[House Document 108-45]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - House Document 108-45
BLOCKING PROPERTY OF PERSONS UNDERMINING DEMOCRATIC PROCESSES OR
INSTITUTIONS IN ZIMBABWE
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE UNUSUAL AND
EXTRAORDINARY THREAT TO THE FOREIGN POLICY INTERESTS OF THE UNITED
STATES POSED BY THE ACTIONS AND POLICIES OF CERTAIN INDIVIDUALS WHO
HAVE FORMULATED, IMPLEMENTED, OR SUPPORTED POLICIES THAT HAVE
UNDERMINED ZIMBABWE'S DEMOCRATIC INSTITUTIONS, PURSUANT TO 50 U.S.C.
1703(b) AND 50 U.S.C. 1631
March 12, 2002.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Pursuant to section 204(b) of the International Emergency
Economic Powers Act, 50 U.S.C. 1703(b) and section 301 of the
National Emergencies Act, 50 U.S.C. 1631, I hereby report that
I have exercised my statutory authority to declare a national
emergency with respect to the unusual and extraordinary threat
to the foreign policy interests of the United States posed by
the actions and policies of certain individuals who have
formulated, implemented, or supported policies that have
undermined Zimbabwe's democratic institutions.
Over the course of more than 2 years, the Government of
Zimbabwe has systematically undermined that nation's democratic
institutions, employing violence, intimidation, and repressive
means including legislation to stifle opposition to its rule.
This campaign to ensure the continued rule of Robert Mugabe and
his associates was clearly revealed in the badly flawed
presidential election held in March 2002. Subsequent to the
election, the Mugabe government intensified its repression of
opposition political parties and those voices in civil society
and the independent press calling on the government to respect
the nation's democratic values and the basic human rights of
its citizens. To add to the desperation of the besieged
Zimbabwean people, the current government has engaged in a
violent assault on the rule of law that has thrown the economy
into chaos, devastated the nation's agricultural economy, and
triggered a potentially catastrophic food crisis.
As a result of the unusual and extraordinary threat posed
to the foreign policy of the United States by the deterioration
of Zimbabwe's democracy and the resulting breakdown in the rule
of law, politically motivated violence, and the political and
economic instability in the southern African region, I have
exercised my statutory authority and issued an Executive Order
which, except to the extent provided for 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:
blocks all property and interests in property of
the individuals listed in the Annex to the order;
prohibits any transaction or dealing by United
States persons or within the United States in property or
interests in property blocked pursuant to the order, including
the making or receiving of any contribution of funds, goods, or
services to or for the benefit of the persons designated
pursuant to the order.
The Secretary of the Treasury is further authorized to
designate any person determined, in consultation with the
Secretary of State, to be owned or controlled by, or acting or
purporting to act directly or indirectly for or on behalf of,
any persons designated in or pursuant to the order. The
Secretary of the Treasury is also authorized in the exercise of
my authorities under the International Emergency Economic
Powers Act to implement these measures in consultation with the
Secretary of State. All Federal agencies are directed to take
actions within their authority to carry out the provisions of
the Executive Order.
This Executive Order further demonstrates the U.S.
commitment to supporting Zimbabwe's democratic evolution, and
strengthens our cooperation with the European Union in efforts
to promote that evolution. The European Union has acted to
freeze the assets of 79 individuals responsible for the
political, economic, and social deterioration of Zimbabwe. With
the exception of two individuals no longer associated with the
Government of Zimbabwe, this order encompasses all those
identified by the European Union.
I have enclosed a copy of the Executive Order I have
issued.
George W. Bush.
The White House, March 6, 2003.
Executive Order
----------
Blocking Property of 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, have determined that the actions and policies of
certain members of the Government of Zimbabwe and other persons
to undermine Zimbabwe's democratic processes of institutions,
contributing to the deliberate breakdown in the rule of law in
Zimbabwe, to politically motivated violence and intimidation in
that country, and to political and economic instability in the
southern African region, constitute an unusual and
extraordinary threat to the foreign policy of the United
States, and I hereby declare a national emergency to deal with
that threat.
I hereby order:
Section 1. Except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)), 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:
(a) the persons listed in the Annex to this order; and
(b) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of state, to be owned or
controlled by, or acting or purporting to act directly or
indirectly for or on behalf of, any of the persons listed in
the Annex to this order.
