[Congressional Record Volume 158, Number 110 (Monday, July 23, 2012)]
[Senate]
[Pages S5256-S5257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY ORIGINALLY 
  DECLARED IN EXECUTIVE ORDER 13536 ON APRIL 12, 2010 WITH RESPECT TO 
SOMALIA, RECEIVED DURING ADJOURNMENT OF THE SENATE JULY 20, 2012--PM 58

  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:
  Pursuant to the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have issued an 
Executive Order (the ``order'') taking additional steps with respect to 
the national emergency declared in Executive Order 13536 of April 12, 
2010 (E.O. 13536).
  In E.O. 13536, I found that 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, which have 
repeatedly been the subject of United Nations Security Council 
resolutions, and violations of the arms embargo imposed by the United 
Nations Security Council in Resolution 733 of January 23, 1992, and 
elaborated upon and amended by subsequent resolutions, constitute an 
unusual and extraordinary threat to the national security and foreign 
policy of the United States. To address that threat, E.O. 13536 blocks 
the property and interests in property of persons listed in the Annex 
to E.O. 13536 or determined by the Secretary of the Treasury, in 
consultation with the Secretary of State, to meet criteria specified in 
E.O. 13536.
  In view of United Nations Security Council Resolution 2036 of 
February 22, 2012, and Resolution 2002 of July 29, 2011, I am issuing 
the order to take additional steps to deal with the national emergency 
declared in E.O. 13536 and to address exports of charcoal from Somalia, 
which generate significant revenue for al-Shabaab; the misappropriation 
of Somali public assets; and certain acts of violence committed against 
civilians in Somalia, all of which contribute to the deterioration of 
the security situation and the persistence of violence in Somalia.
  The order prohibits the importation into the United States, directly 
or indirectly, of charcoal from Somalia. It also amends the designation 
criteria specified in E.O. 13536. As amended by the order, E.O. 13536 
provides for the designation of persons 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: Acts 
that threaten the Djibouti Agreement of August 18, 2008, or the 
political process; acts that threaten the Transitional Federal 
Institutions or future Somali governing institutions, the African Union 
Mission in Somalia (AMISOM), or other future international peacekeeping 
operations related to Somalia; or acts to misappropriate Somali public 
assets;
  Have obstructed the delivery of humanitarian assistance to Somalia, 
or access to, or distribution of, humanitarian assistance in Somalia;
  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;
  Be responsible for or complicit in, or responsible for ordering, 
controlling, or otherwise directing, or to have participated in, the 
commission of acts of violence targeting civilians in Somalia, 
including killing and maiming, sexual and gender-based violence, 
attacks on schools and hospitals, taking hostages, and forced 
displacement;
  Be a political or military leader recruiting or using children in 
armed conflict in Somalia;
  Have engaged, directly or indirectly, in the import or export of 
charcoal from Somalia on or after February 22, 2012;
  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 E.O. 13536; or
  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 E.O. 13536.
  The designation criteria will be applied in accordance with 
applicable Federal law including, where appropriate, the First 
Amendment to the United States Constitution. In view of United Nations 
Security Council Resolution 2002 of July 29, 2011, persons who engage 
in non-local commerce via al-Shabaab-controlled ports that constitutes 
support for a person whose property and interests in property are 
blocked pursuant to E.O. 13536 may be subject to designation pursuant 
to E.O. 13536, as amended by the order.

[[Page S5257]]

  The order was effective at 2:00 p.m. eastern daylight time on July 
20, 2012. I have 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 power's granted to the President by IEEPA as may be 
necessary to carry out the purposes of the order. All agencies of the 
United States Government are directed to take all appropriate measures 
within their authority to carry out the provisions of the order.
  I am enclosing a copy of the Executive Order I have issued.
                                                        Barack Obama.  
The White House, July 20, 2012.

                          ____________________