[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Presidential Documents]
[Pages 52389-52393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20508]
Presidential Documents
Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 /
Presidential Documents
[[Page 52389]]
Executive Order 14046 of September 17, 2021
Imposing Sanctions on Certain Persons With
Respect to the Humanitarian and Human Rights Crisis in
Ethiopia
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), sections 212(f) and 215(a) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f) and
1185(a)), and section 301 of title 3, United States
Code,
I, JOSEPH R. BIDEN JR., President of the United States
of America, find that the situation in and in relation
to northern Ethiopia, which has been marked by
activities that threaten the peace, security, and
stability of Ethiopia and the greater Horn of Africa
region--in particular, widespread violence, atrocities,
and serious human rights abuse, including those
involving ethnic-based violence, rape and other forms
of gender-based violence, and obstruction of
humanitarian operations--constitutes an unusual and
extraordinary threat to the national security and
foreign policy of the United States. I hereby declare a
national emergency to deal with that threat.
The widespread humanitarian crisis precipitated by the
violent conflict in northern Ethiopia has left millions
of people in need of humanitarian assistance and has
placed an entire region on the brink of famine. While
maintaining pressure on those persons responsible for
the crisis, the United States will seek to ensure that
appropriate personal remittances to non-blocked persons
and humanitarian assistance to at-risk populations can
flow to Ethiopia and the greater Horn of Africa region
through legitimate and transparent channels, including
governments, international organizations, and non-
profit organizations. The United States supports
ongoing international efforts to promote a negotiated
ceasefire and political resolution of this crisis, to
ensure the withdrawal of Eritrean forces from Ethiopia,
and to promote the unity, territorial integrity, and
stability of Ethiopia.
Accordingly, I hereby order:
Section 1. The Secretary of the Treasury is authorized
to impose any of the sanctions described in section
2(a) of this order on any foreign person determined by
the Secretary of the Treasury, in consultation with the
Secretary of State:
(a) to be responsible for or complicit in, or to
have directly or indirectly engaged or attempted to
engage in, any of the following:
(i) actions or policies that threaten the peace, security, or stability of
Ethiopia, or that have the purpose or effect of expanding or extending the
crisis in northern Ethiopia or obstructing a ceasefire or a peace process;
(ii) corruption or serious human rights abuse in or with respect to
northern Ethiopia;
(iii) the obstruction of the delivery or distribution of, or access to,
humanitarian assistance in or with respect to northern Ethiopia, including
attacks on humanitarian aid personnel or humanitarian projects;
(iv) the targeting of civilians through the commission of acts of violence
in or with respect to northern Ethiopia, including involving abduction,
forced displacement, or attacks on schools, hospitals, religious sites, or
locations where civilians are seeking refuge, or any conduct that would
constitute a violation of international humanitarian law;
[[Page 52390]]
(v) planning, directing, or committing attacks in or with respect to
northern Ethiopia against United Nations or associated personnel or African
Union or associated personnel;
(vi) actions or policies that undermine democratic processes or
institutions in Ethiopia; or
(vii) actions or policies that undermine the territorial integrity of
Ethiopia;
(b) to be a military or security force that
operates or has operated in northern Ethiopia on or
after November 1, 2020;
(c) to be an entity, including any government
entity or a political party, that has engaged in, or
whose members have engaged in, activities that have
contributed to the crisis in northern Ethiopia or have
obstructed a ceasefire or peace process to resolve such
crisis;
(d) to be a political subdivision, agency, or
instrumentality of the Government of Ethiopia, the
Government of Eritrea or its ruling People's Front for
Democracy and Justice, the Tigray People's Liberation
Front, the Amhara regional government, or the Amhara
regional or irregular forces;
(e) to be a spouse or adult child of any sanctioned
person;
(f) to be or have been a leader, official, senior
executive officer, or member of the board of directors
of any of the following, where the leader, official,
senior executive officer, or director is responsible
for or complicit in, or who has directly or indirectly
engaged or attempted to engage in, any activity
contributing to the crisis in northern Ethiopia:
(i) an entity, including a government entity or a military or security
force, operating in northern Ethiopia during the tenure of the leader,
official, senior executive officer, or director;
(ii) an entity that has, or whose members have, engaged in any activity
contributing to the crisis in northern Ethiopia or obstructing a ceasefire
or a peace process to resolve such crisis during the tenure of the leader,
official, senior executive officer, or director; or
(iii) the Government of Ethiopia, the Government of Eritrea or its ruling
People's Front for Democracy and Justice, the Tigray People's Liberation
Front, the Amhara regional government, or the Amhara regional or irregular
forces, on or after November 1, 2020;
(g) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
sanctioned person; or
(h) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any sanctioned person.