Sec. 2. (a) Any transaction or dealing by a United States
person or within the United States in property or interests in
property blocked pursuant to this order is prohibited,
including but not limited to the making or receiving of any
contribution of funds, goods, or services to or for the benefit
of any person listed in the Annex to this order or who is the
subject of a determination under subsection 1(b) of this order.
(b) 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.
(c) Any conspiracy formed to violate 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. 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 me 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.
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. 5. This order is not intended to create, nor does it
create, any right, benefit, or privilege, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, officers, employees, or any other person.
Sec. 6. (a) This order is effective at 12:01 eastern
standard time on March 7, 2003; and
(b) This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush.
The White House, March 6, 2003.
Annex
1. Robert Gabriel MUGABE [President of Zimbabwe, born 21
Feb. 1924]
2. Flora BUKA [Minister of State for Land Reform, born 25
Feb. 1968]
3. George CHARAMBA [Permanent Secretary, Ministry of
Information, born 4 Apr. 1963]
4. Fortune CHARUMBIRA [Deputy Minister for Local
Government, Public Works, and National Housing, born 10 June
1962]
5. Aeneas CHIGWEDERE [Minister of Education, Sports and
Culture, born 25 Nov. 1939]
6. Augustine CHIHURI [Police Commissioner, born 10 Mar.
1953]
7. Enos CHIKOWORE [Politburo Secretary for Land and
Resettlement, born 17 July 1942]
8. Patrick CHINAMASA [Minister of Justice, born 25 Jan.
1947]
9. Edward CHINDORI-CHININGA [Minister of Mines, born 14
Mar. 1955]
10. Constantine CHIWENGA [Lt. Gen., Commander of the Army,
born 25 Aug. 1956]
11. Willard CHIWEWE [Senior Secretary, Ministry of Foreign
Affairs, born 19 Mar. 1949]
12. Ignatius CHOMBO [Minister of Local Government, born 1
Aug. 1952]
13. Dumiso DABENGWA [Politburo Senior Committee Member,
born 6 Dec. 1939]
14. Nicholas GOCHE [Minister of State for National
Security, born 1 Aug. 1946]
15. Rugare GUMBO [Deputy Minister for Home Affairs, born 8
Mar. 1940]
16. Richard HOVE [Politburo Secretary for Economic Affairs,
born 23 Sept. 1939]
17. David KARIMANZIRA [Politburo Secretary for Finance,
born 25 May 1947]
18. Saviour KASUKUWERE [Deputy-Secretary for Youth Affairs,
born 23 Oct. 1970]
19. Christopher KURUNERI [Deputy Minister, Finance and
Economic Development, born 4 Apr. 1949]
20. Thenjiwe LESABE [Politburo Secretary for Women's
Affairs, born 5 Jan. 1933]
21. Jaison MACHAYA [Deputy Minister for Mines and Mining
Development, born 13 June 1952]
22. Joseph MADE [Minister of Agriculture, born 21 Nov.
1954]
23. Edna MADZONGWE [Deputy-Secretary for Production and
Labor, born 11 July 1943]
24. Shuvai MAHOFA [Deputy Minister for Youth Development,
Gender and Employment Creation, born 4 Apr. 1941]
25. Joshua MALINGA [Deputy-Secretary for Disabled and
Disadvantaged, born 28 Apr. 1944]
26. Paul MANGWANA [Minister of State for State Enterprises
and Parastatals, born 10 Aug. 1961]
27. Witness MANGWENDE [Minister of Transport and
Communications, born 15 Aug. 1946]
28. Elliot MANYIKA [Minister of Youth Development, born 30
July 1955]
29. Kenneth MANYONDA [Deputy Minister for Industry and
International Trade, born 10 Aug. 1934]
30. Reuben MARUMAHOKO [Deputy Minister for Energy and Power
Development, born 4 Apr. 1948]
31. Angeline MASUKU [Politburo Secretary for Disabled and
Disadvantaged Person's Welfare, born 14 Oct. 1936]
32. Sithokozile MATHUTHU [Deputy-Secretary for Transport
and Social Welfare]
33. Amos Bernard Muvenga MIDZI [Minister for Energy and
Development, born 4 July 1952]
34. Emmerson MNANGAGWA [Parliamentary Speaker, born 15
Sept. 1946]
