[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.

                                  
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