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;
(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.