[House Document 117-13]
[From the U.S. Government Publishing Office]


117th Congress, 1st Session--------------------HOUSE DOUCUMENT 117-13
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        BLOCKING PROPERTY WITH RESPECT TO THE SITUATION IN BURMA
                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 AN EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY WITH RESPECT TO THE 
 UNUSUAL AND EXTRAORDINARY THREAT TO THE NATIONAL SECURITY AND FOREIGN 
 POLICY OF THE UNITED STATES POSED BY THE SITUATION IN BURMA, PURSUANT 
 TO 50 U.S.C. 1701 ET SEQ.; 50 U.S.C. 1601 ET SEQ.; 8 U.S.C. 1182(f); 
                            AND 3 U.S.C. 301




 February 15, 2021.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                           The White House,
                                     Washington, February 10, 2021.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam 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 (the ``order'') 
declaring a national emergency with respect to the unusual and 
extraordinary threat to the national security and foreign 
policy of the United States posed by the situation in Burma. 
The order responds to the February 1, 2021, coup in Burma by 
targeting the military and its leaders, their business 
interests, and their close family members. The order holds to 
account those responsible for unjustly arresting and detaining 
government leaders, politicians, human rights defenders, 
journalists, and religious leaders; rejecting the will of the 
people of Burma as expressed in elections held in November 
2020; and undermining the country's democratic transition and 
the rule of law.
    The order would authorize the blocking of property and 
interests in property of any foreign person determined by the 
Secretary of the Treasury, in consultation with the Secretary 
of State:
           to operate in the defense sector of the 
        Burmese economy or any other sector of the Burmese 
        economy as may be determined by the Secretary of the 
        Treasury, in consultation with the Secretary of State;
           to be responsible for or complicit in, or to 
        have directly or indirectly engaged or attempted to 
        engage in, any of the following:
                   actions or policies that undermine 
                democratic processes or institutions in Burma;
                   actions or policies that threaten the 
                peace, security, or stability of Burma;
                   actions or policies that prohibit, 
                limit, or penalize the exercise of freedom of 
                expression or assembly by people in Burma, or 
                that limit access to print, online, or 
                broadcast media in Burma; or
                   the arbitrary detention or torture of 
                any person in Burma or other serious human 
                rights abuse in Burma;
           to be or have been a leader or official of:
                   the military or security forces of 
                Burma, or any successor entity to any of the 
                foregoing;
                   the Government of Burma on or after 
                February 2, 2021;
                   an entity that has, or whose members 
                have, engaged in any activity described in 
                subsection (a) (ii) of the order relating to 
                the leader's or official's tenure; or
                   an entity whose property and interests 
                in property are blocked pursuant to the order 
                as a result of activities related to the 
                leader's or official's tenure;
           to be a political subdivision, agency, or 
        instrumentality of the Government of Burma;
           to be a spouse or adult child of any person 
        whose property and interests in property are blocked 
        pursuant to the order;
           to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of any 
        person whose property and interests in property are 
        blocked pursuant to the order; or
           to be owned or controlled by, or to have 
        acted or purported to act for or on behalf of, directly 
        or indirectly, the military or security forces of Burma 
        or any person whose property and interests in property 
        are blocked pursuant to the order.
    In addition, the order suspends entry into the United 
States of any noncitizen determined to meet one or more of the 
above criteria.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Secretary of State, to take 
such actions, including the promulgation of rules and 
regulations, and to employ all powers granted to the President 
by IEEPA as may be necessary to carry out the purposes of the 
order. I have delegated to the Secretary of State, in 
consultation with the Secretary of Homeland Security, the 
authority to implement the order as it applies to visas. I have 
delegated to the Secretary of Homeland Security, in 
consultation with the Secretary of State, the authority to 
implement the order as it applies to the entry into the United 
States of noncitizens. All executive departments and agencies 
are directed to take all appropriate measures within their 
authority to carry out the provisions of the order.
    I am enclosing a copy of the Executive Order I have issued.

            Sincerely,
                                               Joseph R. Biden, Jr.

                            Executive Order

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        Blocking Property With Respect to the Situation in Burma

