[House Document 115-155]
[From the U.S. Government Publishing Office]
115th Congress, 2d Session - - - - - - - - - - - - House Document 115-
155
AUTHORIZING THE IMPLEMENTATION OF CERTAIN SANCTIONS SET FORTH IN THE
COUNTERING AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH
RESPECT TO THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO EXECUTIVE
ORDER 13660 OF MARCH 6, 2014, AS EXPANDED IN SCOPE AND RELIED UPON FOR
ADDITIONAL STEPS TAKEN IN SUBSEQUENT EXECUTIVE ORDERS, AND EXECUTIVE
ORDER 13694 OF APRIL 1, 2015, AS RELIED UPON FOR ADDITIONAL STEPS TAKEN
IN EXECUTIVE ORDER 13757 OF DECEMBER 28, 2016, PURSUANT TO 50 U.S.C.
1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 24, 2018.--Referred jointly to the Committees on Foreign
Affairs, Financial Services, and the Judiciary and ordered to be
printed
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U.S. GOVERNMENT PUBLISHING OFFICE
79-011 WASHINGTON : 2018
The White House,
Washington, September 20, 2018.
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 to take additional
steps with respect to the national emergencies declared in
Executive Order 13660 of March 6, 2014, as expanded in scope
and relied upon for additional steps taken in subsequent
Executive Orders, and Executive Order 13694 of April 1, 2015,
as relied upon for additional steps taken in Executive Order
13757 of December 28, 2016.
Title II of the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44) (CAATSA) and the Ukraine
Freedom Support Act of 2014 (Public Law 113-272), as amended
(UFSA), provide for the imposition of certain sanctions with
respect to the Russian Federation. The Executive Order I issued
will further the implementation of those sanctions by providing
authority under IEEPA to the Secretary of the Treasury to take
certain actions with respect to those sanctions and directing
departments and agencies of the United States Government to
take all appropriate measures within their authority to ensure
the full implementation of those sanctions. These sanctions may
include prohibitions on certain financial transactions;
blocking all property and interests in property; denial of
export licenses; denial of visas and entry into the United
States; and imposition of sanctions on the principal executive
officer or officers of sanctioned persons.
I have authorized the Secretary of the Treasury, in
consultation with the Secretary of State, to take such actions,
including promulgating rules and regulations, and to employ all
powers granted to the President by IEEPA and certain sections
of CAATSA and UFSA as may be necessary to carry out the
purposes of the Executive Order.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Donald J. Trump.
Executive Order
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Authorizing the Implementation of Certain Sanctions Set Forth in the
Countering America's Adversaries Through Sanctions Act
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.), the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44) (CAATSA), the Ukraine
Freedom Support Act of 2014 (Public Law 113-272), as amended
(UFSA), 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, DONALD J. TRUMP, President of the United States of
America, in order to take additional steps with respect to the
national emergencies declared in Executive Order 13660 of March
6, 2014, as expanded in scope and relied upon for additional
steps taken in subsequent Executive Orders, and Executive Order
13694 of April 1, 2015, as relied upon for additional steps
taken in Executive Order 13757 of December 28, 2016, hereby
order:
Section 1. (a) When the President, or the Secretary of
State or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of
such delegation, has determined that sanctions shall be imposed
on a person pursuant to sections 224(a)(2), 231(a), 232(a), or
233(a) of CAATSA and has selected from section 235 of CAATSA
any of the sanctions set forth below to impose on that person,
the Secretary of the Treasury, in consultation with the
Secretary of State, shall take the following actions where
necessary to implement the sanctions selected and maintained by
the President, the Secretary of State, or the Secretary of the
Treasury:
(i) prohibit any United States financial institution
from making loans or providing credits to the
sanctioned person totaling more than $10,000,000 in any
12-month period, unless the person is engaged in
activities to relieve human suffering and the loans or
credits are provided for such activities;
(ii) prohibit any transactions in foreign exchange
that are subject to the jurisdiction of the United
States and in which the sanctioned person has any
interest;
(iii) prohibit any transfers of credit or payments
between financial institutions, or by, through, or to
any financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
sanctioned person;
(iv) block all property and interests in property of
the sanctioned person 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, and provide that such
property and interests in property may not be
transferred, paid, exported, withdrawn, or otherwise
dealt in;
(v) prohibit any United States person from investing
in or purchasing significant amounts of equity or debt
instruments of the sanctioned person; or
(vi) impose on the principal executive officer or
officers of the sanctioned person, or on persons
performing similar functions and with similar
authorities as such officer or officers, the sanctions
described in subsections (a)(i)-(a)(v) of this section,
as selected by the President, the Secretary of State,
or the Secretary of the Treasury.
