Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe

Executive Order 13391 of November 22, 2005

Blocking Property of Additional 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, and in
order to take additional steps with respect to the
continued actions and policies of certain persons who
undermine Zimbabwe's democratic processes and with
respect to the national emergency described and
declared in Executive Order 13288 of March 6, 2003,

I, GEORGE W. BUSH, President of the United States of
America, hereby order:

Section 1. The Annex to Executive Order 13288 of March
6, 2003, is replaced and superseded in its entirety by
the Annex to this order.

Sec. 2. Section 6 of Executive Order 13288 is
renumbered as section 8. Sections 1 through 5 of
Executive Order 13288 are replaced with new sections 1
through 7 as follows:

    “Section 1. (a) Except to the extent provided in
section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C.
1702(b)(1), (3), and (4)), 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not be transferred, paid, exported, withdrawn, or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:

(i) the persons listed in the Annex to this order; and

(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:

       (A) to have engaged in actions or policies to
    undermine Zimbabwe's democratic processes or
    institutions;
       (B) to have materially assisted, sponsored, or
    provided financial, material, or technological
    support for, or goods or services in support of,
    such actions or policies or any person whose
    property and interests in property are blocked
    pursuant to this order;
       (C) to be or have been an immediate family
    member of any person whose property and interests
    in property are blocked pursuant to this order; or
       (D) to be owned or controlled by, or acting or
    purporting to act for or on behalf of, directly or
    indirectly, any person whose property and interests
    in property are blocked pursuant to this order.

     (b) I hereby determine that the making of
donations of the type of articles specified in section
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or
for the benefit of any person whose property and
interests in property are blocked pursuant to paragraph
(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 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 whose
property and interests in property are blocked 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 whose property and
interests in property are blocked 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(a)
of this order.
    Sec. 5. 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 the President 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, 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. The Secretary of the Treasury, in
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(a) of this order.
    Sec. 7. This order is not intended to create, nor
does it 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. 3. This order is not intended to create, nor does
it 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. 4. This order shall take effect at 12:01 a.m.
eastern standard time, November 23, 2005.

Sec. 5. This order shall be transmitted to the Congress
and published in the Federal Register.

    (Presidential Sig.)B

THE WHITE HOUSE,

    November 22, 2005.