[House Document 114-124]
[From the U.S. Government Publishing Office]






114th Congress, 2d Session - - - - - - - - - House Document 114-124
 
  EXPANDING THE SCOPE OF THE NATIONAL EMERGENCY WITH RESPECT TO LIBYA

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

  EXPANDING THE SCOPE OF THE NATIONAL EMERGENCY DECLARED IN EXECUTIVE 
   ORDER 13566 OF FEBRUARY 25, 2011, WITH RESPECT TO THE UNUSUAL AND 
EXTRAORDINARY THREAT TO THE NATIONAL SECURITY AND FOREIGN POLICY OF THE 
             UNITED STATES POSED BY THE SITUATION IN LIBYA

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


   April 19, 2016.--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'') expanding the scope 
of the national emergency declared in Executive Order 13566 of 
February 25, 2011, with respect to the unusual and 
extraordinary threat to the national security and foreign 
policy of the United States posed by the situation in Libya.
    In the order, I find that the ongoing violence in Libya, 
including attacks by armed groups against Libyan state 
facilities, foreign missions in Libya, and critical 
infrastructure, as well as human rights abuses, violations of 
the arms embargo imposed by United Nations Security Council 
Resolution 1970 (2011), and misappropriation of Libya's natural 
resources threaten the peace, security, stability, sovereignty, 
democratic transition, and territorial integrity of Libya, and 
thereby constitute an unusual and extraordinary threat to the 
national security and foreign policy of the United States. The 
order blocks the property and interests in property of persons 
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 threaten the peace, 
        security, or stability of Libya, including through the 
        supply of arms or related materiel;
           actions or policies that obstruct, undermine, 
        delay, or impede, or pose a significant risk of 
        obstructing, undermining, delaying, or impeding, the 
        adoption of or political transition to a Government of 
        National Accord or a successor government;
           actions that may lead to or result in the 
        misappropriation of state assets of Libya; or
           threatening or coercing Libyan state financial 
        institutions or the Libyan National Oil Company;
     to be planning, directing, or committing or to 
have planned, directed, or committed, attacks against any 
Libyan state facility or installation (including oil 
facilities), against any air, land, or sea port in Libya, or 
against any foreign mission in Libya;
     to be involved in, or to have been involved in, 
the targeting of civilians through the commission of acts of 
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;
     to be involved in, or to have been involved in, 
the illicit exploitation of crude oil or any other natural 
resources in Libya, including the illicit production, refining, 
brokering, sale, purchase, or export of Libyan oil;
     to be a leader of an entity that has, or whose 
members have, engaged in any activity described above;
     to have materially assisted, sponsored, or 
provided financial, material, logistical, or technological 
support for, or goods or services in support of any of the 
activities 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, any person whose property 
and interests in property are blocked pursuant to the order.
    In addition, the order suspends entry into the United 
States of any alien determined to meet one or more of the above 
criteria.
    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 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, April 19, 2016.

                            Executive Order

                              ----------                              


   Blocking Property and Suspending Entry Into the United States of 
             Persons Contributing to the Situation in Libya

    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 of 1945, as amended (22 U.S.C. 287c) (UNPA), 
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, 
hereby expand the scope of the national emergency declared in 
Executive Order 13566 of February 25, 2011, finding that the 
ongoing violence in Libya, including attacks by armed groups 
against Libyan state facilities, foreign missions in Libya, and 
critical infrastructure, as well as human rights abuses, 
violations of the arms embargo imposed by United Nations 
Security Council Resolution 1970 (2011), and misappropriation 
of Libya's natural resources threaten the peace, security, 
stability, sovereignty, democratic transition, and territorial 
integrity of Libya, and thereby constitute an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States. To address this threat, and in 
view of United Nations Security Council Resolutions 2174 of 
August 27, 2014, and 2213 of March 27, 2015, 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 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 threaten the 
                peace, security, or stability of Libya, 
                including through the supply of arms or related 
                materiel;
                  (B) actions or policies that obstruct, 
                undermine, delay, or impede, or pose a 
                significant risk of obstructing, undermining, 
                delaying, or impeding, the adoption of or 
                political transition to a Government of 
                National Accord or a successor government;
                  (C) actions that may lead to or result in the 
                misappropriation of state assets of Libya; or
                  (D) threatening or coercing Libyan state 
                financial institutions or the Libyan National 
                Oil Company;
          (ii) to be planning, directing, or committing, or to 
        have planned, directed, or committed, attacks against 
        any Libyan state facility or installation (including 
        oil facilities), against any air, land, or sea port in 
        Libya, or against any foreign mission in Libya;
          (iii) to be involved in, or to have been involved in, 
        the targeting of civilians through the commission of 
        acts of 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;
          (iv) to be involved in, or to have been involved in, 
        the illicit exploitation of crude oil or any other 
        natural resources in Libya, including the illicit 
        production, refining, brokering, sale, purchase, or 
        export of Libyan oil;
          (v) to be a leader of an entity that has, or whose 
        members have, engaged in any activity described in 
        subsections (a)(i), (a)(ii), (a)(iii), or (a)(iv) of 
        this section;
          (vi) to have materially assisted, sponsored, or 
        provided financial, material, logistical, or 
        technological support for, or goods or services in 
        support of (A) any of the activities described in 
        subsections (a)(i), (a)(ii), (a)(iii), or (a)(iv) of 
        this section or (B) any person whose property and 
        interests in property are blocked pursuant to this 
        order; or
          (vii) to be owned or controlled by, or to have acted 
        or purported to act for or on behalf of, 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 date 
of this order. The prohibitions in subsection (a) of this 
section are in addition to export control authorities 
implemented by the Department of Commerce.
    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 section 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). 
Further, United Nations Security Council Resolution 2174 shall 
be treated as a Resolution listed in Annex A of Proclamation 
8693.
    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 Executive Order 
13566 and expanded 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.
    (d) the term ``Government of National Accord or a successor 
government'' means:
          (i) a Government of National Accord formed pursuant 
        to the terms of the Libyan Political Agreement signed 
        in Skhirat, Morocco, on December 17, 2015, or any 
        amendments thereto;
          (ii) a governmental authority formed under the Libyan 
        Constitution pursuant to the terms of the Libyan 
        Political Agreement signed in Skhirat, Morocco, on 
        December 17, 2015, or any amendments thereto;
          (iii) any subdivision, agency, or instrumentality of 
        the foregoing, and any partnership, association, 
        corporation, or other organization owned or controlled, 
        directly or indirectly, by, or acting for or on behalf 
        of, the foregoing; or
          (iv) any other person determined by the Secretary of 
        the Treasury to be included within paragraphs (a) 
        through (c) of this section.
    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 persons 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 
Executive Order 13566 and expanded 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 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. 9. 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, April 19, 2016.

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