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), the Global
Magnitsky Human Rights Accountability Act (Public Law 114-328) (the
“Act”), section 212(f) of the Immigration and Nationality Act of 1952 (8
U.S.C. 1182(f)) (INA), and section 301 of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of America, find
that the prevalence and severity of human rights abuse and corruption
that have their source, in whole or in substantial part, outside the
United States, such as those committed or directed by persons listed in
the Annex to this order, have reached such scope and gravity that they
threaten the stability of international political and economic systems.
Human rights abuse and corruption undermine the values that form an
essential foundation of stable, secure, and functioning societies; have
devastating impacts on individuals; weaken democratic institutions;
degrade the rule of law; perpetuate violent conflicts; facilitate the
activities of dangerous persons; and undermine economic markets. The
United States seeks to impose tangible and significant consequences on
those who commit serious human rights abuse or engage in corruption, as
well as to protect the financial system of the United States from abuse
by these same persons.
I therefore determine that serious human rights abuse and corruption
around the world constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States, and
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transferred, paid, exported, withdrawn, or otherwise dealt in: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) the persons listed in the Annex to this order;
(ii) any foreign person determined by the
Secretary of the Treasury, in consultation with the Secretary of State
and the Attorney General:
(A) to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse;
(B) to be a current or former government
official, or a person acting for or on behalf of such an official, who
is responsible for or complicit in, or has directly or indirectly
engaged in:
(1) corruption, including the
misappropriation of state assets, the expropriation of private assets
for personal gain, corruption related to government contracts or the
extraction of natural resources, or bribery; or
(2) the transfer or the facilitation of the transfer of the proceeds of corruption;
(C) to be or have been a leader or official of:
(1) an entity, including any government
entity, that has engaged in, or whose members have engaged in, any of
the activities described in subsections (ii)(A), (ii)(B)(1), or
(ii)(B)(2) of this section relating to the leader’s or official’s
tenure; or
(2) an entity whose property and
interests in property are blocked pursuant to this order as a result of
activities related to the leader’s or official’s tenure; or
(D) to have attempted to engage in any of
the activities described in subsections (ii)(A), (ii)(B)(1), or
(ii)(B)(2) of this section; and
(iii) any person determined by the
Secretary of the Treasury, in consultation with the Secretary of State
and the Attorney General:
(A) to have materially assisted,
sponsored, or provided financial, material, or technological support
for, or goods or services to or in support of:
(1) any activity described in subsections
(ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section that is conducted by
a foreign person;
(2) any person whose property and interests in property are blocked pursuant to this order; or
(3) any entity, including any government
entity, that has engaged in, or whose members have engaged in, any of
the activities described in subsections (ii)(A), (ii)(B)(1), or
(ii)(B)(2) of this section, where the activity is conducted by a foreign
person;
(B) 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
(C) to have attempted to engage in any of the activities described in subsections (iii)(A) or (B) of this section.
(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 effective date of this order.
Sec. 2. The unrestricted immigrant and nonimmigrant entry into the
United States of aliens 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. Such persons shall be
treated 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. 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 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. 4. The prohibitions in section 1 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. 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 “person” means an individual or entity;
(b) the term “entity” means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization; and
(c) the term “United States 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.
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 this order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
adopting rules and regulations, and to employ all powers granted to me
by IEEPA and the Act as may be necessary to implement this order and
section 1263(a) of the Act with respect to the determinations provided
for therein. The Secretary of the Treasury may, consistent with
applicable law, redelegate any of these functions to other officers and
agencies of the United States. All agencies shall take all appropriate
measures within their authority to implement this order.
Sec. 9. The Secretary of State is hereby authorized to take such
actions, including adopting rules and regulations, and to employ all
powers granted to me by IEEPA, the INA, and the Act as may be necessary
to carry out section 2 of this order and, in consultation with the
Secretary of the Treasury, the reporting requirement in section 1264(a)
of the Act with respect to the reports provided for in section
1264(b)(2) of that Act. The Secretary of State may, consistent with
applicable law, redelegate any of these functions to other officers and
agencies of the United States consistent with applicable law.
Sec. 10. The Secretary of the Treasury, in consultation with the
Secretary of State and the Attorney General, is hereby authorized to
determine that circumstances no longer warrant the blocking of the
property and interests in property of a person listed in the Annex to
this order, and to take necessary action to give effect to that
determination.
Sec. 11. 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. 1641(c)) and
section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 12. This order is effective at 12:01 a.m., Eastern Standard Time, December 21, 2017.
Sec. 13. 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,
December 20, 2017.
https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20171221.aspx
Source:
https://www.whitehouse.gov/presidential-actions/executive-order-blocking-property-persons-involved-serious-human-rights-abuse-corruption/
store on Hennepin Avenue.
