[House Document 114-80]
[From the U.S. Government Publishing Office]




114th Congress, 1st Session - - - - - - - - - - House Document 114-80
_____________________________________________________________________




 
 BLOCKING PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE SITUATION IN 
                                BURUNDI

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

 A DECLARATION OF 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 BURUNDI, PURSUANT TO 50 U.S.C. 
        1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627)

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 November 30, 2015.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-011                         WASHINGTON : 2015                          
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                     Washington, November 22, 2015.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC
    Dear Mr. Speaker: 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'') 
that declares 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 Burundi.
    I have determined that the situation in Burundi, which has 
been marked by the killing of and violence against civilians, 
unrest, the incitement of imminent violence, and significant 
political repression, and which threatens the peace, security, 
and stability of Burundi, constitutes an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States, and warrants the declaration of a 
national emergency and the imposition of sanctions.
    The order is not targeted at the people of Burundi, but 
rather is aimed at activities by the government and armed 
groups that contribute to the turmoil there. It blocks the 
property and interests in property of persons listed in an 
Annex to the order and provides criteria for blocking the 
property and interests in property 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 in or in relation to Burundi:
                   actions or policies that threaten the 
                peace, security, or stability of Burundi;
                   actions or policies that undermine 
                democratic processes or institutions in 
                Burundi;
                   human rights abuses;
                   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 other 
                conduct that may constitute a serious abuse or 
                other violation of human rights or a violation 
                of international humanitarian law;
                   actions or policies that prohibit, 
                limit, or penalize the exercise of freedom of 
                expression or freedom of peaceful assembly;
                   the use or recruitment of children by 
                armed groups or armed forces;
                   the obstruction of the delivery or 
                distribution of, or access to, humanitarian 
                assistance; or
                   attacks, attempted attacks, or threats 
                against United Nations missions, international 
                security presences, or other peacekeeping 
                operations;
           to be a leader or official of:
                   an entity, including any government 
                entity or armed group, that has, or whose 
                members have, engaged in any of the activities 
                described above; or
                   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 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, directly 
        or indirectly, 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 listed in the Annex or determined to meet 
one or more of the above criteria.
    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 executive agencies 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.
            Sincerely,
                                                      Barack Obama.

                            Executive Order

                              ----------                              


 Blocking Property of Certain Persons Contributing to the Situation in 
                                Burundi

    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 situation in Burundi, which has been marked by 
the killing of and violence against civilians, unrest, the 
incitement of imminent violence, and significant political 
repression, and which threatens the peace, security, and 
stability of Burundi, constitutes 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 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 responsible for or complicit in, or 
                to have engaged in, directly or indirectly, any 
                of the following in or in relation to Burundi:
                          (1) actions or policies that threaten 
                        the peace, security, or stability of 
                        Burundi;
                          (2) actions or policies that 
                        undermine democratic processes or 
                        institutions in Burundi;
                          (3) human rights abuses;
                          (4) 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 other conduct that 
                        may constitute a serious abuse or 
                        violation of human rights or a 
                        violation of international humanitarian 
                        law;
                          (5) actions or policies that 
                        prohibit, limit, or penalize the 
                        exercise of freedom of expression or 
                        freedom of peaceful assembly;
                          (6) the use or recruitment of 
                        children by armed groups or armed 
                        forces;
                          (7) the obstruction of the delivery 
                        or distribution of, or access to, 
                        humanitarian assistance; or
                          (8) attacks, attempted attacks, or 
                        threats against United Nations 
                        missions, international security 
                        presences, or other peacekeeping 
                        operations;
                  (B) to be a leader or official of:
                          (1) an entity, including any 
                        government entity or armed group, that 
                        has, or whose members have, engaged in 
                        any of the activities described in 
                        subsection (a)(ii)(A) of this section; 
                        or
                          (2) an entity whose property and 
                        interests in property are blocked 
                        pursuant to this order;
                  (C) to have materially assisted, sponsored, 
                or provided financial, material, or 
                technological support for, or goods or services 
                to or in support of:
                          (1) any of the activities described 
                        in subsection (a)(ii)(A) of this 
                        section; or
                          (2) any person whose property and 
                        interests in property are blocked 
                        pursuant to this order; or
                  (D) 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 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 
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 determine that 
circumstances no longer warrant the blocking of the property 
and interests in property of a person listed in the Annex to 
this order, and to take necessary action to give effect to that 
determination.
    Sec. 10. 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. 11. 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.
    Sec. 12. This order is effective at 12:01 a.m. eastern 
standard time on November 23, 2015.

                                                      Barack Obama.
    The White House, November 22, 2015.




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