Presidential Documents

64105 

Federal Register 

Vol. 71, No. 210 

Tuesday, October 31, 2006 

Title 3— 

The President 

Executive Order 13413 of October 27, 2006 

Blocking Property of Certain Persons Contributing to the 

Conflict in the Democratic Republic of the Congo 

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, determine 

that the situation in or in relation to the Democratic Republic of the Congo, 

which has been marked by widespread violence and atrocities that continue 

to threaten regional stability and was addressed by the United Nations 

Security Council in Resolution 1596 of April 18, 2005, Resolution 1649 

of December 21, 2005, and Resolution 1698 of July 31, 2006, constitutes 

an unusual and extraordinary threat to the foreign policy of the United 

States and hereby declare a national emergency to deal with that threat. 

To address that threat, I hereby order: 

Section 1. (a) Except to the extent that section 203(b)(1), (3), and (4) of 

the 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 United States persons, including their overseas 

branches, 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paid, exported, withdrawn, or otherwise dealt in: 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 a political or military leader of a foreign armed group operating 

in the Democratic Republic of the Congo that impedes the disarmament, 

repatriation, or resettlement of combatants; 

(B) to be a political or military leader of a Congolese armed group that 

impedes the disarmament, demobilization, or reintegration of combatants; 

(C) to be a political or military leader recruiting or using children in 

armed conflict in the Democratic Republic of the Congo in violation of 

applicable international law; 

(D) to have committed serious violations of international law involving 

the targeting of children in situations of armed conflict in the Democratic 

Republic of the Congo, including killing and maiming, sexual violence, 

abduction, and forced displacement; 

(E) to have directly or indirectly supplied, sold, or transferred to the 

Democratic Republic of the Congo, or been the recipient in the territory 

of the Democratic Republic of the Congo of, arms and related materiel, 

including military aircraft and equipment, or advice, training, or assistance, 

including financing and financial assistance, related to military activities; 


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(F) to have materially assisted, sponsored, or provided financial, material, 

or technological support for, or goods or services in support of, the activities 

described in subsections (a)(ii)(A) through (E) of this section or any person 

listed in or designated pursuant to this order; or 

(G) 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 the 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 subsection (a) of this section 

would seriously impair my ability to deal with the national emergency 

declared in this order, and I hereby prohibit such donations as provided 

by subsection (a) of this section. 

(c) The prohibitions in subsection (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 subsection (a) of this section, 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 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 subsection 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 the IEEPA and the 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 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 


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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, subsequent to the issuance of this order, 

to determine, and to take necessary action to give effect to that determination, 

that circumstances no longer warrant the blocking of the property and interests in property of, or the prohibiting of transactions with, a person listed 

in the Annex to 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 standard time on October 

30, 2006. 

THE WHITE HOUSE, 

October 27, 2006. 

Billing code 3195–01–P 


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[FR Doc. 06–9020 

Filed 10–30–06; 12:12 pm] 

Billing code 4810–25–C 


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