[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Presidential Documents]
[Pages 5331-5333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01197]


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  Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 5331]]

                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

                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.), the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), the Trade 
                Sanctions Reform and Export Enhancement Act of 2000 (22 
                U.S.C. 7201-7211) (TSRA), the Comprehensive Peace in 
                Sudan Act of 2004, as amended (Public Law 108-497) 
                (CPSA), the Darfur Peace and Accountability Act of 2006 
                (Public Law 109-344) (DPAA), and section 301 of title 
                3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, find that the situation that gave rise to the 
                actions taken in Executive Order 13067 of November 3, 
                1997, and Executive Order 13412 of October 13, 2006, 
                related to the policies and actions of the Government 
                of Sudan has been altered by Sudan's positive actions 
                over the past 6 months. These actions include a marked 
                reduction in offensive military activity, culminating 
                in a pledge to maintain a cessation of hostilities in 
                conflict areas in Sudan, and steps toward the 
                improvement of humanitarian access throughout Sudan, as 
                well as cooperation with the United States on 
                addressing regional conflicts and the threat of 
                terrorism. Given these developments, and in order to 
                see these efforts sustained and enhanced by the 
                Government of Sudan, I hereby order:

                Section 1. Effective July 12, 2017 and provided the 
                criteria in section 12(b) of this order are met, 
                sections 1 and 2 of Executive Order 13067 of November 
                3, 1997, are revoked, and Executive Order 13412 of 
                October 13, 2006, is revoked in its entirety. The 
                revocation of those provisions of Executive Order 13067 
                and of Executive Order 13412 shall not affect any 
                violation of any rules, regulations, orders, licenses, 
                or other forms of administrative action under those 
                orders during the period that those provisions were in 
                effect.

                Sec. 2. Pursuant to section 908(a)(3) of TSRA, I hereby 
                determine that it is in the national security interest 
                of the United States to waive, and hereby waive, the 
                application of section 908(a)(1) of TSRA with respect 
                to Sudan.

                Sec. 3. Pursuant to section 6(d) of CPSA, I hereby 
                determine and certify that it is in the national 
                interest of the United States to waive, and hereby 
                waive, the application of sections 6(a) and (b) of 
                CPSA.

                Sec. 4. The function of the President under section 
                6(c)(1) of CPSA is assigned to the Secretary of the 
                Treasury.

                Sec. 5. The functions of the President under section 
                6(c)(2) and the last sentence of section 6(d) of CPSA 
                are assigned to the Secretary of State, except that the 
                function of denial of entry is assigned to the 
                Secretary of Homeland Security.

                Sec. 6. The function of the President under section 8 
                of DPAA is assigned to the Secretary of State.

[[Page 5332]]

                Sec. 7. The Secretary of the Treasury and the Secretary 
                of Commerce are authorized to issue regulations, 
                licenses, and orders, and conduct such investigations 
                as may be necessary, to implement the provisions of 
                section 906 of TSRA.

                Sec. 8. This order is not intended to, and does not, 
                otherwise affect the national emergency declared in 
                Executive Order 13067 of November 3, 1997, as expanded 
                in scope by Executive Order 13400 of April 26, 2006, 
                which shall remain in place.

                Sec. 9. 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.

                Sec. 10. On or before July 12, 2017, the Secretary of 
                State, in consultation with the Secretary of the 
                Treasury, the Director of National Intelligence, and 
                the Administrator of the U.S. Agency for International 
                Development, and based on a consideration of relevant 
                and credible information from available sources, 
                including nongovernmental organizations, shall provide 
                to the President a report on whether the Government of 
                Sudan has sustained the positive actions that gave rise 
                to this order, including carrying out its pledge to 
                maintain a cessation of hostilities in conflict areas 
                in Sudan; continued improvement of humanitarian access 
                throughout Sudan; and maintaining its cooperation with 
                the United States on addressing regional conflicts and 
                the threat of terrorism. As much of the report as 
                possible, consistent with sources and methods, shall be 
                unclassified and made public.

                Sec. 11. (a) The Secretary of State, in consultation 
                with the Secretary of the Treasury, the Director of 
                National Intelligence, and the Administrator of the 
                U.S. Agency for International Development, and based on 
                a consideration of relevant and credible information 
                from available sources, including nongovernmental 
                organizations, shall provide to the President an 
                updated version of the report required in section 10 of 
                this order annually thereafter. As much of the report 
                as possible, consistent with sources and methods, shall 
                be unclassified and made public. To the extent a report 
                concludes that the Government of Sudan has or has not 
                sustained the positive actions that gave rise to this 
                order, the Secretary of State, in consultation with the 
                Secretary of the Treasury, the Director of National 
                Intelligence, and the Administrator of the U.S. Agency 
                for International Development, shall provide to the 
                President recommendations on appropriate U.S. 
                Government responses.

                    (b) Concurrent with the provision of the reports 
                required in section 11(a) of this order, the Secretary 
                of State, in consultation with the Secretary of the 
                Treasury, the Director of National Intelligence, and 
                the Administrator of the U.S. Agency for International 
                Development, shall publish a notice in the Federal 
                Register stating whether the Government of Sudan has 
                sustained the positive actions that gave rise to this 
                order.

                Sec. 12. (a) This order is effective on January 13, 
                2017, except for sections 1, 4, 5, 6, and 7 of this 
                order;

[[Page 5333]]

                    (b) Sections 1, 4, 5, 6, and 7 of this order are 
                effective on July 12, 2017, provided that the Secretary 
                of State, in consultation with the Secretary of the 
                Treasury, the Director of National Intelligence, and 
                the Administrator of the U.S. Agency for International 
                Development, has published a notice in the Federal 
                Register on or before that date, stating that the 
                Government of Sudan has sustained the positive actions 
                that gave rise to this order and that the Secretary of 
                State has provided to the President the report 
                described in section 10 of this order.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 13, 2017.

[FR Doc. 2017-01197
Filed 1-17-17; 8:45 am]
Billing code 3295-F7-P