[House Document 114-80]
[From the U.S. Government Publishing Office]
114th Congress, 1st Session - - - - - - - - - - House Document 114-80
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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
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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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