[House Document 117-79]
[From the U.S. Government Publishing Office]



117th Congress, 1st Session - - - - - - - - - - - - - House Document 117-79

 
 
 IMPOSING SANCTIONS ON FOREIGN PERSONS INVOLVED IN THE GLOBAL ILLICIT 
                               DRUG TRADE

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting
 
 AN EXECUTIVE ORDER IMPOSING SANCTIONS ON FOREIGN PERSONS INVOLVED IN 
 THE GLOBAL ILLICIT DRUG TRADE, 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]


 December 16, 2021.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                                
                                __________
                                
                     U.S. GOVERNMENT PUBLISHING OFFICE        
                                
29-011			     WASHINGTON : 2021	                                
                         
                         
                                           The White House,
                                     Washington, December 15, 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 imposing sanctions on 
foreign persons involved in the global illicit drug trade.
    I have determined that the trafficking into the United 
States of illicit drugs, including fentanyl and other synthetic 
opioids, is causing the deaths of tens of thousands of 
Americans annually, as well as non-fatal overdoses with their 
own tragic human toll. Drug cartels, transnational criminal 
organizations, and their facilitators are the primary sources 
of illicit drugs and precursor chemicals that fuel the current 
opioid epidemic, as well as drug-related violence that harms 
our communities. I find that international drug trafficking--
including the illicit production, global sale, and widespread 
distribution of illegal drugs; the rise of extremely potent 
drugs such as fentanyl and other synthetic opioids; as well as 
the growing role of Internet-based drug sales--constitutes an 
unusual and extraordinary threat to the national security, 
foreign policy, and economy of the United States. This serious 
threat requires our country to modernize and update our 
response to drug trafficking. I hereby declare a national 
emergency to deal with that threat.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                               Joseph R. Biden, Jr.

                            Executive Order

                              ----------                              


 Imposing Sanctions on Foreign Persons Involved in the Global Illicit 
                               Drug Trade

