[House Document 115-83]
[From the U.S. Government Publishing Office]
115th Congress, 1st Session - - - - - - - - - - - - - House Document
115-83
NATIONAL EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT
TO THE NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMY OF THE UNITED
STATES
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION THAT AN EXECUTIVE ORDER WAS ISSUED DECLARING A NATIONAL
EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT TO THE
NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMY OF THE UNITED STATES
POSED BY SERIOUS HUMAN RIGHTS ABUSE OR CORRUPTION, PURSUANT TO 50
U.S.C. 1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627); AND
PUBLIC LAW 114-328
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 22, 2017.--Message and accompanying papers referred to the
Committees on Foreign Affairs and the Judiciary, and ordered to be
printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-011 WASHINGTON : 2017
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers
Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), I hereby
report that I have issued the enclosed Executive Order (the
``order'') declaring a national emergency with respect to the
unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States posed by
serious human rights abuse and corruption around the world. In
addition to taking action under IEEPA, the order implements the
Global Magnitsky Human Rights Accountability Act (Public Law
114-328) (the ``Act'') and delegates certain of its
authorities.
The order blocks the property and interests in property of
persons listed in the Annex to the order. It also blocks the
property and interests in property of any foreign person
determined by the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General:
(1) to be responsible for or complicit in, or to have
directly or indirectly engaged in, serious human rights
abuse;
(2) to be a current or former government official, or
a person acting for or on behalf of such an official,
who is responsible for or complicit in, or has directly
or indirectly engaged in:
(a) corruption, including the
misappropriation of state assets, the
expropriation of private assets for personal
gain, corruption related to government
contracts or the extraction of natural
resources, or bribery; or
(b) the transfer or the facilitation of the
transfer of the proceeds of corruption;
(3) to be or have been a leader or official of:
(a) an entity, including any government
entity, that has engaged in, or whose members
have engaged in, any of the activities
described in (1), (2)(a), or (2)(b) above
relating to the leader's or official's tenure;
or
(b) an entity whose property and interests in
property are blocked pursuant to the order as a
result of activities related to the leader's or
the official's tenure; or
(4) to have attempted to engage in any of the
activities described in (1), (2)(a), or (2)(b) above.
The order also blocks any person determined by the
Secretary of the Treasury, in consultation with the Secretary
of State and the Attorney General:
(5) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of:
(a) any activity described in (1), (2)(a), or
(2)(b) above that is conducted by a foreign
person;
(b) any person whose property and interests
in property are blocked pursuant to the order;
or
(c) any entity described in (3)(a) above
where the activity is conducted by a foreign
person;
(6) 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; or
(7) to have attempted to engage in any of the
activities described in (5) or (6) above.
In addition, the order suspends entry into the United
States of any alien listed in the Annex or determined to meet
one or more of the criteria above.
I have delegated to the Secretary of the Treasury the
authority, in consultation with the Secretary of State, to take
such actions, including adopting rules and regulations, and to
employ all powers granted to the President by IEEPA and the
Act, as may be necessary to implement the order and relevant
provisions of the Act. I have delegated to the Secretary of
State the authority to take such actions, including adopting
rules and regulations, and to employ all powers granted to the
President by IEEPA and the Act, as may be necessary to
implement the provisions of the order and the Act suspending
entry into the United States of certain aliens. All executive
departments and agencies are directed to take all appropriate
measures within their authority to implement the order.
Donald J. Trump.
The White House, December 20, 2017.
Executive Order
----------
Blocking the Property of Persons Involved in Serious Human Rights Abuse
or Corruption
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), the Global Magnitsky Human Rights
Accountability Act (Public Law 114-328) (the ``Act''), section
212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C.
1182(f)) (INA), and section 301 of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the prevalence and severity of human rights
abuse and corruption that have their source, in whole or in
substantial part, outside the United States, such as those
committed or directed by persons listed in the Annex to this
order, have reached such scope and gravity that they threaten
the stability of international political and economic systems.
Human rights abuse and corruption undermine the values that
form an essential foundation of stable, secure, and functioning
societies; have devastating impacts on individuals; weaken
democratic institutions; degrade the rule of law; perpetuate
violent conflicts; facilitate the activities of dangerous
persons; and undermine economic markets. The United States
seeks to impose tangible and significant consequences on those
who commit serious human rights abuse or engage in corruption,
as well as to protect the financial system of the United States
from abuse by these same persons.
I therefore determine that serious human rights abuse and
corruption around the world constitute an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States, and I hereby declare a
national emergency to deal with that threat.
