Text 3423, 168 rader
Skriven 2006-10-13 23:31:30 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (061013e) for Fri, 2006 Oct 13
====================================================
===========================================================================
Executive Order: Blocking Property of and Prohibiting Transactions with the
Government of Sudan
===========================================================================
For Immediate Release
Office of the Press Secretary
October 13, 2006
Executive Order: Blocking Property of and Prohibiting Transactions with the
Government of Sudan
˙˙˙˙˙ In Focus: Africa
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withdrawn, or otherwise dealt in.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 in property are
blocked pursuant to section 1 of 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 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.
# # #
===========================================================================
Return to this article at:
http://www.whitehouse.gov/news/releases/2006/10/20061013-14.html
* Origin: (1:3634/12)
|