[House Document 117-29]
[From the U.S. Government Publishing Office]
117th Congress, 1st Session - - - - - - - - - - - - - House Document 117-29
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE RUSSIAN
FEDERATION
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER BLOCKING PROPERTY WITH RESPECT TO SPECIFIED HARMFUL
FOREIGN ACTIVITIES OF THE GOVERNMENT OF THE RUSSIAN FEDERATION,
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]
April 15, 2021.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
19-011 WASHINGTON : 2021
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 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 specified harmful foreign activities of the Government
of the Russian Federation.
I have determined that specified harmful foreign activities
of the Government of the Russian Federation--in particular,
efforts to undermine the conduct of free and fair democratic
elections and democratic institutions in the United States and
its allies and partners; to engage in and facilitate malicious
cyber-enabled activities against the United States and its
allies and partners; to foster and use transnational corruption
to influence foreign governments; to pursue extraterritorial
activities targeting dissidents or journalists; to undermine
security in countries and regions important to United States
national security; and to violate well-established principles
of international law, including respect for the territorial
integrity of states--constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States.
I am enclosing a copy of the Executive Order I have issued.
Joseph R. Biden, Jr.
The White House, April 15, 2021.
Executive Order
----------
Blocking Property with Respect to Specified Harmful Foreign Activities
of the Government of the Russian Federation
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, JOSEPH R. BIDEN JR., President of the United States of
America, find that specified harmful foreign activities of the
Government of the Russian Federation--in particular, efforts to
undermine the conduct of free and fair democratic elections and
democratic institutions in the United States and its allies and
partners; to engage in and facilitate malicious cyber-enabled
activities against the United States and its allies and
partners; to foster and use transnational corruption to
influence foreign governments; to pursue extraterritorial
activities targeting dissidents or journalists; to undermine
security in countries and regions important to United States
national security; and to violate well-established principles
of international law, including respect for the territorial
integrity of states--constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States. I hereby declare a national emergency to
deal with that threat.
Accordingly, 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 of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(a) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of State, and, with respect
to subsection (a) (ii) of this section, in consultation with
the Attorney General, or by the Secretary of State, in
consultation with the Secretary of the Treasury, and, with
respect to subsection (a) (ii) of this section, in consultation
with the Attorney General:
(i) to operate or have operated in the technology
sector or the defense and related materiel sector of
the Russian Federation economy, or any other sector of
the Russian Federation economy as may be determined by
the Secretary of the Treasury, in consultation with the
Secretary of State;
(ii) to be responsible for or complicit in, or to
have directly or indirectly engaged or attempted to
engage in, any of the following for or on behalf of, or
for the benefit of, directly or indirectly, the
Government of the Russian Federation:
(A) malicious cyber-enabled activities;
(B) interference in a United States or other
foreign government election;
(C) actions or policies that undermine
democratic processes or institutions in the
United States or abroad;
(D) transnational corruption;
(E) assassination, murder, or other unlawful
killing of, or infliction of other bodily harm
against, a United States person or a citizen or
national of a United States ally or partner;
(F) activities that undermine the peace,
security, political stability, or territorial
integrity of the United States, its allies, or
its partners; or
(G) deceptive or structured transactions or
dealings to circumvent any United States
sanctions, including through the use of digital
currencies or assets or the use of physical
assets;
(iii) to be or have been a leader, official, senior
executive officer, or member of the board of directors
of:
(A) the Government of the Russian Federation;
(B) an entity that has, or whose members
have, engaged in any activity described in
subsection (a) (ii) of this section; or
(C) an entity whose property and interests in
property are blocked pursuant to this order;
(iv) to be a political subdivision, agency, or
instrumentality of the Government of the Russian
Federation;
(v) to be a spouse or adult child of any person whose
property and interests in property are blocked pursuant
to subsection (a) (ii) or (iii) of this section;
(vi) 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 subsection (a)
(ii) of this section; or
(B) any person whose property and interests
in property are blocked pursuant to this order;
or
(vii) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, the Government of the Russian Federation or
any person whose property and interests in property are
blocked pursuant to this order.
(b) any person determined by the Secretary of the Treasury,
in consultation with the Secretary of State, to have materially
assisted, sponsored, or provided financial, material, or
technological support for, or goods or services to or in
support of, a government whose property and interests in
property are blocked pursuant to chapter V of title 31 of the
Code of Federal Regulations or another Executive Order, and to
be:
(i) a citizen or national of the Russian Federation;
(ii) an entity organized under the laws of the
Russian Federation or any jurisdiction within the
Russian Federation (including foreign branches); or
(iii) a person ordinarily resident in the Russian
Federation.
(c) any person determined by the Secretary of State, in
consultation with the Secretary of the Treasury, to be
responsible for or complicit in, or to have directly or
indirectly engaged in or attempted to engage in, cutting or
disrupting gas or energy supplies to Europe, the Caucasus, or
Asia, and to be:
(i) an individual who is a citizen or national of the
Russian Federation; or
(ii) an entity organized under the laws of the
Russian Federation or any jurisdiction within the
Russian Federation (including foreign branches).
(d) The prohibitions in subsections (a), (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. 2. The prohibitions in section 1 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. 3. (a) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens 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, except when the Secretary
of State or the Secretary of Homeland Security, as appropriate,
determines that the person's entry would not be contrary to the
interests of the United States, including when the Secretary of
State or the Secretary of Homeland Security, as appropriate, so
determines, based on a recommendation of the Attorney General,
that the person's entry would further important United States
law enforcement objectives.
(b) The Secretary of State shall implement this authority
as it applies to visas pursuant to such procedures as the
Secretary of State, in consultation with the Secretary of
Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this
order as it applies to the entry of noncitizens pursuant to
such procedures as the Secretary of Homeland Security, in
consultation with the Secretary of State, may establish.
(d) Such persons shall be treated by this section 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).
Sec. 4. (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. 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 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. For the purpses of this order:
(a) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(b) the term ``Government of the Russian Federation'' means
the Government of the Russian Federation, any political
subdivision, agency, or instrumentality thereof, including the
Central Bank of the Russian Federation, and any person owned,
controlled, or directed by, or acting for or on behalf of, the
Government of the Russian Federation;
(c) the term ``noncitizen'' means any person who is not a
citizen or noncitizen national of the United States;
(d) the term ``person'' means an individual or entity; and
(e) the term ``United States person'' means any United
States citizen, lawful permanent resident, 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 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, 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
carry out the provisions of this order.
Sec. 9. Nothing in this order shall prohibit transactions
for the conduct of the official business of the Federal
Government or the United Nations (including its specialized
agencies, programs, funds, and related organizations) by
employees, grantees, and contractors thereof.
Sec. 10. 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. 164l(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703 (c)).
Sec. 11. (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.
Joseph R. Biden, Jr.
The White House, April 15, 2021.