[House Document 117-55]
[From the U.S. Government Publishing Office]
117th Congress, 1st Session - - - - - - - - - - House Document 117-55
BLOCKING PROPERTY OF ADDITIONAL PERSONS CONTRIBUTING TO THE SITUATION
IN BELARUS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER EXPANDING THE SCOPE OF THE NATIONAL EMERGENCY
DECLARED IN EXECUTIVE ORDER 13405 OF JUNE 16, 2006, 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]
August 13, 2021.--Referred to the Committee on Foreign Affairs and
ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
19-011 WASHINGTON : 2021
The White House,
Washington, August 9, 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 to expand the scope of
the national emergency declared in Executive Order 13405 of
June 16, 2006 (Blocking Property of Certain Persons Undermining
Democratic Processes or Institutions in Belarus), finding that
the Belarusian regime's harmful activities and long-standing
abuses aimed at suppressing democracy and the exercise of human
rights and fundamental freedoms in Belarus--including illicit
and oppressive activities stemming from the August 9, 2020,
fraudulent Belarusian presidential election and its aftermath,
such as the elimination of political opposition and civil
society organizations and the regime's disruption and
endangering of international civil air travel--constitute an
unusual and extraordinary threat to the national security and
foreign policy of the United States. The order augments the
sanctions designation criteria for current threats to United
States national security and foreign policy interests posed by
the Belarusian regime. All executive departments and agencies
are directed to take all appropriate measures within their
authority to implement this 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 of Additional Persons Contributing to the Situation
in Belarus
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 13405 of June 16, 2006 (Blocking
Property of Certain Persons Undermining Democratic Processes or
Institutions in Belarus), finding that the Belarusian regime's
harmful activities and long-standing abuses aimed at
suppressing democracy and the exercise of human rights and
fundamental freedoms in Belarus--including illicit and
oppressive activities stemming from the August 9, 2020,
fraudulent Belarusian presidential election and its aftermath,
such as the elimination of political opposition and civil
society organizations and the regime's disruption and
endangering of international civil air travel--constitute 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 or have been a leader, official, senior
executive officer, or member of the board of directors
of:
(A) an entity that has, or whose members
have, engaged in any of the activities
described in subsections (v)(A)-(E) of this
section or section 1(a)(ii)(A)-(C) of Executive
Order 13405; or (B) an entity whose property
and interests in property are blocked pursuant
to this order or Executive Order 13405;
(ii) to be a political subdivision, agency, or
instrumentality of the Government of Belarus;
(iii) to be or have been a leader or official of the
Government of Belarus;
(iv) to operate or have operated in the defense and
related materiel sector, security sector, energy
sector, potassium chloride (potash) sector, tobacco
products sector, construction sector, or transportation
sector of the economy of Belarus, or any other sector
of the Belarus economy as may be determined by the
Secretary of the Treasury, in consultation with the
Secretary of State;
(v) to be responsible for or complicit in, or to have
directly or indirectly engaged or attempted to engage
in, any of the following:
(A) actions or policies that threaten the
peace, security, stability, or territorial
integrity of Belarus;
(B) actions or policies that prohibit, limit,
or penalize the exercise of human rights and
fundamental freedoms (including freedoms of
expression, peaceful assembly, association,
religion or belief, and movement) by
individuals in Belarus, or that limit access to
the Internet or print, online, or broadcast
media in Belarus;
(C) electoral fraud or other actions or
policies that undermined the electoral process
in a Republic of Belarus election;
(D) deceptive or structured transactions or
dealings to circumvent any United States
sanctions by or for or on behalf of, or for the
benefit of, directly or indirectly, the
Government of Belarus or any person whose
property and interests in property are blocked
pursuant to this order or Executive Order
13405; or
(E) public corruption related to Belarus.
(vi) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
activity described in subsections (v)(A)-(E) of this
section or 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 Belarus or 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 l(a) of this order would seriously impair my ability
to deal with the national emergency declared in Executive Order
13405 and 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 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 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 ``Government of Belarus'' means the Government
of Belarus, any political subdivision, agency, or
instrumentality thereof, including the National Bank of the
Republic of Belarus, and any person owned, controlled, or
directed by, or acting for or on behalf of, the Government of
Belarus;
(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
Executive Order 13405 and expanded 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 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, August 9, 2021.
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