[House Document 112-11]
[From the U.S. Government Publishing Office]
112th Congress, 1st Session - - - - - - - - - - - - - House Document 112-11
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO LIBYA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE
PROPERTY OF CERTAIN PERSONS WITH RESPECT TO LIBYA, PURSUANT TO 50
U.S.C. 1703(b)
February 28, 2011.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
The White House,
Washington, February 25, 2011.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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'')
that takes steps with respect to the situation in Libya.
I have determined that the actions of Colonel Muammar
Qadhafi, his government, and close associates, including
extreme measures against the people of Libya, constitute an
unusual and extraordinary threat to the national security and
foreign policy of the United States. The order declares a
national emergency to deal with this threat.
The order blocks the property and interests in property of
persons listed in the Annex to the order, who I have determined
meet the first or second of the six criteria set forth below.
The order also provides criteria for designations of persons
determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
to be a senior official of the Government of
Libya;
to be a child of Colonel Muammar Qadhafi;
to be responsible for or complicit in, or
responsible for ordering, controlling, or otherwise directing,
or to have participated in, the commission of human rights
abuses related to political repression in Libya;
to have materially assisted, sponsored, or
provided financial, material, logistical, or technical support
for, or goods or services in support of the activities
described above or any person whose property and interests in
property are blocked pursuant to the order;
to be owned or controlled by, or to have acted or
purported to act for or on behalf of, any person whose property
and interests in property are blocked pursuant to the order; or
to be a spouse or dependent child of any person
whose property and interests in property are blocked pursuant
to the order.
In addition, the order blocks the property and interests in
property of the Government of Libya.
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 executive agencies of the United States Government
are directed to take all appropriate measures within their
authority to carry out the provisions of the order.
Additionally, the Secretary of State is suspending all
existing licenses and other approvals for the export of defense
articles and services to Libya.
The order, a copy of which is enclosed, became effective at
8:00 p.m. eastern standard time on February 25, 2011.
Sincerely,
Barack Obama.
Executive Order
----------
Blocking Property and Prohibiting Certain Transactions Related to Libya
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), and section 301 of title 3, United
States Code,
I, BARACK OBAMA, President of the United States of America,
find that Colonel Muammar Qadhafi, his government, and close
associates have taken extreme measures against the people of
Libya, including by using weapons of war, mercenaries, and
wanton violence against unarmed civilians. I further find that
there is a serious risk that Libyan state assets will be
misappropriated by Qadhafi, members of his government, members
of his family, or his close associates if those assets are not
protected. The foregoing circumstances, the prolonged attacks,
and the increased numbers of Libyans seeking refuge in other
countries from the attacks, have caused a deterioration in the
security of Libya and pose a serious risk to its stability,
thereby constituting 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. 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:
(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:
(i) to be a senior official of the Government of
Libya;
(ii) to be a child of Colonel Muammar Qadhafi;
(iii) to be responsible for or complicit in, or
responsible for ordering, controlling, or otherwise
directing, or to have participated in, the commission
of human rights abuses related to political repression
in Libya;
(iv) to have materially assisted, sponsored, or
provided financial, material, logistical, or technical
support for, or goods or services in support of the
activities described in subsection (b)(iii) of this
section or any person whose property and interests in
property are blocked pursuant to this order;
(v) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, any person whose
property and interests in property are blocked pursuant
to this order; or
(vi) to be a spouse or dependent child of any person
whose property and interests in property are blocked
pursuant to this order.
Sec. 2. 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 Government of Libya, its agencies,
instrumentalities, and controlled entities, and the Central
Bank of Libya, are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.
Sec. 3. 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 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. 4. 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 whose property and
interests in property are blocked pursuant to sections 1 and 2
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 sections 1 and 2 of this
order.
Sec. 5. The prohibitions in sections 1 and 2 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. 6. The prohibitions in sections 1 and 2 of this order
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. 7. (a) Any transaction by a United States person or
within the United States 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. 8. Nothing in this order shall prohibit transactions
for the conduct of the official business of the Federal
Government by employees, grantees, or contractors thereof.
Sec. 9. 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 or national, 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. 10. 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. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to determine
that circumstances no longer warrant the blocking of the
property and interests in property of a person listed in the
Annex to this order, and to take necessary action to give
effect to that determination.
Sec. 12. 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. 13. 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.
Sec. 14. This order is effective at 8 p.m. eastern standard
time on February 25, 2011.
Barack Obama.
The White House, February 25, 2011.
ANNEX
Individuals
1. Ayesha QADHAFI [Lieutenant General in the Libyan Army, born
circa 1976 or 1977]
2. Khamis QADHAFI [born 1980]
3. Muammar QADHAFI [Head of State of Libya, born 1942]
4. Mutassim QADHAFI [National Security Advisor and Lieutenant
Colonel in the Libyan Army, born circa 1975]
5. Saif Al-Islam QADHAFI [born June 5, 1972]