[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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