[House Document 116-73]
[From the U.S. Government Publishing Office]
116th Congress, 1st Session - - - - - - - - - - House Document 116-73
BLOCKING PROPERTY AND SUSPENDING ENTRY OF CERTAIN PERSONS CONTRIBUTING
TO THE SITUATION IN SYRIA
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER BLOCKING PROPERTY AND SUSPENDING ENTRY OF CERTAIN
PERSONS CONTRIBUTING TO THE SITUATION IN SYRIA, PURSUANT TO 50 U.S.C.
1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 15, 2019.--Referred to the Committee on Foreign Affairs and
ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
99-011 WASHINGTON : 2019
The White House,
Washington, October 14, 2019.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam 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'')
declaring a national emergency due to the situation in and in
relation to Syria, and in particular the recent actions by the
Government of Turkey to conduct a military offensive into
northeast Syria. I have taken this action because recent
actions by the Government of Turkey undermine the campaign to
defeat the Islamic State of Iraq and Syria, or ISIS, endangers
civilians, and further threatens to undermine the peace,
security, and stability in the region, and thereby constitute
an unusual and extraordinary threat to the national security
and foreign policy of the United States. I have also announced
that steel tariffs will be increased back up to 50 percent, the
level prior to reduction in May.
To deal with this threat, the order, consistent with law,
blocks all property and interests in property, within the
jurisdiction of the United States, of certain persons
determined to be responsible for or complicit in actions or
policies that contribute to this threat.
The order also authorizes the Secretary of State, in
consultation with the Secretary of the Treasury and other
officials of the United States government as appropriate, to
impose sanctions upon persons determined to be responsible for
or complicit in, have directly or indirectly engaged in, or
attempted to engage in, or financed, various actions that
contribute to this unusual and extraordinary threat. These
actions include the obstruction, disruption, or prevention of a
ceasefire in northern Syria and of efforts to promote a
political solution to the conflict in Syria. Sanctions may
affect various financial transactions, including government
procurement contracts, foreign exchange transactions,
investments, and importation of goods, technology, or services,
as well as impose the denial of a visa and exclusion from the
United States of the sanctioned person.
To deal with this threat, and because the unrestricted
immigrant and nonimmigrant entry into the United States of
aliens subject to sanctions would be detrimental to the
interests of the United States, the order also suspends the
entry of such persons into the United States.
The order authorizes the Secretary of the Treasury, 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 me by IEEPA as may be necessary to
carry out the purposes of this order.
I am enclosing a copy of the order, as well as the press
statement I issued earlier today.
Sincerely,
Donald J. Trump.
Executive Order
----------
Blocking Property and Suspending Entry of Certain Persons Contributing
to the Situation in Syria
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, DONALD J. TRUMP, President of the United States of
America, find that the situation in and in relation to Syria,
and in particular the recent actions by the Government of
Turkey to conduct a military offensive into northeast Syria,
undermines the campaign to defeat the Islamic State of Iraq and
Syria, or ISIS, endangers civilians, and further threatens to
undermine the peace, security, and stability in the region, and
thereby constitutes an unusual and extraordinary threat to the
national security and foreign policy of the United States. 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) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of State:
(A) to be responsible for or complicit in, or to have
directly or indirectly engaged in, or attempted to
engage in, any of the following in or in relation to
Syria:
(1) actions or policies that further threaten
the peace, security, stability, or territorial
integrity of Syria; or
(2) the commission of serious human rights
abuse;
(B) to be a current or former official of the
Government of Turkey;
(C) to be any subdivision, agency, or instrumentality
of the Government of Turkey;
(D) to operate in such sectors of the Turkish economy
as may be determined by the Secretary of the Treasury,
in consultation with the Secretary of State;
(E) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
person whose property and interests in property are
blocked pursuant to this order; or
(F) 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 before the date
of this order.
Sec. 2. (a) The Secretary of State, in consultation with
the Secretary of the Treasury and other officials of the U.S.
