Blocking Property of Certain Persons Contributing to the Conflict in Côte d'Ivoire

Executive Order 13396 of February 7, 2006

Blocking Property of Certain Persons Contributing
to the Conflict in C[ocirc]te 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 C[ocirc]te d'Ivoire,

I, GEORGE W. BUSH, President of the United States of
America, determine that the situation in or in relation
to C[ocirc]te 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exported, withdrawn, or otherwise dealt in: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 C[ocirc]te 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
C[ocirc]te d'Ivoire;

(C) to have directly or indirectly supplied, sold, or transferred to
C[ocirc]te 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 C[ocirc]te 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:

(a) 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 C[ocirc]te 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 C[ocirc]te 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 C[ocirc]te
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 C[ocirc]te 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, 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 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.

    (Presidential Sig.)B

THE WHITE HOUSE,

    February 7, 2006.