[House Document 113-128]
[From the U.S. Government Publishing Office]
113th Congress, 2d Session - - - - - - - - - - - House Document 113-128.
EXECUTIVE ORDER TAKING ADDITIONAL STEPS WITH RESPECT TO THE NATIONAL
EMERGENCY DECLARED WITH RESPECT TO THE DEMOCRATIC REPUBLIC OF THE CONGO
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH
RESPECT TO THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO THE
DEMOCRATIC REPUBLIC OF THE CONGO IN EXECUTIVE ORDER 13413 OF OCTOBER
27, 2006
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 9, 2014.--Message and accompanying papers 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'') taking additional
steps with respect to the national emergency declared in
Executive Order 13413 of October 27, 2006 (E.O. 13413).
In E.O. 13413, it was determined that the situation in or
in relation to the Democratic Republic of the Congo, which has
been marked by widespread violence and atrocities that continue
to threaten regional stability and was addressed by the United
Nations Security Council in Resolution 1596 of April 18, 2005,
Resolution 1649 of December 21, 2005, and Resolution 1698 of
July 31, 2006, constitutes an unusual and extraordinary threat
to the foreign policy of the United States. To address that
threat, E.O. 13413 blocks the property and interests in
property of persons listed in the Annex to E.O. 13413 or
determined by the Secretary of the Treasury, in consultation
with the Secretary of State, to meet criteria specified in E.O.
13413.
In view of multiple additional United Nations Security
Council Resolutions including, most recently, Resolution 2136
of January 30, 2014, I am issuing the order to take additional
steps to deal with the national emergency declared in E.O.
13413, and to address the continuation of activities that
threaten the peace, security, or stability of the Democratic
Republic of the Congo and the surrounding region, including
operations by armed groups, widespread violence and atrocities,
human rights abuses, recruitment and use of child soldiers,
attacks on peacekeepers, obstruction of humanitarian
operations, and exploitation of natural resources to finance
persons engaged in these activities.
The order amends the designation criteria specified in E.O.
13413. As amended by the order, E.O. 13413 provides for the
designation of persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
to be a political or military leader of a
foreign armed group operating in the Democratic
Republic of the Congo that impedes the disarmament,
demobilization, voluntary repatriation, resettlement,
or reintegration of combatants;
to be a political or military leader of a
Congolese armed group that impedes the disarmament,
demobilization, voluntary repatriation, resettlement,
or reintegration of combatants;
to be responsible for or complicit in, or to
have engaged in, directly or indirectly, any of the
following in or in relation to the Democratic Republic
of the Congo:
to actions or policies that threaten the
peace, security, or stability of the Democratic
Republic of the Congo;
actions or policies that undermine
democratic processes or institutions in the
Democratic Republic of the Congo;
the targeting of women, children, or any
civilians through the commission of acts of
violence (including killing, maiming, torture,
or rape or other sexual violence), abduction,
forced displacement, or attacks on schools,
hospitals, religious sites, or locations where
civilians are seeking refuge, or through
conduct that would constitute a serious abuse
or violation of human rights or a violation of
international humanitarian law;
the use or recruitment of children by armed
groups or armed forces in the context of the
conflict in the Democratic Republic of the
Congo;
the obstruction of the delivery or
distribution of, or access to, humanitarian
assistance;
attacks against United Nations missions,
international security presences, or other
peacekeeping operations; or
support to persons, including armed groups,
involved in activities that threaten the peace,
security, or stability of the Democratic
Republic of the Congo or that undermine
democratic processes or institutions in the
Democratic Republic of the Congo, through the
illicit trade in natural resources of the
Democratic Republic of the Congo;
except where intended for the authorized
support of humanitarian activities or the authorized
use by or support of peacekeeping, international, or
government forces, to have directly or indirectly
supplied, sold, or transferred to the Democratic
Republic of the Congo, or been the recipient in the
territory of the Democratic Republic of the Congo of,
arms and related materiel, including military aircraft
and equipment, or advice, training, or assistance,
including financing and financial assistance, related
to military activities;
to be a leader of (i) an entity, including
any armed group, that has, or whose members have,
engaged in any of the activities described above or
(ii) an entity whose property and interests in property
are blocked pursuant to E.O. 13413; or
to have materially assisted, sponsored, or
provided financial, material, logistical, or
technological support for, or goods or services in
support of (i) any of the activities described above or
(ii) any person whose property and interests in
property are blocked pursuant to E.O. 13413; or
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 E.O. 13413.