Sec. 2. (a) When the Secretary of the Treasury, in
consultation with the Secretary of State, has
determined that a foreign person meets any of the
criteria described in section 1(a)-(h) of this order,
the Secretary of the Treasury is authorized to select,
in consultation with the Secretary of State, one or
more of the sanctions set forth in subsections
(a)(i)(A)-(E) or (a)(ii)(A)-(B) of this section to
impose on that foreign person:
(i) the Secretary of the Treasury shall take the following actions as
necessary to implement the selected sanctions:
(A) block all property and interests in property of the sanctioned person
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, and provide that such property and interests in
property may not be transferred, paid, exported, withdrawn, or otherwise
dealt in;
(B) prohibit any United States person from investing in or purchasing
significant amounts of equity or debt instruments of the sanctioned person;
(C) prohibit any United States financial institution from making loans or
providing credit to the sanctioned person;
[[Page 52391]]
(D) prohibit any transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned person has
any interest; or
(E) impose on the leader, official, senior executive officer, or director
of the sanctioned person, or on persons performing similar functions and
with similar authorities as such leader, official, senior executive
officer, or director, any of the sanctions described in subsections
(a)(i)(A)-(D) of this section that are applicable.
(ii) the heads of the relevant executive departments and agencies, in
consultation with the Secretary of the Treasury, shall take the following
actions as necessary and appropriate to implement the sanctions selected by
the Secretary of the Treasury:
(A) actions required to deny any specific license, grant, or any other
specific permission or authority under any statute or regulation that
requires the prior review and approval of the United States Government as a
condition for the export or reexport of goods or technology to the
sanctioned person; or
(B) actions required to deny a visa to and exclude from the United States
any noncitizen whom the Secretary of the Treasury, in consultation with the
Secretary of State, determines is a leader, official, senior executive
officer, or director, or a shareholder with a controlling interest in, the
sanctioned person.
(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 date of this
order. No entity shall be blocked pursuant to this
order solely because it is owned in whole or in part,
directly or indirectly, by one or more sanctioned
persons, unless the entity is itself a sanctioned
person and the sanctions in section 2(a)(i)(A) of this
order are imposed on the entity.
Sec. 3. The prohibitions in section 2(a) 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. 4. (a) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens determined
to meet one or more of the criteria in section l of
this order, and for whom the sanctions described in
section 2(a)(i)(A) or section 2(a)(ii)(B) of this order
have been selected, 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 when 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
order 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
[[Page 52392]]
(Suspension of Entry of Aliens Subject to United
Nations Security Council Travel Bans and International
Emergency Economic Powers Act Sanctions).
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. 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 2 of this order.
Sec. 7. 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 ``Government of Ethiopia'' means the
Government of Ethiopia, any political subdivision,
agency, or instrumentality thereof, including the
National Bank of Ethiopia, and any person owned,
controlled, or directed by, or acting for or on behalf
of, the Government of Ethiopia;
(c) the term ``Government of Eritrea'' means the
Government of Eritrea, any political subdivision,
agency, or instrumentality thereof, including the Bank
of Eritrea, and any person owned, controlled, or
directed by, or acting for or on behalf of, the
Government of Eritrea;
(d) the term ``noncitizen'' means any person who is
not a citizen or noncitizen national of the United
States;
(e) the term ``person'' means an individual or
entity;
(f) the term ``sanctioned person'' means a foreign
person that the Secretary of the Treasury, in
consultation with the Secretary of State, has
determined meets any of the criteria described in
section 1 of this order and has selected, in
consultation with the Secretary of State, one or more
of the sanctions set forth in section 2(a) of this
order to impose on that foreign person; and
(g) 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.
Sec. 8. For those persons whose property and interests
in property are blocked or affected by this order who
might have a constitutional presence in the United
States, I find that because of the ability to transfer
funds and 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. 9. The Secretary of the Treasury, in consultation
with the Secretary of State, is 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. 10. Nothing in this order shall prohibit
transactions for the conduct of the official business
of the Federal Government by employees, grantees, and
contractors thereof.
Sec. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is authorized to submit
recurring and final reports to the Congress
[[Page 52393]]
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. (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.
(Presidential Sig.)
THE WHITE HOUSE,
September 17, 2021.
[FR Doc. 2021-20508
Filed 9-20-21; 8:45 am]
Billing code 3295-F1-P