[House Document 113-95]
[From the U.S. Government Publishing Office]
113th Congress, 2d Session - - - - - - - - - - - - - House Document 113-95
EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY WITH RESPECT TO THE
SITUATION IN UKRAINE
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION THAT AN EXECUTIVE ORDER WAS ISSUED DECLARING A NATIONAL
EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT TO THE
NATIONAL SECURITY AND FOREIGN POLICY OF THE UNITED STATES POSED BY THE
SITUATION IN UKRAINE, PURSUANT TO 50 U.S.C. 1701 ET SEQ
March 6, 2014.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have
issued an Executive Order (the ``order'') declaring a national
emergency with respect to the unusual and extraordinary threat
to the national security and foreign policy of the United
States posed by the situation in Ukraine.
The order does not target the country of Ukraine, but
rather is aimed at persons--including persons who have asserted
governmental authority in the Crimean region without the
authorization of the Government of Ukraine--who undermine
democratic processes and institutions in Ukraine; threaten its
peace, security, stability, sovereignty, and territorial
integrity; and contribute to the misappropriation of its
assets. The order blocks the property and interests in property
and suspends entry into the United States of any person
determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
to be responsible for or complicit in, or to
have engaged in, directly or indirectly, any of the
following:
actions or policies that undermine
democratic processes or institutions in
Ukraine;
actions or policies that threaten the
peace, security, stability, sovereignty, or
territorial integrity of Ukraine; or
misappropriation of state assets of
Ukraine or of an economically significant
entity in Ukraine;
to have asserted governmental authority over
any part or region of Ukraine without the authorization
of the Government of Ukraine;
to be a leader of an entity that has, or
whose members have, engaged in any activity described
above or of an entity whose property and interests in
property are blocked pursuant to the order;
to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
activity described above or any person whose property
and interests in property are blocked pursuant to the
order; or
to be owned or controlled by, or to have
acted or purported to act for or on behalf of, directly
or indirectly, any person whose property and interests
in property are blocked pursuant to the order.
I have delegated to the Secretary of the Treasury the
authority, in consultation with the Secretary of State, 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 the
order. All agencies of the United States Government are
directed to take all appropriate measures within their
authority to carry out the provisions of the order.
I am enclosing a copy of the Executive Order I have issued.
Barack Obama.
The White House, March 6, 2014.
Executive Order
----------
Blocking Property of Certain Persons Contributing to the Situation in
Ukraine
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 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301
of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America,
find that the actions and policies of persons--including
persons who have asserted governmental authority in the Crimean
region without the authorization of the Government of Ukraine--
that undermine democratic processes and institutions in
Ukraine; threaten its peace, security, stability, sovereignty,
and territorial integrity; and contribute to the
misappropriation of its assets, constitute an unusual and
extraordinary threat to the national security and foreign
policy of the United States, and I hereby declare a national
emergency to deal with that threat. I hereby order:
Section 1. (a) 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 foreign
branch) of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(i) to be responsible for or complicit in, or to have
engaged in, directly or indirectly, any of the
following:
(A) actions or policies that undermine
democratic processes or institutions in
Ukraine;
(B) actions or policies that threaten the
peace, security, stability, sovereignty, or
territorial integrity of Ukraine; or
(C) misappropriation of state assets of
Ukraine or of an economically significant
entity in Ukraine;
(ii) to have asserted governmental authority over any
part or region of Ukraine without the authorization of
the Government of Ukraine;
(iii) to be a leader of an entity that has, or whose
members have, engaged in any activity described in
subsection (a)(i) or (a)(ii) of this section or of an
entity whose property and interests in property are
blocked pursuant to this order;
(iv) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
activity described in subsection (a)(i) or (a)(ii) of
this section or any person whose property and interests
in property are blocked pursuant to this order; or
(v) to be owned or controlled by, or to have acted or
purported 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) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or 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.
Sec. 2. I hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of aliens determined
to meet one or more of the criteria in subsection 1(a) of this
order would be detrimental to the interests of the United
States, and I hereby suspend entry into the United States, as
immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of
Proclamation 8693 of July 24, 2011 (Suspension of Entry of
Aliens Subject to United Nations Security Council Travel Bans
and International Emergency Economic Powers Act Sanctions).
Sec. 3. 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 section 1 of 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 section 1 of this
order.
Sec. 4. The prohibitions in section 1 of this order include
but are not limited to:
(a) 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
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 5. (a) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of, 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. 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; 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. 7. 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 person of measures to be
taken pursuant to this order would render those 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.
Sec. 8. 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.
Sec. 9. The Secretary of the Treasury, in 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
IEEPA (50 U.S.C. 1703(c)).
Sec. 10. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
Barack Obama.
The White House, March 6, 2014.