28 April 2006

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[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Presidential Documents]               
[Page 25059-25061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-135]                         



                        Presidential Documents 




___________________________________________________________________

Title 3--
The President

[[Page 25059]]

                Executive Order 13399 of April 25, 2006

 
                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 seq.) (IEEPA), the 
                National Emergencies Act (50 U.S.C. 1601 et seq.), 
                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;

[[Page 25060]]

                    (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.

[[Page 25061]]

                Sec. 7. This order is effective at 12:01 a.m. eastern 
                daylight time on April 26, 2006.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    April 25, 2006.

[FR Doc. 06-4085
Filed 4-27-06; 8:45 am]

Billing code 3195-01-P