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Skriven 2005-11-23 23:33:28 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0511234) for Wed, 2005 Nov 23
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Executive Order: Blocking Property of Additional Persons Undermining
Democratic Process or Institutions in Zimbabwe
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For Immediate Release
Office of the Press Secretary
November 23, 2005
Executive Order: Blocking Property of Additional Persons Undermining
Democratic Process 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, and in order to take additional steps with respect to
the continued actions and policies of certain persons who undermine
Zimbabwe's democratic processes and with respect to the national emergency
described and declared in Executive Order 13288 of March 6, 2003,
˙˙˙˙ I, GEORGE W. BUSH, President of the United States of America, hereby
order:
Section1. The Annex to Executive Order 13288 of March 6, 2003, is replaced
and superseded in its entirety by the Annex to this order.
Sec. 2. Section 6 of Executive Order 13288 is renumbered as section 8.
Sections 1 through 5 of Executive Order 13288 are replaced with new
sections 1 through 7 as follows:
Section1. (a) Except to the extent provided in section 203(b)(1), (3),
and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and 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 United States persons, including their overseas branches, are
blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in:
1. the persons listed in the Annex to this order; and
2. any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
1. to have engaged in actions or policies to undermine Zimbabwe's
democratic processes or institutions;
2. to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in
support of, such actions or policies or any person whose property
and interests in property are blocked pursuant to this order;
3. to be or have been an immediate family member of any person whose
property and interests in property are blocked pursuant to this
order; or
4. to be owned or controlled by, or acting or purporting to act for or
on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to 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 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 whose property and interests in property are blocked
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:
1. the term "person" means an individual or entity;
2. the term "entity" means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization; and
3. 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 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 this order,
there need be no prior notice of a listing or determination made
pursuant to section 1(a) of this order.
Sec. 5. The Secretary of the Treasury, in 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 and, where appropriate, to advise the Secretary of the
Treasury in a timely manner of the measures taken.
Sec. 6. The Secretary of the Treasury, in 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(a) of this order.
Sec. 7. This order is not intended to create, nor does it 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. 3. This order is not intended to create, nor does it 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. 4. This order shall take effect at 12:01 a.m. eastern standard time,
November 23, 2005.
Sec. 5. This order shall be transmitted to the Congress and published in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
˙˙˙˙ November 22, 2005.
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