Letter to Congressional Leaders Reporting on Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo
Dear Mr. Speaker: (Dear Mr. President:)
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.
GEORGE W. BUSH
NOTE: Identical letters were sent to J. Dennis Hastert, Speaker of the House of Representatives, and Richard B. Cheney, President of the Senate. This letter was released by the Office of the Press Secretary on October 31. The Executive order of October 27 is listed in Appendix D at the end of this volume.
George W. Bush, Letter to Congressional Leaders Reporting on Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/270891