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Skriven 2006-02-08 23:33:10 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0602082) for Wed, 2006 Feb 8
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Executive Order: Blocking Property of Certain Persons Contributing to the
Conflict in C“te D'Ivoire
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For Immediate Release
Office of the Press Secretary
February 8, 2006
Executive Order: Blocking Property of Certain Persons Contributing to the
Conflict in C“te D'Ivoire
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 C“te d'Ivoire,
I, GEORGE W. BUSH, President of the United States of America, determine
that the situation in or in relation to C“te 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 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persons are blocked and may not be transferred, paid, exported, withdrawn,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 C“te 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 C“te
d'Ivoire;
(C) to have directly or indirectly supplied, sold, or transferred to C“te
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 C“te 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 C“te 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;
(iii) supplies of protective clothing, including flak jackets and military
helmets, temporarily exported to C“te 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 C“te 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 C“te 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.
ANNEX
Individuals
1. Eug ne Ngoran Kouadio DJUE [Leader of Union for the Total Liberation of
Cote d=Ivoire (Union pour la Liberation Totale de la C“te d=Ivoire,
UPLTCI), born December 20, 1969]
2. Martin Kouakou FOFIE ["New Forces" (Forces Nouvelles) Zone Commander in
Korhogo, born January 1, 1968]
3. Charles BLE GOUDE [Head of "Young Patriots" (Congres Panafricain des
Jeunes Patriotes, COJEP), born January 1, 1972]
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