[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
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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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