28 April 2006
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[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Presidential Documents]
[Page 25059-25061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-135]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 25059]]
Executive Order 13399 of April 25, 2006
Blocking Property of Additional Persons in
Connection With the National Emergency With Respect to
Syria
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.),
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; and in view of United
Nations Security Council Resolution (UNSCR) 1636 of
October 31, 2005,
I, GEORGE W. BUSH, President of the United States of
America, determine that it is in the interests of the
United States to (1) assist the international
independent investigation Commission (the
``Commission'') established pursuant to UNSCR 1595 of
April 7, 2005, (2) assist the Government of Lebanon in
identifying and holding accountable in accordance with
applicable law those persons who were involved in
planning, sponsoring, organizing, or perpetrating the
terrorist act in Beirut, Lebanon, on February 14, 2005,
that resulted in the assassination of former Prime
Minister of Lebanon Rafiq Hariri, and the deaths of 22
others, and other bombings or assassination attempts in
Lebanon since October 1, 2004, that are related to
Hariri's assassination or that implicate the Government
of Syria or its officers or agents, and (3) take note
of the Commission's conclusions in its report of
October 19, 2005, that there is converging evidence
pointing to both Lebanese and Syrian involvement in
terrorist acts, that interviewees tried to mislead the
Commission's investigation by giving false or
inaccurate statements, and that a senior official of
Syria submitted false information to the Commission. In
light of these determinations, and to take additional
steps with respect to the national emergency declared
in Executive Order 13338 of May 11, 2004, concerning
certain actions of the Government of Syria, I hereby
order:
Section 1. (a) Except to the extent that sections
203(b)(1), (3), and (4) of 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 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: persons determined by
the Secretary of the Treasury, after consultation with
the Secretary of State,
(i) to be, or to have been, involved in the
planning, sponsoring, organizing, or perpetrating of:
(A) the terrorist act in Beirut, Lebanon, that resulted in the
assassination of former Lebanese Prime Minister Rafiq Hariri and the deaths
of 22 others; or
(B) any other bombing, assassination, or assassination attempt in Lebanon
since October 1, 2004, that is related to Hariri's assassination or that
implicates the Government of Syria or its officers or agents;
(ii) to have obstructed or otherwise impeded the
work of the Commission established pursuant to UNSCR
1595;
[[Page 25060]]
(iii) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services in support of, any such
terrorist act, bombing, or assassination attempt, or
any person designated pursuant to this order; or
(iv) to be owned or controlled by, or acting or
purporting to act for or on behalf of, directly or
indirectly, any person designated pursuant to this
order.
(b) I hereby determine that, to the extent section
203(b)(2) of 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 designated pursuant to this order would
seriously impair my ability to deal with the national
emergency declared in Executive Order 13338, 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
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 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 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 Executive Order 13338, there need be no prior notice
of a determination made pursuant to section 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 IEEPA and 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 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. 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.
[[Page 25061]]
Sec. 7. This order is effective at 12:01 a.m. eastern
daylight time on April 26, 2006.
(Presidential Sig.)B
THE WHITE HOUSE,
April 25, 2006.
[FR Doc. 06-4085
Filed 4-27-06; 8:45 am]
Billing code 3195-01-P