[House Document 113-95]
[From the U.S. Government Publishing Office]



113th Congress, 2d Session - - - - - - - - - - - - - House Document 113-95

 
  EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY WITH RESPECT TO THE 
                          SITUATION IN UKRAINE

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 NOTIFICATION THAT AN EXECUTIVE ORDER WAS ISSUED DECLARING A NATIONAL 
 EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT TO THE 
NATIONAL SECURITY AND FOREIGN POLICY OF THE UNITED STATES POSED BY THE 
        SITUATION IN UKRAINE, PURSUANT TO 50 U.S.C. 1701 ET SEQ




    March 6, 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'') declaring a national 
emergency with respect to the unusual and extraordinary threat 
to the national security and foreign policy of the United 
States posed by the situation in Ukraine.
    The order does not target the country of Ukraine, but 
rather is aimed at persons--including persons who have asserted 
governmental authority in the Crimean region without the 
authorization of the Government of Ukraine--who undermine 
democratic processes and institutions in Ukraine; threaten its 
peace, security, stability, sovereignty, and territorial 
integrity; and contribute to the misappropriation of its 
assets. The order blocks the property and interests in property 
and suspends entry into the United States of any person 
determined by the Secretary of the Treasury, in consultation 
with the Secretary of State:
           to be responsible for or complicit in, or to 
        have engaged in, directly or indirectly, any of the 
        following:
                   actions or policies that undermine 
                democratic processes or institutions in 
                Ukraine;
                   actions or policies that threaten the 
                peace, security, stability, sovereignty, or 
                territorial integrity of Ukraine; or
                   misappropriation of state assets of 
                Ukraine or of an economically significant 
                entity in Ukraine;
           to have asserted governmental authority over 
        any part or region of Ukraine without the authorization 
        of the Government of Ukraine;
           to be a leader of an entity that has, or 
        whose members have, engaged in any activity described 
        above or of an entity whose property and interests in 
        property are blocked pursuant to the order;
           to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of, any 
        activity described above or any person whose property 
        and interests in property are blocked pursuant to the 
        order; 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 the order.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Secretary of State, 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.

                                                      Barack Obama.
    The White House, March 6, 2014.
                            Executive Order

                              ----------                              


 Blocking Property of Certain Persons Contributing to the Situation in 
                                Ukraine

    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 212(f) of the Immigration 
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 
of title 3, United States Code,
    I, BARACK OBAMA, President of the United States of America, 
find that the actions and policies of persons--including 
persons who have asserted governmental authority in the Crimean 
region without the authorization of the Government of Ukraine--
that undermine democratic processes and institutions in 
Ukraine; threaten its peace, security, stability, sovereignty, 
and territorial integrity; and contribute to the 
misappropriation of its assets, constitute an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States, and I hereby declare a national 
emergency to deal with that threat. I hereby order:
    Section 1. (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: 
any person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State:
          (i) to be responsible for or complicit in, or to have 
        engaged in, directly or indirectly, any of the 
        following:
                  (A) actions or policies that undermine 
                democratic processes or institutions in 
                Ukraine;
                  (B) actions or policies that threaten the 
                peace, security, stability, sovereignty, or 
                territorial integrity of Ukraine; or
                  (C) misappropriation of state assets of 
                Ukraine or of an economically significant 
                entity in Ukraine;
          (ii) to have asserted governmental authority over any 
        part or region of Ukraine without the authorization of 
        the Government of Ukraine;
          (iii) to be a leader of an entity that has, or whose 
        members have, engaged in any activity described in 
        subsection (a)(i) or (a)(ii) of this section or of an 
        entity whose property and interests in property are 
        blocked pursuant to this order;
          (iv) to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of, any 
        activity described in subsection (a)(i) or (a)(ii) of 
        this section or any person whose property and interests 
        in property are blocked pursuant to this order; or
          (v) 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.
    (b) 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. 2. I hereby find that the unrestricted immigrant and 
nonimmigrant entry into the United States of aliens determined 
to meet one or more of the criteria in subsection 1(a) of this 
order would be detrimental to the interests of the United 
States, and I hereby suspend entry into the United States, as 
immigrants or nonimmigrants, of such persons. Such persons 
shall be treated as persons covered by section 1 of 
Proclamation 8693 of July 24, 2011 (Suspension of Entry of 
Aliens Subject to United Nations Security Council Travel Bans 
and International Emergency Economic Powers Act Sanctions).
    Sec. 3. I hereby determine that the making of donations of 
the type of articles specified in section 203(b)(2) of IEEPA 
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person 
whose property and interests in property are blocked pursuant 
to section 1 of this order would seriously impair my ability to 
deal with the national emergency declared in this order, and I 
hereby prohibit such donations as provided by section 1 of this 
order.
    Sec. 4. The prohibitions in section 1 of this order include 
but are not limited to:
    (a) the making of any contribution or provision of funds, 
goods, or services by, to, or for the benefit of any person 
whose property and interests in property are blocked pursuant 
to this order; and
    (b) the receipt of any contribution or provision of funds, 
goods, or services from any such person.
    Sec. 5. (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. 6. 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; and
    (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.
    Sec. 7. For those persons whose property and interests in 
property are blocked pursuant to this order who might have a 
constitutional presence in the United States, I find that 
because of the ability to transfer funds or other assets 
instantaneously, prior notice to such person of measures to be 
taken pursuant to this order would render those measures 
ineffectual. I therefore determine that for these measures to 
be effective in addressing the national emergency declared in 
this order, there need be no prior notice of a listing or 
determination made pursuant to section 1 of this order.
    Sec. 8. 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, 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. 9. 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. 10. 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, March 6, 2014.

                                  
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