[House Document 115-6]
[From the U.S. Government Publishing Office]
115th Congress, 1st Session - - - - - - - - - - House Document 115-6
RECOGNIZING POSITIVE ACTIONS BY THE GOVERNMENT OF SUDAN AND PROVIDING
FOR THE REVOCATION OF CERTAIN SUDAN-RELATED SANCTIONS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER REVOKING SECTION 1 AND 2 OF EXECUTIVE ORDER 13067 OF
NOVEMBER 3, 1997, AND REVOKING EXECUTIVE ORDER 13412 OF OCTOBER 13,
2006, 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]
January 13, 2017.--Referred to the Committee on Foreign Affairs and
ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-011 WASHINGTON : 2017
The White House,
Washington, January 13, 2017.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with subsection 204(b) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(b),
I hereby report that I have issued an Executive Order (the
``order'') that revokes sections 1 and 2 of Executive Order
13067 of November 3, 1997, and revokes Executive Order 13412 of
October 13, 2006, in its entirety. Both actions are effective
180 days from January 13, 2017, provided that certain further
action is taken by the Secretary of State on or before that
date. I have determined that the situation that gave rise to
the actions taken in those orders related to the policies and
actions of the Government of Sudan has been altered by Sudan's
positive actions over the past 6 months. These actions include
a marked reduction in offensive military activity, culminating
in a pledge to maintain a cessation of hostilities in conflict
areas in Sudan, and steps toward the improvement of
humanitarian access throughout Sudan, as well as cooperation
with the United States on addressing regional conflicts and the
threat of terrorism.
The President issued Executive Order 13067 to deal with the
unusual and extraordinary threat to the national security and
foreign policy of the United States posed by the actions and
policies of the Government of Sudan, including support for
international terrorism; efforts to destabilize neighboring
governments; and the prevalence of human rights violations.
Section 1 of Executive Order 13067 blocks the property and
interests in property of the Government of Sudan, and section 2
prohibits a broad range of trade and investment-related
transactions with Sudan, including imports from and exports to
Sudan. The President expanded the scope of the national
emergency declared in Executive Order 13067 in Executive Order
13400 of April 26, 2006, which blocks the property and
interests in property of certain persons in connection with the
conflict in Darfur. The President took additional steps with
respect to the national emergency declared in Executive Order
13067 in Executive Order 13412 due to policies and actions of
the Government of Sudan that violated human rights, in
particular with respect to the conflict in Darfur, and the
pervasive role played by the Government of Sudan in the
petroleum and petrochemical industries in Sudan. Executive
Order 13412 continues the blocking of the Government of Sudan,
specifies new prohibitions relating to Sudan's petroleum
industry, and exempts certain specified areas in Sudan from the
trade prohibitions found in Executive Order 13067.
With the positive steps taken by the Government of Sudan
over the last 6 months, and provided that these positive
actions are sustained over the next 180 days, there will be no
further need for sections 1 and 2 of Executive Order 13067 or
for Executive Order 13412. The 180-day delay period of the
order's effective date with respect to removing these
provisions is intended to encourage the Government of Sudan to
sustain its efforts in these areas. The order directs the
Secretary of State, in consultation with the Secretary of the
Treasury, the Director of National Intelligence, and the
Administrator of the U.S. Agency for International Development,
and based on a consideration of relevant and credible
information from available sources, including nongovernmental
organizations, on or before July 12, 2017, to provide a report
to the President on the Government of Sudan's progress in
sustaining the positive actions taken by the Government of
Sudan that gave rise to the order, including carrying out the
Government of Sudan's pledge to maintain a cessation of
hostilities in conflict areas in Sudan; continuing improvement
of humanitarian access throughout Sudan; and maintaining its
cooperation with the United States on addressing regional
conflicts and the threat of terrorism. As much of the report as
possible shall be unclassified and made public. Provided that
the Secretary of State, in consultation with the Secretary of
the Treasury, the Director of National Intelligence, and the
Administrator of the U.S. Agency for International Development,
publishes on or before July 12, 2017, a notice in the Federal
Register stating that the Government of Sudan has sustained the
positive actions that gave rise to the order and has provided
to the President the report described above, the revocation of
sections 1 and 2 of Executive Order 13067 and the revocation of
Executive Order 13412 will become effective. The national
emergency the President declared in Executive Order 13067 will
remain in place, as will Executive Order 13400.
The order further directs the Secretary of State, in
consultation with the Secretary of the Treasury, the Director
of National Intelligence, and the Administrator of the U.S.
Agency for International Development, to provide to the
President an updated version of the report described above
annually thereafter and, concurrent with those reports, to
publish in the Federal Register a notice stating whether the
Government of Sudan has sustained the positive actions that
gave rise to the order. As much of the annual reports as
possible shall be unclassified and made public. In addition, to
the extent an annual report concludes that the Government of
Sudan has or has not sustained the positive actions that gave
rise to the order, the order directs the Secretary of State, in
consultation with the Secretary of the Treasury, the Director
of National Intelligence, and the Administrator of the U.S.
Agency for International Development, to provide to the
President recommendations on appropriate U.S. Government
responses.
For these reasons, I have determined that it is necessary
to revoke sections 1 and 2 of Executive Order 13067 and to
revoke Executive Order 13412 on July 12, 2017, provided that
further action is taken by the Secretary of State, as set forth
in the order. Consistent with this determination, I have waived
in the order the application of section 908(a)(1) of the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201-7211) with respect to Sudan, and sections 6(a) and (b) of
the Comprehensive Peace in Sudan Act of 2004, as amended
(Public Law 108-497).
