[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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