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withdrawn, or otherwise dealt in: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
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