35. Kembo MOHADI [Minister of Home Affairs, born 15 Nov.
1949]
36. Swithun MOMBESHORA [Minister of Higher Education, born
20 Aug. 1945]
37. Jonathan MOYO [Minister of Information, born 12 Jan.
1957]
38. July MOYO [Minister of Public Service, Labor and Social
Welfare, born 7 May 1950]
39. Simon Khaya MOYO [Deputy-Secretary for Legal Affairs,
born 1945]
40. Obert MPOFU [Deputy-Secretary for National Security,
born 12 Oct. 1951]
41. Joseph MSIKA [Vice President, born 6 Dec. 1923]
42. Olivia MUCHENA [Minister of State for Science and
Technology Development, born 18 Aug. 1946]
43. Opah MUCHINGURI [Politburo Secretary for Gender and
Culture, born 14 Dec. 1958]
44. Stan MUDENGE [Minister of Foreign Affairs, born 17 Dec.
1948]
45. Grace MUGABE [born 23 July 1965]
46. Sabina MUGABE [Politburo Senior Committee Member, born
14 Oct. 1934]
47. Joyce MUJURU [Minister of Rural Resources and Water,
born 15 Apr. 1955]
48. Solomon MUJURU [Politburo Senior Committee Member, born
1 May 1949]
49. Samuel MUMBENGEGWI [Minister of Industry and
International Trade, born 20 July 1945]
50. Herbert MURERWA [Minister of Finance, born 31 July
1941]
51. Christopher MUSHOHWE [Deputy Minister, Transport and
Communications, born 6 Feb. 1954]
52. Didymus MUTASA [Politburo Secretary for External
Relations, born 27 July 1935]
53. Kenneth MUTIWEKUZIVA [Deputy Minister for Small and
Medium Enterprise Development, born 27 May 1948]
54. Simon Vengesai MUZENDA [Vice President, born 28 Oct.
1922]
55. Tsitsi MUZENDA [Politburo Senior Committee Member, born
28 Aug. 1922]
56. Elisha MUZONZINI [Director of the Central Intelligence
Organization, born 24 June 1957]
57. Abedinico NCUBE [Deputy Minister, Foreign Affairs, born
13 March 1954]
58. Naison NDLOVU [Politburo Secretary for Production and
Labor, born 22 Oct. 1930]
59. Sikhanyiso NDLOVU [Deputy-Secretary for Commissariat,
born 20 Sept. 1949]
60. Francis NHEMA [Minister of Environment and Tourism,
born 17 Apr. 1959]
61. John NKOMO [Minister of State for Special Affairs, born
22 Aug. 1934]
62. Stephen NKOMO [Politburo Senior Committee Member, born
3 Oct. 1926]
63. Sithembiso NYONI [Minister of Small and Medium
Enterprises Development, born 20 Sept. 1949]
64. David PARIRENYATWA [Minister of Health and Child
Welfare, born 2 Aug. 1950]
65. Selina POTE [Deputy-Secretary for Gender and Culture]
66. Tinos RUSERE [Deputy Minister for Rural Resources and
Water Development, born 10 May 1945]
67. Stanley SAKUPWANYA [Deputy-Secretary for Health and
Child Welfare]
68. Sidney SEKERAMAYI [Minister of Defense, born 30 Mar.
1944]
69. Nathan SHAMUYARIRA [Politburo Secretary for Information
and Publicity, born 29 Sept. 1928]
70. Perence SHIRI [Air Marshal (Air Force), born 11 Jan.
1955]
71. Isaiah SHUMBA [Deputy Minister, Education, Sports and
Culture, born 3 Jan. 1949]
72. Absolom SIKOSANA [Politburo Secretary for Youth
Affairs]
73. Solomon TAWENGWA [Deputy-Secretary for Finance, born 15
June 1940]
74. Josiah TUNGAMIRAI [Politburo Secretary for Empowerment
and Indigenization, born 8 Oct. 1948]
75. Charles UTETE [Cabinet Secretary, born 30 Oct. 1938]
76. Paradzai ZIMONDI [Prisons chief, born 4 Mar. 1947]
77. Vitalis ZVINAVASHE [General, Commander of Zimbabwe
Defense Forces, born 27 Sept. 1943]
Note: The bracketed identifying information with respect to
each person listed in this Annex reflects information currently
available and is provided solely to facilitate compliance with
this order. Each individual listed in this Annex remains
subject to the prohibitions of this order notwithstanding any
change in title, position, or affiliation.