[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

                              ----------                              


 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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