[House Document 112-109]
[From the U.S. Government Publishing Office]




112th Congress, 2d Session - - - - - - - - -  House Document 112-109
 
  EXECUTIVE ORDER WITH RESPECT TO THE ACTIONS AND POLICIES OF CERTAIN 
                   MEMBERS OF THE GOVERNMENT OF YEMEN

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

   NOTIFICATION THAT AN EXECUTIVE ORDER HAS BEEN ISSUED 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 ACTIONS AND POLICIES OF CERTAIN MEMBERS OF THE GOVERNMENT OF 
  YEMEN AND OTHERS TO THREATEN YEMEN'S PEACE, SECURITY, AND STABILITY




May 17, 2012.--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 actions and policies of certain members of 
the Government of Yemen and others to threaten Yemen's peace, 
security, and stability.
    The order does not target the entire country of Yemen or 
its government, but rather targets those who threaten the 
peace, security, or stability of Yemen, including by 
obstructing the implementation of the agreement of November 23, 
2011, between the Government of Yemen and those in opposition 
to it, which provides for a peaceful transition of power that 
meets the legitimate demands and aspirations of the Yemeni 
people for change, or by obstructing the political process in 
Yemen. The order provides criteria for the blocking of property 
and interests in property of persons 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 Yemen, such as acts that obstruct the implementation 
        of the agreement of November 23, 2011, between the 
        Government of Yemen and those in opposition to it, 
        which provides for a peaceful transition of power in 
        Yemen, or that obstruct the political process in Yemen;
           be a political or military leader of an 
        entity that has engaged in the acts described above;
           have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of, the acts 
        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.
    The designation criteria will be applied in accordance with 
applicable Federal law including, where appropriate, the First 
Amendment to the United States Constitution.
    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, May 16, 2012.
                            Executive Order

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   Blocking Property of Persons Threatening the Peace, Security, or 
                           Stability of Yemen

    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), and section 301 of title 3, United 
States Code,
    I, BARACK OBAMA, President of the United States of America, 
find that the actions and policies of certain members of the 
Government of Yemen and others threaten Yemen's peace, 
security, and stability, including by obstructing the 
implementation of the agreement of November 23, 2011, between 
the Government of Yemen and those in opposition to it, which 
provides for a peaceful transition of power that meets the 
legitimate demands and aspirations of the Yemeni people for 
change, and by obstructing the political process in Yemen. I 
further find that these actions 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. 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, to:
    (a) have engaged in acts that directly or indirectly 
threaten the peace, security, or stability of Yemen, such as 
acts that obstruct the implementation of the agreement of 
November 23, 2011, between the Government of Yemen and those in 
opposition to it, which provides for a peaceful transition of 
power in Yemen, or that obstruct the political process in 
Yemen;
    (b) be a political or military leader of an entity that has 
engaged in the acts described in subsection (a) of this 
section;
    (c) have materially assisted, sponsored, or provided 
financial, material, or technological support for, or goods or 
services to or in support of, the acts described in subsection 
(a) of this section or any person whose property and interests 
in property are blocked pursuant to this order; or
    (d) 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.
    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 the national emergency declared in this order, 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. The prohibitions in section 1 of this order 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. 5. Nothing in section 1 of this order shall prohibit 
transactions for the conduct of the official business of the 
United States Government by employees, grantees, or contractors 
thereof.
    Sec. 6. (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. 7. 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. 8. 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 of this order.
    Sec. 9. 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. 10. 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. 11. 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, May 16, 2012. 

                                  
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