[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Presidential Documents]
[Pages 60839-60843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27925]
Presidential Documents
Federal Register / Vol. 82 , No. 246 / Tuesday, December 26, 2017 /
Presidential Documents
[[Page 60839]]
Executive Order 13818 of December 20, 2017
Blocking the Property of Persons Involved in
Serious Human Rights Abuse or Corruption
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:
[[Page 60840]]
(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:
[[Page 60841]]
(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.
[[Page 60842]]
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.
(Presidential Sig.)
THE WHITE HOUSE,
December 20, 2017.
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[GRAPHIC] [TIFF OMITTED] TD26DE17.000
[FR Doc. 2017-27925
Filed 12-22-17; 8:45 am]
Billing code 3295-F8-C