Maravi

`SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.

`(d) Multilateral Financing Conditions- The Secretary of the Treasury shall instruct the United States executive director to each international financial institution to oppose any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe unless the proposed extension meets the following conditions:

`(1) There are sufficient controls for transparency and international oversight of the use of relevant funds.

`(2) Relevant funds, in cases where the international financial institutions are providing direct funding to or through the Government of Zimbabwe, will not be administered through or in coordination with--

`(A) ministries that have not demonstrated a commitment to reform and responsible fiscal management; or

`(B) the Reserve Bank of Zimbabwe, unless there are sufficient guarantees and a pattern of evidence that governance problems within the Reserve Bank of Zimbabwe have been addressed such that relevant funds will not be redirected for extra-legal purposes.

`(3) Relevant funds will not be administered by or directly accessible to individuals or financial institutions sanctioned by the United States.

`(e) Notification-

`(1) IN GENERAL- If the United States votes in favor of any loan, credit, or guarantee to the Government of Zimbabwe by an international financial institution, the Secretary of the Treasury, in coordination with the Secretary of State, shall notify the appropriate congressional committees within 30 days of such vote and provide appropriate information on such vote pertaining to the conditions in subsection (d).

`(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this subsection, the term `appropriate congressional committees' means--

`(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and

`(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.

`(f) Waiver- The President may waive the provisions in subsection (d) and (e) if the President determines that it is in the national interest of the United States to do so.'.

SEC. 9. ACTIONS TO STOP ILLEGAL DIAMOND FLOWS.

(a) Findings- Congress makes the following findings:

(1) According to credible human rights organizations, the armed forces of Zimbabwe continue to exert control over diamond mines in the Marange district of eastern Zimbabwe, and have committed horrific abuses against miners and local residents, including extrajudicial killings, beatings, and torture.

[Too bad the South African delegate of the Kimberley Process found no such violations, which is not even the main reason why Zimbabwe has been declared in compliance with the Kimberley Process. - MrK]

(2) A review mission of the Kimberley Process traveled to Zimbabwe from June 30 to July 4, 2009, and documented extensive smuggling of diamonds and abuses against civilians by the police and army forces of the Government of Zimbabwe. The review mission reportedly found there to be `credible indications of significant non-compliance' by the Government of Zimbabwe with the minimum standards of the Kimberley Process.

(3) On December 11, 2009, the United States Senior Advisor to the Permanent Representative of the United States to the 64th Session of the General Assembly stated that the United States has `serious concerns about Zimbabwe's non-compliance with the minimum requirements of the Kimberley Process, particularly relating to smuggling and grave violence in and around the Marange diamond fields'.

(4) The army and police forces of the Government of Zimbabwe continue to serve primarily as instruments of ZANU-PF, and their illegal activities involving diamonds continue to fuel the efforts of ZANU-PF to undermine democratic processes and institutions.

(b) Sense of Congress- In order to promote respect for the rule of law and to prevent further human rights violations by state security forces in Zimbabwe, it is the sense of Congress that, until the Secretary of State can certify that Zimbabwe is in full compliance with the Kimberley Process, the President should--

(1) press for Zimbabwe to be suspended from the Kimberley Process diamond certification scheme;

(2) work with Zimbabwe's neighbors as well as with regional organizations to help stop the flow of diamonds mined in Zimbabwe from crossing their shared border; and

(3) seek to identify and prepare sanctions pursuant to Executive Order 13391 on individuals and entities funding efforts to undermine democratic processes and institutions in Zimbabwe through illegal activities involving diamonds.

Office of Foreign Assets Control, U.S. Department of the Treasury

ZIMBABWE: WHAT YOU NEED TO KNOW ABOUT U.S. ECONOMIC SANCTIONS -

An overview of O.F.A.C. Regulations involving Sanctions against Zimbabwe


INTRODUCTION - On March 7, 2003, as a result of actions and policies by certain
members of the government of Zimbabwe, and its supporters to undermine
democratic institutions and processes in Zimbabwe, President Bush issued
Executive Order 13288 imposing sanctions against specifically identified
individuals and entities in Zimbabwe. On November 23, 2005, the President
issued a new Executive Order superseding E.O. 13288. The new Executive Order
(E.O. 13391) expands the list of sanctions targets to include immediate family
members of any designated individual of the Zimbabwe sanctions, as well as those
persons providing assistance to any sanctions target. Providing statutory authority
for these sanctions is the International Emergency Economic Powers Act ("IEEPA"),
the National Emergencies Act and sections 301 of title 3 of the United States
Code.

This fact sheet provides general information about the Zimbabwe sanctions
program imposed by the new Executive Order and administered by the U.S. Treasury
Department's Office of Foreign Assets Control ("OFAC").

