[Federal Register Volume 73, Number 146 (Tuesday, July 29, 2008)]
[Presidential Documents]
[Pages 43841-43843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1480]




                        Presidential Documents 



Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 43841]]

                Executive Order 13469 of July 25, 2008

                
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,

                I, GEORGE W. BUSH, President of the United States of 
                America, find that the continued actions and policies 
                of the Government of Zimbabwe and other persons to 
                undermine Zimbabwe's democratic processes or 
                institutions, manifested most recently in the 
                fundamentally undemocratic election held on June 27, 
                2008, to commit acts of violence and other human rights 
                abuses against political opponents, and to engage in 
                public corruption, including by misusing public 
                authority, constitute an unusual and extraor- dinary 
                threat to the foreign policy of the United States, and 
                to deal with that threat, hereby expand the scope of 
                the national emergency declared in Executive Order 
                13288 of March 6, 2003, and relied upon for additional 
                steps taken in Executive Order 13391 of November 22, 
                2005, and hereby order:

                Section 1. (a) Except to the extent provided by 
                statutes, or 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 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:

                Any person determined by the Secretary of the Treasury, 
                after consultation with the Secretary of State:

(i) to be a senior official of the Government of Zimbabwe;

 (ii) to be owned or controlled by, directly or indirectly, the Government 
of Zimbabwe or an official or officials of the Government of Zimbabwe;

(iii) to have engaged in actions or policies to undermine Zimbabwe's 
democratic processes or institutions;

(iv) to be responsible for, or to have participated in, human rights abuses 
related to political repression in Zimbabwe;

(v) to be engaged in, or to have engaged in, activities facilitating public 
corruption by senior officials of the Government of Zimbabwe;

(vi) to be a spouse or dependent child of any person whose property and 
interests in property are blocked pursuant to Executive Order 13288, 
Executive Order 13391, or this order;

(vii) to have materially assisted, sponsored, or provided financial, 
material, logistical, or technical support for, or goods or services in 
support of, the Government of Zimbabwe, any senior official thereof, or any 
person whose property and interests in property are blocked pursuant to 
Executive Order 13288, Executive Order 13391, or this order; or (viii) to 
be owned or controlled by, or to have acted or purported to act for or on 
behalf

[[Page 43842]]

of, directly or indirectly, any person whose property and interests in 
property are blocked pursuant to Executive Order 13288, Executive Order 
13391, or 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 Executive Order 13288, 
                as amended, and I hereby prohibit such donations as 
                provided by paragraph (a) of this section.

                (c) The prohibitions 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 Executive Order 
                13288, Executive Order 13391, or this order, and (ii) 
                the receipt of any contribution or provision of funds, 
                goods, or services from any such person.

                (d) The provisions of Executive Orders 13288 and 13391 
                remain in effect, and this order does not affect any 
                action taken pursuant to those orders.

                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;

                (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 Zimbabwe'' means the 
                Government of Zimbabwe, its agencies, 
                instrumentalities, and controlled entities.

                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 Executive Order 13288, 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 
                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.

                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 
                Executive Order 13288, as amended, and 5 expanded 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).

[[Page 43843]]

                Sec. 7. This order is not intended to, and does not, 
                create any right or benefit, 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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    July 25, 2008.

[FR Doc. 08-1480
Filed 7-25-08; 8:45 am]
Billing code 3195-W8-P