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[House Document 109-116]
[From the U.S. Government Publishing Office]

                                     

109th Congress 2d Session - - - - - - - - - - - - House Document 109-116

                  DECLARATION OF A NATIONAL EMERGENCY

                        WITH RESPECT TO BELARUS

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting
 
  A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE 
 PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE CONFLICT IN BELARUS, 
                       PURSUANT TO 50 U.S.C. 1631

    June 21, 2006.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    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'') blocking the property of persons in connection 
with the situation in Belarus. In that order, I declared a 
national emergency with respect to the policies and actions of 
certain individuals in Belarus, 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 Belarus, as described below. This 
action follows the issuance of Proclamation 8015 of May 12, 
2006, ``Suspension of Entry as Immigrants and Nonimmigrants of 
Persons Responsible for Policies or Actions That Threaten the 
Transition to Democracy in Belarus,'' in which I determined 
that it is in the interest of the United States to suspend the 
entry into the United States of members of the government of 
Alyaksandr Lukashenka and others who formulate, implement, 
participate in, or benefit from policies or actions, including 
electoral fraud, human rights abuses, and corruption, that 
undermine or injure democratic institutions or impede the 
transition to democracy in Belarus.
    The United States, the European Union, and other allies and 
partners around the world have repeatedly expressed support for 
the democratic aspirations of the Belarusian people and 
condemned the Belarusian government's human rights abuses, 
assaults on democracy, and corruption. The Belarusian 
authorities have resorted to intense repression in an attempt 
to preserve their power, including the disappearances of four 
regime critics in 1999 and 2000, which the authorities have 
failed to investigate seriously despite credible information 
linking top government officials to these acts.
    The undemocratic 2006 presidential election was only the 
latest example of the Belarusian government's disregard for the 
rights of its own citizens. Hundreds of civic and opposition 
activists were arrested--and many beaten--both before and after 
the vote for exercising their rights. The authorities forcibly 
dispersed peaceful post-election demonstrations. There is 
simply no place in a Europe whole and free for a regime of this 
kind.
    The order also takes an important step in the fight against 
public corruption, which threatens important United States 
interests globally, including ensuring security and stability, 
the rule of law and core democratic values, advancing 
prosperity, and creating a level playing field for lawful 
business activities. As noted in Proclamation 8015, the 
persistent acts of corruption by Belarusian government 
officials in the performance of public functions has played a 
significant role in frustrating the Belarusian people's 
aspirations for democracy. This order authorizes the Secretary 
of the Treasury to block the assets of senior-level officials 
of the Government of Belarus, their family members, or those 
closely linked to such officials engaged in such corruption.
    Thus, pursuant to IEEPA and the NEA, 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 I have issued the order 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 be responsible for, or to have participated in, 
        actions or policies that undermine democratic processes 
        or institutions in Belarus;
          --to be responsible for, or to have participated in, 
        human rights abuses related to political repression in 
        Belarus;
          --to be a senior-level official, a family member of 
        such official, or a person closely linked to such an 
        official who is responsible for or has engaged in 
        public corruption related to Belarus.
    The order also authorizes the Secretary of the Treasury, 
after consultation with the Secretary of State, to designate 
for such 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 such 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, as may be necessary to carry out the purposes of the 
order. All executive 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 June 19, 2006.
                                                    George W. Bush.
    The White House, June 19, 2006.
                            Executive Order

                              ----------                              

 Blocking Property of Certain Persons Undermining Democratic Processes 
                       or Institutions in Belarus

    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,
    I, GEORGE W. BUSH, President of the United States of 
America, determine that the actions and policies of certain 
members of the Government of Belarus and other persons to 
undermine Belarus's democratic processes or institutions, 
manifested most recently in the fundamentally undemocratic 
March 2006 elections, to commit human rights abuses related to 
political repression, including detentions and disappearances, 
and to engage in public corruption, including by diverting or 
misusing Belarusian public assets or by misusing public 
authority, constitute an unusual and extraordinary threat to 
the national security and foreign policy of the United States, 
hereby declare a national emergency to deal with that threat, 
and hereby order:
    Section 1. (a) Except to the extent provided in section 
203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), 
and (4)), 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 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:
          (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 responsible for, or to have 
                participated in, actions or policies that 
                undermine democratic processes or institutions 
                in Belarus;
                  (B) to be responsible for, or to have 
                participated in, human rights abuses related to 
                political repression in Belarus;
                  (C) to be a senior-level official, a family 
                member of such an official, or a person closely 
                linked to such an official who is responsible 
                for or has engaged in public corruption related 
                to Belarus;
                  (D) to have materially assisted, sponsored, 
                or provided financial, material, or 
                technological support for, or goods or services 
                in support of, the activities described in 
                paragraphs (a)(ii)(A) through (C) of this 
                section or any person listed in or designated 
                pursuant to this order; or
                  (E) 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 the making of donations of the 
type of articles specified in section 203(b)(2) of IEEPA (50 
U.S.C. 1702(b) (2)) by, to, or for the benefit of any person 
listed in or designated pursuant to this order would 
seriouslyimpair my ability to deal with the national emergency declared 
in this order, 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 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 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.
    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 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, 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 
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 the 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 June 19, 2006.
                                                    George W. Bush.
    The White House, June 16, 2006.

                                 ANNEX

Individuals

    1. Alyaksandr Hryhoryavich Lukashenka [President, born 
August 30, 1954]
    2. Natallia Uladzimirauna Piatkevich [Deputy Head of the 
Presidential Administration, born October 24, 1972]
    3. Viktar Hryhoryavich Halavanau [Minister of Justice, born 
1952]
    4. Aliaksandr Leanidavich Zimousky [Head of the Belarusian 
State Television and Radio Company (BSTRC) and Member of the 
Upper House of Parliament, born January 10, 1961]
    5. Stiapan Mikalayevich Sukharenka [Chairman of the 
Belarusian KGB, born January 27, 1957]
    6. Viktar Uladzimiravich Sheiman [State Secretary of the 
Security Council, born May 26, 1958]
    7. Dzmitry Valeryevich Paulichenka [Commander of the 
Special Response Group of the Ministry of the Interior (SOBR), 
born 1966]
    8. Uladzimir Uladzimiravich Naumau [Minister of Internal 
Affairs, born 1956]
    9. Lidziya Mihaulauna Yarmoshina [Head of the Central 
Commission for Elections and National Referendums (CEC), born 
January 29, 1953]
    10. Viktar Aliaksandravich Lukashenka [President's National 
Security Advisor, born 1976]

                                  
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