PROHIBITED TRANSACTIONS - Executive Order 13391 prohibits U.S. persons,
wherever located, or anyone in the United States from engaging in any
transactions with any person, entity or organization found to: 1.) be
undermining democratic institutions and processes in Zimbabwe; 2.) have
materially assisted, sponsored, or provided financial, material, or
technological support to these entities; 3.) be or have been an immediate family
member of a sanctions target; or 4.) be owned, controlled or acting on behalf of
a sanctions target. Persons, entities and organizations referenced in Annex A
of the Executive Order are all incorporated into OFAC's list of Specially
Designated Nationals (SDNs). Prohibited transactions include, but are not
limited to, exports (direct and indirect), imports (direct and indirect), trade
brokering, financing and facilitation, as well as most financial transactions.
Attempts to evade or avoid these sanctions are also prohibited. These
prohibitions also extend to any person, organization or entity found to be
owned, controlled or acting on behalf of any Zimbabwe entity included on the SDN
list.

Under the Executive Order, U.S. persons are also required to block any property
of any Zimbabwe Specially Designated Nationals that is in the United States,
that comes into the United States, or that comes under the control of a U.S.
person wherever located. The term property includes, but is not limited to,
money, checks, drafts, bank accounts, securities and other financial
instruments, letters of credit, bills of sales, bills of lading and other
evidences of title, wire transfers, merchandise and goods. Blockable property
also includes any property in which there is any interest of a Zimbabwe SDN,
including direct, indirect, future or contingent, and tangible or intangible
interests.

Foreign branches and representative offices of U.S. companies, as well as U.S.
branches and representative offices of foreign companies are considered U.S.
persons for purposes of these prohibitions.

Transactions that do not involve any of the Zimbabwe SDNs, or any person or
entity believed to be owned, controlled or acting on behalf of a Zimbabwe SDN
are not prohibited by the new Executive Order.

Criminal fines for violating the Executive Order or regulations to be issued
pursuant to the Executive Order may range up to the greater of $500,000 or twice
the pecuniary gain per violation for an organization, or up to the greater of
$250,000 or twice the pecuniary gain per violation for an individual.
Individuals may also be imprisoned for up to 10 years for a criminal violation.
Knowingly making false statements or falsifying or concealing material facts
when dealing with OFAC in connection with matters under its jurisdiction is a
criminal offense. In addition, civil penalties of up to $11,000 per violation
may be imposed administratively.

If you have information regarding possible violations of these sanctions, please
call the Treasury Department's Office of Foreign Assets Control at 202/622-2430.
Your call will be handled confidentially.

____________________________________________


Executive Order 13391 issued effective 12:01 eastern standard time on November 23, 2005:

BLOCKING PROPERTY OF ADDITIONAL 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,
and in order to take additional steps with respect to the continued actions and
policies of certain persons who undermine Zimbabwe's democratic processes and
with respect to the national emergency described and declared in Executive Order
13288 of March 6, 2003,

I, GEORGE W. BUSH, President of the United States of America, hereby order:

Section 1. The Annex to Executive Order 13288 of March 6, 2003, is
replaced and superseded in its entirety by the Annex to this order.

Sec. 2. Section 6 of Executive Order 13288 is renumbered as section 8.
Sections 1 through 5 of Executive Order 13288 are replaced with new sections 1
through 7 as follows:

"Section 1. (a) Except to the extent provided in section 203(b)(1),
(3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), 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:

(i) the persons listed in the Annex to this order; and

(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:

(A) to have engaged in actions or policies to undermine Zimbabwe's
democratic processes or institutions;

(B) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support of, such
actions or policies or any person whose property and interests in property are
blocked pursuant to this order;

(C) to be or have been an immediate family member of any person whose
property and interests in property are blocked pursuant to this order; or

(D) to be owned or controlled by, or acting or purporting to act for or
on behalf of, directly or indirectly, any person whose property and interests in
property are blocked pursuant to this order.

(b) I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to,
or for the benefit of any person whose property and interests in property are
blocked pursuant to paragraph (a) of this section 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 whose property and
interests in property are blocked 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 whose property and interests in property are
blocked 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(a) of this order.

Sec. 5. 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 the President 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 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. The Secretary of the Treasury, in 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(a) of this order.

Sec. 7. This order is not intended to create, nor does it 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. 3. This order is not intended to create, nor does it 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. 4. This order shall take effect at 12:01 a.m. eastern daylight time,
November 23, 2005.

Sec. 5. This order shall be transmitted to the Congress and published in the
Federal Register.

____________________________________________________

This document is explanatory only and does not have the force of law. The
Executive Order and implementing regulations to be issued pertaining to Zimbabwe
contain the legally binding provisions governing the sanctions. This document
does not supplement or modify the Executive Order or regulations from a legal
perspective.

The Treasury Department's Office of Foreign Assets Control also administers
sanctions programs involving the Balkans, Burma (Myanmar), Cuba, Diamond
Trading, Iran, Iraq, Liberia, North Korea, Sudan and Syria, as well as highly
enriched uranium, designated Terrorists and international Narcotics Traffickers,
Foreign Terrorist Organizations and designated foreign persons who have engaged
in activities relating to the proliferation of weapons of mass destruction. For
additional information about these programs or about sanctions involving
Zimbabwe, please contact the:

OFFICE OF FOREIGN ASSETS CONTROL
U.S. Department of the Treasury
1500 Pennsylvania Avenue, N.W. - Annex
Washington, D.C. 20220
http://www.treas.gov/ofac
202/622-2490

date: 11/23/2005a