[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Presidential Documents]
[Pages 71201-71209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23412]



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Part III





The President





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Executive Order 13391--Blocking Property of Additional Persons 
Undermining Democratic Processes or Institutions in Zimbabwe


                        Presidential Documents 



Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Executive Order 13391 of November 22, 2005

                
Blocking Property of Additional Persons 
                Undermining Democratic Processes or Institutions in 
                Zimbabwe

                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.), and 
                section 301 of title 3, United States Code, and in 
                order to take additional steps with respect to the 
                continued actions and policies of certain persons who 
                undermine Zimbabwe's democratic processes and with 
                respect to the national emergency described and 
                declared in Executive Order 13288 of March 6, 2003,

                I, GEORGE W. BUSH, President of the United States of 
                America, hereby order:

                Section 1. The Annex to Executive Order 13288 of March 
                6, 2003, is replaced and superseded in its entirety by 
                the Annex to this order.

                Sec. 2. Section 6 of Executive Order 13288 is 
                renumbered as section 8. Sections 1 through 5 of 
                Executive Order 13288 are replaced with new sections 1 
                through 7 as follows:

                    ``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)), and 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 United States persons, 
                including their overseas branches, 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, in 
consultation with the Secretary of State:

                       (A) to have engaged in actions or policies to 
                    undermine Zimbabwe's democratic processes or 
                    institutions;
                       (B) to have materially assisted, sponsored, or 
                    provided financial, material, or technological 
                    support for, or goods or services in support of, 
                    such actions or policies or any person whose 
                    property and interests in property are blocked 
                    pursuant to this order;
                       (C) to be or have been an immediate family 
                    member of any person whose property and interests 
                    in property are blocked pursuant to this order; or
                       (D) to be owned or controlled by, or acting or 
                    purporting to act for or on behalf of, directly or 
                    indirectly, any person whose property and interests 
                    in property are blocked 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 whose property and 
                interests in property are blocked pursuant to paragraph 
                (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 paragraph (a) of this section.

[[Page 71202]]

                     (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 whose 
                property and interests in property are blocked 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 whose property and 
                interests in property are blocked 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(a) 
                of this order.
                    Sec. 5. The Secretary of the Treasury, in 
                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 
                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. The Secretary of the Treasury, in 
                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(a) of this order.
                    Sec. 7. This order is not intended to create, nor 
                does it 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. 3. This order is not intended to create, nor does 
                it 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. 4. This order shall take effect at 12:01 a.m. 
                eastern standard time, November 23, 2005.

[[Page 71203]]

                Sec. 5. This order shall be transmitted to the Congress 
                and published in the Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    November 22, 2005.

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                [FR Doc. 05-23412 Filed 11-23-05; 11:16 am]

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