[House Document 118-102]
[From the U.S. Government Publishing Office]
118th Congress, 2d Session - - - - - - - - - - - House Document 118-102
IMPOSING CERTAIN SANCTIONS ON PERSONS UNDERMINING PEACE, SECURITY, AND
STABILITY IN THE WEST BANK
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
EXECUTIVE ORDER OF NATIONAL EMERGENCY WITH RESPECT TO THE SITUATION IN
THE WEST BANK, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 95-223, SEC.
204(b); (91 STAT. 1627) AND 50 U.S.C. 1641(b); PUBLIC LAW 94-412, SEC.
401(b); (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 1, 2024.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
49-011 WASHINGTON : 2024
To the Congress of the United States:
Pursuant to 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.), section 212(f) and section 215(a) of
the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)
and 8 U.S.C. 1185 (a)), and section 301 of title 3, United
States Code, I hereby report that I have issued an Executive
Order declaring a national emergency to deal with the threat
posed by the situation in the West Bank, including in
particular high levels of extremist settler violence, forced
displacement of people and villages, and property destruction.
Such actions constitute a serious threat to the peace,
security, and stability of the West Bank and Gaza, Israel, and
the broader Middle East region and undermine the foreign policy
and national security objectives of the United States. I find
that these actions constitute an unusual and extraordinary
threat to the national security and foreign policy of the
United States, and I have declared a national emergency to deal
with that threat.
The order authorizes the blocking of property and interests
in property of any foreign person determined by the Secretary
of State, in consultation with the Secretary of the Treasury,
or the Secretary of the Treasury, in consultation with the
Secretary of State:
(i) to be responsible for or complicit in, or to have
directly or indirectly engaged or attempted to engage
in, actions--including directing, enacting,
implementing, enforcing, or failing to enforce
policies--that threaten the peace, security, or
stability of the West Bank;
(ii) to be responsible for or complicit in, or to
have directly or indirectly engaged or attempted to
engage in, planning, ordering, otherwise directing, or
participating in certain actions--including acts of
violence or threats of violence targeting civilians,
efforts to place civilians in reasonable fear of
violence, property destruction, or seizure or
dispossession of property by private actors--affecting
the West Bank;
(iii) to be or have been a leader or official of
certain entities that have engaged in, or whose members
have engaged in, such activities;
(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 blocked pursuant to the order; or
(v) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or
indirectly, any person blocked pursuant to the order.
The order also authorizes, the blocking of property and
interests in property of any foreign person determined by the
Secretary of State, in consultation with the Secretary of the
Treasury, to have committed or have attempted to commit, to
pose a significant risk of committing, or to have participated
in training to commit acts of terrorism affecting the West
Bank. In addition, the order suspends the entry into the United
States of any noncitizen determined to meet one or more of the
above criteria.
The order authorizes the Secretary of the Treasury, 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 as may be
necessary to carry out the purposes of the order. It directs
the Secretary of State, in consultation with the Secretary of
Homeland Security, to implement the order as it applies to
visas, and it directs the Secretary of Homeland Security, in
consultation with the Secretary of State, to implement the
order as it applies to the entry into the United States of
noncitizens. All executive departments and agencies of the
United States are directed to take all appropriate measures
within their authority to implement the order.
I am enclosing a copy of the Executive Order I have issued.
Joseph R. Biden, Jr.
The White House, February 1, 2024.
Executive Order
----------
Imposing Certain Sanctions on Persons Undermining Peace, Security, and
Stability in the West Bank
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) and section 215(a)
of the Immigration and Nationality Act of 1952 (8 U.S.C.
1182(f) and 8 U.S.C. 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 situation in the West Bank--in
particular high levels of extremist settler violence, forced
displacement of people and villages, and property destruction--
has reached intolerable levels and constitutes a serious threat
to the peace, security, and stability of the West Bank and
Gaza, Israel, and the broader Middle East region. These actions
undermine the foreign policy objectives of the United States,
including the viability of a two-state solution and ensuring
Israelis and Palestinians can attain equal measures of
security, prosperity, and freedom. They also undermine the
security of Israel and have the potential to lead to broader
regional destabilization across the Middle East, threatening
United States personnel and interests. For these reasons, these
actions constitute an unusual and extraordinary threat to the
national security and foreign policy of the United States. I
hereby declare a national emergency to deal with that threat.
Accordingly, I hereby order:
Section 1. 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:
(a) any foreign person determined by the Secretary of
State, in consultation with the Secretary of the Treasury, or
the Secretary of the Treasury, in consultation with the
Secretary of State:
(i) to be responsible for or complicit in, or to have
directly or indirectly engaged or attempted to engage
in, any of the following:
(A) actions--including directing, enacting,
implementing, enforcing, or failing to enforce
policies--that threaten the peace, security, or
stability of the West Bank; or
(B) planning, ordering, otherwise directing,
or participating in any of the following
actions affecting the West Bank:
(1) an act of violence or threat of
violence targeting civilians;
(2) efforts to place civilians in
reasonable fear of violence with the
purpose or effect of necessitating a
change of residence to avoid such
violence;
(3) property destruction; or
(4) seizure or dispossession of
property by private actors;
(ii) to be or have been a leader or official of:
(A) an entity, including any government
entity, that has engaged in, or whose members
have engaged in, any of the activities
described in subsections (a) or (b) of this
section related to the leader's or official's
tenure; or
(B) an entity whose property and interests in
property are blocked pursuant to this order as
a result of activities relating to the leader's
or official's tenure;
(iii) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
person blocked pursuant to this order; or
(iv) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person blocked pursuant to this order;
or
(b) any foreign person determined by the Secretary of
State, in consultation with the Secretary of the Treasury:
(i) to have committed or have attempted to commit, to
pose a significant risk of committing, or to have
participated in training to commit acts of terrorism
affecting the West Bank; or
(ii) to be a leader or official of an entity
sanctioned pursuant to subsection (b)(i) of this
section.
Sec. 2. The prohibitions in section 1 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 before the date of 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) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens determined to meet
one or more of the criteria in section 1 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 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. (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. 6. 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)) 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 1 of this order.
Sec. 7. 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 ``noncitizen'' means any person who is not a
citizen or noncitizen national of the United States;
(c) the term ``person'' means an individual or entity;
(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; and
(e) the term ``terrorism'' means an activity that:
(i) involves a violent act or an act dangerous to
human life, property, or infrastructure; and
(ii) appears to be intended:
(A) to intimidate or coerce a civilian
population;
(B) to influence the policy of a government
by intimidation or coercion; or
(C) to affect the conduct of a government by
mass destruction, assassination, kidnapping, or
hostage-taking.
Sec. 8. For those persons whose property and interests in
property are blocked or affected by this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds and 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
this order, there need be no prior notice of a listing or
determination made pursuant to this order.
Sec. 9. The Secretary of the Treasury, in consultation with
the Secretary of State, is 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. 10. Nothing in this order shall prohibit transactions
for the conduct of the official business of the Federal
Government or the United Nations (including its specialized
agencies, programs, funds, and related organizations) by
employees, grantees, and contractors thereof.
Sec. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is 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:
(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 1, 2024.
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