[House Document 118-36]
[From the U.S. Government Publishing Office]
118th Congress, 1st Session - - - - - - - - - - House Document 118-36
IMPOSING SANCTIONS ON CERTAIN PERSONS DESTABILIZING SUDAN AND
UNDERMINING THE GOAL OF A DEMOCRATIC TRANSITION
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A COMMUNICATION WITH RESPECT TO THE SITUATION IN SUDAN THAT WAS
DECLARED IN EXECUTIVE ORDER 13067 OF NOVEMBER 3, 1997, AS AMENDED BY
EXECUTIVE ORDER 13400 OF APRIL 26, 2006, FURTHER AMENDED AS OF MAY 4,
2023, PURSUANT TO (91 STAT. 1627) AND 50 U.S.C. 1641(b); PUB. L. 94-
412, SEC. 401(b).
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 5, 2023.--Referred jointly to the Committees on Foreign Affairs and
the Judiciary and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
39-011 WASHINGTON : 2023
The White House,
Washington, May 4, 2023.
Hon. Kevin McCarthy,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), 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 hereby report
that I have issued an Executive Order that expands the scope of
the national emergency declared in Executive Order 13067 of
November 3, 1997 (Blocking Sudanese Government Property and
Prohibiting Transactions With Sudan), and expanded by Executive
Order 13400 of April 26, 2006 (Blocking Property of Persons in
Connection With the Conflict in Sudan's Darfur Region).
I find that the situation in Sudan, including the
military's seizure of power in October 2021 and the outbreak of
interservice fighting in April 2023, constitutes an unusual and
extraordinary threat to the national security and foreign
policy of the United States.
It is the policy of the United States to support a
transition to democracy and civilian transitional government in
Sudan, to defend such a transitional government from those who
would prevent its initial formation through violence and other
methods, and, once formed, to protect it from those who would
undermine it. The United States, in cooperation with like-
minded partners, will help such a transitional government, when
formed, meet the needs of the Sudanese people and prepare for
democratic elections.
Through this Executive Order, I am imposing sanctions on
persons determined to have engaged or attempted to engage in
actions or policies that threaten the peace, security, or
stability of Sudan; actions or policies that undermine the
formation or operation of a civilian transitional government,
Sudan's transition to democracy, or a future democratically
elected government; actions or policies that undermine
democratic processes or institutions in Sudan; censorship or
other actions or policies that limit the exercise of freedoms
of expression, association, or peaceful assembly; corruption;
serious human rights abuse; the targeting of women, children,
or any other civilians; the obstruction of the activities of
United Nations missions; and attacks against United Nations
missions.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Joseph R. Biden, Jr.
Executive Order
----------
Imposing Sanctions on Certain Persons Destabilizing Sudan and
Undermining the Goal of a Democratic Transition
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.), 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 13067 of November 3, 1997 (Blocking
Sudanese Government Property and Prohibiting Transactions With
Sudan), and expanded by Executive Order 13400 of April 26, 2006
(Blocking Property of Persons in Connection With the Conflict
in Sudan's Darfur Region), finding that the situation in Sudan,
including the military's seizure of power in October 2021 and
the outbreak of inter-service fighting in April 2023,
constitutes an unusual and extraordinary threat to the national
security and foreign policy of the United States.
It is the policy of the United States to support a
transition to democracy and civilian transitional government in
Sudan, to defend such a transitional government from those who
would prevent its initial formation through violence and other
methods, and, once formed, to protect it from those who would
undermine it. The United States, in cooperation with like-
minded partners, will help such a transitional government, when
formed, meet the needs of the Sudanese people and prepare for
democratic elections.
