Page:Title 3 CFR 2006 Compilation.djvu/259

 EO 13412 Title 3--The President Law 108-497), as amended by subsections 5(a)(3) and (b), respectively, of the Act, are assigned to the Secretary of State, except that the function of denial of entry is assigned to the Secretary of Homeland Security. (e) The functions of the President under sections 7 and 8 of the Act are assigned to the Secretary of State. Sec. 5. Nothing in this order shall prohibit: (a) transactions for the conduct of the official business of the Federal Gov- ernment or the United Nations by employees thereof; or (b) transactions in Sudan for journalistic activity by persons regularly em- ployed in such capacity by a news-gathering organization. Sec. 6. 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; (c) the term "United States person" means any United States citizen, per- manent 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 "Government of Sudan" includes the Government of Sudan, its agencies, instrumentalities, and controlled entities, and the Central Bank of Sudan, but does not include the regional government of Southern Sudan. Sec. 7. For those persons whose property and interests in property are blocked pursuant to section 1 of 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 meas- ures to be taken pursuant to this order would render these measures inef- fectual. I therefore determine that for these measures to be effective in ad- dressing the national emergency declared in Executive Order \1773067 there need be no prior notice of a determination made pursuant to section \177 of this order. Sec. 8. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to take such actions, including the promulga- tion of rules and regulations, and to employ all powers granted to the Presi- dent 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, consistent with applicable law. All executive agencies of the United States Govern- ment are hereby directed to take all appropriate measures within their au- thority 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 40\177 of the NEA (50 U.S.C. \177641) applicable to the De- partment of the Treasury in relation to this order. Sec. 9. 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, instrumental- ities, or entities, its officers or employees, or any other person. 246

