[House Document 117-55]
[From the U.S. Government Publishing Office]




117th Congress, 1st Session - - - - - - - - - -  House Document 117-55
 
 BLOCKING PROPERTY OF ADDITIONAL PERSONS CONTRIBUTING TO THE SITUATION 
                               IN BELARUS

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

   AN EXECUTIVE ORDER EXPANDING THE SCOPE OF THE NATIONAL EMERGENCY 
  DECLARED IN EXECUTIVE ORDER 13405 OF JUNE 16, 2006, 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]










  August 13, 2021.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed

                             _________
                              

                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
19-011                   WASHINGTON : 2021

























                                           The White House,
                                        Washington, August 9, 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.), I hereby report 
that I have issued an Executive Order to expand the scope of 
the national emergency declared in Executive Order 13405 of 
June 16, 2006 (Blocking Property of Certain Persons Undermining 
Democratic Processes or Institutions in Belarus), finding that 
the Belarusian regime's harmful activities and long-standing 
abuses aimed at suppressing democracy and the exercise of human 
rights and fundamental freedoms in Belarus--including illicit 
and oppressive activities stemming from the August 9, 2020, 
fraudulent Belarusian presidential election and its aftermath, 
such as the elimination of political opposition and civil 
society organizations and the regime's disruption and 
endangering of international civil air travel--constitute an 
unusual and extraordinary threat to the national security and 
foreign policy of the United States. The order augments the 
sanctions designation criteria for current threats to United 
States national security and foreign policy interests posed by 
the Belarusian regime. All executive departments and agencies 
are directed to take all appropriate measures within their 
authority to implement this order.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                               Joseph R. Biden, Jr.
















                            Executive Order

                              ----------                              


 Blocking Property of Additional Persons Contributing to the Situation 
                               in Belarus

    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, hereby expand the scope of the national emergency 
declared in Executive Order 13405 of June 16, 2006 (Blocking 
Property of Certain Persons Undermining Democratic Processes or 
Institutions in Belarus), finding that the Belarusian regime's 
harmful activities and long-standing abuses aimed at 
suppressing democracy and the exercise of human rights and 
fundamental freedoms in Belarus--including illicit and 
oppressive activities stemming from the August 9, 2020, 
fraudulent Belarusian presidential election and its aftermath, 
such as the elimination of political opposition and civil 
society organizations and the regime's disruption and 
endangering of international civil air travel--constitute an 
unusual and extraordinary threat to the national security and 
foreign policy of the United States.
    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 person determined by the 
Secretary of the Treasury, in consultation with the Secretary 
of State:
          (i) to be or have been a leader, official, senior 
        executive officer, or member of the board of directors 
        of:
                  (A) an entity that has, or whose members 
                have, engaged in any of the activities 
                described in subsections (v)(A)-(E) of this 
                section or section 1(a)(ii)(A)-(C) of Executive 
                Order 13405; or (B) an entity whose property 
                and interests in property are blocked pursuant 
                to this order or Executive Order 13405;
          (ii) to be a political subdivision, agency, or 
        instrumentality of the Government of Belarus;
          (iii) to be or have been a leader or official of the 
        Government of Belarus;
          (iv) to operate or have operated in the defense and 
        related materiel sector, security sector, energy 
        sector, potassium chloride (potash) sector, tobacco 
        products sector, construction sector, or transportation 
        sector of the economy of Belarus, or any other sector 
        of the Belarus economy as may be determined by the 
        Secretary of the Treasury, in consultation with the 
        Secretary of State;
          (v) 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 threaten the 
                peace, security, stability, or territorial 
                integrity of Belarus;
                  (B) actions or policies that prohibit, limit, 
                or penalize the exercise of human rights and 
                fundamental freedoms (including freedoms of 
                expression, peaceful assembly, association, 
                religion or belief, and movement) by 
                individuals in Belarus, or that limit access to 
                the Internet or print, online, or broadcast 
                media in Belarus;
                  (C) electoral fraud or other actions or 
                policies that undermined the electoral process 
                in a Republic of Belarus election;
                  (D) deceptive or structured transactions or 
                dealings to circumvent any United States 
                sanctions by or for or on behalf of, or for the 
                benefit of, directly or indirectly, the 
                Government of Belarus or any person whose 
                property and interests in property are blocked 
                pursuant to this order or Executive Order 
                13405; or
                  (E) public corruption related to Belarus.
          (vi) to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of, any 
        activity described in subsections (v)(A)-(E) of this 
        section or 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 Belarus 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. 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 l(a) of this order would seriously impair my ability 
to deal with the national emergency declared in Executive Order 
13405 and expanded in this order, and I hereby prohibit such 
donations as provided by section 1 of this order.
    Sec. 4. (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 order 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. 5. (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. 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 Belarus'' means the Government 
of Belarus, any political subdivision, agency, or 
instrumentality thereof, including the National Bank of the 
Republic of Belarus, and any person owned, controlled, or 
directed by, or acting for or on behalf of, the Government of 
Belarus;
    (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 
Executive Order 13405 and expanded in this order, there need be 
no prior notice of a listing or determination made pursuant to 
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 executive departments and agencies of the United 
States shall take all appropriate measures within their 
authority to implement this order.
    Sec. 9. Nothing in this order shall prohibit transactions 
for the conduct of the official business of the Federal 
Government by employees, grantees, or contractors thereof.
    Sec. 10. (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, August 9, 2021.

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