[House Document 112-126]
[From the U.S. Government Publishing Office]
112th Congress, 2d Session - - - - - - - - -- - House Document 112-126
EXECUTIVE ORDER TAKING ADDITIONAL STEPS WITH RESPECT TO THE NATIONAL
EMERGENCY DECLARED WITH RESPECT TO SOMALIA
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION THAT ADDITIONAL STEPS ARE BEING TAKEN WITH RESPECT TO THE
NATIONAL EMERGENCY REGARDING SOMALIA ORIGINALLY DECLARED ON APRIL 12,
2010, BY EXECUTIVE ORDER 13536, PURSUANT TO 50 U.S.C. 1622(d)
July 23, 2012.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
Executive Order
----------
Taking Additional Steps To Address the National Emergency With Respect
to 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 (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,
in order to take additional steps to deal with the national
emergency with respect to the situation in Somalia declared in
Executive Order 13536 of April 12, 2010, in view of United
Nations Security Council Resolution 2036 of February 22, 2012,
and Resolution 2002 of July 29, 2011, and to address: exports
of charcoal from Somalia, which generate significant revenue
for al-Shabaab; the misappropriation of Somali public assets;
and certain acts of violence committed against civilians in
Somalia, all of which contribute to the deterioration of the
security situation and the persistence of violence in Somalia,
hereby order:
Section 1. Section 1(a) of Executive Order 13536 is hereby
amended to read as follows:
``(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 foreign
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transferred, paid, exported, withdrawn or otherwise dealt in: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;
(2) acts that threaten the
Transitional Federal Institutions or
future Somali governing institutions,
the African Union Mission in Somalia
(AMISOM), or other future international
peacekeeping operations related to
Somalia; or
(3) acts to misappropriate Somali
public assets;
(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 be responsible for or complicit in, or
responsible for ordering, controlling, or
otherwise directing, or to have participated
in, the commission of acts of violence
targeting civilians in Somalia, including
killing and maiming, sexual and gender-based
violence, attacks on schools and hospitals,
taking hostages, and forced displacement;
(E) to be a political or military leader
recruiting or using children in armed conflict
in Somalia;
(F) to have engaged, directly or indirectly,
in the import or export of charcoal from
Somalia on or after February 22, 2012;
(G) 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) through (F) of this
section or any person whose property and
interests in property are blocked pursuant to
this order; or
(H) 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.''
Sec. 2. (a) The importation into the United States,
directly or indirectly, of charcoal from Somalia is prohibited.
(b) The prohibition in subsection (a) of this section
applies 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. 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 ``charcoal'' means any product classifiable in
heading 3802 or 4402 of the Harmonized Tariff Schedule of the
United States.
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. 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. 7. This order is effective at 2:00 p.m. eastern
daylight time on July 20, 2012.
Barack Obama.
The White House, July 20, 2012.