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 and the United Nations Participation Act 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, July 8, 2014.
Executive Order
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Taking Additional Steps To Address The National Emergency With Respect
to the Conflict in the Democratic Republic of the Congo
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.), 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 or in relation to
the Democratic Republic of the Congo declared in Executive
Order 13413 of October 27, 2006, in view of multiple United
Nations Security Council Resolutions including, most recently,
Resolution 2136 of January 30, 2014, and in light of the
continuation of activities that threaten the peace, security,
or stability of the Democratic Republic of the Congo and the
surrounding region, including operations by armed groups,
widespread violence and atrocities, human rights abuses,
recruitment and use of child soldiers, attacks on peacekeepers,
obstruction of humanitarian operations, and exploitation of
natural resources to finance persons engaged in these
activities, hereby order:
Section 1. Subsection (a) of section 1 of Executive Order
13413 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 be a political or military leader of a
foreign armed group operating in the Democratic
Republic of the Congo that impedes the
disarmament, demobilization, voluntary
repatriation, resettlement, or reintegration of
combatants;
(B) to be a political or military leader of a
Congolese armed group that impedes the
disarmament, demobilization, voluntary
repatriation, resettlement, or reintegration of
combatants;
(C) to be responsible for or complicit in, or
to have engaged in, directly or indirectly, any
of the following in or in relation to the
Democratic Republic of the Congo:
(1) actions or policies that threaten
the peace, security, or stability of
the Democratic Republic of the Congo;
(2) actions or policies that
undermine democratic processes or
institutions in the Democratic Republic
of the Congo;
(3) the targeting of women, children,
or any civilians through the commission
of acts of violence ( including
killing, maiming, torture, or rape or
other sexual violence), abduction,
forced displacement, or attacks 1288 on
schools, hospitals, religious sites, or
locations where civilians are seeking
refuge, or through conduct that would
constitute a serious abuse or violation
of human rights or a violation of
international humanitarian law;
(4) the use or recruitment of
children by armed groups or armed
forces in the context of the conflict
in the Democratic Republic of the
Congo;
(5) the obstruction of the delivery
or distribution of, or access to,
humanitarian assistance;
(6) attacks against United Nations
missions, international security
presences, or other peacekeeping
operations; or
(7) support to persons, including
armed groups, involved in activities
that threaten the peace, security, or
stability of the Democratic Republic of
the Congo or that undermine democratic
processes or institutions in the
Democratic Republic of the Congo,
through the illicit trade in natural
resources of the Democratic Republic of
the Congo;
(D) except where intended for the authorized
support of humanitarian activities or the
authorized use by or support of peacekeeping,
international, or government forces, to have
directly or indirectly supplied, sold, or
transferred to the Democratic Republic of the
Congo, or been the recipient in the territory
of the Democratic Republic of the Congo of,
arms and related materiel, including military
aircraft and equipment, or advice, training, or
assistance, including financing and financial
assistance, related to military activities;
(E) to be a leader of (i) an entity,
including any armed group, that has, or whose
members have, engaged in any of the activities
described in subsections (a)(ii)(A) through (a)
(ii) (D) of this section or (ii) an entity
whose property and interests in property are
blocked pursuant to this order;
(F) to have materially assisted, sponsored,
or provided financial, material, logistical, or
technological support for, or goods or services
in support of (i) any of the activities
described in subsections (a)(ii)(A) through
(a)(ii)(D) of this section or (ii) any person
whose property and interests in property are
blocked pursuant to this order; or
(G) 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. New subsection (d) is hereby added to section 1 of
Executive Order 13413 to read as follows:
``(d) The prohibitions in subsection (a) of this section
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. 3. Section 2 of Executive Order 13413 is hereby
amended to read as follows:
``Sec. 2. (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. 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 and Executive Order 13413, as amended by 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.
Sec. 5. 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 and
Executive Order 13413, as amended by 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.
Barack Obama.
The White House, July 8, 2014.