[House Document 117-92]
[From the U.S. Government Publishing Office]
117th Congress, 2d Session - - - - - - - - - - - - - House Document 117-92
BLOCKING PROPERTY OF CERTAIN PERSONS AND PROHIBITING CERTAIN
TRANSACTIONS WITH RESPECT TO CONTINUED RUSSIAN EFFORTS TO UNDERMINE THE
SOVEREIGNTY AND TERRITORIAL INTEGRITY OF UKRAINE
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A NOTIFICATION THAT EXPANDS THE SCOPE OF THE NATIONAL EMERGENCY
DECLARED THAT WAS DECLARED IN EXECUTIVE ORDER 13660 OF MARCH 6, 2014,
AS AMENDED, BY FINDING THAT THE RUSSIAN FEDERATION'S PURPORTED
RECOGNITION OF THE SO-CALLED DONETSK PEOPLE'S REPUBLIC (DNR) OR LUHANSK
PEOPLE'S REPUBLIC (LNR) REGIONS OF UKRAINE CONSTITUTES AN UNUSUAL AND
EXTRAORDINARY THREAT TO THE NATIONAL SECURITY AND FOREIGN POLICY OF THE
UNITED STATES, 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]
February 22, 2022.--Referred to the Committee on Foreign Affairs and
ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
29-011 WASHINGTON : 2022
The White House,
Washington, February 21, 2022.
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 (the ``order'') that
expands the scope of the national emergency declared in
Executive Order 13660 of March 6, 2014, and expanded by
Executive Order 13661 of March 16, 2014, and Executive Order
13662 of March 20, 2014, and relied on for additional steps
taken in Executive Order 13685 of December 19, 2014, and
Executive Order 13849 of September 20, 2018, by finding that
the Russian Federation's purported recognition of the so-called
Donetsk People's Republic (DNR) or Luhansk People's Republic
(LNR) regions of Ukraine constitutes an unusual and
extraordinary threat to the national security and foreign
policy of the United States.
In order to deal with this threat, I am prohibiting new
investment in the so-called DNR or LNR regions of Ukraine or
such other regions of Ukraine as may be determined by the
Secretary of the Treasury, in consultation with the Secretary
of State (``Covered Regions''), by a United States person,
wherever located; the importation into the United States,
directly or indirectly, of any goods, services, or technology
from the Covered Regions; the exportation, reexportation, sale,
or supply, directly or indirectly, from the United States, or
by a United States person, wherever located, of any goods,
services, or technology to the Covered Regions; and any
approval, financing, facilitation, or guarantee by a United
States person, wherever located, of a transaction by a foreign
person where the transaction by that foreign person would be
prohibited by the order if performed by a United States person
or within the United States.
I am also creating the authority to impose sanctions on
persons determined to operate or have operated since the date
of the order in the Covered Regions; to be or have been since
the date of the order a leader, official, senior executive
officer, or member of the board of directors of an entity
operating in the Covered Region; to be owned or controlled by,
or to have acted or purported to act for or on behalf of,
directly or indirectly, any person whose property and interests
in property are blocked pursuant to the order; or to have
materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to
or in support of, any person whose property and interests in
property are blocked pursuant to the order.
I am enclosing a copy of the order I have issued.
Sincerely,
Joseph R. Biden, Jr.
Executive Order
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Blocking Property of Certain Persons and Prohibiting Certain
Transactions With Respect to Continued Russian Efforts To Undermine the
Sovereignty and Territorial Integrity of Ukraine
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 13660 of March 6, 2014, and
expanded by Executive Order 13661 of March 16, 2014, and
Executive Order 13662 of March 20, 2014, and relied on for
additional steps taken in Executive Order 13685 of December 19,
2014, and Executive Order 13849 of September 20, 2018, finding
that the Russian Federation's purported recognition of the so-
called Donetsk People's Republic (DNR) or Luhansk People's
Republic (LNR) regions of Ukraine contradicts Russia's
commitments under the Minsk agreements and further threatens
the peace, stability, sovereignty, and territorial integrity of
Ukraine, and thereby constitutes an unusual and extraordinary
threat to the national security and foreign policy of the
United States. Accordingly, I hereby order:
Section 1. (a) The following are prohibited:
(i) new investment in the so-called DNR or LNR
regions of Ukraine or such other regions of Ukraine as
may be determined by the Secretary of the Treasury, in
consultation with the Secretary of State (collectively,
the ``Covered Regions''), by a United States person,
wherever located;
(ii) the importation into the United States, directly
or indirectly, of any goods, services, or technology
from the Covered Regions;
(iii) the exportation, reexportation, sale, or
supply, directly or indirectly, from the United States,
or by a United States person, wherever located, of any
goods, services, or technology to the Covered Regions;
and
(iv) any approval, financing, facilitation, or
guarantee by a United States person, wherever located,
of a transaction by a foreign person where the
transaction by that foreign person would be prohibited
by this section if performed by a United States person
or within the United States.
(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 license or permit granted prior to the date of
this order.
Sec. 2. (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 (including any foreign
branch) 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 operate or have operated since the date of
this order in the Covered Regions;
(ii) to be or have been since the date of this order
a leader, official, senior executive officer, or member
of the board of directors of an entity operating in the
Covered Regions;
(iii) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to this order; or
(iv) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, 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 prior to the date
of this order.
Sec. 3. The prohibitions in section 2 of this order include
but are not limited to:
(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. 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. 6. (a) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens determined to meet
one or more of the criteria in section 2 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 where 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 authority
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. 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 Executive Order 13660,
expanded in Executive Orders 13661 and 13662, and further
expanded by this order, and I hereby prohibit such donations as
provided by section 2 of this order.
Sec. 8. 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 ``person'' means an individual or entity;
(c) 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;
(d) the term ``noncitizen'' means any person who is not a
citizen or noncitizen national of the United States; and
(e) the term ``region of Ukraine'' includes the land
territory in that region as well as any maritime area over
which sovereignty, sovereign rights, or jurisdiction is claimed
based on purported sovereignty over that land territory or
area.
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 these measures to
be effective in addressing the national emergency declared in
Executive Order 13660, expanded in Executive Orders 13661 and
13662, and further expanded by this order, there need be no
prior notice of a listing or determination made pursuant to
section 2 of this order.
Sec. 10. 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. 11. (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, February 21, 2022.
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