[House Document 109-100]
[From the U.S. Government Publishing Office]
109th Congress, 2d Session - - - - - - - - - - - - House Document 109-100
ADDITION TO THE NATIONAL EMERGENCY
WITH RESPECT TO SYRIA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION THAT AN EXECUTIVE ORDER HAS BEEN ISSUED BLOCKING
ADDITIONAL PERSONS IN CONNECTION WITH THE NATIONAL EMERGENCY DECLARED
IN EXECUTIVE ORDER 13338 OF MAY 11, 2004, CONCERNING ACTIONS OF THE
GOVERNMENT OF SYRIA, PURSUANT TO 50 U.S.C. 1701
April 27, 2006.--Referred to the Committee on International Relations
and ordered to be printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers
Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), I hereby
report that I have issued an Executive Order blocking property
of persons in connection with the terrorist act in Beirut,
Lebanon, on February 14, 2005, that resulted in the
assassination of former Lebanese Prime Minister 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. I issued this
order 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. In
Executive Order 13338, I determined that the actions of the
Government of Syria in supporting terrorism, continuing its
occupation of Lebanon, pursuing weapons of mass destruction,
and undermining United States and international efforts in Iraq
constituted an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
declared a national emergency to deal with that threat.
The United Nations Security Council, in Resolution 1595 of
April 7, 2005, established the international independent
investigation Commission (the ``Commission''), reiterated its
call for the strict respect of the sovereignty of Lebanon, and
reaffirmed its unequivocal condemnation of the February 14,
2005, terrorist bombing that killed Lebanese Prime Minister
Rafiq Hariri and 22 others. The Commission's charter included
identifying the bombing perpetrators, sponsors, organizers, and
accomplices. United Nations Security Council Resolution (UNSCR)
1636 of October 31, 2005, called upon all States to provide
necessary assistance to the Commission concerning its
investigation into the February 14, 2005, terrorist bombing and
to freeze the assets of those persons designated by the
Commission or the Government of Lebanon as suspected of
involvement in this terrorist act, upon notification of such
designation to, and agreement of, the Committee of the Security
Council established by UNSCR 1636. United Nations Security
Council Resolution 1644 of December 15, 2005, condemned other
terrorist attacks in Lebanon since October 2004 and reaffirmed
that all those involved in these attacks must be held
accountable for these crimes, and in doing so, authorized the
Commission to extend its technical assistance to Lebanese
authorities with regard to their investigations regarding the
terrorist attacks perpetrated in Lebanon since October 1, 2004.
In view of UNSCR 1636, my new order takes additional steps
with respect to the national emergency declared in Executive
Order 13338 by blocking the property and interests in property
of persons determined by the Secretary of the Treasury, after
consultation with the Secretary of State, to be, or to have
been, involved in the planning, sponsoring, organizing, or
perpetrating of the terrorist act on February 14, 2005, that
resulted in the assassination of former Prime Minister Rafiq
Hariri and the deaths of 22 others, or 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 and
agents, or to have obstructed or otherwise impeded the work of
the Commission. The order further authorizes the Secretary of
the Treasury, after consultation with the Secretary of State,
to designate for blocking those persons determined to have
materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in
support of, any such terrorist act, bombings, or assassination
attempts, or any person designated pursuant to this order, or
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.
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 IEEPA and the United Nations Participation Act, as amended
(22 U.S.C. 287c), as may be necessary to carry out the purposes
of my order. The order was effective at 12:01 a.m. eastern
daylight time on April 26, 2006.
I am enclosing a copy of the Executive Order I have issued.
George W. Bush.
The White House, April 26, 2006.
Executive Order
----------
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 seg.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seg.), 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;
(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.
Sec. 7. This order is effective at 12:01 a.m. eastern
daylight time on April 26, 2006.
George W. Bush.
The White House, April 25, 2006.