[House Document 109-88]
[From the U.S. Government Publishing Office]
109th Congress, 2d Session - - - - - - - - - - - - - House Document 109-
88
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO COTE D'IVOIRE
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE
PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE CONFLICT IN COTE
D'IVOIRE, PURSUANT TO 50 U.S.C. 1703(b)
February 14, 2006.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
To the Congress of the United States:
Consistent with subsection 204(b) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and
section 301 of the National Emergencies Act, 50 U.S.C. 1631
(NEA), I hereby report that I have issued an Executive Order
(the ``order'') blocking the property of certain persons
contributing to the conflict in Cote d'Ivoire. In that order, I
declared a national emergency to deal with the unusual and
extraordinary threat to the national security and foreign
policy of the United States posed by that conflict, as
described below.
The United Nations Security Council, in Resolution 1572 of
November 15, 2004, expressed deep concern over the resumption
of hostilities in Cote d'Ivoire, the public incitement of
hatred and violence, and the repeated violations of the
ceasefire agreement of May 3, 2003. United Nations Security
Council Resolution (UNSCR) 1572 determined that the situation
in Cote d'Ivoire poses a threat to international peace and
security in the region and called on member States to take
certain measures against persons responsible for the continuing
conflict. The United Nations Security Council has continued to
express serious concern at the persistence of the crisis in
Cote d'Ivoire and of obstacles to the peace and national
reconciliation process from all sides in UNSCRs 1643 of
December 15, 2005, and 1652 of January 24, 2006.
Despite the intervention and efforts of the international
community, there have been massacres of large numbers of
civilians, widespread human rights abuses, significant
political violence and unrest, and attacks against
international peacekeeping forces in Cote d'Ivoire. Such
activity includes the killing of large numbers of civilians in
Korhogo in June 2004, and in Abidjan in March 2004; significant
violence and unrest, including public incitements to violence,
in Abidjan in November 2004; human rights violations, including
extrajudicial killings, in western Cote d'Ivoire in April and
June 2005; attacks on a police station and prison in July 2005
in Anyama and Agboville, and violent protests in Abidjan and
attacks on U.N. and international nongovernmental organization
facilities in western Cote d'Ivoire in January 2006. Also,
notwithstanding the Linas-Marcoussis Agreement signed by the
Ivorian political forces on January 24, 2003, the related
ceasefire agreement of May 3, 2003, the Accra III Agreement of
July 30, 2004, the Pretoria Agreement of April 6, 2005, and the
Declaration on the Implementation of the Pretoria Agreement of
June 29, 2005, consolidating the implementation of the Linas-
Marcoussis peace and national reconciliation process, Ivorian
parties have continued to engage in military operations and
attacks against peacekeeping forces in Cote d'Ivoire leading to
fatalities.
Pursuant to the IEEPA and the NEA, I have determined that
these actions and circumstances constitute an unusual and
extraordinary threat to the national security and foreign
policy of the United States and declared a national emergency
to deal with that threat and have issued an Executive Order to
deal with the threat to U.S. national security and foreign
policy posed by the situation in or in relation to Cote
d'Ivoire.
The order blocks the property and interests in property in
the United States, or in the possession or control of United
States persons, of the persons listed in the Annex to the
order, as well as of any person determined by the Secretary of
the Treasury, after consultation with the Secretary of State,
to constitute a threat to the peace and
national reconciliation process in Cote d'Ivoire, such
as by blocking the implementation of the Linas-
Marcoussis, Accra III, and Pretoria Agreements;
to be responsible for serious violations of
international law in Cote d'Ivoire;
to have directly or indirectly supplied,
sold or transferred to Cote d'Ivoire arms or any
related materiel or any assistance, advice, or training
related to military activities; or
to have publicly incited violence and hatred
contributing to the conflict in Cote d'Ivoire.
The designation criteria will be applied in accordance with
applicable domestic law, including where appropriate, the First
Amendment to the United States Constitution.
The order also authorizes the Secretary of the Treasury,
after consultation with the Secretary of State, to designate
for blocking any person determined to have materially assisted,
sponsored, or provided financial, material, or technological
support for, or goods or services in support of, the activities
listed above or any person listed in or designated pursuant to
the order. I further authorized the Secretary of the Treasury,
after consultation with the Secretary of State, to designate
for blocking any person determined to be owned or controlled
by, or acting or purporting to act for or on behalf of,
directly or indirectly, any person listed in or designated
pursuant to the order. The Secretary of the Treasury, after
consultation with the Secretary of State, is also authorized to
remove any persons from the Annex to the order as circumstances
warrant.
