[House Document 118-92]
[From the U.S. Government Publishing Office]




118th Congress, 1st Session - - - - - - - - - - House Document 118-92
 
   TAKING ADDITIONAL STEPS WITH RESPECT TO THE RUSSIAN FEDERATION'S 
                           HARMFUL ACTIVITIES

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

    AN EXECUTIVE ORDER TO TAKE ADDITIONAL STEPS WITH RESPECT TO THE 
   NATIONAL EMERGENCY IN EXECUTIVE ORDER 14024 OF APRIL 15, 2021, AS 
 AMENDED, WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT TO THE 
  NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMY OF THE UNITED STATES 
POSED BY SPECIFIED HARMFUL FOREIGN ACTIVITIES OF THE GOVERNMENT OF THE 
 RUSSIAN FEDERATION, 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)








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 December 22, 2023.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed   
                         
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
49-011                   WASHINGTON : 2023 
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                         
                                           The White House,
                                     Washington, December 22, 2023.
Hon. Mike Johnson,
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.), and section 301 of 
title 3, United States Code, I hereby report that I have issued 
an Executive Order to take additional steps with respect to the 
national emergency declared in Executive Order 14024 of April 
15, 2021, expanded by Executive Order 14066 of March 8, 2022, 
and relied on for additional steps taken in Executive Order 
14039 of August 20, 2021, Executive Order 14068 of March 11, 
2022, and Executive Order 14071 of April 6, 2022, with respect 
to the unusual and extraordinary threat to the national 
security, foreign policy, and economy of the United States 
posed by specified harmful foreign activities of the Government 
of the Russian Federation.
    The order amends Executive Order 14024 to authorize the 
imposition of sanctions on foreign financial institutions 
determined to have: (i) conducted or facilitated any 
significant transaction or transactions for or on behalf of any 
person designated for operating or having operated in certain 
Russian Federation military-industrial sectors; or (ii) 
conducted or facilitated any significant transaction or 
transactions, or provided any service, involving Russia's 
military-industrial base, including the sale, supply, or 
transfer, directly or indirectly, to the Russian Federation of 
any item or class of items as may be determined by the 
Secretary of the Treasury, in consultation with the Secretary 
of State and the Secretary of Commerce.
    The order also amends Executive Order 14068 to prohibit the 
importation and entry into the United States of additional 
products as may be determined by the Secretary of the Treasury, 
in consultation with the Secretary of State, the Secretary of 
Commerce, and the Secretary of Homeland Security, that may 
include: (i) certain categories of fish, seafood, and 
preparations thereof; diamonds; and other products mined, 
extracted, produced, or manufactured wholly or in part in the 
Russian Federation, or harvested in waters under the 
jurisdiction of the Russian Federation or by Russia-flagged 
vessels, notwithstanding whether such products have been 
incorporated or substantially transformed into other products 
outside of the Russian Federation; (ii) products containing 
such products; and (iii) prohibited products that transited 
through or were exported from or by the Russian Federation. The 
order authorizes the Secretary of Homeland Security, with the 
concurrence of the Secretary of the Treasury, to prescribe 
rules and regulations to collect any documentation or 
information as may be necessary to enforce such additional 
prohibitions on importation as expeditiously as possible.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                               Joseph R. Biden, Jr.


















                            Executive Order

                              ----------                              


   Taking Additional Steps With Respect to the Russian Federation's 
                           Harmful Activities

