[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

                              ----------                              


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.

                                  
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