(b) The prohibitions in subsection (a)(iv) of this section
include:
(i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of
any sanctioned person whose property and interests in
property are blocked pursuant to this order; and
(ii) the receipt of any contribution or provision of
funds, goods, or services from any such sanctioned
person.
(c) The prohibitions in 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.
Sec. 2. (a) When the President, or the Secretary of State
or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of
such delegation, has determined that sanctions shall be imposed
on a person pursuant to sections 224(a)(2), 231(a), 232(a), or
233(a) of CAATSA and has selected from section 235 of CAATSA
any of the sanctions set forth below to impose on that person,
the heads of relevant departments and agencies, in consultation
with the Secretary of State and the Secretary of the Treasury,
as appropriate, shall ensure that the following actions are
taken where necessary to implement the sanctions selected and
maintained by the President, the Secretary of State, or the
Secretary of the Treasury:
(i) The Export-Import Bank shall deny approval of the
issuance of any guarantee, insurance, extension of
credit, or participation in an extension of credit in
connection with the export of any goods or services to
the sanctioned person;
(ii) Departments and agencies shall not issue any
specific license or grant any other specific permission
or authority under any statute that requires the prior
review or approval of the United States Government as a
condition for the export or reexport of goods or
technology to the sanctioned person;
(iii) The United States executive director of each
international financial institution shall use the voice
and vote of the United States to oppose any loan from
the international financial institution that would
benefit the sanctioned person;
(iv) With respect to a sanctioned person that is a
financial institution: the Board of Governors of the
Federal Reserve System and the Federal Reserve Bank of
New York shall not designate, or permit the
continuation of any prior designation of, the
sanctioned person as a primary dealer in United States
Government debt instruments; and departments and
agencies shall prevent the sanctioned person from
serving as an agent of the United States Government or
serving as a repository for United States Government
funds;
(v) Departments and agencies shall not procure, or
enter into a contract for the procurement of, any goods
or services from the sanctioned person;
(vi) The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from
the United States, any alien that the President, the
Secretary of State, or the Secretary of the Treasury
determines is a corporate officer or principal of, or a
shareholder with a controlling interest in, the
sanctioned person by treating the person as 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); or
(vii) The heads of the relevant departments and
agencies, as appropriate, shall impose on the principal
executive officer or officers of the sanctioned person,
or on persons performing similar functions and with
similar authorities as such officer or officers, the
sanctions described in subsections (a)(i)-(a)(vi) of
this section, as selected by the President, the
Secretary of State, or the Secretary of the Treasury.
(b) The prohibitions in 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.
Sec. 3. (a) When the President, or the Secretary of State
or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of
such delegation, has determined that sanctions shall be imposed
on a person pursuant to section 224(a)(3) of CAATSA or sections
4(a) or 4(b) of UFSA and has selected from section 4(c) of UFSA
any of the sanctions set forth below to impose on that person,
the Secretary of the Treasury, in consultation with the
Secretary of State, shall take the following actions where
necessary to implement the sanctions selected and maintained by
the President, the Secretary of State, or the Secretary of the
Treasury:
(i) block all property and interests in property of
the sanctioned person 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, and provide that such
property and interests in property may not be
transferred, paid, exported, withdrawn, or otherwise
dealt in;
(ii) prohibit any transfers of credit or payments
between financial institutions, or by, through, or to
any financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
sanctioned person;
(iii) prohibit any United States person from
transacting in, providing financing for, or otherwise
dealing in certain debt or equity of the sanctioned
person, in accordance with section 4(c)(7) of UFSA; or
(iv) impose on the principal executive officer or
officers of the sanctioned person, or on persons
performing similar functions and with similar
authorities as such officer or officers, the sanctions
described in subsections (a)(i)-(a)(iii) of this
section, as selected by the President, the Secretary of
State, or the Secretary of the Treasury.
(b) The prohibitions in subsection (a)(1) of this section
include:
(i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of
any sanctioned person whose property and interests in
property are blocked pursuant to this order; and
(ii) the receipt of any contribution or provision of
funds, goods, or services from any such sanctioned
person.
(c) The prohibitions in 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.
