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[House Document 109-100]
[From the U.S. Government Publishing Office]

                                     

109th Congress, 2d Session - - - - - - - - - - - - House Document 109-100

 
                   ADDITION TO THE NATIONAL EMERGENCY

                         WITH RESPECT TO SYRIA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

     NOTIFICATION THAT AN EXECUTIVE ORDER HAS BEEN ISSUED BLOCKING 
 ADDITIONAL PERSONS IN CONNECTION WITH THE NATIONAL EMERGENCY DECLARED 
  IN EXECUTIVE ORDER 13338 OF MAY 11, 2004, CONCERNING ACTIONS OF THE 
            GOVERNMENT OF SYRIA, PURSUANT TO 50 U.S.C. 1701

 April 27, 2006.--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, as amended (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued an Executive Order blocking property 
of persons in connection with the terrorist act in Beirut, 
Lebanon, on February 14, 2005, that resulted in the 
assassination of former Lebanese Prime Minister Rafiq Hariri 
and the deaths of 22 others, and other bombings or 
assassination attempts in Lebanon since October 1, 2004, that 
are related to Hariri's assassination or that implicate the 
Government of Syria or its officers or agents. I issued this 
order to take additional steps with respect to the national 
emergency declared in Executive Order 13338 of May 11, 2004, 
concerning certain actions of the Government of Syria. In 
Executive Order 13338, I determined that the actions of the 
Government of Syria in supporting terrorism, continuing its 
occupation of Lebanon, pursuing weapons of mass destruction, 
and undermining United States and international efforts in Iraq 
constituted an unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States, and 
declared a national emergency to deal with that threat.
    The United Nations Security Council, in Resolution 1595 of 
April 7, 2005, established the international independent 
investigation Commission (the ``Commission''), reiterated its 
call for the strict respect of the sovereignty of Lebanon, and 
reaffirmed its unequivocal condemnation of the February 14, 
2005, terrorist bombing that killed Lebanese Prime Minister 
Rafiq Hariri and 22 others. The Commission's charter included 
identifying the bombing perpetrators, sponsors, organizers, and 
accomplices. United Nations Security Council Resolution (UNSCR) 
1636 of October 31, 2005, called upon all States to provide 
necessary assistance to the Commission concerning its 
investigation into the February 14, 2005, terrorist bombing and 
to freeze the assets of those persons designated by the 
Commission or the Government of Lebanon as suspected of 
involvement in this terrorist act, upon notification of such 
designation to, and agreement of, the Committee of the Security 
Council established by UNSCR 1636. United Nations Security 
Council Resolution 1644 of December 15, 2005, condemned other 
terrorist attacks in Lebanon since October 2004 and reaffirmed 
that all those involved in these attacks must be held 
accountable for these crimes, and in doing so, authorized the 
Commission to extend its technical assistance to Lebanese 
authorities with regard to their investigations regarding the 
terrorist attacks perpetrated in Lebanon since October 1, 2004.
    In view of UNSCR 1636, my new order takes additional steps 
with respect to the national emergency declared in Executive 
Order 13338 by blocking the property and interests in property 
of persons determined by the Secretary of the Treasury, after 
consultation with the Secretary of State, to be, or to have 
been, involved in the planning, sponsoring, organizing, or 
perpetrating of the terrorist act on February 14, 2005, that 
resulted in the assassination of former Prime Minister Rafiq 
Hariri and the deaths of 22 others, or any other bombing, 
assassination, or assassination attempt in Lebanon since 
October 1, 2004, that is related to Hariri's assassination or 
that implicates the Government of Syria or its officers and 
agents, or to have obstructed or otherwise impeded the work of 
the Commission. The order further authorizes the Secretary of 
the Treasury, after consultation with the Secretary of State, 
to designate for blocking those persons determined to have 
materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services in 
support of, any such terrorist act, bombings, or assassination 
attempts, or any person designated pursuant to this order, or 
to be owned or controlled by, or acting or purporting to act 
for or on behalf of, directly or indirectly, any person 
designated pursuant to this order.
    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 the United Nations Participation Act, as amended 
(22 U.S.C. 287c), as may be necessary to carry out the purposes 
of my order. The order was effective at 12:01 a.m. eastern 
daylight time on April 26, 2006.
    I am enclosing a copy of the Executive Order I have issued.

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

                              ----------                              

Blocking Property of Additional Persons in Connection With the National 
                    Emergency With Respect to Syria

    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 seg.) (IEEPA), the National Emergencies Act (50 
U.S.C. 1601 et seg.), 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 in view of 
United Nations Security Council Resolution (UNSCR) 1636 of 
October 31, 2005,
    I, GEORGE W. BUSH, President of the United States of 
America, determine that it is in the interests of the United 
States to (1) assist the international independent 
investigation Commission (the ``Commission'') established 
pursuant to UNSCR 1595 of April 7, 2005, (2) assist the 
Government of Lebanon in identifying and holding accountable in 
accordance with applicable law those persons who were involved 
in planning, sponsoring, organizing, or perpetrating the 
terrorist act in Beirut, Lebanon, on February 14, 2005, that 
resulted in the assassination of former Prime Minister of 
Lebanon Rafiq Hariri, and the deaths of 22 others, and other 
bombings or assassination attempts in Lebanon since October 1, 
2004, that are related to Hariri's assassination or that 
implicate the Government of Syria or its officers or agents, 
and (3) take note of the Commission's conclusions in its report 
of October 19, 2005, that there is converging evidence pointing 
to both Lebanese and Syrian involvement in terrorist acts, that 
interviewees tried to mislead the Commission's investigation by 
giving false or inaccurate statements, and that a senior 
official of Syria submitted false information to the 
Commission. In light of these determinations, and to take 
additional steps with respect to the national emergency 
declared in Executive Order 13338 of May 11, 2004, concerning 
certain actions of the Government of Syria, I 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 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: 
persons determined by the Secretary of the Treasury, after 
consultation with the Secretary of State,
    (i) to be, or to have been, involved in the planning, 
sponsoring, organizing, or perpetrating of:
    (A) the terrorist act in Beirut, Lebanon, that resulted in 
the assassination of former Lebanese Prime Minister Rafiq 
Hariri and the deaths of 22 others; or
    (B) any other bombing, assassination, or assassination 
attempt in Lebanon since October 1, 2004, that is related to 
Hariri's assassination or that implicates the Government of 
Syria or its officers or agents;
    (ii) to have obstructed or otherwise impeded the work of 
the Commission established pursuant to UNSCR 1595;
    (iii) to have materially assisted, sponsored, or provided 
financial, material, or technological support for, or goods or 
services in support of, any such terrorist act, bombing, or 
assassination attempt, or any person designated pursuant to 
this order; or
    (iv) to be owned or controlled by, or acting or purporting 
to act for or on behalf of, directly or indirectly, any person 
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 designated pursuant to 
this order would seriously impair my ability to deal with the 
national emergency declared in Executive Order 13338, 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 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; 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 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 13338, there need be no prior 
notice of a determination made pursuant to section 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 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.
    Sec. 6. 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. 7. This order is effective at 12:01 a.m. eastern 
daylight time on April 26, 2006.

                                                    George W. Bush.
    The White House, April 25, 2006.

                                  
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