[House Document 117-56]
[From the U.S. Government Publishing Office]
117th Congress, 1st Session - - - - - - - - - - - - - House Document 117-56
BLOCKING OF PROPERTY WITH RESPECT TO CERTAIN RUSSIAN ENERGY EXPORT
PIPELINES
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS REGARDING CERTAIN
RUSSIAN ENERGY EXPORT PIPELINE TO DEAL WITH THE EMERGENCY DECLARED IN
EXECUTIVE ORDER 14024 OF APRIL 15, 2021, 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 20, 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 20, 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 in order to take
additional steps regarding certain Russian energy export
pipelines to deal with the national emergency declared in
Executive Order 14024 of April 15, 2021, 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.
The order responds to certain Russian energy pipeline
projects intended to expand Russia's influence over Europe's
energy resources that would weaken European energy security--
including that of Ukraine and Eastern flank NATO and EU
countries--and thereby threatens the national security, foreign
policy, and economy of the United States. The order blocks the
property and interests in property of foreign persons
identified by the Secretary of State, in consultation with the
Secretary of the Treasury, in a report to the Congress pursuant
to the Protecting Europe's Energy Security Act of 2019 (Title
LXXV, National Defense Authorization Act for Fiscal Year 2020,
Public Law 116-92), as amended by section 1242 of the National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) (PEESA), for engaging in certain activities or providing
certain services to facilitate construction of the Nord Stream
2 pipeline project, among others. I have determined that it is
necessary to block the property and interests in property of
such persons unless a national interest waiver under section
7503(f) of PEESA has been issued for such persons.
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 and PEESA as may be necessary to carry out the
purposes of the order. 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 Certain Russian Energy Export
Pipelines
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 Protecting Europe's Energy
Security Act of 2019 (Title LXXV, National Defense
Authorization Act for Fiscal Year 2020, Public Law 116-92), as
amended by section 1242 of the National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) (PEESA), 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 14024 of April
15, 2021 (Blocking Property With Respect To Specified Harmful
Foreign Activities of the Government of the Russian
Federation), hereby order:
Section 1. (a) With respect to any foreign person
identified by the Secretary of State, in consultation with the
Secretary of the Treasury, in a report to the Congress pursuant
to section 7503(a)(1)(B) of PEESA, all property and interests
in property of such person 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 are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.
(b) Sanctions under subsection (a) of this section shall
not apply to any foreign person with respect to whom a waiver
under section 7503(f) of PEESA has been issued.
(c) 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 prior to the date
of this order.
Sec. 2. The Secretary of State shall implement section
7503(b) of PEESA as it applies to visas, and the Secretary of
Homeland Security shall implement section 7503(b) of PEESA as
it applies to admission and parole. Such implementation shall
be consistent with any exceptions or waivers provided by
statute, or in regulations, orders, or directives that may be
issued pursuant to this order.
Sec. 3. 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. 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 Executive Order 14024, 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 ``foreign person'' means an individual or
entity that is not a United States person;
(c) the term ``person'' means an individual or entity; and
(d) 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 14024, 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 and
PEESA, 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 programs,
funds, and other entities and bodies, as well as its
specialized agencies and related organizations, by employees,
grantees, and 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 20, 2021.
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