    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 Fentanyl Sanctions Act (21 
U.S.C. 2301 et seq.) (FSA), sections 212(f) and 215(a) of the 
Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f) and 
1185(a)), and section 301 of title 3, United States Code.
    I, JOSEPH R. BIDEN JR., President of the United States of 
America, find that the trafficking into the United States of 
illicit drugs, including fentanyl and other synthetic opioids, 
is causing the deaths of tens of thousands of Americans 
annually, as well as countless more non-fatal overdoses with 
their own tragic human toll. Drug cartels, transnational 
criminal organizations, and their facilitators are the primary 
sources of illicit drugs and precursor chemicals that fuel the 
current opioid epidemic, as well as drug-related violence that 
harms our communities. I find that international drug 
trafficking--including the illicit production, global sale, and 
widespread distribution of illegal drugs; the rise of extremely 
potent drugs such as fentanyl and other synthetic opioids; as 
well as the growing role of Internet-based drug sale--
constitutes an unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States. 
This serious threat requires our country to modernize and 
update our response to drug trafficking. I hereby declare a 
national emergency to deal with that threat. Accordingly, I 
hereby order:
    Section 1. (a) The Secretary of the Treasury is authorized 
to impose any of the sanctions described in section 2 of this 
order on any foreign person determined by the Secretary of the 
Treasury, in consultation with the Secretary of State, the 
Attorney General, and the Secretary of Homeland Security:
          (i) to have engaged in, or attempted to engage in, 
        activities or transactions that have materially 
        contributed to, or pose a significant risk of 
        materially contributing to, the international 
        proliferation of illicit drugs or their means of 
        production; or
          (ii) to have knowingly received any property or 
        interest in property that the foreign person knows:
                  (A) constitutes or is derived from proceeds 
                of activities or transactions that have 
                materially contributed to, or pose a 
                significant risk of materially contributing to, 
                the international proliferation of illicit 
                drugs or their means of production; or
                  (B) was used or intended to be used to commit 
                or to facilitate activities or transactions 
                that have materially contributed to, or pose a 
                significant risk of materially contributing to, 
                the international proliferation of illicit 
                drugs or their means of production.
    (b) The Secretary of the Treasury is authorized to impose 
any of the sanctions described in section 2 of this order on 
any foreign person determined by the Secretary of the Treasury, 
in consultation with the Secretary of State, the Attorney 
General, and the Secretary of Homeland Security:
          (i) to have provided, or attempted to provide, 
        financial, material, or technological support for, or 
        goods or services in support of:
                  (A) any activity or transaction described in 
                subsection (a)(i) of this section; or
                  (B) any sanctioned person;
          (ii) to be or have been a leader or official of any 
        sanctioned person or of any foreign person that has 
        engaged in any activity or transaction described in 
        subsection (a)(i) of this section; or
          (iii) to be owned, controlled, or directed by, or to 
        have acted or purported to act for or on behalf of, 
        directly or indirectly, any sanctioned person.
    (c) The Secretary of the Treasury is authorized to impose 
any of the sanctions described in section 2 of this order 
consistent with the requirements of section 7212 of the FSA (21 
U.S.C. 2312) on any foreign person determined by the President, 
or by the Secretary of the Treasury pursuant to authority 
delegated by the President and in accordance with the terms of 
such delegation, to be subject to sanctions pursuant to section 
7212 of the FSA.
    Sec. 2. When the Secretary of the Treasury, in accordance 
with the terms of section 1 of this order, has determined that 
a foreign person meets any of the criteria in section 1(a)-(c) 
of this order, the Secretary of the Treasury, in consultation 
with the Secretary of State, the Attorney General, and the 
Secretary of Homeland Security, is authorized to select one or 
more of the sanctions set forth in subsections (a)(i)-(vi) of 
this section to impose on that foreign person.
    (a) The Secretary of the Treasury shall take the following 
actions as necessary to implement the selected sanctions:
          (i) block all property and interests in property of 
        the sanctioned 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, and provide that such 
        property and interests in property may not be 
        transferred, paid, exported, withdrawn, or otherwise 
        dealt in;
          (ii) prohibit any transfers of credit or payments 
        between financial institutions, or by, through, or to 
        any financial institution, to the extent that such 
        transfers or payments are subject to the jurisdiction 
        of the United States and involve any interest of the 
        sanctioned person;
          (iii) prohibit any United States financial 
        institution from making loans or providing credit to 
        the sanctioned person;
          (iv) prohibit any transactions in foreign exchange 
        that are subject to the jurisdiction of the United 
        States and in which the sanctioned person has any 
        interest;
          (v) prohibit any United States person from investing 
        in or purchasing significant amounts of equity or debt 
        instruments of the sanctioned person; or
          (vi) impose on the principal executive officer or 
        officers of the sanctioned person, or on persons 
        performing similar functions and with similar 
        authorities as such officer or officers, any of the 
        sanctions described in subsections (a)(i)-(v) of this 
        section that are applicable.
    (b) The heads of the relevant executive departments and 
agencies, in consultation with the Secretary of the Treasury, 
shall take the following actions as necessary and appropriate 
to implement the sanctions selected by the Secretary of the 
Treasury:
          (i) with respect to a sanctioned person that is a 
        financial institution:
                  (A) the Board of Governors of the Federal 
                Reserve System and the Federal Reserve Bank of 
                New York shall not designate, and shall rescind 
                any prior designation of, the sanctioned person 
                as a primary dealer in United States Government 
                debt instruments; and
                  (B) the sanctioned person shall not serve as 
                an agent of the United States Government or 
                serve as a repository for United States 
                Government funds;
          (ii) actions required to ensure that executive 
        departments and agencies shall not procure, or enter 
        into a contract for the procurement of, any goods or 
        services from the sanctioned person;
          (iii) actions required to suspend entry into the 
        United States of any noncitizen whom the Secretary of 
        the Treasury, in consultation with the Secretary of 
        State, the Attorney General, and the Secretary of 
        Homeland Security, determines is a leader, official, 
        senior executive officer, or director of, or a 
        shareholder with a controlling interest in, the 
        sanctioned person; or
          (iv) actions required to impose on the principal 
        executive officer or officers of the sanctioned person, 
        or on persons performing similar functions and with 
        similar authorities as such officer or officers, any of 
        the sanctions described in subsections (b)(i)-(iii) of 
        this section that are applicable.
    Sec. 3. The prohibitions in section 2 of this order 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. 4. (a) The unrestricted immigrant and nonimmigrant 
entry into the United States of noncitizens determined to meet 
any of the criteria in section 1(a)-(c) of this order, and for 
whom the sanctions described in section 2(a)(i) or 2(b)(iii) of 
this order have been selected, 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. The prohibitions in section 2(a)(i) 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. 6. (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. 7. 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 2(a) of this 
order.
    Sec. 8. For the purpose of this order:
    (a) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization;
    (b) the term ``financial institution'' includes a 
depository institution (as defined in section 3(c)(1) of the 
Federal Deposit Insurance Act (12 U.S.C. 1813(c)(1))), 
including a branch or agency of a foreign bank (as defined in 
section 1(b)(7) of the International Banking Act of 1978 (12 
U.S.C. 3101(7))); a credit union; a securities firm, including 
a broker or dealer; an insurance company, including an agency 
or underwriter; and any other company that provides financial 
services;
    (c) the term ``foreign person'' means any citizen or 
national of a foreign state (including any such individual who 
is also a citizen or national of the United States, provided 
such individual does not reside in the United States) or any 
entity not organized under the laws of the United States;
    (d) the term ``knowingly'' or ``knows'' with respect to 
conduct, a circumstance, or a result, means that a person has 
actual knowledge, or should have known, of the conduct, the 
circumstance, or the result;
    (e) the phrase ``means of production'' includes any 
activities or transactions involving any equipment, chemical, 
product, or material that may be used, directly or indirectly, 
in the manufacture of illicit drugs or precursor chemicals;
    (f) the term ``noncitizen'' means any person who is not a 
citizen or noncitizen national of the United States;
    (g) the term ``person'' means an individual or entity;
    (h) the term ``proliferation of illicit drugs'' means any 
illicit activity to produce, manufacture, distribute, sell, or 
knowingly finance or transport: narcotic drugs, controlled 
substances, listed chemicals, or controlled substance 
analogues, as defined in section 102 of the Controlled 
Substances Act (21 U.S.C. 802);
    (i) the term ``sanctioned person'' means any person 
sanctioned pursuant to this order;
    (j) the term ``United States financial institution'' means 
a financial institution (including its foreign branches) 
organized under the laws of the United States or of any 
jurisdiction within the United States or located in the United 
States; and
    (k) 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. 9. 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 those 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 this order.
    Sec. 10. The Secretary of the Treasury, in consultation 
with the Secretary of State, the Attorney General, and the 
Secretary of Homeland Security, is authorized to take such 
actions, including promulgating rules and regulations, and to 
employ all powers granted to the President by the FSA or IEEPA 
as may be necessary to implement 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 shall take all 
appropriate measures within their authority to implement the 
provisions of this order.
    Sec. 11. 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. 1641(c)) and section 204(c) of 
IEEPA (50 U.S.C. 1703(c)).
    Sec. 12. (a) Nothing in this order shall be construed to 
impair or otherwise affect:
          (1) 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, December 15, 2021.

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