[House Document 112-119]
[From the U.S. Government Publishing Office]
112th Congress, 2d Session - - - - - - - - - - - - House Document 112-119
BLOCKING PROPERTY OF THE GOVERNMENT OF THE RUSSIAN FEDERATION RELATING
TO THE DISPOSITION OF HIGHLY ENRICHED URANIUM EXTRACTED FROM NUCLEAR
WEAPONS
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO BLOCKING THE
PROPERTY OF THE GOVERNMENT OF THE RUSSIAN FEDERATION, PURSUANT TO 50
U.S.C. 1703(b)
June 27, 2012.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, June 25, 2012.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to section 204(b) of the
International Emergency Economic Powers Act (IEEPA), 50 U.S.C.
1703(b), I hereby report that I have exercised my authority to
declare a national emergency to deal with the threat posed to
the United States by the risk of nuclear proliferation created
by the accumulation in the Russian Federation of a large volume
of weapons-usable fissile material.
In Executive Order 13159 of June 21, 2000, the President
found that this same risk constituted an unusual and
extraordinary threat to the national security and foreign
policy of the United States and declared a national emergency
to deal with that threat. The United States and the Russian
Federation had entered into a series of agreements that provide
for the conversion of highly enriched uranium (HEU) extracted
from Russian nuclear weapons into low enriched uranium (LEU)
for use in commercial nuclear reactors. There were concerns
that payments due to the Russian Federation under these
agreements may be subject to attachment, garnishment, or other
judicial process, in the United States, which could put
implementation of such agreements at risk. In Executive Order
13159, the President therefore ordered blocked all property and
interests in property of the Government of the Russian
Federation directly related to the implementation of the HEU
Agreements so that it would be protected from the threat of
attachment, garnishment, or other judicial process.
In the Executive Order I have issued today, I find that the
risk of nuclear proliferation created by the accumulation in
the Russian Federation of a large volume of weapons-usable
fissile material continues to constitute an unusual and
extraordinary threat to the national security and foreign
policy of the United States. I therefore declared a national
emergency to address this threat and to continue the blocking
of all property and interests in property of the Government of
the Russian Federation directly related to the implementation
of the HEU Agreements.
A major national security goal of the United States is to
ensure that fissile material removed from Russian nuclear
weapons pursuant to various arms control and disarmament
agreements is dedicated to peaceful uses, subject to
transparency measures, and protected from diversion to
activities of proliferation concern. The United States and the
Russian Federation entered into an international agreement in
February 1993 to deal with these issues as they relate to the
disposition of HEU extracted from Russian nuclear weapons (the
``HEU Agreement''). The HEU Agreement provides for 500 metric
tons of HEU to be converted to LEU over a 20-year period. This
is the equivalent of 20,000 nuclear warheads.
Additional agreements were put in place to effectuate the
HEU Agreement, including agreements and contracts on
transparency, on the appointment of executive agents to assist
in implementing the agreements, and on the disposition of LEU
delivered to the United States (collectively, the ``HEU
Agreements''). Under the HEU Agreements, the Russian Federation
extracts HEU metal from nuclear weapons. That HEU is oxidized
and blended down to LEU in the Russian Federation. The
resulting LEU is shipped to the United States for fabrication
into fuel for commercial reactors.
The HEU Agreements provide for the Russian Federation to
receive money and uranium hexafluoride in payment for each
shipment of LEU converted from the Russian nuclear weapons. The
money and uranium hexafluoride are transferred to the Russian
Federation executive agent in the United States.
The executive branch and the Congress have previously
recognized and continue to recognize the threat posed to the
United States national security from the risk of nuclear
proliferation created by the accumulation of weapons-usable
fissile material in the Russian Federation. This threat is the
basis for significant programs aimed at Cooperative Threat
Reduction and at controlling excess fissile material. The HEU
Agreements are essential tools to accomplish these overall
national security goals. The Congress has repeatedly
demonstrated support for these agreements.
Payments made to the Russian Federation pursuant to the HEU
Agreements are integral to the operation of this key national
security program. Uncertainty surrounding litigation and the
possible attachment, garnishment, or other judicial process
that could impede these payments could lead to a long-term
suspension of the HEU Agreements, which creates the risk of
nuclear proliferation. This is an unacceptable threat to the
national security and foreign policy of the United States.