Government as appropriate, is hereby authorized to impose on a
foreign person any of the sanctions described in subsections
(b) and (c) of this section, upon determining that the person,
on or after the date of this order:
(i) is responsible for or complicit in, has directly or
indirectly engaged in, or attempted to engage in, or financed,
any of the following:
(A) the obstruction, disruption, or prevention of a
ceasefire in northern Syria;
(B) the intimidation or prevention of displaced
persons from voluntarily returning to their places of
residence in Syria;
(C) the forcible repatriation of persons or refugees
to Syria; or
(D) the obstruction, disruption, or prevention of
efforts to promote a political solution to the conflict
in Syria, including:
(1) the convening and conduct of a credible
and inclusive Syrian-led constitutional process
under the auspices of the United Nations (UN);
(2) the preparation for and conduct of UN-
supervised elections, pursuant to the new
constitution, that are free and fair and to the
highest international standards of transparency
and accountability; or
(3) the development of a new Syrian
government that is representative and reflects
the will of the Syrian people;
(ii) is an adult family member of a person designated under
subsection (a)(i) of this section; or
(iii) is responsible for or complicit in, or has directly
or indirectly engaged in, or attempted to engage in, the
expropriation of property, including real property, for
personal gain or political purposes in Syria.
(b) When the Secretary of State, in accordance with the
terms of subsection (a) of this section, has determined that a
person meets any of the criteria described in that subsection
and has selected one or more of the sanctions set forth below
to impose on that person, the heads of relevant departments and
agencies, in consultation with the Secretary of State, as
appropriate, shall ensure that the following actions are taken
where necessary to implement the sanctions selected by the
Secretary of State:
(i) agencies shall not procure, or enter into a contract
for the procurement of, any goods or services from the
sanctioned person; or
(ii) the Secretary of State shall direct the denial of a
visa to, and the Secretary of Homeland Security shall exclude
from the United States, any alien that the Secretary of State
determines is a corporate officer or principal of, or a
shareholder with a controlling interest in, a sanctioned
person.
(c) When the Secretary of State, in accordance with the
terms of subsection (a) of this section, has determined that a
person meets any of the criteria described in that subsection
and has selected one or more of the sanctions set forth below
to impose on that person, the Secretary of the Treasury, in
consultation with the Secretary of State, shall take the
following actions where necessary to implement the sanctions
selected by the Secretary of State:
(i) prohibit any United States financial institution that
is a U.S. person from making loans or providing credits to the
sanctioned person totaling more than $10,000,000 in any 12-
month period, unless such person is engaged in activities to
relieve human suffering and the loans or credits are provided
for such activities;
(ii) prohibit any transactions in foreign exchange that are
subject to the jurisdiction of the United States and in which
the sanctioned person has any interest;
(iii) prohibit any transfers of credit or payments between
banking institutions or by, through, or to any banking
institution, to the extent that such transfers or payments are
subject to the jurisdiction of the United States and involve
any interest of the sanctioned person;
(iv) block 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 sanctioned person,
and provide that such property and interests in property may
not be transferred, paid, exported, withdrawn, or otherwise
dealt in;
(v) prohibit any United States person from investing in or
purchasing significant amounts of equity or debt instruments of
the sanctioned person;
(vi) restrict or prohibit imports of goods, technology, or
services, directly or indirectly, into the United States from
the sanctioned person; or
(vii) impose on the principal executive officer or
officers, or persons performing similar functions and with
similar authorities, of the sanctioned person the sanctions
described in subsections (c)(i)-(c)(vi) of this section, as
selected by the Secretary of State.
(d) The prohibitions in subsections (b) and (c) 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 date
of this order.
Sec. 3. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to impose on
a foreign financial institution the sanctions described in
subsection (b) of this section upon determining that the
foreign financial institution knowingly conducted or
facilitated any significant financial transaction for or on
behalf of any person whose property and interests in property
are blocked pursuant to section 1 of this order.
(b) With respect to any foreign financial institution
determined by the Secretary of the Treasury, in accordance with
this section, to meet the criteria set forth in subsection (a)
of this section, the Secretary of the Treasury may prohibit the
opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or
a payable-through account by such foreign financial
institution.
(c) The prohibitions in subsection (b) 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 date
of this order.
Sec. 4. 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) or 2(a) of this order, or
aliens for which the sanctions under subsection 2(b)(ii) have
been selected, 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,
except where the Secretary of State determines that the entry
of the person into the United States would not be contrary to
the interests of the United States, including when the
Secretary so determines, based on a recommendation of the
Attorney General, that the person's entry would further
important United States law enforcement objectives. In
exercising this responsibility, the Secretary of State shall
consult the Secretary of Homeland Security on matters related
to admissibility or inadmissibility within the authority of the
Secretary of Homeland Security. Such persons shall be treated
in the same manner 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). The
Secretary of State shall have the responsibility for
implementing this section pursuant to such conditions and
procedures as the Secretary has established or may establish
pursuant to Proclamation 8693.