I delegated to the Secretary of the Treasury, after
consultation with the Secretary of State, the authority to take
such actions, including the promulgation of rules and
regulations, and to employ all powers granted to the President
by the IEEPA and the United Nations Participation Act, as may
be necessary to carry out the purposes of the order. All
executive agencies are directed to take all appropriate
measures within their authority to carry out the provisions of
the order.
The order, a copy of which is enclosed, became effective at
12:01 a.m. eastern standard time on February 8, 2006.
George W. Bush.
The White House, February 8, 2006.
Executive Order
----------
Blocking Property of Certain Persons Contributing to the Conflict in
Cote d'Ivoire
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.) (NEA), 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 to assist in
addressing humanitarian, safety, and other concerns in or in
relation to the country of Cote d'Ivoire,
I, GEORGE W. BUSH, President of the United States of
America, determine that the situation in or in relation to Cote
d'Ivoire, which has been addressed by the United Nations
Security Council in Resolution 1572 of November 15, 2004, and
subsequent resolutions, that has resulted in the massacre of
large numbers of civilians, widespread human rights abuses,
significant political violence and unrest, and attacks against
international peacekeeping forces leading to fatalities,
constitutes an unusual and extraordinary threat to the national
security and foreign policy of the United States and hereby
declare a national emergency to deal with that threat, and
hereby order:
Section 1. (a) Except to the extent that section 203(b)(1),
(3), and (4) of the 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:
(i) the persons listed in the Annex to this order;
and
(ii) any person determined by the Secretary of the
Treasury, after consultation with the Secretary of
State:
(A) to constitute a threat to the peace and
national reconciliation process in Cote
d'Ivoire, such as by blocking the
implementation of the Linas-Marcoussis
Agreement of January 24, 2003, the Accra III
Agreement of July 30, 2004, and the Pretoria
Agreement of April 6, 2005;
(B) to be responsible for serious violations
of international law in Cote d'Ivoire;
(C) to have directly or indirectly supplied,
sold, or transferred to Cote d'Ivoire arms or
any related materiel or any assistance, advice,
or training related to military activities;
(D) to have publicly incited violence and
hatred contributing to the conflict in Cote
d'Ivoire;
(E) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
in support of, the activities described in
paragraphs (a)(ii)(A), (a)(ii)(B), (a)(ii)(C),
or (a)(ii)(D) of this section or any person
listed in or designated pursuant to this order;
or
(F) to be owned or controlled by, or acting
or purporting to act for or on behalf of,
directly or indirectly, any person listed in or
designated pursuant to this order.
(b) I hereby determine that, to the extent section
203(b)(2) of the 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 listed in or
designated pursuant to this order 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.
(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 listed in or 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 purposes of this order: the term ``entity''
means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(b) the term ``person'' means an individual or entity;
(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 ``arms or any related materiel'' means arms or
related materiel of all types, including military aircraft and
equipment, but excludes:
(i) supplies and technical assistance intended solely
for the support of or use by the United Nations
Operation in Cote d'Ivoire and forces of France who
support them;
(ii) supplies of non-lethal military equipment
intended solely for humanitarian or protective use, and
related technical assistance and training;
(iii) supplies of protective clothing, including flak
jackets and military helmets, temporarily exported to
Cote d'Ivoire by United Nations personnel,
representatives of the media, and humanitarian and
development workers and associated personnel, for their
personal use only;
(iv) supplies temporarily exported to Cote d'Ivoire
to the forces of a country that is taking action solely
and directly to facilitate the evacuation of its
nationals and those for whom it has consular
responsibility in Cote d'Ivoire; and
(v) supplies of arms and related materiel and
technical training and assistance intended solely for
support of or use in the process of restructuring
defense and security forces pursuant to paragraph 3,
subparagraph (f) of the Linas-Marcoussis Agreement.
Sec. 4. For those persons listed in or 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 this order, 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,
andto employ all powers granted to the President by the IEEPA
and the 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 executive 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. The Secretary of the
Treasury shall ensure compliance with those provisions of section 401
of the NEA (50 U.S.C. 1641) applicable to the Department of the
Treasury in relation to 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 this order, consistent with section
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of the
IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after 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 of
this order.
Sec. 8. 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.
Sec. 9. This order is effective at 12:01 a.m. eastern
standard time on February 8, 2006.
George W. Bush.
The White House, February 7, 2006.
ANNEX
Individuals
1. Eugene Ngoran Kouadio DJUE [Leader of Union for the Total
Liberation of Cote d'Ivoire (Union pour la Liberation
Totale de la Cote d'Ivoire, UPLTCI), born December 20,
1969]
2. Martin Kouakou FOFIE [``New Forces'' (Forces Nouvelles) Zone
Commander in Korhogo, born January 1, 1968]
3. Charles BLE GOUDE [Head of ``Young Patriots'' (Congres
Panafricain des Jeunes Patriotes, COJEP), born January
1, 1972]