    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.), and section 301 of title 3, United States 
Code,
    I, JOSEPH R. BIDEN JR., President of the United States of 
America, in view of the Russian Federation's continued use of 
its military-industrial base to aid its effort to undermine 
security in countries and regions important to United States 
national security, including its reliance on the international 
financial system for the procurement of dual-use and other 
critical items from third countries, and in order to take 
additional steps with respect to the national emergency 
declared in Executive Order 14024 of April 15, 2021, expanded 
by Executive Order 14066 of March 8, 2022, and relied on for 
additional steps taken in Executive Order 14039 of August 20, 
2021, Executive Order 14068 of March 11, 2022, and Executive 
Order 14071 of April 6, 2022, hereby order:
    Section 1. Amendments to Executive Order 14024. Executive 
Order 14024 is hereby amended by redesignating section 11 of 
that order as section 12 and adding a new section 11 to read as 
follows:
    ``Sec. 11. (a) The Secretary of the Treasury, in 
consultation with the Secretary of State, and with respect to 
subsection (a)(ii) of this section, in consultation with the 
Secretary of State and the Secretary of Commerce, is hereby 
authorized to impose on a foreign financial institution the 
sanctions described in subsection (b) of this section, upon 
determining that the foreign financial institution has:
          (i) conducted or facilitated any significant 
        transaction or transactions for or on behalf of any 
        person designated pursuant to section 1(a)(i) of this 
        order for operating or having operated in the 
        technology, defense and related materiel, construction, 
        aerospace, or manufacturing sectors of the Russian 
        Federation economy, or other such sectors as may be 
        determined to support Russia's military-industrial base 
        by the Secretary of the Treasury, in consultation with 
        the Secretary of State; or
          (ii) conducted or facilitated any significant 
        transaction or transactions, or provided any service, 
        involving Russia's military-industrial base, including 
        the sale, supply, or transfer, directly or indirectly, 
        to the Russian Federation of any item or class of items 
        as may be determined by the Secretary of the Treasury, 
        in consultation with the Secretary of State and the 
        Secretary of Commerce.
    (b) With respect to any foreign financial institution 
determined to meet the criteria set forth in subsection (a) of 
this section, the Secretary of the Treasury, in consultation 
with the Secretary of State, may:
          (i) prohibit the opening of, or prohibit or impose 
        strict conditions on the maintenance of, correspondent 
        accounts or payable-through accounts in the United 
        States; or
          (ii) block 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 such foreign financial institution, and 
        provide that such property and interests in property 
        may not be transferred, paid, exported, withdrawn, or 
        otherwise dealt in.
    (c) The prohibitions in subsection (b) 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.
    (d) 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 subsection (b)(ii) of this section would seriously impair my 
ability to deal with the national emergency declared in this 
order, and I hereby prohibit such donations as provided by 
subsection (b)(ii) of this section.
    (e) The prohibitions in subsection (b)(ii) of this section 
include:
          (i) 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 subsection (b)(ii) of this section; 
        and
          (ii) the receipt of any contribution or provision of 
        funds, goods, or services from any such person.
    (f) For purposes of this section, the term ``foreign 
financial institution'' means any foreign entity that is 
engaged in the business of accepting deposits; making, 
granting, transferring, holding, or brokering loans or credits; 
purchasing or selling foreign exchange, securities, futures or 
options; or procuring purchasers and sellers thereof, as 
principal or agent. It includes depository institutions; banks; 
savings banks; money services businesses; operators of credit 
card systems; trust companies; insurance companies; securities 
brokers and dealers; futures and options brokers and dealers; 
forward contract and foreign exchange merchants; securities and 
commodities exchanges; clearing corporations; investment 
companies; employee benefit plans; dealers in precious metals, 
stones, or jewels; and holding companies, affiliates, or 
subsidiaries of any of the foregoing. The term does not include 
the international financial institutions identified in 22 
U.S.C. 262r(c)(2), the International Fund for Agricultural 
Development, the North American Development Bank, or any other 
international financial institution so notified by the Office 
of Foreign Assets Control.''.
    Sec. 2. Additional Amendments to Executive Order 14024. 
Executive Order 14024 is hereby amended by striking section 7 
and inserting, in lieu thereof, the following:
    Sec. 7. 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 
this order, there need be no prior notice of a listing or 
determination made pursuant to section 1 or section 11 of this 
order.''.
