1960]
4. Adam Yacub Shant [Commander for the Sudan Liberation Army
(SLA), born circa 1976]
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