Blocking Property of and Prohibiting Transactions With the Government of Sudan

Executive Order 13412 of October 13, 2006

Blocking Property of and Prohibiting Transactions
With the Government of Sudan

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),
and section 301 of title 3, United States Code, and
taking appropriate account of the Darfur Peace and
Accountability Act of 2006 (the “Act”),

I, GEORGE W. BUSH, President of the United States of
America, find that, due to the continuation of the
threat to the national security and foreign policy of
the United States created by certain policies and
actions of the Government of Sudan that violate human
rights, in particular with respect to the conflict in
Darfur, where the Government of Sudan exercises
administrative and legal authority and pervasive
practical influence, and due to the threat to the
national security and foreign policy of the United
States posed by the pervasive role played by the
Government of Sudan in the petroleum and petrochemical
industries in Sudan, it is in the interests of the
United States to take additional steps with respect to
the national emergency declared in Executive Order
13067 of November 3, 1997. Accordingly, I hereby order:

Section 1. Except to the extent provided in section
203(b) of IEEPA (50 U.S.C. 1702(b)) or in regulations,
orders, directives, or licenses that may be issued
pursuant to this order, all property and interests in
property of the Government of Sudan 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not be transferred, paid, exported, withdrawn, or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.

Sec. 2. Except to the extent provided in section 203(b)
of IEEPA (50 U.S.C. 1702(b)) or 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 transactions by
United States persons relating to the petroleum or
petrochemical industries in Sudan, including, but not
limited to, oilfield services and oil or gas pipelines,
are prohibited.

Sec. 3. (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. 4. (a) Subject to paragraph (b) of this section,
restrictions imposed by this order shall be in addition
to, and do not derogate from, restrictions imposed in
and under Executive Order 13067.

(b)(i) None of the prohibitions in section 2 of
Executive Order 13067 shall apply to activities or
related transactions with respect to Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile
State, Abyei, Darfur, or marginalized areas in and
around Khartoum, provided that the activities or
transactions do not involve any property or interests
in property of the Government of Sudan.

(ii) The Secretary of State, after consultation with
the Secretary of the Treasury, may define the term
“Southern Sudan, Southern Kordofan/Nuba Mountains
State, Blue Nile State, Abyei, Darfur, or marginalized
areas in and around Khartoum” for the purposes of this
order.

(c) The function of the President under subsection
6(c)(1) of the Comprehensive Peace in Sudan Act of 2004
(Public Law 108-497), as amended by section 5(a)(3) of
the Act, is assigned to the Secretary of the Treasury
as appropriate in the performance of such function.

(d) The functions of the President under subsection
6(c)(2) and the last sentence of 6(d) of the
Comprehensive Peace in Sudan Act of 2004 (Public Law
108-497), as amended by subsections 5(a)(3) and (b),
respectively, of the Act, are assigned to the Secretary
of State, except that the function of denial of entry
is assigned to the Secretary of Homeland Security.

(e) The functions of the President under sections 7 and
8 of the Act are assigned to the Secretary of State.

Sec. 5. Nothing in this order shall prohibit:

(a) transactions for the conduct of the official
business of the Federal Government or the United
Nations by employees thereof; or

(b) transactions in Sudan for journalistic activity by
persons regularly employed in such capacity by a news-
gathering organization.

Sec. 6. 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;

(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 “Government of Sudan” includes the
Government of Sudan, its agencies, instrumentalities,
and controlled entities, and the Central Bank of Sudan,
but does not include the regional government of
Southern Sudan.

Sec. 7. For those persons whose property and interests
in property are blocked pursuant to section 1 of 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 13067 there need be no prior notice
of a determination made pursuant to section 1 of this
order.

Sec. 8. 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 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. 9. 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. 10. This order shall take effect upon the
enactment of the Darfur Peace and Accountability Act of
2006.

    (Presidential Sig.)

THE WHITE HOUSE,

    October 13, 2006.