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[House Document 109-139]
[From the U.S. Government Publishing Office]

109th Congress, 2d Session - - - - - - - - - - - - House Document 109-139

 
                NATIONAL EMERGENCY WITH RESPECT TO SUDAN

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

  NOTIFICATION OF ADDITIONAL STEPS TAKEN WITH RESPECT TO THE NATIONAL 
   EMERGENCY DECLARED IN EXECUTIVE ORDER 13067 OF NOVEMBER 3, 1997, 
                     PURSUANT TO 50 U.S.C. 1703(b)

  November 9, 2006.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
                                           The White House,
                                      Washington, October 13, 2006.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Consistent with subsection 204(b) of the 
International Emergency Economic Powers Act, 50 U.S.C. 1703(b) 
(IEEPA), and section 301 of the National Emergencies Act, 50 
U.S.C. 1631 (NEA) , I hereby report that I have issued an 
Executive Order (the ``order'') to take additional steps with 
respect to the national emergency declared in Executive Order 
13067 of November 3, 1997.
    On October 13, 2006, I signed into law the Darfur Peace and 
Accountability Act of 2006 (DPAA), which, among other things, 
calls for support of the regional government of Southern Sudan, 
assistance with the peace efforts in the Darfur region of 
Sudan, and provision of economic assistance in specified areas 
of Sudan. Section 7 of the DPAA maintains the sanctions 
currently imposed on the Government of Sudan. However, section 
8(e) of the DPAA exempts from the prohibitions of Executive 
Order 13067 certain areas in Sudan, including Southern Sudan, 
Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, 
Darfur, and marginalized areas in and around Khartoum.
    Pursuant to IEEPA and the NEA, I determined that the 
Government of Sudan continues to implement policies and actions 
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 that the Government of Sudan has a pervasive 
role in the petroleum and petrochemical industries in Sudan. In 
light of these determinations, and in order to reconcile 
sections 7 and 8 of the DPAA, I issued this order to continue 
the country-wide blocking of the Government of Sudan's property 
and to prohibit transactions relating to the petroleum and 
petrochemical industries in Sudan.
    The order blocks the 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. The order 
also prohibits 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.
    The order specifies that Executive Order 13067 remains in 
force, but that the prohibitions in section 2 of that order 
shall not apply to activities and 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.
            Sincerely,
                                                    George W. Bush.
                            Executive Order

                              ----------                              

 Blocking Property of and Prohibiting Transactions With the Government 
                                of Sudan

    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 who 
might have a constitutional presence in the United States, 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.

                                  
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