Executive Order Blocking...
Executive Order Blocking the Property of Persons
Involved in Serious Human Rights Abuse or Corruption
Issued on: December
21, 2017
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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are blocked and may not be transferred, paid, exported, withdrawn, or otherwise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.
ANNEX
1. Mukhtar Hamid
Shah; Date of Birth (DOB) August 11, 1939; alt. DOB November 8, 1939;
nationality, Pakistan
2. Angel Rondon
Rijo; DOB July 16, 1950; nationality, Dominican Republic
3. Dan Gertler; DOB
December 23, 1973; nationality, Israel; alt. nationality, Democratic Republic
of the Congo
4. Maung Maung Soe;
DOB March 1964; nationality, Burma
5. Yahya Jammeh; DOB
May 25, 1965; nationality, The Gambia
6. Sergey Kusiuk;
DOB December 1, 1966; nationality, Ukraine; alt. nationality, Russia
7. Benjamin Bol Mel;
DOB January 3, 1978; alt. DOB December 24, 1978; nationality, South Sudan; alt.
nationality, Sudan
8. Julio Antonio
Juárez Ramírez; DOB December 1, 1980; nationality, Guatemala
9. Goulnora
Islamovna Karimova; DOB July 8, 1972; nationality, Uzbekistan
10. Slobodan Tesic;
DOB December 21, 1958; nationality, Serbia
11. Artem Yuryevich
Chayka; DOB September 25, 1975; nationality, Russia
12. Gao Yan; DOB
April 1963; nationality, China
13. Roberto Jose
Rivas Reyes; DOB July 6, 1954; nationality, Nicaragua