[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
__________
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
__________
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
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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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