[House Document 118-10]
[From the U.S. Government Publishing Office]




118th Congress, 1st Session - - - - - - - - - - - - - House Document 118-10

 
      CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO LIBYA

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THEUNITED STATES

                              transmitting

 NOTIFICATION THAT THE NATIONAL EMERGENCY WITH RESPECT TO LIBYA, THAT 
   WAS DECLARED IN EXECUTIVE ORDER 13566 OF FEBRUARY 25, 2011, IS TO 
  CONTINUE IN EFFECT BEYOND FEBRUARY 25, 2023, PURSUANT TO 50 U.S.C. 
        1622(d); PUBLIC LAW 94-412, SEC. 202(d); (90 STAT. 1257)




 February 17, 2023.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                         
                         
                         
                         
                         
                         
                            ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 39-011                WASHINGTON : 2023
 
                         
                         
                         
                         
                         
                         
                                           The White House,
                                     Washington, February 17, 2023.
Hon. Kevin McCarthy,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Section 202(d) of the National 
Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic 
termination of a national emergency unless, within 90 days 
prior to the anniversary date of its declaration, the President 
publishes in the Federal Register and transmits to the Congress 
a notice stating that the emergency is to continue in effect 
beyond the anniversary date. In accordance with this provision, 
I have sent to the Federal Register for publication the 
enclosed notice stating that the national emergency with 
respect to Libya declared in Executive Order 13566 of February 
25, 2011, and expanded in Executive Order 13726 of April 19, 
2016, is to continue in effect beyond February 25, 2023.
    Libyans confront ongoing instability originating from 
actions Colonel Muammar Qadhafi, his government, and close 
associates took against the people of Libya in 2011. Civil 
conflict in Libya will continue until Libyans resolve their 
political divisions and foreign military intervention ends. 
Because many of these divisions relate to access to resources, 
a serious risk remains that, if not protected, Libyan state 
assets will be misappropriated by parties determined to 
undermine the ongoing United Nations peace process, including 
former members of the Qadhafi government, members of the 
Qadhafi family, or Qadhafi's close associates. The diversion of 
these resources could prolong and deepen the current 
instability in Libya, which benefits ISIS and other terrorist 
groups that pose a serious threat to the national security of 
the United States and the security of regional partners. We run 
the risk of military escalation if sanctions do not remain in 
effect, particularly since those who reject dialogue and 
obstruct and undermine Libya's democratic transition remain 
interested in exploiting the wealth of the Libyan people to 
advance their narrow self-interest and perpetuate conflict in 
the country.
    The situation in Libya continues to pose an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States, and we need to protect against the 
diversion of assets or other abuse by persons hindering Libyan 
national reconciliation, including Qadhafi's family and 
associates. Therefore, I have determined that it is necessary 
to continue the national emergency declared in Executive Order 
13566 with respect to Libya.
            Sincerely,

                                               Joseph R. Biden, Jr.

                                 Notice

                              ----------                              


      Continuation of the National Emergency With Respect to Libya

    On February 25, 2011, by Executive Order 13566, the 
President declared a national emergency pursuant to the 
International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) to deal with the unusual and extraordinary threat to the 
national security and foreign policy of the United States 
constituted by the actions of Colonel Muammar Qadhafi, his 
government, and close associates, which took extreme measures 
against the people of Libya, including by using weapons of war, 
mercenaries, and wanton violence against unarmed civilians. In 
addition, there was a serious risk that Libyan state assets 
would be misappropriated by Qadhafi, members of his government, 
members of his family, or his close associates if those assets 
were not protected. The foregoing circumstances, the prolonged 
attacks, and the increased numbers of Libyans seeking refuge in 
other countries from the attacks caused a deterioration in the 
security of Libya and posed a serious risk to its stability.
    On April 19, 2016, the President signed Executive Order 
13726, which expanded the scope of the national emergency 
declared in Executive Order 13566. The President found that the 
ongoing violence in Libya, including attacks by armed groups 
against Libyan state facilities, foreign missions in Libya, and 
critical infrastructure, as well as human rights abuses, 
violations of the arms embargo imposed by United Nations 
Security Council Resolution 1970 (2011), and misappropriation 
of Libya's natural resources threaten the peace, security, 
stability, sovereignty, democratic transition, and territorial 
integrity of Libya, and thereby constitute an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States.
    The situation in Libya continues to pose an unusual and 
extraordinary threat to the national security and foreign 
policy of the United States, and measures are needed to protect 
against the diversion of assets or other abuses by members of 
Qadhafi's family, their associates, and other persons hindering 
Libyan national reconciliation.
    For this reason, the national emergency declared on 
February 25, 2011, and expanded on April 19, 2016, must 
continue in effect beyond February 25, 2023. Therefore, in 
accordance with section 202(d) of the National Emergencies Act 
(50 U.S.C. 1622(d)), I am continuing for 1 year the national 
emergency declared in Executive Order 13566.
    This notice shall be published in the Federal Register and 
transmitted to the Congress.

                                               Joseph R. Biden, Jr.
    The White House, February 17, 2023.