Message to the Congress Transmitting an Executive Order Blocking Property of Persons in Connection With the Conflict in Sudan's Darfur Region
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act (IEEPA), I hereby report that I have issued an Executive Order (the "order") blocking the property of persons in connection with the conflict in Sudan's Darfur region. In that order, I have expanded the scope of the national emergency declared in Executive Order 13067 of November 3, 1997, with respect to the policies and actions of the Government of Sudan, to address the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the actions and circumstances involving Darfur, as described below.
The United Nations Security Council, in Resolution 1591 of March 29, 2005, condemned the continued violations of the N'djamena Ceasefire Agreement of April 8, 2004, and the Abuja Humanitarian and Security Protocols of November 9, 2004, by all sides in Darfur, as well as the deterioration of the security situation and the negative impact this has had on humanitarian assistance efforts. I also note that the United Nations Security Council has strongly condemned the continued violations of human rights and international humanitarian law in Sudan's Darfur region and, in particular, the continuation of violence against civilians and sexual violence against women and girls.
United Nations Security Council Resolution (UNSCR) 1591 determined that the situation in Darfur constitutes a threat to international peace and security in the region and called on Member States to take certain measures against persons responsible for the continuing conflict. The United Nations Security Council has encouraged all parties to negotiate in good faith at the Abuja talks and to take immediate steps to support a peaceful settlement to the conflict in Darfur, but has continued to express serious concern at the persistence of the crisis in Darfur in UNSCR 1651 of December 21, 2005.
Pursuant to IEEPA, the National Emergencies Act, and the United Nations Participation Act (UNPA), I have determined that these actions and circumstances constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and have issued an Executive Order expanding the scope of the national emergency declared in Executive Order 13067 to deal with this threat.
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 have constituted a threat to the peace process in Darfur;
- to have constituted a threat to stability in Darfur and the region;
- to be responsible for conduct related to the conflict in Darfur that violates international law;
- to be responsible for heinous conduct with respect to human life or limb related to the conflict in Darfur;
- to have directly or indirectly supplied, sold, or transferred arms or any related materiel, or any assistance, advice, or training related to military activities to the Government of Sudan, the Sudan Liberation Movement/Army, the Justice and Equality Movement, the Janjaweed, or any person operating in the states of North Darfur, South Darfur, and West Darfur, that is a belligerent, a nongovernmental entity, or an individual; or
- to be responsible for offensive military overflights in and over the Darfur region.
The designation criteria will be applied in accordance with applicable domestic law, including where appropriate, the First Amendment of 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 remove any persons from the Annex to the order as circumstances warrant.
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 IEEPA and UNPA, as may be necessary to carry out the purposes of the order. All Federal 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, was effective at 12:01 a.m. eastern daylight time on April 27, 2006.
GEORGE W. BUSH
The White House,
April 27, 2006.
NOTE: The Executive order is listed in Appendix D at the end of this volume.
George W. Bush, Message to the Congress Transmitting an Executive Order Blocking Property of Persons in Connection With the Conflict in Sudan's Darfur Region Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/215299