Presidential Documents

71201 

Federal Register 

Vol. 70, No. 226 

Friday, November 25, 2005 

Title 3— 

The President 

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and superseded in its entirety by the Annex to this order.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branches, are blocked and may not be transferred, paid, exported, withdrawn, 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. 

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(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. 

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

the Federal Register

W 

. 

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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