Executive Order
Blocking Property with Respect to Syria
(April 25, 2006)
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;
(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.
Sec. 7. This order is effective at 12:01 a.m. eastern
daylight time on April 26, 2006.
GEORGE W. BUSH
THE WHITE HOUSE,
April 25, 2006.
Sources: The White House |