[House Document 116-55]
[From the U.S. Government Publishing Office]




116th Congress, 1st Session - - - - - - - - - - House Document 116-55
 
 ADMINISTRATION OF PROLIFERATION SANCTIONS AND AMENDMENT OF EXECUTIVE 
                              ORDER 12851


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                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

AN EXECUTIVE ORDER WITH RESPECT TO THE PROLIFERATION OF WEAPONS OF MASS 
 DESTRUCTION AND MEANS OF DELIVERING THEM THAT TAKES ADDITIONAL STEPS 
   WITH RESPECT TO THE NATIONAL EMERGENCY DESCRIBED AND DECLARED IN 
EXECUTIVE ORDER 12938 OF NOVEMBER 14, 1994, AS AMENDED BY AND RELIED ON 
  FOR ADDITIONAL STEPS IN SUBSEQUENT EXECUTIVE ORDERS, 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]







August 6, 2019.--Referred jointly to the Committees on Foreign Affairs 
           and Financial Services, and ordered to be printed 

                            
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                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
89-011                  WASHINGTON : 2019
           
           


           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
                                           The White House,
                                        Washington, August 1, 2019.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: Pursuant to the International Emergency 
Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.), I hereby 
report that I have issued an Executive Order with respect to 
the proliferation of weapons of mass destruction and means of 
delivering them that takes additional steps with respect to the 
national emergency described and declared in Executive Order 
12938 of November 14, 1994, as amended by and relied on for 
additional steps in subsequent Executive Orders.
    The Executive Order I have issued directs the Secretary of 
the Treasury, in consultation with the Secretary of State, to 
take certain actions when the President, or the Secretary of 
State pursuant to authority delegated by the President and in 
accordance with the terms of such delegation, has pursuant to 
section 307(b)(1) of the Chemical and Biological Weapons 
Control and Warfare Elimination Act of 1991 (CBW Act), Public 
Law 102-182 (50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-5606), 
selected from section 307(b)(2) of that Act certain sanctions 
to impose on a country. The Executive Order directs the 
Secretary of the Treasury, in consultation with the Secretary 
of State, to take the following actions where necessary to 
implement the sanctions described in the CBW Act selected and 
maintained by the President or the Secretary of State:
          (i) oppose, in accordance with section 701 of the 
        International Financial Institutions Act (22 U.S.C. 
        262d), the extension of any loan or financial or 
        technical assistance to that country by international 
        financial institutions; or
          (ii) prohibit any United States bank from making any 
        loan or providing any credit to the government of that 
        country, except for loans or credits for the purpose of 
        purchasing food or other agricultural commodities or 
        products.
    The Executive Order additionally revises Executive Order 
12851 of June 11, 1993, by adding a corresponding delegation to 
the Secretary of the Treasury.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                                   Donald J. Trump.
















                            Executive Order

                              ----------                              


 Administration of Proliferation Sanctions and Amendment of Executive 
                              Order 12851

    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), sections 305-308 of the Chemical 
and Biological Weapons Control and Warfare Elimination Act of 
1991 (CBW Act), Public Law 102-182 (50 U.S.C. App. 2410c; 22 
U.S.C. 2798, 5604-5606), 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 emergency described and declared in Executive Order 
12938 of November 14, 1994, as amended by and relied on for 
additional steps in subsequent Executive Orders, hereby order:
    Section 1. (a) When the President, or the Secretary of 
State pursuant to authority delegated by the President and in 
accordance with the terms of such delegation, pursuant to 
section 307(b)(1) of the CBW Act, selects for imposition on a 
country one or more of the sanctions set forth below and in 
section 307(b)(2) of that Act, the Secretary of the Treasury, 
in consultation with the Secretary of State, shall take the 
following actions, when necessary, to implement such sanctions:
          (i) oppose, in accordance with section 701 of the 
        International Financial Institutions Act (22 U.S.C. 
        262d), the extension of any loan or financial or 
        technical assistance to that country by international 
        financial institutions; and
          (ii) prohibit any United States bank from making any 
        loan or providing any credit to the government of that 
        country, except for loans or credits for the purpose of 
        purchasing food or other agricultural commodities or 
        products.
    (b) The prohibition in subsection (a)(ii) of this section 
applies 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) Any transaction that evades or avoids, has the 
purpose of evading or avoiding, causes a violation of, or 
attempts to violate the prohibition set forth in section 
1(a)(ii) of this order is prohibited.
    (b) Any conspiracy formed to violate the prohibition set 
forth in section 1(a)(ii) of this order is prohibited.
    Sec. 3. Subsection (b) of section 1 of Executive Order 
12851 of June 11, 1993 (Administration of Proliferation 
Sanctions, Middle East Arms Control, and Related Congressional 
Reporting Responsibilities), is amended by adding the following 
new paragraph 4 after paragraph 3:
    ``(4) The authorities and duties vested in me to oppose 
certain multilateral development bank assistance and to 
prohibit certain bank loans as provided in section 
307(b)(2)(A)-(B), pursuant to a determination made by the 
Secretary of State under section 307(b)(1), are delegated to 
the Secretary of the Treasury.''
    Sec. 4. For the purposes of this order:
    (a) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization;
    (b) the term ``government'' means a government, any 
political subdivision, agency, or instrumentality thereof, and 
any person owned or controlled by, or acting for or on behalf 
of, that government; and
    (c) the term ``United States bank'' means any entity 
organized under the laws of the United States or any 
jurisdiction within the United States (including its foreign 
branches), or any entity in the United States, that is engaged 
in the business of accepting deposits, making, granting, 
transferring, holding, or brokering loans or credits, or 
purchasing or selling foreign exchange, securities, commodity 
futures, or options, or procuring purchasers and sellers 
thereof, as principal or agent.
    Sec. 5. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to take such 
actions, including promulgating rules and regulations, and to 
employ all powers granted to the President by IEEPA and the CBW 
Act as may be necessary to implement this order. The Secretary 
of the Treasury may, consistent with applicable law, redelegate 
any of these functions within the Department of the Treasury. 
All agencies of the United States Government shall take all 
appropriate measures within their authority to carry out the 
provisions of this order.
    Sec. 6. (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, August 1, 2019.

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