U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–011 2006

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 


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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; 


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—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. 


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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; 


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(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: 


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(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 propVerDate Aug 31 2005 06:14 May 02, 2006 Jkt 049011 PO 00000 Frm 00007 Fmt 6601 Sfmt 6602 E:\HR\OC\HD101.XXX HD101

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erty 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] 

Æ 


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