[House Document 111-103]
[From the U.S. Government Publishing Office]
111th Congress, 2d Session - - - - - - - - - - - - House Document 111-103
COPY OF EXECUTIVE ORDER WITH RESPECT TO SOMALIA
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
AN EXECUTIVE ORDER BLOCKING PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO
THE CONFLICT IN SOMALIA
April 14, 2010.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
Consistent with subsection 204(b) of the International
Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and
section 301 of the National Emergencies Act, 50 U.S.C. 1631
(NEA), I hereby report that I have issued an Executive Order
(the ``order'') blocking the property of certain persons
contributing to the conflict in Somalia. In that order, I
declared a national emergency to deal with the unusual and
extraordinary threat to the national security and foreign
policy of the United States posed by that conflict, as
described below.
The United Nations Security Council, in Resolution 1844 of
November 20, 2008, reaffirmed its condemnation of all acts of
violence in Somalia and incitement to violence inside Somalia,
and expressed its concern at all acts intended to prevent or
block a peaceful political process. United Nations Security
Council Resolution (UNSCR) 1844 also expressed grave concern
over the recent increase in acts of piracy and armed robbery at
sea against vessels off the coast of Somalia, and noted the
role piracy may play in financing violations of the arms
embargo on Somalia imposed by UNSCR 733 of January 23, 1992. In
UNSCR 1844, the United Nations Security Council determined that
the situation in Somalia poses a threat to international peace
and security in the region and called on member States to apply
certain measures against persons responsible for the continuing
conflict. The United Nations Security Council has continued to
express grave concern about the crisis in Somalia in UNSCR 1846
of December 2, 2008, UNSCR 1851 of December 16, 2008, and UNSCR
1872 of May 26, 2009.
Pursuant to the IEEPA and the NEA, I have determined that
the deterioration of the security situation and the persistence
of violence in Somalia, and acts of piracy and armed robbery at
sea off the coast of Somalia, constitute an unusual and
extraordinary threat to the national security and foreign
policy of the United States. The order declares a national
emergency to deal with this threat.
The order is not targeted at the entire country of Somalia,
but rather is intended to target those who threaten peace and
stability in Somalia, who inhibit the delivery of humanitarian
assistance to Somalia or the distribution of such assistance in
Somalia, or who supply arms or related materiel in violation of
the arms embargo. The order blocks the property and interests
in property in the United States, or in the possession or
control of United States persons, of the persons listed in the
Annex to the order, as well as of any person determined by the
Secretary of the Treasury, in consultation with the Secretary
of State:
to have engaged in acts that directly or
indirectly threaten the peace, security, or stability
of Somalia, including but not limited to (1) acts that
threaten the Djibouti Agreement of August 18, 2008, or
the political process, or (2) acts that threaten the
Transitional Federal Institutions, the African Union
Mission in Somalia (AMISOM), or other international
peacekeeping operations related to Somalia;
to have obstructed the delivery of
humanitarian assistance to Somalia, or access to, or
distribution of, humanitarian assistance in Somalia; or
to have directly or indirectly supplied,
sold, or transferred to Somalia, or to have been the
recipient in the territory of Somalia of, arms or any
related materiel, or any technical advice, training, or
assistance, including financing and financial
assistance, related to military activities.
The designation criteria will be applied in accordance with
applicable Federal law including, where appropriate, the First
Amendment to the United States Constitution. The designation
criteria will also be applied taking into consideration the
arms embargo on Somalia imposed by UNSCR 733 of January 23,
1992, as elaborated upon and amended by subsequent resolutions.
The order also authorizes the Secretary of the Treasury, in
consultation with the Secretary of State, to designate for
blocking any person determined to have materially assisted,
sponsored, or provided financial, material, logistical, or
technical support for, or goods or services in support of, the
activities described above or any person whose property and
interests in property are blocked pursuant to the order. I
determined that, among other threats to the peace, security, or
stability of Somalia, acts of piracy or armed robbery at sea
off the coast of Somalia threaten the peace, security, or
stability of Somalia. I further authorized the Secretary of the
Treasury, in consultation with the Secretary of State, to
designate for blocking any person (defined as an individual or
entity) determined 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 order.
I 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 and the United Nations Participation Act, as may be
necessary to carry out the purposes of the order. All executive
agencies are directed to take all appropriate measures within
their authority to carry out the provisions of the order.
The order, a copy of which is enclosed, became effective at
12:01 a.m. eastern daylight time on April 13, 2010.
