[House Document 115-173]
[From the U.S. Government Publishing Office]
115th Congress, 2d Session - - - - - - - - - - - - House Document 115-
173
NATIONAL EMERGENCY WITH RESPECT TO NICARAGUA
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
A NATIONAL EMERGENCY WITH RESPECT TO THE BLOCKING OF PROPERTY OF
CERTAIN PERSONS CONTRIBUTING TO THE SITUATION IN NICARAGUA, PURSUANT TO
50 U.S.C. 1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627); AND
50 U.S.C. 1601 ET SEQ.; AND 8 U.S.C. 1182(f); AND 3 U.S.C. 301
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 28, 2018.--Message and accompanying papers referred to the
Committees on Foreign Affairs and the Judiciary, and ordered to be
printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-011 WASHINGTON : 2018
To the Congress of the United States:
Pursuant to 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.), 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 hereby report that I have issued
an Executive Order declaring a national emergency to deal with
the threat posed by the situation in Nicaragua, including the
violent response by the Government of Nicaragua to the protests
that began on April 18, 2018, and the Ortega regime's
systematic dismantling and undermining of democratic
institutions and the rule of law, its use of indiscriminate
violence and repressive tactics against civilians, as well as
its corruption leading to the destabilization of Nicaragua's
economy.
The Executive Order blocks all property and interests in
property within United States jurisdiction of 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 or attempted to engage in, any
of the following:
(A) serious human rights abuse in Nicaragua;
(B) actions or policies that undermine democratic
processes or institutions in Nicaragua;
(C) actions or policies that threaten the peace,
security, or stability of Nicaragua;
(D) any transaction or series of transactions
involving deceptive practices or corruption by, on
behalf of, or otherwise related to the Government of
Nicaragua or a current or former official of the
Government of Nicaragua, such as the misappropriation
of public assets or expropriation of private assets for
personal gain or political purposes, corruption related
to government contracts, or bribery;
(ii) to be a leader or official of an entity that has, or
whose members have, engaged in any activity described in
section (i) or of an entity whose property and interests in
property are blocked pursuant to the Executive Order;
(iii) to be an official of the Government of Nicaragua or
to have served as an official of the Government of Nicaragua at
any time on or after January 10, 2007;
(iv) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of:
(A) any activities described in section (i); or
(B) any person whose property and interests in
property are blocked pursuant to the Executive Order;
or
(v) 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 Executive Order.
I have delegated to the Secretary of the Treasury, in
consultation with the Secretary of State, the authority 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 the
Executive Order. All agencies of the United States Government
are directed to take all appropriate measures within their
authority to carry out the provisions of the Executive Order.
I am enclosing a copy of the Executive Order I have issued.
Donald J. Trump.
The White House, November 27, 2018.
Executive Order
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Blocking Property of Certain Persons Contributing to the Situation in
Nicaragua
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, DONALD J. TRUMP, President of the United States of
America, find that the situation in Nicaragua, including the
violent response by the Government of Nicaragua to the protests
that began on April 18, 2018, and the Ortega regime's
systematic dismantling and undermining of democratic
institutions and the rule of law, its use of indiscriminate
violence and repressive tactics against civilians, as well as
its corruption leading to the destabilization of Nicaragua's
economy, constitutes an unusual and extraordinary threat to the
national security and foreign policy 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: 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 or attempted to engage in, any
of the following:
(A) serious human rights abuse in Nicaragua;
(B) actions or policies that undermine democratic
processes or institutions in Nicaragua;
(C) actions or policies that threaten the peace,
security, or stability of Nicaragua;
(D) any transaction or series of transactions
involving deceptive practices or corruption by, on
behalf of, or otherwise related to the Government of
Nicaragua or a current or former official of the
Government of Nicaragua, such as the misappropriation
of public assets or expropriation of private assets for
personal gain or political purposes, corruption related
to government contracts, or bribery;
(ii) to be a leader or official of an entity that has, or
whose members have, engaged in any activity described in
subsection (a)(i) of this section or of an entity whose
property and interests in property are blocked pursuant to this
order;
(iii) to be an official of the Government of Nicaragua or
to have served as an official of the Government of Nicaragua at
any time on or after January 10, 2007;
(iv) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of:
(A) any activities described in subsection (a)(i) of
this section; or
(B) any person whose property and interests in
property are blocked pursuant to this order; or
(v) 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 prior to the 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, except where the Secretary of State
determines that the person's entry is in the national interest
of the United States. 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 type 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 of 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 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. 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;
(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; and
(d) the term ``Government of Nicaragua'' means the
Government of Nicaragua, any political subdivision, agency, or
instrumentality thereof, including the Central Bank of
Nicaragua, and any person owned or controlled by, or acting for
or on behalf of, the Government of Nicaragua.
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 section 1 of this order.
Sec. 8. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to take such
actions, including promulgating rules and regulations, and to
employ all powers granted to the President by IEEPA as may be
necessary to implement this order. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions within the Department of the Treasury. All
agencies of the United States Government shall take all
appropriate measures within their authority to carry out the
provisions of this order.
Sec. 9. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to submit the
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. 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.
Donald J. Trump.
The White House, November 27, 2018.
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