Sec. 5. 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 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. 6. The prohibitions in sections 1 and 2 of this order
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. 7. (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. 8. For the purposes of this order:
(a) The term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(b) the term ``foreign financial institution'' means any
foreign entity that is engaged in the business of accepting
deposits, making, granting, transferring, holding, or brokering
loans or credits, or purchasing or selling foreign exchange,
securities, commodity futures or options, or procuring
purchasers and sellers thereof, as principal or agent. The term
includes depository institutions, banks, savings banks, money
service businesses, trust companies, securities brokers and
dealers, commodity futures and options brokers and dealers,
forward contract and foreign exchange merchants, securities and
commodities exchanges, clearing corporations, investment
companies, employee benefit plans, dealers in precious metals,
stones, or jewels, and holding companies, affiliates, or
subsidiaries of any of the foregoing. The term does not include
the international financial institutions identified in 22
U.S.C. 262r(c)(2), the International Fund for Agricultural
Development, the North American Development Bank, or any other
international financial institution so notified by the
Secretary of the Treasury;
(c) the term ``knowingly,'' with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the
circumstance, or the result;
(d) the term ``person'' means an individual or entity;
(e) the term ``United States person'' or ``U.S. 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; and
(f) the term ``Government of Turkey'' means the Government
of Turkey, any political subdivision, agency, or
instrumentality thereof, or any person owned or controlled by
or acting for or on behalf of the Government of Turkey.
Sec. 9. 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. 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, consistent with applicable law,
redelegate any of these functions within the Department of the
Treasury. All departments and agencies of the United States
shall take all appropriate measures within their authority to
implement this order.
Sec. 11. 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. 12. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive department
or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary, administrative, or
legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) 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, October 14, 2019.
Statement From President Donald J. Trump Regarding Turkey's Actions in
Northeast Syria
[October 14, 2019]
I will soon be issuing an Executive Order authorizing the
imposition of sanctions against current and former officials of
the Government of Turkey and any persons contributing to
Turkey's destabilizing actions in northeast Syria. Likewise,
the steel tariffs will be increased back up to 50 percent, the
level prior to reduction in May. The United States will also
immediately stop negotiations, being led by the Department of
Commerce, with respect to a $100 billion trade deal with
Turkey.
This Order will enable the United States to impose powerful
additional sanctions on those who may be involved in serious
human rights abuses, obstructing a ceasefire, preventing
displaced persons from returning home, forcibly repatriating
refugees, or threatening the peace, security, or stability in
Syria. The Order will authorize a broad range of consequences,
including financial sanctions, the blocking of property, and
barring entry into the United States.
Since my first day in office, the Trump Administration has
worked tirelessly to preserve the safety and security of the
United States and its citizens. The United States and our
partners have liberated 100 percent of ISIS's ruthless
territorial caliphate. Turkey must not put these gains in
jeopardy. Turkey must also prioritize the protection of
civilians, particularly vulnerable ethnic and religious
minorities in northeast Syria. Indiscriminate targeting of
civilians, destruction of civilian infrastructure, and
targeting of ethnic or religious minorities is unacceptable.
Additionally, the return of refugees must be conducted in a
safe, voluntary, and dignified manner.
Turkey's military offensive is endangering civilians, and
threatening peace, security, and stability in the region. I
have been perfectly clear with President Erdogan: Turkey's
action is precipitating a humanitarian crisis and setting
conditions for possible war crimes. Turkey must ensure the
safety of civilians, including religious and ethnic minorities,
and is now, or may be in the future, responsible for the
ongoing detention of ISIS terrorists in the region.
Unfortunately, Turkey does not appear to be mitigating the
humanitarian effects of its invasion.
As I have said, I am withdrawing the remaining United
States service members from northeast Syria. As United States
forces have defeated the ISIS physical caliphate, United States
troops coming out of Syria will now redeploy and remain in the
region to monitor the situation and prevent a repeat of 2014,
when the neglected threat of ISIS raged across Syria and Iraq.
A small footprint of United States forces will remain at At
Tanf Garrison in southern Syria to continue to disrupt remnants
of ISIS.
The United States will aggressively use economic sanctions
to target those who enable, facilitate, and finance these
heinous acts in Syria. I am fully prepared to swiftly destroy
Turkey's economy if Turkish leaders continue down this
dangerous and destructive path.
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