Accordingly, I have concluded that all property and
interests in property of the Government of the Russian
Federation directly related to the implementation of the HEU
Agreements should remain protected from the threat of
attachment, garnishment, or other judicial process. I have,
therefore, exercised my authority and issued an Executive Order
that provides:
except to the extent provided in
regulations, orders, directives, or licenses that may
be issued pursuant to the order, or that were issued
pursuant to Executive Order 13159 of June 21, 2000, all
property and interests in property of the Government of
the Russian Federation directly related to the
implementation of the HEU Agreements that are in the
United States, that hereafter come within the United
States, or hereafter come within the possession or
control of any United States persons, including any
foreign branch, are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in;
unless licensed or authorized pursuant to
the order, any attachment, judgment, decree, lien,
execution, garnishment, or other judicial process is
null and void with respect to any property or interest
in property blocked pursuant to the order; and
that all heads of departments and agencies
of the United States Government shall continue to take
all appropriate measures within their authority to
further the full implementation of the HEU Agreements.
The effect of this Executive Order is limited to property
that is directly related to the implementation of the HEU
Agreements. Such property will be clearly defined by the
regulations, orders, directives, or licenses that will be
issued pursuant to this Executive 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.
Sincerely,
Barack Obama.
Executive Order
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Blocking Property of the Government of the Russian Federation Relating
to the Disposition of Highly Enriched Uranium Extracted From Nuclear
Weapons
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,
in view of the policies underlying Executive Order 12938 of
November 14, 1994, and Executive Order 13085 of May 26, 1998,
and the restrictions put in place pursuant to Executive Order
13159 of June 21, 2000, find that the risk of nuclear
proliferation created by the accumulation of a large volume of
weapons-usable fissile material in the territory of the Russian
Federation continues to constitute an unusual and extraordinary
threat to the national security and foreign policy of the
United States, and hereby declare a national emergency to deal
with that threat. I hereby order:
Section 1. A major national security goal of the United
States is to ensure that fissile material removed from Russian
nuclear weapons pursuant to various arms control and
disarmament agreements is dedicated to peaceful uses, subject
to transparency measures, and protected from diversion to
activities of proliferation concern. As reflected in Executive
Order 13085, the full implementation of the Agreement Between
the Government of the United States of America and the
Government of the Russian Federation Concerning the Disposition
of Highly Enriched Uranium Extracted from Nuclear Weapons,
dated February 18, 1993, and related contracts and agreements
(collectively, the ``HEU Agreements'') is essential to the
attainment of this goal. The HEU Agreements provide for the
conversion of approximately 500 metric tons of highly enriched
uranium contained in Russian nuclear weapons into low-enriched
uranium for use as fuel in commercial nuclear reactors. In
furtherance of our national security goals, all heads of
departments and agencies of the United States Government shall
continue to take all appropriate measures within their
authority to further the full implementation of the HEU
Agreements.
Sec. 2. Government of the Russian Federation assets
directly related to the implementation of the HEU Agreements
currently may be subject to attachment, judgment, decree, lien,
execution, garnishment, or other judicial process, thereby
jeopardizing the full implementation of the HEU Agreements to
the detriment of U.S. foreign policy. In order to ensure the
preservation and proper and complete transfer to the Government
of the Russian Federation of all payments due to it under the
HEU Agreements, and except to the extent provided in
regulations, orders, directives, or licenses that may be issued
pursuant to this order, or that were issued pursuant to
Executive Order 13159 of June 21, 2000, all property and
interests in property of the Government of the Russian
Federation directly related to the implementation of the HEU
Agreements 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 persons,
including any foreign branch, are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in.
Unless licensed or authorized pursuant to this order, or
Executive Order 13159 of June 21, 2000, any attachment,
judgment, decree, lien, execution, garnishment, or other
judicial process is null and void with respect to any property
or interest in property blocked pursuant to this order.
Sec. 3. (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. 4. 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; and
(d) the term ``Government of the Russian Federation'' means
the Government of the Russian Federation, any political
subdivision, agency, or instrumentality thereof, and any person
owned or controlled by, or acting for or on behalf of, the
Government of the Russian Federation.
Sec. 5. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, the Secretary of Energy, and, as
appropriate, other agencies, 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 statutory authority to carry out the
provisions of this order.
(b) Nothing contained in this order shall relieve a person
from any requirement to obtain a license or other authorization
from any department or agency of the United States Government
in compliance with applicable laws and regulations subject to
the jurisdiction of the department or agency.
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. 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, June 25, 2012.