Sec. 4. (a) When the President, or the Secretary of State
or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of
such delegation, has determined that sanctions shall be imposed
on a person pursuant to section 224(a)(3) of CAATSA or sections
4(a) or 4(b) of UFSA and has selected from section 4(c) of UFSA
any of the sanctions set forth below to impose on that person,
the heads of relevant departments and agencies, in consultation
with the Secretary of State and the Secretary of the Treasury,
as appropriate, shall ensure that the following actions are
taken where necessary to implement the sanctions selected and
maintained by the President, the Secretary of State, or the
Secretary of the Treasury:
(i) The Export-Import Bank shall deny approval of the
issuance of any guarantee, insurance, extension of
credit, or participation in an extension of credit in
connection with the export of any goods or services to
the sanctioned person;
(ii) Departments and agencies shall not procure, or
enter into a contract for the procurement of, any goods
or services from the sanctioned person;
(iii) Departments and agencies shall prohibit the
exportation, or provision by sale, lease or loan,
grant, or other means, directly or indirectly, of any
defense article or defense service to the sanctioned
person and shall not issue any license or other
approval to the sanctioned person under section 38 of
the Arms Export Control Act (22 U.S.C. 2778);
(iv) Departments and agencies shall not issue any
license, and shall suspend any license, for the
transfer to the sanctioned person of any item the
export of which is controlled under the Export Control
Reform Act of 2018 (subtitle B of title XVII of Public
Law 115-232), or the Export Administration Regulations
under subchapter C of chapter VII of title 15, Code of
Federal Regulations;
(v) The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from
the United States, the sanctioned person by treating
the person as covered by section 1 of Proclamation
8693; or
(vi) The heads of the relevant departments and
agencies, as appropriate, shall impose on the principal
executive officer or officers of the sanctioned person,
or on persons performing similar functions and with
similar authorities as such officer or officers, the
sanctions described in subsections (a)(i)-(a)(v) of
this section, as selected by the President, the
Secretary of State, or the Secretary of the Treasury.
(b) The prohibitions in 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.
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. I hereby determine that, to the extent section
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making
of donations of the types of articles specified in such section
by, to, or for the benefit of any sanctioned person whose
property and interests in property are blocked pursuant to this
order would seriously impair my ability to deal with the
national emergencies declared in Executive Orders 13660 and
13694, and I hereby prohibit such donations as provided by
sections 1(a)(iv) and 3(a)(1) of this order.
Sec. 7. 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;
(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
within the United States;
(d) the term ``financial institution'' includes: (i) a
depository institution (as defined in section 3(c)(1) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1))),
including a branch or agency of a foreign bank (as defined in
section 1(b)(7) of the International Banking Act of 1978 (12
U.S.C. 3101(7))); (ii) a credit union; (iii) a securities firm,
including a broker or dealer; (iv) an insurance company,
including an agency or underwriter; and (v) any other company
that provides financial services;
(e) the term ``international financial institution'' has
the meaning given that term in section 1701(c) of the
International Financial Institutions Act (22 U.S.C. 262r(c));
(f) the term ``United States financial institution'' means
a financial institution (including its foreign branches)
organized under the laws of the United States or of any
jurisdiction within the United States or located in the United
States; and
(g) the term ``sanctioned person'' means a person that the
President, or the Secretary of State or the Secretary of the
Treasury pursuant to authority delegated by the President and
in accordance with the terms of such delegation, has determined
is a person on whom sanctions shall be imposed pursuant to
sections 224(a)(2), 224(a)(3), 231(a), 232(a), or 233(a) of
CAATSA or sections 4(a) or 4(b) of UFSA and on whom the
President, the Secretary of State, or the Secretary of the
Treasury has imposed any of the sanctions in section 235 of
CAATSA or section 4(c) of UFSA.
Sec. 8. 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 with respect to such property or interests in property
pursuant to this order would render those measures ineffectual.
I therefore determine that for these measures to be effective
in addressing the national emergencies declared in Executive
Orders 13660 and 13694, there need be no prior notice of an
action taken pursuant to this order with respect to such
property or interests in property.
Sec. 9. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens on whom sanctions described in
sections 1(a)(iv) or 3(a)(i) of this order have been imposed
would be detrimental to the interests of the United States, and
the entry of such persons into the United States, as immigrants
or nonimmigrants, is hereby suspended. Such persons shall be
treated as persons covered by section 1 of Proclamation 8693.
Sec. 10. 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
sections 224(a)(2), 224(a)(3), 231(a), 231(e), 232(a), 233(a),
and 235 of CAATSA and sections 4(a)-(c) and 4(h) of UFSA with
respect to powers to impose sanctions, as may be necessary to
carry out the purposes of this order. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions within the Department of the Treasury. All
departments and agencies of the United States Government shall
take all appropriate measures within their authority to carry
out the provisions of this order.
Sec. 11. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) 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.
Donald J. Trump.
The White House, September 20, 2018.
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