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Skriven 2006-10-31 23:31:10 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0610312) for Tue, 2006 Oct 31
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Executive Order: Blocking Property of Certain Persons Contributing to the
Conflict in the Democratic Republic of the Congo
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For Immediate Release
Office of the Press Secretary
October 31, 2006

Executive Order: Blocking Property of Certain Persons Contributing to the
Conflict in the Democratic Republic of the Congo



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, determine
that the situation in or in relation to the Democratic Republic of the
Congo, which has been marked by widespread violence and atrocities that
continue to threaten regional stability and was addressed by the United
Nations Security Council in Resolution 1596 of April 18, 2005, Resolution
1649 of December 21, 2005, and Resolution 1698 of July 31, 2006,
constitutes an unusual and extraordinary threat to the foreign policy of
the United States and hereby declare a national emergency to deal with that
threat. To address that threat, I 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 United States persons, including their
overseas branches, 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transferred, paid, exported, withdrawn, or otherwise dealt in: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 be a political or military leader of a foreign armed group operating
in the Democratic Republic of the Congo that impedes the disarmament,
repatriation, or resettlement of combatants;

(B) to be a political or military leader of a Congolese armed group that
impedes the disarmament, demobilization, or reintegration of combatants;

(C) to be a political or military leader recruiting or using children in
armed conflict in the Democratic Republic of the Congo in violation of
applicable international law;

(D) to have committed serious violations of international law involving the
targeting of children in situations of armed conflict in the Democratic
Republic of the Congo, including killing and maiming, sexual violence,
abduction, and forced displacement;

(E) to have directly or indirectly supplied, sold, or transferred to the
Democratic Republic of the Congo, or been the recipient in the territory of
the Democratic Republic of the Congo of, arms and related materiel,
including military aircraft and equipment, or advice, training, or
assistance, including financing and financial assistance, related to
military activities;

(F) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support of,
the activities described in subsections (a)(ii)(A) through (E) of this
section or any person listed in or designated pursuant to this order; or

(G) 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 subsection (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 subsection
(a) of this section.

(c) The prohibitions in subsection (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 subsection (a) of this section, 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; and

(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.

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 subsection 1(a) 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, subsequent to the issuance of
this order, to determine, and to take necessary action to give effect to
that determination, that circumstances no longer warrant the blocking of
the property and interests in property of, or the prohibiting of
transactions with, a person listed in the Annex to 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
October 30, 2006.

GEORGE W. BUSH

THE WHITE HOUSE,

October 27, 2006.

Annex

Individuals

1. Laurent Nkunda [born February 6, 1967; Founder, National Congress for
the People's Defense, 2006; Senior Officer, Rally for Congolese
Democracy-Goma (RCD-G), 1998-2006; Officer, Rwandan Patriotic Front,
1992-1998]

2. Ignace Murwanashyaka [born May 14, 1963; President, Forces Democratiques
pour la Liberation du Rwanda (FDLR)]

3. Khawa Panga Mandro [born August 20, 1973; former President, Party for
Unity and Safeguarding of the Integrity of Congo (PUSIC)]

4. Viktor Anatolijevitch Bout [born January 13, 1967; Owner, Great Lakes
Business Company, Compagnie A rienne des Grands Lacs; Bukavu Aviation
Transport, and Business Air Services]

5. Sanjivan Singh Ruprah [born August 9, 1966; Businessman]

6. Dimitri Igorevich Popov [born February 13, 1961; General Manager, Great
Lakes Business Company and Compagnie A rienne des Grands Lacs]

Douglas Mpano [born December 28, 1965; Manager, Great Lakes Business
Company and Compagnie A rienne des Grands Lacs]

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