I am enclosing a copy of the Executive Order I have issued.
The order is effective on January 13, 2017, except for sections
1, 4, 5, 6, and 7 of the order, which are effective on July 12,
2017, provided that further action is taken by the Secretary of
State as set forth in the order.
Sincerely,
Barack Obama.
Executive Order
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Recognizing Positive Actions by the Government of Sudan and Providing
for the Revocation of Certain Sudan-Related Sanctions
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.), the National Emergencies Act (50 U.S.C.
1601 et seq.), the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201-7211) (TSRA), the
Comprehensive Peace in Sudan Act of 2004, as amended (Public
Law 108-497) (CPSA), the Darfur Peace and Accountability Act of
2006 (Public Law 109-344) (DPAA), and section 301 of title 3,
United States Code,
I, BARACK OBAMA, President of the United States of America,
find that the situation that gave rise to the actions taken in
Executive Order 13067 of November 3, 1997, and Executive Order
13412 of October 13, 2006, related to the policies and actions
of the Government of Sudan has been altered by Sudan's positive
actions over the past 6 months. These actions include a marked
reduction in offensive military activity, culminating in a
pledge to maintain a cessation of hostilities in conflict areas
in Sudan, and steps toward the improvement of humanitarian
access throughout Sudan, as well as cooperation with the United
States on addressing regional conflicts and the threat of
terrorism. Given these developments, and in order to see these
efforts sustained and enhanced by the Government of Sudan, I
hereby order:
Section 1. Effective July 12, 2017, and provided the
criteria in section 12(b) of this order are met, sections 1 and
2 of Executive Order 13067 of November 3, 1997, are revoked,
and Executive Order 13412 of October 13, 2006, is revoked in
its entirety. The revocation of those provisions of Executive
Order 13067 and of Executive Order 13412 shall not affect any
violation of any rules, regulations, orders, licenses, or other
forms of administrative action under those orders during the
period that those provisions were in effect.
Sec. 2. Pursuant to section 908(a)(3) of TSRA, I hereby
determine that it is in the national security interest of the
United States to waive, and hereby waive, the application of
section 908(a)(1) of TSRA with respect to Sudan.
Sec. 3. Pursuant to section 6(d) of CPSA, I hereby
determine and certify that it is in the national interest of
the United States to waive, and hereby waive, the application
of sections 6(a) and (b) of CPSA.
Sec. 4. The function of the President under section 6(c)
(1) of CPSA is assigned to the Secretary of the Treasury.
Sec. 5. The functions of the President under section
6(c)(2) and the last sentence of section 6(d) of CPSA are
assigned to the Secretary of State, except that the function of
denial of entry is assigned to the Secretary of Homeland
Security.
Sec. 6. The function of the President under section 8 of
DPAA is assigned to the Secretary of State.
Sec. 7. The Secretary of the Treasury and the Secretary of
Commerce are authorized to issue regulations, licenses, and
orders, and conduct such investigations as may be necessary, to
implement the provisions of section 906 of TSRA.
Sec. 8. This order is not intended to, and does not,
otherwise affect the national emergency declared in Executive
Order 13067 of November 3, 1997, as expanded in scope by
Executive Order 13400 of April 26, 2006, which shall remain in
place.
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.
Sec. 10. On or before July 12, 2017, the Secretary of
State, in consultation with the Secretary of the Treasury, the
Director of National Intelligence, and the Administrator of the
U.S. Agency for International Development, and based on a
consideration of relevant and credible information from
available sources, including nongovernmental organizations,
shall provide to the President a report on whether the
Government of Sudan has sustained the positive actions that
gave rise to this order, including carrying out its pledge to
maintain a cessation of hostilities in conflict areas in Sudan;
continued improvement of humanitarian access throughout Sudan;
and maintaining its cooperation with the United States on
addressing regional conflicts and the threat of terrorism. As
much of the report as possible, consistent with sources and
methods, shall be unclassified and made public.
Sec. 11. (a) The Secretary of State, in consultation with
the Secretary of the Treasury, the Director of National
Intelligence, and the Administrator of the U.S. Agency for
International Development, and based on a consideration of
relevant and credible information from available sources,
including nongovernmental organizations, shall provide to the
President an updated version of the report required in section
10 of this order annually thereafter. As much of the report as
possible, consistent with sources and methods, shall be
unclassified and made public. To the extent a report concludes
that the Government of Sudan has or has not sustained the
positive actions that gave rise to this order, the Secretary of
State, in consultation with the Secretary of the Treasury, the
Director of National Intelligence, and the Administrator of the
U.S. Agency for International Development, shall provide to the
President recommendations on appropriate U.S. Government
responses.
(b) Concurrent with the provision of the reports required
in section 11(a) of this order, the Secretary of State, in
consultation with the Secretary of the Treasury, the Director
of National Intelligence, and the Administrator of the U.S.
Agency for International Development, shall publish a notice in
the Federal Register stating whether the Government of Sudan
has sustained the positive actions that gave rise to this
order.
Sec. 12. (a) This order is effective on January 13, 2017,
except for sections 1, 4, 5, 6, and 7 of this order;
(b) Sections 1, 4, 5, 6, and 7 of this order are effective
on July 12, 2017, provided that the Secretary of State, in
consultation with the Secretary of the Treasury, the Director
of National Intelligence, and the Administrator of the U.S.
Agency for International Development, has published a notice in
the Federal Register on or before that date, stating that the
Government of Sudan has sustained the positive actions that
gave rise to this order and that the Secretary of State has
provided to the President the report described in section 10 of
this order.
Barack Obama.
The White House, January 13, 2017.
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