[House Document 117-92]
[From the U.S. Government Publishing Office]




117th Congress, 2d Session - - - - - - - - - - - - - House Document 117-92





 
     BLOCKING PROPERTY OF CERTAIN PERSONS AND PROHIBITING CERTAIN 
TRANSACTIONS WITH RESPECT TO CONTINUED RUSSIAN EFFORTS TO UNDERMINE THE 
            SOVEREIGNTY AND TERRITORIAL INTEGRITY OF UKRAINE

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

    A NOTIFICATION THAT EXPANDS THE SCOPE OF THE NATIONAL EMERGENCY 
 DECLARED THAT WAS DECLARED IN EXECUTIVE ORDER 13660 OF MARCH 6, 2014, 
    AS AMENDED, BY FINDING THAT THE RUSSIAN FEDERATION'S PURPORTED 
RECOGNITION OF THE SO-CALLED DONETSK PEOPLE'S REPUBLIC (DNR) OR LUHANSK 
 PEOPLE'S REPUBLIC (LNR) REGIONS OF UKRAINE CONSTITUTES AN UNUSUAL AND 
EXTRAORDINARY THREAT TO THE NATIONAL SECURITY AND FOREIGN POLICY OF THE 
 UNITED STATES, 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]


 February 22, 2022.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                         
                         
        		       __________
	

		     U.S. GOVERNMENT PUBLISHING OFFICE

29-011 			   WASHINGTON : 2022                                 
                         
                         
                         
                                           The White House,
                                     Washington, February 21, 2022.
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 (the ``order'') that 
expands the scope of the national emergency declared in 
Executive Order 13660 of March 6, 2014, and expanded by 
Executive Order 13661 of March 16, 2014, and Executive Order 
13662 of March 20, 2014, and relied on for additional steps 
taken in Executive Order 13685 of December 19, 2014, and 
Executive Order 13849 of September 20, 2018, by finding that 
the Russian Federation's purported recognition of the so-called 
Donetsk People's Republic (DNR) or Luhansk People's Republic 
(LNR) regions of Ukraine constitutes an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States.
    In order to deal with this threat, I am prohibiting new 
investment in the so-called DNR or LNR regions of Ukraine or 
such other regions of Ukraine as may be determined by the 
Secretary of the Treasury, in consultation with the Secretary 
of State (``Covered Regions''), by a United States person, 
wherever located; the importation into the United States, 
directly or indirectly, of any goods, services, or technology 
from the Covered Regions; the exportation, reexportation, sale, 
or supply, directly or indirectly, from the United States, or 
by a United States person, wherever located, of any goods, 
services, or technology to the Covered Regions; and any 
approval, financing, facilitation, or guarantee by a United 
States person, wherever located, of a transaction by a foreign 
person where the transaction by that foreign person would be 
prohibited by the order if performed by a United States person 
or within the United States.
    I am also creating the authority to impose sanctions on 
persons determined to operate or have operated since the date 
of the order in the Covered Regions; to be or have been since 
the date of the order a leader, official, senior executive 
officer, or member of the board of directors of an entity 
operating in the Covered Region; 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 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 the order.
    I am enclosing a copy of the order I have issued.
            Sincerely,
                                               Joseph R. Biden, Jr.

                            Executive Order

                              ----------                              


     Blocking Property of Certain Persons and Prohibiting Certain 
Transactions With Respect to Continued Russian Efforts To Undermine the 
            Sovereignty and Territorial Integrity of Ukraine

    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 13660 of March 6, 2014, and 
expanded by Executive Order 13661 of March 16, 2014, and 
Executive Order 13662 of March 20, 2014, and relied on for 
additional steps taken in Executive Order 13685 of December 19, 
2014, and Executive Order 13849 of September 20, 2018, finding 
that the Russian Federation's purported recognition of the so-
called Donetsk People's Republic (DNR) or Luhansk People's 
Republic (LNR) regions of Ukraine contradicts Russia's 
commitments under the Minsk agreements and further threatens 
the peace, stability, sovereignty, and territorial integrity of 
Ukraine, 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) The following are prohibited:
          (i) new investment in the so-called DNR or LNR 
        regions of Ukraine or such other regions of Ukraine as 
        may be determined by the Secretary of the Treasury, in 
        consultation with the Secretary of State (collectively, 
        the ``Covered Regions''), by a United States person, 
        wherever located;
          (ii) the importation into the United States, directly 
        or indirectly, of any goods, services, or technology 
        from the Covered Regions;
          (iii) the exportation, reexportation, sale, or 
        supply, directly or indirectly, from the United States, 
        or by a United States person, wherever located, of any 
        goods, services, or technology to the Covered Regions; 
        and
          (iv) any approval, financing, facilitation, or 
        guarantee by a United States person, wherever located, 
        of a transaction by a foreign person where the 
        transaction by that foreign person would be prohibited 
        by this section if performed by a United States person 
        or within the United States.
    (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 license or permit granted prior to the date of 
this order.
    Sec. 2. (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 (including any foreign 
branch) 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 operate or have operated since the date of 
        this order in the Covered Regions;
          (ii) to be or have been since the date of this order 
        a leader, official, senior executive officer, or member 
        of the board of directors of an entity operating in the 
        Covered Regions;
          (iii) 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
          (iv) 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.
    (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 prior to the date 
of this order.
    Sec. 3. The prohibitions in section 2 of this order include 
but are not limited to:
    (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. 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. 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. 6. (a) The unrestricted immigrant and nonimmigrant 
entry into the United States of noncitizens determined to meet 
one or more of the criteria in section 2 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 where 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. 7. 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 Executive Order 13660, 
expanded in Executive Orders 13661 and 13662, and further 
expanded by this order, and I hereby prohibit such donations as 
provided by section 2 of this order.
    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 ``person'' means an individual or entity;
    (c) 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;
    (d) the term ``noncitizen'' means any person who is not a 
citizen or noncitizen national of the United States; and
    (e) the term ``region of Ukraine'' includes the land 
territory in that region as well as any maritime area over 
which sovereignty, sovereign rights, or jurisdiction is claimed 
based on purported sovereignty over that land territory or 
area.
    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 
Executive Order 13660, expanded in Executive Orders 13661 and 
13662, and further expanded by this order, there need be no 
prior notice of a listing or determination made pursuant to 
section 2 of 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 executive departments and agencies of the United 
States shall take all appropriate measures within their 
authority to implement this order.
    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, February 21, 2022.

                                  [all]