[House Document 117-150]
[From the U.S. Government Publishing Office]




117th Congress, 2d Session - - - - - - - - - House Document 117-150

 
TAKING ADDITIONAL STEPS TO ADDRESS THE NATIONAL EMERGENCY WITH RESPECT 
                     TO THE SITUATION IN NICARAGUA

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

ADDITIONAL STEPS TO ADDRESS THE NATIONAL EMERGENCY WITH RESPECT TO THE 
  NATIONAL EMERGENCY WITH RESPECT TO NICARAGUA, DECLARED IN EXECUTIVE 
ORDER 13851 OF NOVEMBER 27, 2018, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC 
LAW 95-223, SEC. 204(b); (91 STAT. 1627) AND 50 U.S.C. 1641(b); PUBLIC 
                LAW 94-412, SEC. 401(b); (90 STAT. 1257)

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


  October 25, 2022.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed 
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-011                   WASHINGTON : 2022
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                      Washington, October 24, 2022.
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.), the National 
Emergencies Act (50 U.S.C. 1601 et seq.), the Nicaragua 
Investment Conditionality Act of 2018 (50 U.S.C. 1701 note), 
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 hereby report that I have issued an Executive Order to 
take additional steps with respect to the national emergency 
declared in Executive Order 13851 of November 27, 2018 
(Blocking Property of Certain Persons Contributing to the 
Situation in Nicaragua).
    I have determined that additional measures are necessary to 
address the national emergency with respect to the situation in 
Nicaragua to increase targeted pressure on the Ortega-Murillo 
regime to change its malign behavior. This will afford my 
Administration additional financial tools with which to target 
the regime while allowing the flexibility necessary to continue 
supporting the people of Nicaragua.
    Specifically, I find that the violent response by the 
Government of Nicaragua to the protests that began on April 18, 
2018, and the Ortega regime's systematic dismantling and 
undermining of democratic institutions and the rule of law, its 
use of widespread violence and repressive tactics against its 
people, as well as its corruption leading to the 
destabilization of Nicaragua's economy, have not only 
continued, but worsened. Since Nicaragua's November 2021 sham 
elections, the limited remaining democratic space in the 
country has dramatically shrunk as over hundreds of non-
governmental organizations have been shuttered and political 
prisoners have been subjected to extremely harsh conditions. 
These increased abuses of human rights and fundamental freedoms 
continue to constitute an unusual and extraordinary threat to 
the national security and foreign policy of the United States. 
I hereby amend Executive Order 13851 to elaborate upon measures 
to address the national emergency declared in Executive Order 
13851 to address that threat.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                               Joseph R. Biden, Jr.






















                            Executive Order

                              ----------                              


Taking Additional Steps To Address the National Emergency With Respect 
                     to the Situation in Nicaragua

    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 Nicaragua Investment Conditionality Act of 
2018 (50 U.S.C. 1701 note), 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, in order to take additional steps with respect to the 
national emergency declared in Executive Order 13851 of 
November 27, 2018 (Blocking Property of Certain Persons 
Contributing to the Situation in Nicaragua), hereby order:
    Section 1. The first clause of the preamble to Executive 
Order 13851 is amended to read as follows:
    ``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), the Nicaragua Investment 
Conditionality Act of 2018 (50 U.S.C. 1701 note), 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,''.
    Sec. 2. Section 1 of Executive Order 13851 is amended by 
adding a new subsection 1(a)(i)(E) after subsection 1(a)(i)(D), 
to read as follows:
          ``(E) the arrest or prosecution of a person, 
        including an individual or media outlet disseminating 
        information to the public, primarily because of the 
        exercise by such person of the freedom of expression, 
        including for members of the press, or assembly;''.
    Sec. 3. Subsections 1(a)(iv)(B) through 1(a)(v) of 
Executive Order 13851 are replaced with new subsections 
1(a)(iv)(B) through 1(a)(vi), to read as follows:
          ``(B) any person whose property and interests in 
        property are blocked pursuant to this order;
                  (v) to be owned or controlled by, or to have 
                acted or purported to act for or on behalf of, 
                directly or indirectly, any person whose 
                property and interests in property are blocked 
                pursuant to this order; or
                  (vi) to operate or have operated in the gold 
                sector of the Nicaraguan economy or in any 
                other sector of the Nicaraguan economy as may 
                be determined by the Secretary of the Treasury, 
                in consultation with the Secretary of State.''.
    Sec. 4. Subsection 1(b) of Executive Order 13851 is 
replaced with a new subsection 1(b), to read as follows:
    ``(b) The following are prohibited:
          (i) the importation into the United States of any 
        products of Nicaraguan origin as may be determined by 
        the Secretary of the Treasury, in consultation with the 
        Secretary of State and the Secretary of Commerce;
          (ii) the exportation, reexportation, sale, or supply, 
        directly or indirectly, from the United States, or by a 
        United States person, wherever located, of any items as 
        may be determined by the Secretary of Commerce, in 
        consultation with the Secretary of State and the 
        Secretary of the Treasury, to any person located in 
        Nicaragua;
          (iii) new investment in any sector of the Nicaraguan 
        economy as may be determined by the Secretary of the 
        Treasury, in consultation with the Secretary of State, 
        by a United States person, wherever located; and
          (iv) any approval, financing, facilitation, or 
        guarantee by a United States person, wherever located, 
        of a transaction by a foreign person where the 
        transaction by that foreign person would be prohibited 
        by this subsection if performed by a United States 
        person or within the United States.''.
    Sec. 5. Section 1 of Executive Order 13851 is amended by 
adding a new subsection 1(c) after subsection 1(b), to read as 
follows:
    ``(c) The prohibitions in subsections (a) and (b) 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, or pursuant to the export control 
authorities implemented by the Department of Commerce, and 
notwithstanding any contract entered into or any license or 
permit granted prior to the date of this order.''.
    Sec. 6. Section 8 of Executive Order 13851 is revised to 
read as follows:
    ``Sec. 8. The Secretary of the Treasury and the Secretary 
of Commerce, in consultation with the Secretary of State, are 
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 
and the Secretary of Commerce may, consistent with applicable 
law, redelegate any of these functions within the Department of 
the Treasury and the Department of Commerce, respectively. All 
executive departments and agencies of the United States shall 
take all appropriate measures within their authority to 
implement this order.''.
    Sec. 7. Section 9 of Executive Order 13851 is revised to 
read as follows:
    ``Sec. 9. The Secretary of the Treasury, in consultation 
with the Secretary of State and the Secretary of Commerce, is 
hereby authorized to submit the 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. 8. (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, October 24, 2022.

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