[Congressional Record Volume 156, Number 51 (Tuesday, April 13, 2010)]
[Senate]
[Page S2237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NOTIFICATION OF THE ISSUANCE OF AN EXECUTIVE ORDER BLOCKING THE 
PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE CONFLICT IN SOMALIA--PM 
                                   50

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Banking, Housing, and 
Urban Affairs:

To the Congress of the United States:
  Consistent with subsection 204(b) of the International Emergency 
Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and section 301 of the 
National Emergencies Act, 50 U.S.C. 1631 (NEA), I hereby report that I 
have issued an Executive Order (the ``order'') blocking the property of 
certain persons contributing to the conflict in Somalia. In that order, 
I declared a national emergency to deal with the unusual and 
extraordinary threat to the national security and foreign policy of the 
United States posed by that conflict, as described below.
  The United Nations Security Council, in Resolution 1844 of November 
20, 2008, reaffirmed its condemnation of all acts of violence in 
Somalia and incitement to violence inside Somalia, and expressed its 
concern at all acts intended to prevent or block a peaceful political 
process. United Nations Security Council Resolution (UNSCR) 1844 also 
expressed grave concern over the recent increase in acts of piracy and 
armed robbery at sea against vessels off the coast of Somalia, and 
noted the role piracy may play in financing violations of the arms 
embargo on Somalia imposed by UNSCR 733 of January 23, 1992. In UNSCR 
1844, the United Nations Security Council determined that the situation 
in Somalia poses a threat to international peace and security in the 
region and called on member States to apply certain measures against 
persons responsible for the continuing conflict. The United Nations 
Security Council has continued to express grave concern about the 
crisis in Somalia in UNSCR 1846 of December 2, 2008, UNSCR 1851 of 
December 16, 2008, and UNSCR 1872 of May 26, 2009.
  Pursuant to the IEEPA and the NEA, I have determined that the 
deterioration of the security situation and the persistence of violence 
in Somalia, and acts of piracy and armed robbery at sea off the coast 
of Somalia, constitute an unusual and extraordinary threat to the 
national security and foreign policy of the United States. The order 
declares a national emergency to deal with this threat.
  The order is not targeted at the entire country of Somalia, but 
rather is intended to target those who threaten peace and stability in 
Somalia, who inhibit the delivery of humanitarian assistance to Somalia 
or the distribution of such assistance in Somalia, or who supply arms 
or related materiel in violation of the arms embargo. The order blocks 
the property and interests in property in the United States, or in the 
possession or control of United States persons, of the persons listed 
in the Annex to the order, as well as of any person determined by the 
Secretary of the Treasury, in consultation with the Secretary of State:

  to have engaged in acts that directly or indirectly threaten the 
peace, security, or stability of Somalia, including but not limited to 
(1) acts that threaten the Djibouti Agreement of August 18, 2008, or 
the political process, or (2) acts that threaten the Transitional 
Federal Institutions, the African Union Mission in Somalia (AMISOM), or 
other international peacekeeping operations related to Somalia;
  to have obstructed the delivery of humanitarian assistance to 
Somalia, or access to, or distribution of, humanitarian assistance in 
Somalia; or
  to have directly or indirectly supplied, sold, or transferred to 
Somalia, or to have been the recipient in the territory of Somalia of, 
arms or any related materiel, or any technical advice, training, or 
assistance, including financing and financial assistance, related to 
military activities.

  The designation criteria will be applied in accordance with 
applicable Federal law including, where appropriate, the First 
Amendment to the United States Constitution. The designation criteria 
will also be applied taking into consideration the arms embargo on 
Somalia imposed by UNSCR 733 of January 23, 1992, as elaborated upon 
and amended by subsequent resolutions.
  The order also authorizes the Secretary of the Treasury, in 
consultation with the Secretary of State, to designate for blocking any 
person determined to have materially assisted, sponsored, or provided 
financial, material, logistical, or technical support for, or goods or 
services in support of, the activities described above or any person 
whose property and interests in property are blocked pursuant to the 
order. I determined that, among other threats to the peace, security, 
or stability of Somalia, acts of piracy or armed robbery at sea off the 
coast of Somalia threaten the peace, security, or stability of Somalia. 
I further authorized the Secretary of the Treasury, in consultation 
with the Secretary of State, to designate for blocking any person 
(defined as an individual or entity) determined 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 the order.
  I delegated to the Secretary of the Treasury, in consultation with 
the Secretary of State, the authority to take such actions, including 
the promulgation of rules and regulations, and to employ all powers 
granted to the President by IEEPA and the United Nations Participation 
Act, as may be necessary to carry out the purposes of the order. All 
executive agencies are directed to take all appropriate measures within 
their authority to carry out the provisions of the order.
  The order, a copy of which is enclosed, became effective at 12:01 
a.m. eastern daylight time on April 13, 2010.
                                                        Barack Obama.  
The White House, April 13, 2010.

                          ____________________