Executive Order 13396
Executive Order 13396 of February 7, 2006
Blocking Property of Certain Persons Contributing to the Conflict in Côte d'Ivoire
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), 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 to assist in addressing humanitarian, safety, and other concerns in or in relation to the country of Côte d'Ivoire,
I, George W. Bush, President of the United States of America, determine that the situation in or in relation to Côte d'Ivoire, which has been addressed by the United Nations Security Council in Resolution 1572 of November 15, 2004, and subsequent resolutions, that has resulted in the massacre of large numbers of civilians, widespread human rights abuses, significant political violence and unrest, and attacks against international peacekeeping forces leading to fatalities, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States and hereby declare a national emergency to deal with that threat, and hereby order:
|(a)||Except to the extent that section 203(b)(1), (3), and (4) of the 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person, including any overseas branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:|
|(b)||I hereby determine that, to the extent section 203(b)(2) of the 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 listed in or designated pursuant to this order would seriously impair my ability to deal with the national emergency declared in this order, 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 listed in or designated pursuant to this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person.|
|(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.|
For purposes of this order:
|(a)||the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;|
|(b)||the term “person” means an individual or entity;|
|(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 “arms or any related materiel” means arms or related materiel of all types, including military aircraft and equipment, but excludes:|
For those persons listed in or 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 this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order.
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 the IEEPA and the 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 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.
The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of the IEEPA (50 U.S.C. 1703(c)).
The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to determine, subsequent to the issuance of this order, that circumstances no longer warrant the inclusion of a person in the Annex to this order and that the property and interests in property of that person are therefore no longer blocked pursuant to section 1 of this order.
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.
This order is effective at 12:01 a.m. eastern standard time on February 8, 2006.
Billing Code 3195–01–P
Billing Code 4810–25–C
- Eugène Ngoran Kouadio DJUE [Leader of Union for the Total Liberation of Cote d'Ivoire (Union pour la Liberation Totale de la Cote D'Ivoire, UPLTCI), born December 20, 1969]
- Martin Kouakou FOFIE [“New Forces” (Force Nouvelles) Zone Commander in Korhogo, born January 1, 1968]
- Charles BLE GOUDE [Head of “Young Patriots” (Congres Panafricain des Jeunes Patriotes, COJEP), born January 1, 1972]
- Notice of February 5, 2007, ( 72 FR 5593 );
- Notice of February 5, 2008, ( 73 FR 7185 );
- Notice of February 4, 2009, ( 74 FR 6349 );
- Notice of February 2, 2010, ( 75 FR 5675 );
- Notice of January 26, 2011, ( 76 FR 5053 );
- Notice of February 3, 2012, ( 77 FR 5985 );
- Notice of February 4, 2013, ( 78 FR 8955 );
- Notice of February 4, 2014, ( 79 FR 7047 )