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H.Doc.108-46 CONTINUATION OF THE NATIONAL EMERGENCY ...


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108th Congress, 1st Session - - - - - - - - - - - - House Document 108-45


 
   BLOCKING PROPERTY OF PERSONS UNDERMINING DEMOCRATIC PROCESSES OR 
                       INSTITUTIONS IN ZIMBABWE

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE UNUSUAL AND 
  EXTRAORDINARY THREAT TO THE FOREIGN POLICY INTERESTS OF THE UNITED 
  STATES POSED BY THE ACTIONS AND POLICIES OF CERTAIN INDIVIDUALS WHO 
     HAVE FORMULATED, IMPLEMENTED, OR SUPPORTED POLICIES THAT HAVE 
 UNDERMINED ZIMBABWE'S DEMOCRATIC INSTITUTIONS, PURSUANT TO 50 U.S.C. 
                       1703(b) AND 50 U.S.C. 1631

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


   March 12, 2002.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    Pursuant to section 204(b) of the International Emergency 
Economic Powers Act, 50 U.S.C. 1703(b) and section 301 of the 
National Emergencies Act, 50 U.S.C. 1631, I hereby report that 
I have exercised my statutory authority to declare a national 
emergency with respect to the unusual and extraordinary threat 
to the foreign policy interests of the United States posed by 
the actions and policies of certain individuals who have 
formulated, implemented, or supported policies that have 
undermined Zimbabwe's democratic institutions.
    Over the course of more than 2 years, the Government of 
Zimbabwe has systematically undermined that nation's democratic 
institutions, employing violence, intimidation, and repressive 
means including legislation to stifle opposition to its rule. 
This campaign to ensure the continued rule of Robert Mugabe and 
his associates was clearly revealed in the badly flawed 
presidential election held in March 2002. Subsequent to the 
election, the Mugabe government intensified its repression of 
opposition political parties and those voices in civil society 
and the independent press calling on the government to respect 
the nation's democratic values and the basic human rights of 
its citizens. To add to the desperation of the besieged 
Zimbabwean people, the current government has engaged in a 
violent assault on the rule of law that has thrown the economy 
into chaos, devastated the nation's agricultural economy, and 
triggered a potentially catastrophic food crisis.
    As a result of the unusual and extraordinary threat posed 
to the foreign policy of the United States by the deterioration 
of Zimbabwe's democracy and the resulting breakdown in the rule 
of law, politically motivated violence, and the political and 
economic instability in the southern African region, I have 
exercised my statutory authority and issued an Executive Order 
which, except to the extent provided for 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:
    <bullet> blocks all property and interests in property of 
the individuals listed in the Annex to the order;
    <bullet> prohibits any transaction or dealing by United 
States persons or within the United States in property or 
interests in property blocked pursuant to the order, including 
the making or receiving of any contribution of funds, goods, or 
services to or for the benefit of the persons designated 
pursuant to the order.
    The Secretary of the Treasury is further authorized to 
designate any person determined, in consultation with the 
Secretary of State, to be owned or controlled by, or acting or 
purporting to act directly or indirectly for or on behalf of, 
any persons designated in or pursuant to the order. The 
Secretary of the Treasury is also authorized in the exercise of 
my authorities under the International Emergency Economic 
Powers Act to implement these measures in consultation with the 
Secretary of State. All Federal agencies are directed to take 
actions within their authority to carry out the provisions of 
the Executive Order.
    This Executive Order further demonstrates the U.S. 
commitment to supporting Zimbabwe's democratic evolution, and 
strengthens our cooperation with the European Union in efforts 
to promote that evolution. The European Union has acted to 
freeze the assets of 79 individuals responsible for the 
political, economic, and social deterioration of Zimbabwe. With 
the exception of two individuals no longer associated with the 
Government of Zimbabwe, this order encompasses all those 
identified by the European Union.
    I have enclosed a copy of the Executive Order I have 
issued.

