[House Document 117-29]
[From the U.S. Government Publishing Office]




117th Congress, 1st Session - - - - - - - - - - - - - House Document 117-29


 
    DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE RUSSIAN 
                               FEDERATION

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

AN EXECUTIVE ORDER BLOCKING PROPERTY WITH RESPECT TO SPECIFIED HARMFUL 
    FOREIGN ACTIVITIES OF THE GOVERNMENT OF THE RUSSIAN FEDERATION, 
  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]


   April 15, 2021.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
         
         
                             ______

              U.S. GOVERNMENT PUBLISHING OFFICE 
19-011                 WASHINGTON : 2021         
         
         
         
         
To the Congress of the United States:
    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 declaring a national emergency with 
respect to the unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States 
posed by specified harmful foreign activities of the Government 
of the Russian Federation.
    I have determined that specified harmful foreign activities 
of the Government of the Russian Federation--in particular, 
efforts to undermine the conduct of free and fair democratic 
elections and democratic institutions in the United States and 
its allies and partners; to engage in and facilitate malicious 
cyber-enabled activities against the United States and its 
allies and partners; to foster and use transnational corruption 
to influence foreign governments; to pursue extraterritorial 
activities targeting dissidents or journalists; to undermine 
security in countries and regions important to United States 
national security; and to violate well-established principles 
of international law, including respect for the territorial 
integrity of states--constitute an unusual and extraordinary 
threat to the national security, foreign policy, and economy of 
the United States.
    I am enclosing a copy of the Executive Order I have issued.

                                               Joseph R. Biden, Jr.
    The White House, April 15, 2021.

                            Executive Order

                              ----------                              


Blocking Property with Respect to Specified Harmful Foreign Activities 
              of the Government of the Russian Federation

    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 specified harmful foreign activities of the 
Government of the Russian Federation--in particular, efforts to 
undermine the conduct of free and fair democratic elections and 
democratic institutions in the United States and its allies and 
partners; to engage in and facilitate malicious cyber-enabled 
activities against the United States and its allies and 
partners; to foster and use transnational corruption to 
influence foreign governments; to pursue extraterritorial 
activities targeting dissidents or journalists; to undermine 
security in countries and regions important to United States 
national security; and to violate well-established principles 
of international law, including respect for the territorial 
integrity of states--constitute an unusual and extraordinary 
threat to the national security, foreign policy, and economy of 
the United States. I hereby declare a national emergency to 
deal with that threat.
    Accordingly, I hereby order:
    Section 1. 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:
    (a) any person determined by the Secretary of the Treasury, 
in consultation with the Secretary of State, and, with respect 
to subsection (a) (ii) of this section, in consultation with 
the Attorney General, or by the Secretary of State, in 
consultation with the Secretary of the Treasury, and, with 
respect to subsection (a) (ii) of this section, in consultation 
with the Attorney General:
          (i) to operate or have operated in the technology 
        sector or the defense and related materiel sector of 
        the Russian Federation economy, or any other sector of 
        the Russian Federation 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 for or on behalf of, or 
        for the benefit of, directly or indirectly, the 
        Government of the Russian Federation:
                  (A) malicious cyber-enabled activities;
                  (B) interference in a United States or other 
                foreign government election;
                  (C) actions or policies that undermine 
                democratic processes or institutions in the 
                United States or abroad;
                  (D) transnational corruption;
                  (E) assassination, murder, or other unlawful 
                killing of, or infliction of other bodily harm 
                against, a United States person or a citizen or 
                national of a United States ally or partner;
                  (F) activities that undermine the peace, 
                security, political stability, or territorial 
                integrity of the United States, its allies, or 
                its partners; or
                  (G) deceptive or structured transactions or 
                dealings to circumvent any United States 
                sanctions, including through the use of digital 
                currencies or assets or the use of physical 
                assets;
          (iii) to be or have been a leader, official, senior 
        executive officer, or member of the board of directors 
        of:
                  (A) the Government of the Russian Federation;
                  (B) an entity that has, or whose members 
                have, engaged in any activity described in 
                subsection (a) (ii) of this section; or
                  (C) an entity whose property and interests in 
                property are blocked pursuant to this order;
          (iv) to be a political subdivision, agency, or 
        instrumentality of the Government of the Russian 
        Federation;
          (v) to be a spouse or adult child of any person whose 
        property and interests in property are blocked pursuant 
        to subsection (a) (ii) or (iii) of this section;
          (vi) to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of:
                  (A) any activity described in subsection (a) 
                (ii) of this section; or
                  (B) 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 Government of the Russian Federation or 
        any person whose property and interests in property are 
        blocked pursuant to this order.
    (b) any person determined by the Secretary of the Treasury, 
in consultation with the Secretary of State, to have materially 
assisted, sponsored, or provided financial, material, or 
technological support for, or goods or services to or in 
support of, a government whose property and interests in 
property are blocked pursuant to chapter V of title 31 of the 
Code of Federal Regulations or another Executive Order, and to 
be:
          (i) a citizen or national of the Russian Federation;
          (ii) an entity organized under the laws of the 
        Russian Federation or any jurisdiction within the 
        Russian Federation (including foreign branches); or
          (iii) a person ordinarily resident in the Russian 
        Federation.
    (c) any person determined by the Secretary of State, in 
consultation with the Secretary of the Treasury, to be 
responsible for or complicit in, or to have directly or 
indirectly engaged in or attempted to engage in, cutting or 
disrupting gas or energy supplies to Europe, the Caucasus, or 
Asia, and to be:
          (i) an individual who is a citizen or national of the 
        Russian Federation; or
          (ii) an entity organized under the laws of the 
        Russian Federation or any jurisdiction within the 
        Russian Federation (including foreign branches).
    (d) The prohibitions in subsections (a), (b), and (c) 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 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 when 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 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 purpses 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 the Russian Federation'' means 
the Government of the Russian Federation, any political 
subdivision, agency, or instrumentality thereof, including the 
Central Bank of the Russian Federation, and any person owned, 
controlled, or directed by, or acting for or on behalf of, the 
Government of the Russian Federation;
    (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, lawful permanent resident, 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 shall prohibit transactions 
for the conduct of the official business of the Federal 
Government or the United Nations (including its specialized 
agencies, programs, funds, and related organizations) by 
employees, grantees, and contractors thereof.
    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. 164l(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, April 15, 2021.