[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
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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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