I hereby determine and 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 of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary
of the Treasury, in consultation with the Secretary of
State and the Attorney General:
(A) to be responsible for or complicit in, or
to have directly or indirectly engaged in,
serious human rights abuse;
(B) to be a current or former government
official, or a person acting for or on behalf
of such an official, who is responsible for or
complicit in, or has directly or indirectly
engaged in:
(1) corruption, including the
misappropriation of state assets, the
expropriation of private assets for
personal gain, corruption related to
government contracts or the extraction
of natural resources, or bribery; or
(2) the transfer or the facilitation
of the transfer of the proceeds of
corruption;
(C) to be or have been a leader or official
of:
(1) an entity, including any
government entity, that has engaged in,
or whose members have engaged in, any
of the activities described in
subsections (ii)(A), (ii)(B)(1), or
(ii)(B)(2) of this section relating to
the leader's or official's tenure; or
(2) an entity whose property and
interests in property are blocked
pursuant to this order as a result of
activities related to the leader's or
official's tenure; or
(D) to have attempted to engage in any of the
activities described in subsections (ii)(A),
(ii)(B)(1), or (ii)(B)(2) of this section; and
(iii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State
and the Attorney General:
(A) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
to or in support of:
(1) any activity described in
subsections (ii)(A), (ii)(B)(1), or
(ii)(B)(2) of this section that is
conducted by a foreign person;
(2) any person whose property and
interests in property are blocked
pursuant to this order; or
(3) any entity, including any
government entity, that has engaged in,
or whose members have engaged in, any
of the activities described in
subsections (ii)(A), (ii)(B)(1), or
(ii)(B)(2) of this section, where the
activity is conducted by a foreign
person;
(B) 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; or
(C) to have attempted to engage in any of the
activities described in subsections (iii)(A) or
(B) of this section.
(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 before the
effective date of this order.
Sec. 2. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens determined to meet one or more
of the criteria in section 1 of this order would be detrimental
to the interests of the United States, and the entry of such
persons into the United States, as immigrants or nonimmigrants,
is hereby suspended. 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 types 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 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 include:
(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 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 this order.
Sec. 8. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including adopting rules and regulations, and to
employ all powers granted to me by IEEPA and the Act as may be
necessary to implement this order and section 1263(a) of the
Act with respect to the determinations provided for therein.
The Secretary of the Treasury may, consistent with applicable
law, redelegate any of these functions to other officers and
agencies of the United States. All agencies shall take all
appropriate measures within their authority to implement this
order.
Sec. 9. The Secretary of State is hereby authorized to take
such actions, including adopting rules and regulations, and to
employ all powers granted to me by IEEPA, the INA, and the Act
as may be necessary to carry out section 2 of this order and,
in consultation with the Secretary of the Treasury, the
reporting requirement in section 1264(a) of the Act with
respect to the reports provided for in section 1264(b)(2) of
that Act. The Secretary of State may, consistent with
applicable law, redelegate any of these functions to other
officers and agencies of the United States consistent with
applicable law.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General, 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. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to submit
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. 12. This order is effective at 12:01 a.m., Eastern
Standard Time, December 21, 2017.
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.
Donald J. Trump.
The White House, December 20, 2017.
ANNEX
1. Mukhtar Hamid Shah; Date of Birth (DOB) August 11, 1939;
alt. DOB November 8, 1939; nationality, Pakistan
2. Angel Rondon Rijo; DOB July 16, 1950; nationality,
Dominican Republic
3. Dan Gertler; DOB December 23, 1973; nationality, Israel;
alt. nationality, Democratic Republic of the Congo
4. Maung Maung Soe; DOB March 1964; nationality, Burma
5. Yahya Jammeh; DOB May 25, 1965; nationality, The Gambia
6. Sergey Kusiuk; DOB December 1, 1966; nationality,
Ukraine; alt. nationality, Russia
7. Benjamin Bol Mel; DOB January 3, 1978; alt. DOB December
24, 1978; nationality, South Sudan; alt. nationality, Sudan
8. Julio Antonio Juarez Ramirez; DOB December 1, 1980;
nationality, Guatemala
9. Goulnora Islamovna Karimova; DOB July 8, 1972;
nationality, Uzbekistan
10. Slobodan Tesic; DOB December 21, 1958; nationality,
Serbia
11. Artem Yuryevich Chayka; DOB September 25, 1975;
nationality, Russia
12. Gao Yan; DOB April 1963; nationality, China
13. Roberto Jose Rivas Reyes; DOB July 6, 1954;
nationality, Nicaragua
[all]