[DOCID: f:hd139.109]
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109th Congress, 2d Session - - - - - - - - - - - - House Document 109-139
NATIONAL EMERGENCY WITH RESPECT TO SUDAN
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF ADDITIONAL STEPS TAKEN WITH RESPECT TO THE NATIONAL
EMERGENCY DECLARED IN EXECUTIVE ORDER 13067 OF NOVEMBER 3, 1997,
PURSUANT TO 50 U.S.C. 1703(b)
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
November 9, 2006.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
The White House,
Washington, October 13, 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'') to take additional steps with
respect to the national emergency declared in Executive Order
13067 of November 3, 1997.
On October 13, 2006, I signed into law the Darfur Peace and
Accountability Act of 2006 (DPAA), which, among other things,
calls for support of the regional government of Southern Sudan,
assistance with the peace efforts in the Darfur region of
Sudan, and provision of economic assistance in specified areas
of Sudan. Section 7 of the DPAA maintains the sanctions
currently imposed on the Government of Sudan. However, section
8(e) of the DPAA exempts from the prohibitions of Executive
Order 13067 certain areas in Sudan, including Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei,
Darfur, and marginalized areas in and around Khartoum.
Pursuant to IEEPA and the NEA, I determined that the
Government of Sudan continues to implement policies and actions
that violate human rights, in particular with respect to the
conflict in Darfur, where the Government of Sudan exercises
administrative and legal authority and pervasive practical
influence, and that the Government of Sudan has a pervasive
role in the petroleum and petrochemical industries in Sudan. In
light of these determinations, and in order to reconcile
sections 7 and 8 of the DPAA, I issued this order to continue
the country-wide blocking of the Government of Sudan's property
and to prohibit transactions relating to the petroleum and
petrochemical industries in Sudan.
The order blocks the property and interests in property of
the Government of Sudan 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. The order
also prohibits all transactions by United States persons
relating to the petroleum or petrochemical industries in Sudan,
including, but not limited to, oilfield services and oil or gas
pipelines.
The order specifies that Executive Order 13067 remains in
force, but that the prohibitions in section 2 of that order
shall not apply to activities and transactions with respect to
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue
Nile State, Abyei, Darfur, or marginalized areas in and around
Khartoum, provided that the activities or transactions do not
involve, any property or interests in property of the
Government of Sudan.
Sincerely,
George W. Bush.
Executive Order
----------
Blocking Property of and Prohibiting Transactions With the Government
of Sudan
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), and section 301 of title 3, United
States Code, and taking appropriate account of the Darfur Peace
and Accountability Act of 2006 (the ``Act''),
I, GEORGE W. BUSH, President of the United States of
America, find that, due to the continuation of the threat to
the national security and foreign policy of the United States
created by certain policies and actions of the Government of
Sudan that violate human rights, in particular with respect to
the conflict in Darfur, where the Government of Sudan exercises
administrative and legal authority and pervasive practical
influence, and due to the threat to the national security and
foreign policy of the United States posed by the pervasive role
played by the Government of Sudan in the petroleum and
petrochemical industries in Sudan, it is in the interests of
the United States to take additional steps with respect to the
national emergency declared in Executive Order 13067 of
November 3, 1997. Accordingly, I hereby order:
Section 1. Except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)) or in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, all property and interests in property of the Government
of Sudan 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, are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in.
Sec. 2. Except to the extent provided in section 203(b) of
IEEPA (50 U.S.C. 1702(b)) or 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 transactions by United States persons relating to
the petroleum or petrochemical industries in Sudan, including,
but not limited to, oilfield services and oil or gas pipelines,
are prohibited.
Sec. 3. (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. 4. (a) Subject to paragraph (b) of this section,
restrictions imposed by this order shall be in addition to, and
do not derogate from, restrictions imposed in and under
Executive Order 13067.
(b)(i) None of the prohibitions in section 2 of Executive
Order 13067 shall apply to activities or related transactions
with respect to Southern Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei, Darfur, or
marginalized areas in and around Khartoum, provided that the
activities or transactions do not involve any property or
interests in property of the Government of Sudan.
(ii) The Secretary of State, after consultation with the
Secretary of the Treasury, may define the term ``Southern
Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State,
Abyei, Darfur, or marginalized areas in and around Khartoum''
for the purposes of this order.
(c) The function of the President under subsection 6(c)(1)
of the Comprehensive Peace in Sudan Act of 2004 (Public Law
108-497), as amended by section 5(a)(3) of the Act, is assigned
to the Secretary of the Treasury as appropriate in the
performance of such function.
(d) The functions of the President under subsection 6(c)(2)
and the last sentence of 6(d) of the Comprehensive Peace in
Sudan Act of 2004 (Public Law 108-497), as amended by
subsections 5(a)(3) and (b), respectively, of the Act, are
assigned to the Secretary of State, except that the function of
denial of entry is assigned to the Secretary of Homeland
Security.
(e) The functions of the President under sections 7 and 8
of the Act are assigned to the Secretary of State.
Sec. 5. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official business
of the Federal Government or the United Nations by employees
thereof; or
(b) transactions in Sudan for journalistic activity by
persons regularly employed in such capacity by a news-gathering
organization.
Sec. 6. 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 Sudan'' includes the
Government of Sudan, its agencies, instrumentalities, and
controlled entities, and the Central Bank of Sudan, but does
not include the regional government of Southern Sudan.
Sec. 7. For those persons whose property and interests who
might have a constitutional presence in the United States, 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 there need be no prior notice of a
determination made pursuant to section 1 of this order.
Sec. 8. 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 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. 9. 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. 10. This order shall take effect upon the enactment of
the Darfur Peace and Accountability Act of 2006.
George W. Bush.
The White House, October 13, 2006.
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