                                                    George W. Bush.
    The White House, March 6, 2003.
                            Executive Order

                              ----------                              


   Blocking Property of Persons Undermining Democratic Processes or 
                        Institutions in Zimbabwe

    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.), and section 301 of title 3, United States 
Code,
    I, GEORGE W. BUSH, President of the United States of 
America, have determined that the actions and policies of 
certain members of the Government of Zimbabwe and other persons 
to undermine Zimbabwe's democratic processes of institutions, 
contributing to the deliberate breakdown in the rule of law in 
Zimbabwe, to politically motivated violence and intimidation in 
that country, and to political and economic instability in the 
southern African region, constitute an unusual and 
extraordinary threat to the foreign policy of the United 
States, and I hereby declare a national emergency to deal with 
that threat.
    I hereby order:
    Section 1. Except to the extent provided in section 203(b) 
of IEEPA (50 U.S.C. 1702(b)), and 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 of the following 
persons 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 United States persons, including 
their overseas branches, are blocked and may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in:
    (a) the persons listed in the Annex to this order; and
    (b) any person determined by the Secretary of the Treasury, 
in consultation with the Secretary of state, to be owned or 
controlled by, or acting or purporting to act directly or 
indirectly for or on behalf of, any of the persons listed in 
the Annex to this order.
    Sec. 2. (a) Any transaction or dealing by a United States 
person or within the United States in property or interests in 
property blocked pursuant to this order is prohibited, 
including but not limited to the making or receiving of any 
contribution of funds, goods, or services to or for the benefit 
of any person listed in the Annex to this order or who is the 
subject of a determination under subsection 1(b) of this order.
    (b) 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.
    (c) Any conspiracy formed to violate 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. The Secretary of the Treasury, in 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 me by IEEPA, 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. 
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.
    Sec. 5. This order is not intended to create, nor does it 
create, any right, benefit, or privilege, substantive or 
procedural, enforceable at law by a party against the United 
States, its agencies, officers, employees, or any other person.
    Sec. 6. (a) This order is effective at 12:01 eastern 
standard time on March 7, 2003; and
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.

                                                    George W. Bush.
    The White House, March 6, 2003.

