[House Document 109-142]
[From the U.S. Government Publishing Office]
109th Congress, 2d Session - - - - - - - - - - - - House Document 109-
142
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE DEMOCRATIC
REPUBLIC OF THE CONGO
__________
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 THE
DEMOCRATIC REPUBLIC OF THE CONGO, PURSUANT TO 50 U.S.C. 1703(b)
November 9, 2006.--Message and accompanying papers referred to the
Committee on International Relations and ordered to be printed
The White House,
Washington, October 27, 2006.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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 the Democratic
Republic of the Congo. In that order, I declared a national
emergency to deal with the unusual and extraordinary threat to
the foreign policy of the United States posed by that conflict,
as described below.
The conflict in the Democratic Republic of the Congo has
been the deadliest conflict since World War II, with an
estimated four million dead since 1996, many from hunger and
disease resulting from the fighting. The United Nations
Security Council, in Resolution 1596 of April 18, 2005,
Resolution 1649 of December 21, 2005, Resolution 1698 of July
31, 2006, and numerous other resolutions, has expressed serious
concern over the presence of armed groups and militias in the
Democratic Republic of the Congo, which perpetuate both the
conflict in the country and a climate of insecurity throughout
the entire region.
The conflict has been marked by serious violations of human
rights and international humanitarian law by these militias and
armed groups, including the massacre of civilians, sexual
violence against women and girls, and the recruitment and use
of children in the hostilities. The perpetuation of the
conflict undermines the progress and promise of the Global and
All-Inclusive Agreement on the Transition in the Democratic
Republic of the Congo, signed in 2002, which created a process
that can lead to the long-term restoration of peace and
stability, national reconciliation, and establishment of the
rule of law.
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 be a political or military leader of a
foreign armed group operating in the Democratic
Republic of the Congo that impedes the disarmament,
repatriation, or resettlement of combatants;
to be a political or military leader of a
Congolese armed group that impedes the disarmament,
demobilization, or reintegration of combatants;
to be a political or military leader
recruiting or using children in armed conflict in the
Democratic Republic of the Congo in violation of
applicable international law;
to have committed serious violations of
international law involving the targeting of children
in situations of armed conflict in the Democratic
Republic of the Congo, including killing and maiming,
sexual violence, abduction, and forced displacement; or
to have directly or indirectly supplied,
sold, or transferred to the Democratic Republic of the
Congo, or been the recipient in the territory of the
Democratic Republic of the Congo of, arms and related
materiel, including military aircraft and equipment, or
advice, training, or assistance, including financing
and financial assistance, related to military
activities.
The designation criteria will be applied consistent with
applicable Federal 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
determine that circumstances no longer warrant the blocking of
the property and interests in property of, or the prohibiting
of transactions with, a person listed in the Annex to the
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 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 October 30, 2006.
Sincerely,
George W. Bush.
Executive Order
----------
Blocking Property of Certain Persons Contributing to the Conflict in
the Democratic Republic of the Congo
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,
I, GEORGE W. BUSH, President of the United States of
America, determine that the situation in or in relation to the
Democratic Republic of the Congo, which has been marked by
widespread violence and atrocities that continue to threaten
regional stability and was addressed by the United Nations
Security Council in Resolution 1596 of April 18, 2005,
Resolution 1649 of December 21, 2005, and Resolution 1698 of
July 31, 2006, constitutes an unusual and extraordinary threat
to the foreign policy of the United States and hereby declare a
national emergency to deal with that threat. To address that
threat, I 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
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:
(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 be a political or military leader of a foreign armed
group operating in the Democratic Republic of the Congo that
impedes the disarmament, repatriation, or resettlement of
combatants;
(B) to be a political or military leader of a Congolese
armed group that impedes the disarmament, demobilization, or
reintegration of combatants;
(C) to be a political or military leader recruiting or
using children in armed conflict in the Democratic Republic of
the Congo in violation of applicable international law;
(D) to have committed serious violations of international
law involving the targeting of children in situations of armed
conflict in the Democratic Republic of the Congo, including
killing and maiming, sexual violence, abduction, and forced
displacement;
(E) to have directly or indirectly supplied, sold, or
transferred to the Democratic Republic of the Congo, or been
the recipient in the territory of the Democratic Republic of
the Congo of, arms and related materiel, including military
aircraft and equipment, or advice, training, or assistance,
including financing and financial assistance, related to
military activities;
(F) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, the activities described insubsections
(a)(ii)(A) through (E) of this section or any person listed in or
designated pursuant to this order; or
(G) 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 subsection (a) of this section would
seriously impair my ability to deal with the national emergency
declared in this order, and I hereby prohibit such donations as
provided by subsection (a) of this section.
(c) The prohibitions in subsection (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 subsection (a) of this section, 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 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 subsection 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 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, subsequent
to the issuance of this order, to determine, and to take
necessary action to give effect to that determination, that
circumstances no longer warrant the blocking of the property
and interests in property of, or the prohibiting of
transactions with, a person listed in the Annex to 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 October 30, 2006.
George W. Bush.
The White House, October 27, 2006.
ANNEX
Individuals
1. Laurent Nkunda [born February 6, 1967; Founder, National
Congress for the People's Defense, 2006; Senior Officer, Rally
for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer,
Rwandan Patriotic Front, 1992-1998]
2. Ignace Murwanashyaka [born May 14, 1963; President,
Forces Democratiques pour la Liberation du Rwanda (FDLR)]
3. Khawa Panga Mandro [born August 20, 1973; former
President, Party for Unity and Safeguarding of the Integrity of
Congo (PUSIC)]
4. Viktor Anatolijevitch Bout [born January 13, 1967;
Owner, Great Lakes Business Company, Compagnie Aerienne des
Grands Lacs; Bukavu Aviation Transport, and Business Air
Services]
5. Sanjivan Singh Ruprah [born August 9, 1966; Businessman]
6. Dimitri Igorevich Popov [born February 13, 1961; General
Manager, Great Lakes Business Company and Compagnie Aerienne
des Grands Lacs]
7. Douglas Mpano [born December 28, 1965; Manager, Great
Lakes Business Company and Compagnie Aerienne des Grands Lacs]