Accordingly, to address the threat described in this order
and to take further steps with respect to this national
emergency, I hereby order:
Section 1. (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 of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) any foreign person determined by the Secretary of
the Treasury, in consultation with the Secretary of
State, 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 or policies that threaten the
peace, security, or stability of Sudan;
(B) actions or policies that obstruct,
undermine, delay, or impede, or pose a
significant risk of obstructing, undermining,
delaying, or impeding, the formation or
operation of a civilian transitional
government, Sudan's transition to democracy, or
a future democratically elected government;
(C) actions or policies that have the purpose
or effect of undermining democratic processes
or institutions in Sudan;
(D) censorship or other actions or policies
that prohibit, limit, or penalize the exercise
of freedoms of expression, association, or
peaceful assembly by individuals in Sudan, or
that limit access to free and independent news
or information in or with respect to Sudan;
(E) corruption, including bribery,
misappropriation of state assets, and
interference with public processes such as
government oversight of parastatal budgets and
revenues for personal benefit;
(F) serious human rights abuse, including
serious human rights abuse related to political
repression, in or with respect to Sudan;
(G) the targeting of women, children, or any
other civilians through the commission of acts
of violence (including killing, maiming,
torture, or rape or other sexual violence),
abduction, forced displacement, or attacks on
schools, hospitals, religious sites, or
locations where civilians are seeking refuge,
or through conduct that would constitute a
serious abuse or violation of human rights or a
violation of international humanitarian law;
(H) the obstruction of the activities of
United Nations missions--including peacekeeping
missions, as well as diplomatic or humanitarian
missions--in Sudan, or of the delivery of,
distribution of, or access to humanitarian
assistance; or
(I) attacks against United Nations missions,
including peacekeeping operations;
(ii) any foreign person determined by the Secretary
of the Treasury, in consultation with the Secretary of
State, to be or have been a leader, official, senior
executive officer, or member of the board of directors
of any entity:
(A) that has, or whose members have, engaged
in any activity described in subsection (a)(i)
of this section relating to the tenure of such
leader, official, senior executive officer, or
member of the board of directors; or
(B) whose property and interests in property
are blocked pursuant to this order relating to
the tenure of such leader, official, senior
executive officer, or member of the board of
directors;
(iii) any foreign person determined by the Secretary
of the Treasury, in consultation with the Secretary of
State, to be a spouse or adult child of any person
whose property and interests in property are blocked
pursuant to this order;
(iv) any foreign person determined by the Secretary
of the Treasury, in consultation with the Secretary of
State, to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
activity described in subsection (a)(i) of this section
or any person whose property and interests in property
are blocked pursuant to this order; or
(v) any foreign person determined by the
Secretary of the Treasury, in consultation with
the Secretary of State, 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.
(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 before the date
of this order.
Sec. 2. Following the issuance of a determination by the
Secretary of State, in consultation with the Secretary of the
Treasury and the Administrator of the United States Agency for
International Development, that a civilian transitional
government has been formed in Sudan, the Assistant to the
President for National Security Affairs shall coordinate,
through the interagency process identified in National Security
Memorandum 2 of February 4, 2021 (Renewing the National
Security Council System), or any successor memorandum, the
executive branch actions necessary to implement the policy set
forth in this order, including coordinating executive
departments and agencies (agencies) to mobilize international
assistance to support such a civilian transitional government
in implementing political, economic, security, and human
rights-related reforms essential for completing a democratic
transition.
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. 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 section 1 of this order would seriously impair my ability to
deal with the national emergency declared in Executive Order
13067, and expanded by Executive Order 13400 and this order,
and I hereby prohibit such donations as provided by section 1
of this order.
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. (a) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens determined to meet
one or more of the criteria set forth in section 1(a) 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 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. 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; and
(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.
Sec. 8. 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 13067, and expanded by Executive Order 13400
and this order, there need be no prior notice of a listing or
determination made pursuant to section 1 of this order.
Sec. 9. 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 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, or contractors thereof.
Sec. 11. Nothing in this order is intended to affect the
continued effectiveness of any action taken pursuant to
Executive Order 13761 of January 13, 2017 (Recognizing Positive
Actions by the Government of Sudan and Providing for the
Revocation of Certain Sudan-Related Sanctions), and Executive
Order 13804 of July 11, 2017 (Allowing Additional Time for
Recognizing Positive Actions by the Government of Sudan and
Amending Executive Order 13761).
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, May 4, 2023.
[all]