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[House Document 109-101]
[From the U.S. Government Publishing Office]

                                     

109th Congress, 2d Session - - - - - - - - House Document 109-101
 
             101--NATIONAL EMERGENCY WITH RESPECT TO SUDAN

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS DECLARATION THAT THE POLICIES OF THE GOVERNMENT OF SUDAN CONSTITUTE 
   AN UNUSUAL AND EXTRAORDINARY THREAT TO THE NATIONAL SECURITY AND 
FOREIGN POLICY OF THE UNITED STATES AND TO DECLARE A NATIONAL EMERGENCY 
         TO DEAL WITH THE THREAT, PURSUANT TO 50 U.S.C. 1703(b)

May 1, 2006.--Message and accompanying papers referred to the Committee 
          on International Relations and ordered to be printed
To the Congress of the United States:
    Pursuant to the International Emergency Economic Powers Act 
(IEEPA), I hereby report that I have issued an Executive Order 
(the ``order'') blocking the property of persons in connection 
with the conflict in Sudan's Darfur region. In that order, I 
have expanded the scope of the national emergency declared in 
Executive Order 13067 of November 3, 1997'' with respect to the 
policies and actions of the Government of Sudan, to address the 
unusual and extraordinary threat to the national security and 
foreign policy of the United States posed by the actions and 
circumstances involving Darfur, as described below.
    The United Nations Security Council, in Resolution 1591 of 
March 29, 2005, condemned the continued violations of the 
N'djamena Ceasefire Agreement of April 8, 2004, and the Abuja 
Humanitarian and Security Protocols of November 9, 2004, by all 
sides in Darfur, as well as the deterioration of the security 
situation and the negative impact this has had on humanitarian 
assistance efforts. I also note that the United Nations 
Security Council has strongly condemned the continued 
violations of human rights and international humanitarian law 
in Sudan's Darfur region and, in particular, the continuation 
of violence against civilians and sexual violence against women 
and girls.
    United Nations Security Council Resolution (UNSCR) 1591 
determined that the situation in Darfur constitutes a threat to 
international peace and security in the region and called on 
Member States to take certain measures against persons 
responsible for the continuing conflict. The United Nations 
Security Council has encouraged all parties to negotiate in 
good faith at the Abuja talks and to take immediate steps to 
support a peaceful settlement to the conflict in Darfur, but 
has continued to express serious concern at the persistence of 
the crisis in Darfur in UNSCR 1651 of December 21, 2005.
    Pursuant to IEEPA, the National Emergencies Act, and the 
United Nations Participation Act (UNPA), I have determined that 
these actions and circumstances constitute an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States, and have issued an Executive Order 
expanding the scope of the national emergency declared in 
Executive Order 13067 to deal with this threat.
    The order blocks the property and interests in property in 
the United States, or in the possession or control of United 
States persons, of the persons listed in the Annex to the 
order, as well as of any person determined by the Secretary of 
the Treasury, after consultation with the Secretary of State,
          --to have constituted a threat to the peace process 
        in Darfur;
          --to have constituted a threat to stability in Darfur 
        and the region;
          --to be responsible for conduct related to the 
        conflict in Darfur that violates international law;
          --to be responsible for heinous conduct with respect 
        to human life or limb related to the conflict in 
        Darfur;
          --to have directly or indirectly supplied, sold, or 
        transferred arms or any related material, or any 
        assistance, advice, or training related to military 
        activities to the Government of Sudan, the Sudan 
        Liberation Movement/Army, the Justice and Equality 
        Movement, the Janjaweed, or any person operating in the 
        states of North Darfur, South Darfur, and West Darfur, 
        that is a belligerent, a nongovernmental entity, or an 
        individual; or
          --to be responsible for offensive military 
        overflights in and over the Darfur region.
    The designation criteria will be applied in accordance with 
applicable domestic law, including where appropriate, the First 
Amendment of the United States Constitution.
    The order also authorizes the Secretary of the Treasury, 
after consultation with the Secretary of State, to designate 
for blocking any person determined to have materially assisted, 
sponsored, or provided financial, material, or technological 
support for, or goods or services in support of, the activities 
listed above or any person listed in or designated pursuant to 
the order. I further authorized the Secretary of the Treasury, 
after consultation with the Secretary of State, to designate 
for blocking any person determined 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 the order. The Secretary of the Treasury, after 
consultation with the Secretary of State, is also authorized to 
remove any persons from the Annex to the order as circumstances 
warrant.
    I delegated to the Secretary of the Treasury, after 
consultation with the Secretary of State, the authority to take 
such actions, including the promulgation of rules and 
regulations, and to employ all powers granted to the President 
by IEEPA and UNPA, as may be necessary to carry out the 
purposes of the order. All Federal agencies are directed to 
take all appropriate measures within their authority to carry 
out the provisions of the order.
    The order, a copy of which is enclosed, was effective at 
12:01 a.m. eastern daylight time on April 27, 2006.