    Sec. 3. Amendments to Executive Order 14068. Executive 
Order 14068 is hereby amended as follows:
    (a) in section 1, by striking subsection (a)(i) and 
inserting, in lieu thereof, the following:
          (i) the importation and entry into the United States, 
        including importation for admission into a foreign 
        trade zone located in the United States, of:
                  (A) the following products of Russian 
                Federation origin: fish, seafood, and 
                preparations thereof; alcoholic beverages; non-
                industrial diamonds; and any other products of 
                Russian Federation origin, as may be determined 
                by the Secretary of the Treasury, in 
                consultation with the Secretary of State and 
                the Secretary of Commerce;
                  (B) categories of any of the following 
                products as may be determined by the Secretary 
                of the Treasury, in consultation with the 
                Secretary of State, the Secretary of Commerce, 
                and the Secretary of Homeland Security, that 
                were mined, extracted, produced, or 
                manufactured wholly or in part in the Russian 
                Federation, or harvested in waters under the 
                jurisdiction of the Russian Federation or by 
                Russia-flagged vessels, notwithstanding whether 
                such products have been incorporated or 
                substantially transformed into other products 
                outside of the Russian Federation: fish, 
                seafood, and preparations thereof; diamonds; 
                and any other such products as may be 
                determined by the Secretary of the Treasury, in 
                consultation with the Secretary of State, the 
                Secretary of Commerce, and the Secretary of 
                Homeland Security;
                  (C) products containing any of the products 
                subject to the prohibitions of subsections 
                (a)(i)(A)-(B) of this section, as may be 
                determined by the Secretary of the Treasury, in 
                consultation with the Secretary of State, the 
                Secretary of Commerce, and the Secretary of 
                Homeland Security; and
                  (D) products subject to the prohibitions of 
                subsections (a)(i)(A)-(C) of this section that 
                transited through or were exported from or by 
                the Russian Federation, as may be determined by 
                the Secretary of the Treasury, in consultation 
                with the Secretary of State, the Secretary of 
                Commerce, and the Secretary of Homeland 
                Security;'';
    (b) in section 1, by adding new subsections (c)-(f) to read 
as follows:
    ``(c) The prohibitions in subsection (a)(i) of this section 
apply with respect to:
          (i) products subject to the prohibitions of 
        subsection (a)(i)(A) of this section imported on or 
        after the date of this order or the date specified in 
        any determinations made pursuant to that subsection, 
        unless otherwise specified or authorized; and
          (ii) products subject to the prohibitions of 
        subsections (a)(i)(B)-(D) of this section imported on 
        or after the date specified in any determinations made 
        pursuant to those subsections, unless otherwise 
        specified or authorized.
    (d) The Secretary of Homeland Security, with the 
concurrence of the Secretary of the Treasury, shall prescribe 
rules and regulations to collect, including through an 
authorized electronic data interchange system as appropriate, 
any documentation or information as may be necessary to enforce 
subsections (a)(i)(B)-(D) and (c) of this section as 
expeditiously as possible.'';
    (c) in section 4, by striking ``and'' at the end of 
subsection 4(c), by striking the period at the end of 
subsection (d) and replacing it with ``; and'', and by 
inserting the following new subsection after subsection (d):
    ``(e) the term ``diamond'' includes any diamonds 
classifiable under subheadings 7102.10, 7102.31, and 7102.39 of 
the Harmonized Tariff Schedule of the United States and under 
any other subheadings of the Harmonized Tariff Schedule of the 
United States specified in determinations made pursuant to 
section (1)(a)(i) of this order.''; and
    (d) by striking section 5 and inserting, in lieu thereof, 
the following:
    Sec. 5. The Secretary of the Treasury, the Secretary of 
Commerce, and the Secretary of Homeland Security, in 
consultation with the Secretary of State, are 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, the Secretary of 
Commerce, and the Secretary of Homeland Security may, 
consistent with applicable law, redelegate any of these 
functions within the Department of the Treasury, the Department 
of Commerce, and the Department of Homeland Security, 
respectively. All executive departments and agencies of the 
United States shall take all appropriate measures within their 
authority to implement this order.''.
    Sec. 4. General Provisions. (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 persons.

                                               Joseph R. Biden, Jr.
    The White House, December 22, 2023.

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