[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
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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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