                                                    George W. Bush.
    The White House, April 27, 2006.
                            Executive Order

                              ----------                              

Blocking Property of Persons in Connection With the Conflict in Sudan's 
                             Darfur Region

    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, find that an unusual and extraordinary threat to the 
national security and foreign policy of the United States is 
posed by the. persistence of violence in Sudan's Darfur region, 
particularly against civilians and including sexual violence 
against women and girls, and by the deterioration of the 
security situation and its negative impact on humanitarian 
assistance efforts, as noted by the United Nations Security 
Council in Resolution 1591 of March 29, 2005, and, to deal with 
that threat, hereby expand the scope of the national emergency 
declared in Executive Order 13067 of November 3, 1997, with 
respect to the policies and actions of the Government of Sudan, 
and hereby order:
    Section 1. (a) Except to the extent that sections 
203(b)(1), (3), and (4) of 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 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 any United 
States person, including any overseas branch, 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 have constituted a threat to the peace 
                process in Darfur;
                  (B) to have constituted a threat to stability 
                in Darfur and the region;
                  (C) to be responsible for conduct related to 
                the conflict in Darfur that violates 
                international law;
                  (D) to be responsible for heinous conduct. 
                with respect to human life or limb related to 
                the conflict in Darfur;
                  (E) to have directly or indirectly supplied, 
                sold, or transferred arms or any related 
                materiel, or any assistance, advice, or 
                training related to military activities to:
                          (1) the Government of Sudan;
                          (2) the Sudan Liberation Movement/
                        Army;
                          (3) the Justice and Equality 
                        Movement;
                          (4) the Janjaweed; or
                          (5) any person (other than a person 
                        listed in subparagraph (E)(1) through 
                        (E)(4) above) operating in the states 
                        of North Darfur, South Darfur, or West 
                        Darfur that is a belligerent, a 
                        nongovernmental entity, or an 
                        individual;
                  (F) to be responsible for offensive military 
                overflights in and over the Darfur region;
                  (G) to have materially assisted, sponsored, 
                or provided financial, materiel, or 
                technological support for, or goods or services 
                in support of, the activities described in 
                paragraph (a)(ii)(A) through (F) of this 
                section or any person listed in or designated 
                pursuant to this order; or
                  (H) 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 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 
Executive Order 13067 and expanded in this order, and I hereby 
prohibit such donations as provided by paragraph (a) of this 
section.
    (c) The prohibitions of 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 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 ``arms or any related materiel'' means arms or 
related materiel of all types, military aircraft, and 
equipment, but excludes:
          (i) supplies and technical assistance, including 
        training, intended solely for use in authorized 
        monitoring, verification, or peace support operations, 
        including such operations led by regional 
        organizations;
          (ii) supplies of non-lethal military equipment 
        intended solely for humanitarian use, human rights 
        monitoring use, or protective use, and related 
        technical assistance, including training;
          (iii) supplies of protective clothing, including flak 
        jackets and military helmets, for use by United Nations 
        personnel, representatives of the media, and 
        humanitarian and development workers and associated 
        personnel, for their personal use only;
          (iv) assistance and supplies provided in support of 
        implementation of the Comprehensive Peace Agreement 
        signed January 9, 2005, by the Government of Sudan and 
        the People's Liberation Movement/Army; and
          (v) other movements of military equipment and 
        supplies into the Darfur region by the United States or 
        that are permitted by a rule or decision of the 
        Secretary of State, after consultation with the 
        Secretary of the Treasury.
    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 Executive Order 13067 and expanded by 
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 IEEPA and 
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 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 expanded by 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 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 
daylight time on April 27, 2006.

                                                    George W. Bush.
    The White House, April 26, 2006.

                                 ANNEX

Individuals

1. Gabril Abdul Kareem Badri [Colonel for the National Movement 
        for Reform and Development (NMRD), born circa 1961]
2. Gaffar Mohmed el Hassan [Major General for the Sudan Armed 
        Force, born June 24, 1952]
3. Musa Hilal [Sheikh and Paramount Chief of the Jalul Tribe in 
        North Darfur, born circa 1960]
4. Adam Yacub Shant [Commander for the Sudan Liberation Army 
        (SLA), born circa 1976]

                                  
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