[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

                              ----------                              


    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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