Barack Obama.
The White House, April 13, 2010.
Executive Order
----------
Blocking Property of Certain Persons Contributing to the Conflict in
Somalia
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 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and
section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America,
find that the deterioration of the security situation and the
persistence of violence in Somalia, and acts of piracy and
armed robbery at sea off the coast of Somalia, which have
repeatedly been the subject of United Nations Security Council
resolutions (including Resolution 1844 of November 20, 2008;
Resolution 1846 of December 2, 2008; Resolution 1851 of
December 16, 2008; and Resolution 1897 of November 30, 2009),
and violations of the arms embargo imposed by the United
Nations Security Council in Resolution 733 of January 23, 1992,
and elaborated upon and amended by subsequent resolutions
(including Resolution 1356 of June. 19, 2001; Resolution 1725
of December 6, 2006; Resolution 1744 of February 20, 2007;
Resolution 1772 of August 20, 2007; Resolution 1816 of June 2,
2008; and Resolution 1872 of May 26, 2009), constitute 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 overseas
branch, 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; and
(ii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
(A) to have engaged in acts that directly or indirectly
threaten the peace, security, or stability of Somalia,
including but not limited to:
(1) acts that threaten the Djibouti Agreement of August 18,
2008, or the political process; or
(2) acts that threaten the Transitional Federal
Institutions, the African Union Mission in Somalia (AMISOM), or
other international peacekeeping operations related to Somalia;
(B) to have obstructed the delivery of humanitarian
assistance to Somalia, or access to, or distribution of,
humanitarian assistance in Somalia;
(C) to have directly or indirectly supplied, sold, or
transferred to Somalia, or to have been the recipient in the
territory of Somalia of, arms or any related materiel, or any
technical advice, training, or assistance, including financing
and financial assistance, related to military activities;
(D) to have materially assisted, sponsored, or provided
financial, material, logistical, or technical support for, or
goods or services in support of, the activities described in
subsections (a)(ii)(A), (a)(ii)(B), or (a)(ii)(C) of this
section or any person whose property and interests in property
are blocked pursuant to this order; or
(E) 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) I hereby determine that, among other threats to the
peace, security, or stability of Somalia, acts of piracy or
armed robbery at sea off the coast of Somalia threaten the
peace, security, or stability of Somalia.
(c) I hereby determine that, to the extent section
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making
of donations of the type of articles specified in such section
by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to subsection (a) of
this section would seriously impair my ability to deal with the
national emergency declared in this order, and I hereby
prohibit such donations as provided by subsection (a) of this
section.
(d) The prohibitions in subsection (a) of this section
include but are not limited to:
(i) 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
(ii) the receipt of any contribution or provision of funds,
goods, or services from any such person.
(e) 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
effective date of this order.
Sec. 2. (a) Any transaction by a United States person or
within the United States 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. 3. 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;
(d) the term ``Transitional Federal Institutions'' means
the Transitional Federal Charter of the Somali Republic adopted
in February 2004 and the Somali federal institutions
established pursuant to such charter, and includes their
agencies, instrumentalities, and controlled entities; and
(e) the term ``African Union Mission in Somalia'' means the
mission authorized by the United Nations Security Council in
Resolution 1744 of February 20, 2007, and reauthorized in
subsequent resolutions, and includes its agencies,
instrumentalities, and controlled entities.
Sec. 4. 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(a) of this order.
Sec. 5. 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 and
the UNPA, 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. 6. 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. 7. The Secretary of the Treasury, in consultation with
the Secretary of State, 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. 8. 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.
Sec. 9. This order is effective at 12:01 a.m. eastern
daylight time on April 13, 2010.
Barack Obama.
The White House, April 12, 2010.
ANNEX
Individuals
1. Abshir ABDILLAHI [born circa 1966]
2. Hassan Abdullah Hersi AL-TURKI [born circa 1944]
3. Hassan Dahir AWEYS [born 1935]
4. Ahmed Abdi AW-MOHAMED [born 10 July 1977]
5. Yasin Ali BAYNAH [born circa 1966]
6. Mohamed Abdi GARAAD [born circa 1973]
7. Yemane GHEBREAB [born 21 July 1951]
8. Fuad Mohamed KHALAF [born circa 1965]
9. Bashir Mohamed MAHAMOUD [born circa 1979-1982]
10. Fares Mohammed MANA'A [born 8 February 1965]
11. Mohamed SA'ID [born circa 1966]
Entity
1. al-Shabaab