                                 Annex

    1. Robert Gabriel MUGABE [President of Zimbabwe, born 21 
Feb. 1924]
    2. Flora BUKA [Minister of State for Land Reform, born 25 
Feb. 1968]
    3. George CHARAMBA [Permanent Secretary, Ministry of 
Information, born 4 Apr. 1963]
    4. Fortune CHARUMBIRA [Deputy Minister for Local 
Government, Public Works, and National Housing, born 10 June 
1962]
    5. Aeneas CHIGWEDERE [Minister of Education, Sports and 
Culture, born 25 Nov. 1939]
    6. Augustine CHIHURI [Police Commissioner, born 10 Mar. 
1953]
    7. Enos CHIKOWORE [Politburo Secretary for Land and 
Resettlement, born 17 July 1942]
    8. Patrick CHINAMASA [Minister of Justice, born 25 Jan. 
1947]
    9. Edward CHINDORI-CHININGA [Minister of Mines, born 14 
Mar. 1955]
    10. Constantine CHIWENGA [Lt. Gen., Commander of the Army, 
born 25 Aug. 1956]
    11. Willard CHIWEWE [Senior Secretary, Ministry of Foreign 
Affairs, born 19 Mar. 1949]
    12. Ignatius CHOMBO [Minister of Local Government, born 1 
Aug. 1952]
    13. Dumiso DABENGWA [Politburo Senior Committee Member, 
born 6 Dec. 1939]
    14. Nicholas GOCHE [Minister of State for National 
Security, born 1 Aug. 1946]
    15. Rugare GUMBO [Deputy Minister for Home Affairs, born 8 
Mar. 1940]
    16. Richard HOVE [Politburo Secretary for Economic Affairs, 
born 23 Sept. 1939]
    17. David KARIMANZIRA [Politburo Secretary for Finance, 
born 25 May 1947]
    18. Saviour KASUKUWERE [Deputy-Secretary for Youth Affairs, 
born 23 Oct. 1970]
    19. Christopher KURUNERI [Deputy Minister, Finance and 
Economic Development, born 4 Apr. 1949]
    20. Thenjiwe LESABE [Politburo Secretary for Women's 
Affairs, born 5 Jan. 1933]
    21. Jaison MACHAYA [Deputy Minister for Mines and Mining 
Development, born 13 June 1952]
    22. Joseph MADE [Minister of Agriculture, born 21 Nov. 
1954]
    23. Edna MADZONGWE [Deputy-Secretary for Production and 
Labor, born 11 July 1943]
    24. Shuvai MAHOFA [Deputy Minister for Youth Development, 
Gender and Employment Creation, born 4 Apr. 1941]
    25. Joshua MALINGA [Deputy-Secretary for Disabled and 
Disadvantaged, born 28 Apr. 1944]
    26. Paul MANGWANA [Minister of State for State Enterprises 
and Parastatals, born 10 Aug. 1961]
    27. Witness MANGWENDE [Minister of Transport and 
Communications, born 15 Aug. 1946]
    28. Elliot MANYIKA [Minister of Youth Development, born 30 
July 1955]
    29. Kenneth MANYONDA [Deputy Minister for Industry and 
International Trade, born 10 Aug. 1934]
    30. Reuben MARUMAHOKO [Deputy Minister for Energy and Power 
Development, born 4 Apr. 1948]
    31. Angeline MASUKU [Politburo Secretary for Disabled and 
Disadvantaged Person's Welfare, born 14 Oct. 1936]
    32. Sithokozile MATHUTHU [Deputy-Secretary for Transport 
and Social Welfare]
    33. Amos Bernard Muvenga MIDZI [Minister for Energy and 
Development, born 4 July 1952]
    34. Emmerson MNANGAGWA [Parliamentary Speaker, born 15 
Sept. 1946]
    35. Kembo MOHADI [Minister of Home Affairs, born 15 Nov. 
1949]
    36. Swithun MOMBESHORA [Minister of Higher Education, born 
20 Aug. 1945]
    37. Jonathan MOYO [Minister of Information, born 12 Jan. 
1957]
    38. July MOYO [Minister of Public Service, Labor and Social 
Welfare, born 7 May 1950]
    39. Simon Khaya MOYO [Deputy-Secretary for Legal Affairs, 
born 1945]
    40. Obert MPOFU [Deputy-Secretary for National Security, 
born 12 Oct. 1951]
    41. Joseph MSIKA [Vice President, born 6 Dec. 1923]
    42. Olivia MUCHENA [Minister of State for Science and 
Technology Development, born 18 Aug. 1946]
    43. Opah MUCHINGURI [Politburo Secretary for Gender and 
Culture, born 14 Dec. 1958]
    44. Stan MUDENGE [Minister of Foreign Affairs, born 17 Dec. 
1948]
    45. Grace MUGABE [born 23 July 1965]
    46. Sabina MUGABE [Politburo Senior Committee Member, born 
14 Oct. 1934]
    47. Joyce MUJURU [Minister of Rural Resources and Water, 
born 15 Apr. 1955]
    48. Solomon MUJURU [Politburo Senior Committee Member, born 
1 May 1949]
    49. Samuel MUMBENGEGWI [Minister of Industry and 
International Trade, born 20 July 1945]
    50. Herbert MURERWA [Minister of Finance, born 31 July 
1941]
    51. Christopher MUSHOHWE [Deputy Minister, Transport and 
Communications, born 6 Feb. 1954]
    52. Didymus MUTASA [Politburo Secretary for External 
Relations, born 27 July 1935]
    53. Kenneth MUTIWEKUZIVA [Deputy Minister for Small and 
Medium Enterprise Development, born 27 May 1948]
    54. Simon Vengesai MUZENDA [Vice President, born 28 Oct. 
1922]

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