[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)
        
        
        
        
        
        
        

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  September 24, 2018.--Referred jointly to the Committees on Foreign 
   Affairs, Financial Services, and the Judiciary and ordered to be 
                                printed
                                
                                   ______

                     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

                              ----------                              


 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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