[House Document 113-102]
[From the U.S. Government Publishing Office]
113th Congress, 2d Session - - - - - - - - - - - - - House Document 113-102
EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY WITH RESPECT TO THE
SITUATION IN AND IN RELATION TO SOUTH SUDAN
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY WITH RESPECT TO THE
SITUATION IN AND IN RELATION TO SOUTH SUDAN
April 4, 2014.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have
issued an Executive Order (the ``order'') declaring a national
emergency with respect to the unusual and extraordinary threat
to the national security and foreign policy of the United
States posed by the situation in and in relation to South
Sudan.
The order does not target the country of South Sudan, but
rather is aimed at persons who threaten the peace, stability,
or security of South Sudan; commit human rights abuses against
persons in South Sudan; or undermine democratic processes or
institutions in South Sudan. The order provides authority for
blocking the property and interests in property of any person
determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
to be responsible for or complicit in, or to
have engaged in, directly or indirectly, any of the
following in or in relation to South Sudan:
actions or policies that
threaten the peace, security, or stability of
South Sudan;
actions or policies that
threaten transitional agreements or undermine
democratic processes or institutions in South
Sudan;
actions or policies that have
the purpose or effect of expanding or extending
the conflict in South Sudan or obstructing
reconciliation or peace talks or processes;
the commission of human rights
abuses against persons in South Sudan;
the targeting of women;
children, or any civilians through the
commission of acts of violence (including
killing, maiming, torture, or rape or other
sexual violence), abduction, forced
displacement, or attacks on schools, hospitals,
religious sites, or locations where civilians
are seeking refuge, or through conduct that
would constitute a serious abuse--or violation
of human rights or a violation of international
humanitarian law;
the use or recruitment of
children by armed groups or armed forces in the
context of the conflict in South Sudan;
the obstruction of the
activities of international peacekeeping,
diplomatic, or humanitarian missions in South
Sudan, or of the delivery or distribution of,
or access to, humanitarian assistance; or
attacks against United Nations
missions, international security presences, or
other peacekeeping operations;
to be a leader of (i) an entity, including
any government, rebel militia, or other group, that
has, or whose members have, engaged in any of the
activities described above or (ii) an entity whose
property and interests in property are blocked pursuant
to the order;
to have materially assisted, sponsored, or
provided financial, material, logistical, or
technological support for, or goods or services in
support of, any activity described above or any person
whose property and interests in property are blocked
pursuant to the order; or
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 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
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 order.
I am enclosing a copy of the Executive Order I have issued.
Barack Obama.
The White House, April 3, 2014.
Executive Order
----------
Blocking Property of Certain Persons With Respect to South Sudan
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, BARACK OBAMA, President of the United States of America,
find that the situation in and in relation to South Sudan,
which has been marked by activities that threaten the peace,
security, or stability of South Sudan and the surrounding
region, including widespread violence and atrocities, human
rights abuses, recruitment and use of child soldiers, attacks
on peacekeepers, and obstruction of humanitarian operations,
poses 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
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 (including any foreign
branch) 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
engaged in, directly or indirectly, any of the
following in or in relation to South Sudan:
(A) actions or policies that threaten the
peace, security, or stability of South Sudan;
(B) actions or policies that threaten
transitional agreements or undermine democratic
processes or institutions in South Sudan;
(C) actions or policies that have the purpose
or effect of expanding or extending the
conflict in South Sudan or obstructing
reconciliation or peace talks or processes;
(D) the commission of human rights abuses
against persons in South Sudan;
(E) the targeting of women, children, or any
civilians through the commission of acts of
violence (including killing, maiming, torture,
or rape or other sexual violence), abduction,
forced displacement, or attacks on schools,
hospitals, religious sites, or locations where
civilians are seeking refuge, or through
conduct that would constitute a serious abuse
or violation of human rights or a violation of
international humanitarian law;
(F) the use or recruitment of children by
armed groups or armed forces in the context of
the conflict in South Sudan;
(G) the obstruction of the activities of
international peacekeeping, diplomatic, or
humanitarian missions in South Sudan, or of the
delivery or distribution of, or access to,
humanitarian assistance; or
(H) attacks against United Nations missions,
international security presences, or other
peacekeeping operations;
(ii) to be a leader of (A) an entity, including any
government, rebel militia, or other group, that has, or
whose members have, engaged in any of the activities
described in subsection (a)(i) of this section or (B)
an entity whose property and interests in property are
blocked pursuant to this order;
(iii) to have materially assisted, sponsored, or
provided financial, material, logistical, or
technological support for, or goods or services in
support of (A) any of the 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
(iv) 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 in this order and 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. 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 this national emergency, and I hereby prohibit such
donations as provided by section 1 of this order.
Sec. 3. The prohibitions in section 1 of this order
include but are not limited to:
(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. I hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of aliens determined
to meet one or more of the criteria in section 1(a) of this
order would be detrimental to the interests of the United
States, and I hereby suspend entry into the United States, as
immigrants or nonimmigrants, of such persons. 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. 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 this national emergency, 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 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 redelegate any of these functions
to other officers and agencies of the United States Government
consistent with applicable law. All agencies of the United
States Government are hereby directed to 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 the 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. 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.
Barack Obama.
The White House, April 3, 2014.