[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

                                  
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