[House Document 117-43]
[From the U.S. Government Publishing Office]
117th Congress, 1st Session--------------------HOUSE DOUCUMENT 117-43
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BLOCKING PROPERTY AND SUSPENDING ENTRY INTO THE UNITED STATES OF
CERTAIN PERSONS CONTRIBUTING TO THE DESTABILIZING SITUATION IN THE
WESTERN BALKANS
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
AN EXECUTIVE ORDER EXPANDING THE SCOPE OF THE NATIONAL EMERGENCY
DECLARED IN EXECUTIVE ORDER 13219 OF JUNE 26, 2001, AS AMENDED,
PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 95-223, SEC. 204(b); (91
STAT. 1627) AND 50 U.S.C. 1641(b); PUBLIC LAW 94-412, SEC. 401(b); (90
STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 11, 2021.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, June 8, 2021.
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.), I hereby report
that I have issued an Executive Order in order to expand the
scope of the national emergency declared in Executive Order
13219 of June 26, 2001 (Blocking Property of Persons Who
Threaten International Stabilization Efforts in the Western
Balkans), as amended by Executive Order 13304 of May 28, 2003
(Termination of Emergencies With Respect to Yugoslavia and
Modification of Executive Order 13219 of June 26, 2001),
finding that the situation in the territory of the former
Socialist Federal Republic of Yugoslavia and the Republic of
Albania (the Western Balkans), over the past two decades,
including the undermining of post-war agreements and
institutions following the breakup of the former Socialist
Federal Republic of Yugoslavia, as well as widespread
corruption within various governments and institutions in the
Western Balkans, stymies progress toward effective and
democratic governance and full integration into transatlantic
institutions, and thereby constitutes an unusual and
extraordinary threat to the national security and foreign
policy of the United States.
The order broadens the geographic scope of the existing
sanctions regime to include Albania and augments designation
criteria for current threats to United States national security
and foreign policy interests in the region, including
obstruction of democratic and judicial processes, corruption,
and organized crime.
Actions undermining post-war agreements and institutions
following the breakup of the former Socialist Federal Republic
of Yugoslavia, as well as widespread corruption within various
governments and institutions in the Western Balkans, stymies
progress toward effective and democratic governance and full
integration into transatlantic institutions, and thereby
constitutes an unusual and extraordinary threat to the national
security and foreign policy of the United States. I have
therefore determined that it is necessary to block the property
and interests in property of any persons who are determined by
the Secretary of the Treasury, in consultation with the
Secretary of State, to have undermined democratic processes or
institutions, undermined any regional security, peace,
cooperation, or mutual recognition agreement or framework or
accountability mechanism, engaged in serious human rights
abuse, or directly or indirectly engaged in corruption related
to the Western Balkans. All executive departments and agencies
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.
Sincerely,
Joseph R. Biden, Jr.
Executive Order
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Blocking Property and Suspending Entry Into the United States of
Certain Persons Contributing to the Destabilizing Situation in the
Western Balkans
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, hereby expand the scope of the national emergency
declared in Executive Order 13219 of June 26, 2001 (Blocking
Property of Persons Who Threaten International Stabilization
Efforts in the Western Balkans), as amended by Executive Order
13304 of May 28, 2003 (Termination of Emergencies With Respect
to Yugoslavia and Modification of Executive Order 13219 of June
26, 2001), finding that the situation in the territory of the
former Socialist Federal Republic of Yugoslavia and the
Republic of Albania (the Western Balkans), over the past two
decades, including the undermining of post-war agreements and
institutions following the breakup of the former Socialist
Federal Republic of Yugoslavia, as well as widespread
corruption within various governments and institutions in the
Western Balkans, stymies progress toward effective and
democratic governance and full integration into transatlantic
institutions, and thereby constitutes an unusual and
extraordinary threat to the national security and foreign
policy of the United States.
Accordingly, 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 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
directly or indirectly engaged in, actions or policies that
threaten the peace, security, stability, or territorial
integrity of any area or state in the Western Balkans;
(ii) to be responsible for or complicit in, or to have
directly or indirectly engaged in, actions or policies that
undermine democratic processes or institutions in the Western
Balkans;
(iii) to be responsible for or complicit in, or to have
directly or indirectly engaged in, a violation of, or an act
that has obstructed or threatened the implementation of, any
regional security, peace, cooperation, or mutual recognition
agreement or framework or accountability mechanism related to
the Western Balkans, including the Prespa Agreement of 2018;
the Ohrid Framework Agreement of 2001; United Nations Security
Council Resolution 1244; the Dayton Accords; or the Conclusions
of the Peace Implementation Conference Council held in London
in December 1995, including the decisions or conclusions of the
High Representative, the Peace Implementation Council, or its
Steering Board; or the International Criminal Tribunal for the
former Yugoslavia, or, with respect to the former Yugoslavia,
the International Residual Mechanism for Criminal Tribunals;
(iv) to be responsible for or complicit in, or to have
directly or indirectly engaged in, serious human rights abuse
in the Western Balkans;
(v) to be responsible for or complicit in, or to have
directly or indirectly engaged in, corruption related to the
Western Balkans, including corruption by, on behalf of, or
otherwise related to a government in the Western Balkans, or a
current or former government official at any level of
government in the Western Balkans, such as the misappropriation
of public assets, expropriation of private assets for personal
gain or political purposes, or bribery;
(vi) 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
(vii) 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. 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. 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(a) of this order would seriously impair my ability
to deal with the national emergency declared in Executive Order
13219, as amended by Executive Order 13304, and as expanded in
this order, and I hereby prohibit such donations as provided by
section 1 of this order.
Sec. 4. (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(a) 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 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 order 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. 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 ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(b) the term ``noncitizen'' means any person who is not a
citizen or noncitizen national of the United States;
(c) the term ``person'' means an individual or entity; and
(d) 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
Executive Order 13219, as amended by Executive Order 13304, and
as expanded by 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 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 executive departments and agencies of the United
States shall take all appropriate measures within their
authority to implement this order.
Sec. 9. 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. 10. (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, June 8, 2021.
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