[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).








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May 5, 2023.--Referred jointly to the Committees on Foreign Affairs and 
                the Judiciary and ordered to be printed   
                
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                 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.

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