[House Document 112-11]
[From the U.S. Government Printing Office]




112th Congress, 1st Session - - - - - - - - - - - - - House Document 112-11


 
       DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO LIBYA

                               __________

                                MESSAGE

                                  from

                  THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE 
   PROPERTY OF CERTAIN PERSONS WITH RESPECT TO LIBYA, PURSUANT TO 50 
                             U.S.C. 1703(b)




  February 28, 2011.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
                                           The White House,
                                     Washington, February 25, 2011.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: 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'') 
that takes steps with respect to the situation in Libya.
    I have determined that the actions of Colonel Muammar 
Qadhafi, his government, and close associates, including 
extreme measures against the people of Libya, 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 blocks the property and interests in property of 
persons listed in the Annex to the order, who I have determined 
meet the first or second of the six criteria set forth below. 
The order also provides criteria for designations of persons 
determined by the Secretary of the Treasury, in consultation 
with the Secretary of State:
     to be a senior official of the Government of 
Libya;
     to be a child of Colonel Muammar Qadhafi;
     to be responsible for or complicit in, or 
responsible for ordering, controlling, or otherwise directing, 
or to have participated in, the commission of human rights 
abuses related to political repression in Libya;
     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;
     to be owned or controlled by, or to have acted or 
purported to act for or on behalf of, any person whose property 
and interests in property are blocked pursuant to the order; or
     to be a spouse or dependent child of any person 
whose property and interests in property are blocked pursuant 
to the order.
    In addition, the order blocks the property and interests in 
property of the Government of Libya.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Secretary of State, 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 executive agencies of the United States Government 
are directed to take all appropriate measures within their 
authority to carry out the provisions of the order.
    Additionally, the Secretary of State is suspending all 
existing licenses and other approvals for the export of defense 
articles and services to Libya.
    The order, a copy of which is enclosed, became effective at 
8:00 p.m. eastern standard time on February 25, 2011.
            Sincerely,
                                                      Barack Obama.
                            Executive Order

                              ----------                              

Blocking Property and Prohibiting Certain Transactions Related to Libya
    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 Colonel Muammar Qadhafi, his government, and close 
associates have taken extreme measures against the people of 
Libya, including by using weapons of war, mercenaries, and 
wanton violence against unarmed civilians. I further find that 
there is a serious risk that Libyan state assets will be 
misappropriated by Qadhafi, members of his government, members 
of his family, or his close associates if those assets are not 
protected. The foregoing circumstances, the prolonged attacks, 
and the increased numbers of Libyans seeking refuge in other 
countries from the attacks, have caused a deterioration in the 
security of Libya and pose a serious risk to its stability, 
thereby constituting 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 overseas 
branch, of the following persons are blocked and may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in:
    (a) the persons listed in the Annex to this order; and
    (b) any person determined by the Secretary of the Treasury, 
in consultation with the Secretary of State:
          (i) to be a senior official of the Government of 
        Libya;
          (ii) to be a child of Colonel Muammar Qadhafi;
          (iii) to be responsible for or complicit in, or 
        responsible for ordering, controlling, or otherwise 
        directing, or to have participated in, the commission 
        of human rights abuses related to political repression 
        in Libya;
          (iv) 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 subsection (b)(iii) of this 
        section or any person whose property and interests in 
        property are blocked pursuant to this order;
          (v) to be owned or controlled by, or to have acted or 
        purported to act for or on behalf of, any person whose 
        property and interests in property are blocked pursuant 
        to this order; or
          (vi) to be a spouse or dependent child of any person 
        whose property and interests in property are blocked 
        pursuant to this order.
    Sec. 2. 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 Government of Libya, its agencies, 
instrumentalities, and controlled entities, and the Central 
Bank of Libya, are blocked and may not be transferred, paid, 
exported, withdrawn, or otherwise dealt in.
    Sec. 3. 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. 4. 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 sections 1 and 2 
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 sections 1 and 2 of this 
order.
    Sec. 5. The prohibitions in sections 1 and 2 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. 6. The prohibitions in sections 1 and 2 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. 7. (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. 8. Nothing in this order shall prohibit transactions 
for the conduct of the official business of the Federal 
Government by employees, grantees, or contractors thereof.
    Sec. 9. 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 or national, 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. 10. 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. 11. 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. 12. 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. 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.
    Sec. 14. This order is effective at 8 p.m. eastern standard 
time on February 25, 2011.

                                                      Barack Obama.
    The White House, February 25, 2011.

                                 ANNEX

Individuals
1. Ayesha QADHAFI [Lieutenant General in the Libyan Army, born 
        circa 1976 or 1977]
2. Khamis QADHAFI [born 1980]
3. Muammar QADHAFI [Head of State of Libya, born 1942]
4. Mutassim QADHAFI [National Security Advisor and Lieutenant 
        Colonel in the Libyan Army, born circa 1975]
5. Saif Al-Islam QADHAFI [born June 5, 1972]