    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), 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, JOSEPH R. BIDEN JR., President of the United States of 
America, find that the situation in and in relation to Burma, 
and in particular the February 1, 2021, coup, in which the 
military overthrew the democratically elected civilian 
government of Burma and unjustly arrested and detained 
government leaders, politicians, human rights defenders, 
journalists, and religious leaders, thereby rejecting the will 
of the people of Burma as expressed in elections held in 
November 2020 and undermining the country's democratic 
transition and rule of law, constitutes an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States. I hereby declare a national 
emergency to deal with that threat.
    Accordingly, I hereby order:
    Section 1. (a) All property and interests in property 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 of the following persons 
are blocked and may not be transferred, paid, exported, 
withdrawn, or otherwise dealt in: any foreign person determined 
by the Secretary of the Treasury, in consultation with the 
Secretary of State:
          (i) to operate in the defense sector of the Burmese 
        economy or any other sector of the Burmese economy as 
        may be determined by the Secretary of the Treasury, in 
        consultation with the Secretary of State;
          (ii) to be responsible for or complicit in, or to 
        have directly or indirectly engaged or attempted to 
        engage in, any of the following:
                  (A) actions or policies that undermine 
                democratic processes or institutions in Burma;
                  (B) actions or policies that threaten the 
                peace, security, or stability of Burma;
                  (C) actions or policies that prohibit, limit, 
                or penalize the exercise of freedom of 
                expression or assembly by people in Burma, or 
                that limit access to print, online, or 
                broadcast media in Burma; or
                  (D) the arbitrary detention or torture of any 
                person in Burma or other serious human rights 
                abuse in Burma;
          (iii) to be or have been a leader or official of:
                  (A) the military or security forces of Burma, 
                or any successor entity to any of the 
                foregoing;
                  (B) the Government of Burma on or after 
                February 2, 2021;
                  (C) an entity that has, or whose members 
                have, engaged in any activity described in 
                subsection (a) (ii) of this section relating to 
                the leader's or official's tenure; or
                  (D) an entity whose property and interests in 
                property are blocked pursuant to this order as 
                a result of activities related to the leader's 
                or official's tenure;
          (iv) to be a political subdivision, agency, or 
        instrumentality of the Government of Burma;
          (v) to be a spouse or adult child of any person whose 
        property and interests in property are blocked pursuant 
        to this order;
          (vi) to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of any 
        person whose property and interests in property are 
        blocked pursuant to this order; or
          (vii) to be owned or controlled by, or to have acted 
        or purported to act for or on behalf of, directly or 
        indirectly, the military or security forces of Burma or 
        any person whose property and interests in property are 
        blocked pursuant to this order.
    (b) The prohibitions in subsection (a) of 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 before the date 
of this order.
    Sec. 2. The prohibitions in section 1 of this order 
include:
    (a) the making of any contribution or provision of funds, 
goods, or services by, to, or for the benefit of any person 
whose property and interests in property are blocked pursuant 
to this order; and
    (b) the receipt of any contribution or provision of funds, 
goods, or services from any such person.
    Sec. 3. (a) The unrestricted immigrant and nonimmigrant 
entry into the United States of noncitizens determined to meet 
one or more of the criteria in section 1(a) of this order 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, except where the Secretary 
of State or the Secretary of Homeland Security, as appropriate, 
determines that the person's entry would not be contrary to the 
interests of the United States, including when the Secretary of 
State or the Secretary of Homeland Security, as appropriate, so 
determines, based on a recommendation of the Attorney General, 
that the person's entry would further important United States 
law enforcement objectives.
    (b) The Secretary of State shall implement this authority 
as it applies to visas pursuant to such procedures as the 
Secretary of State, in consultation with the Secretary of 
Homeland Security, may establish.
    (c) The Secretary of Homeland Security shall implement this 
order as it applies to the entry of noncitizens pursuant to 
such procedures as the Secretary of Homeland Security, in 
consultation with the Secretary of State, may establish.
    (d) Such persons shall be treated by this section in the 
same manner as persons 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).
    Sec. 4. (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. 5. I hereby determine that the making of donations of 
the types of articles specified in section 203(b) (2) of IEEPA 
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person 
whose property and interests in property are blocked pursuant 
to section 1 of this order would seriously impair my ability to 
deal with the national emergency declared in this order, and I 
hereby prohibit such donations as provided by section 1 of this 
order.
    Sec. 6. 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 of Burma'' means the Government 
of Burma, any political subdivision, agency, or intrumentality 
thereof, including the Central Bank of Myanmar, and any person 
owned or controlled by, or acting for or on behalf of, the 
Government of Burma;
    (c) the term ``noncitizen'' means any person who is not a 
citizen or noncitizen national of the United States;
    (d) the term ``person'' means an individual or entity; and
    (e) 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 
in the United States.
    Sec. 7. 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 pursuant to this order would render those measures 
ineffectual. I therefore determine that for these measures to 
be effective in addressing the national emergency declared in 
this order, there need be no prior notice of a listing or 
determination made pursuant to section 1 of this order.
    Sec. 8. 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 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 
shall take all appropriate measures within their authority to 
carry out the provisions of this order.
    Sec. 9. Nothing in this order is intended to affect the 
continued effectiveness of any action taken pursuant to 
Executive Order 13742 of October 7, 2016 (Termination of 
Emergency With Respect to the Actions and Policies of the 
Government of Burma).
    Sec. 10. The Secretary of the Treasury, in consultation 
with the Secretary of State, is hereby authorized to submit 
recurring and final reports to the Congress on the national 
emergency declared in this order, consistent with section 
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of 
IEEPA (50 U.S.C. 1703(c)).
    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.
                                               Joseph R. Biden, Jr.
    The White House, February 10, 2021.

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