[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Presidential Documents]
[Pages 36139-36142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12953]


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                         Presidential Documents 
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  Federal Register / Vol. 85 , No. 115 / Monday, June 15, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 36139]]

                Executive Order 13928 of June 11, 2020

                
Blocking Property of Certain Persons Associated 
                With the International Criminal Court

                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.) 
                (NEA), 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, DONALD J. TRUMP, President of the United States of 
                America, find that the situation with respect to the 
                International Criminal Court (ICC) and its illegitimate 
                assertions of jurisdiction over personnel of the United 
                States and certain of its allies, including the ICC 
                Prosecutor's investigation into actions allegedly 
                committed by United States military, intelligence, and 
                other personnel in or relating to Afghanistan, 
                threatens to subject current and former United States 
                Government and allied officials to harassment, abuse, 
                and possible arrest. These actions on the part of the 
                ICC, in turn, threaten to infringe upon the sovereignty 
                of the United States and impede the critical national 
                security and foreign policy work of United States 
                Government and allied officials, and thereby threaten 
                the national security and foreign policy of the United 
                States. The United States is not a party to the Rome 
                Statute, has never accepted ICC jurisdiction over its 
                personnel, and has consistently rejected ICC assertions 
                of jurisdiction over United States personnel. 
                Furthermore, in 2002, the United States Congress 
                enacted the American Service-Members' Protection Act 
                (22 U.S.C. 7421 et seq.) which rejected the ICC's 
                overbroad, non-consensual assertions of jurisdiction. 
                The United States remains committed to accountability 
                and to the peaceful cultivation of international order, 
                but the ICC and parties to the Rome Statute must 
                respect the decisions of the United States and other 
                countries not to subject their personnel to the ICC's 
                jurisdiction, consistent with their respective 
                sovereign prerogatives. The United States seeks to 
                impose tangible and significant consequences on those 
                responsible for the ICC's transgressions, which may 
                include the suspension of entry into the United States 
                of ICC officials, employees, and agents, as well as 
                their immediate family members. The entry of such 
                aliens into the United States would be detrimental to 
                the interests of the United States and denying them 
                entry will further demonstrate the resolve of the 
                United States in opposing the ICC's overreach by 
                seeking to exercise jurisdiction over personnel of the 
                United States and our allies, as well as personnel of 
                countries that are not parties to the Rome Statute or 
                have not otherwise consented to ICC jurisdiction.

                I therefore determine that any attempt by the ICC to 
                investigate, arrest, detain, or prosecute any United 
                States personnel without the consent of the United 
                States, or of personnel of countries that are United 
                States allies and who are not parties to the Rome 
                Statute or have not otherwise consented to ICC 
                jurisdiction, constitutes an unusual and extraordinary 
                threat to the national security and foreign policy of 
                the United States, and I hereby declare a national 
                emergency to deal with that threat. I hereby determine 
                and 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

[[Page 36140]]

                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 State, in 
consultation with the Secretary of the Treasury and the Attorney General:

  (A) to have directly engaged in any effort by the ICC to investigate, 
arrest, detain, or prosecute any United States personnel without the 
consent of the United States;

  (B) to have directly engaged in any effort by the ICC to investigate, 
arrest, detain, or prosecute any personnel of a country that is an ally of 
the United States without the consent of that country's government;

  (C) 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)(A) or (a)(i)(B) of 
this section or any person whose property and interests in property are 
blocked pursuant to this order; or

  (D) 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. 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(a) of this 
                order would seriously impair my ability to deal with 
                the national emergency declared in this order, and I 
                hereby prohibit such donations as provided by section 
                1(a) of this order.

                Sec. 3. The prohibitions in section 1(a) 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 section 1(a) of this order; and
                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 4. The unrestricted immigrant and nonimmigrant 
                entry into the United States of aliens determined to 
                meet one or more of the criteria in section 1(a) of 
                this order, as well as immediate family members of such 
                aliens, or aliens determined by the Secretary of State 
                to be employed by, or acting as an agent of, the ICC, 
                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 where the Secretary of State 
                determines that the entry of the person into the United 
                States would not be contrary to the interests of the 
                United States, including when the Secretary so 
                determines, based on a recommendation of the Attorney 
                General, that the person's entry would further 
                important United States law enforcement objectives. In 
                exercising this responsibility, the Secretary of State 
                shall consult the Secretary of Homeland Security on 
                matters related to admissibility or inadmissibility 
                within the authority of the Secretary of Homeland 
                Security. Such persons shall be treated 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). The Secretary 
                of State shall have the responsibility for implementing 
                this section pursuant to such conditions and procedures 
                as the Secretary has established or may establish 
                pursuant to Proclamation 8693.

[[Page 36141]]

                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. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the Federal Government by employees, grantees, or 
                contractors thereof.

                Sec. 7. For the purposes of this order:

                    (a) the term ``person'' means an individual or 
                entity;
                    (b) the term ``entity'' means a government or 
                instrumentality of such government, partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization, including an 
                international organization;
                    (c) the term ``United States person'' means any 
                United States citizen, permanent resident alien, 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;
                    (d) the term ``United States personnel'' means any 
                current or former members of the Armed Forces of the 
                United States, any current or former elected or 
                appointed official of the United States Government, and 
                any other person currently or formerly employed by or 
                working on behalf of the United States Government;
                    (e) the term ``personnel of a country that is an 
                ally of the United States'' means any current or former 
                military personnel, current or former elected or 
                appointed official, or other person currently or 
                formerly employed by or working on behalf of a 
                government of a North Atlantic Treaty Organization 
                (NATO) member country or a ``major non-NATO ally'', as 
                that term is defined by section 2013(7) of the American 
                Service-Members' Protection Act (22 U.S.C. 7432(7)); 
                and
                    (f) the term ``immediate family member'' means 
                spouses and children.

                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 
                section 1 of 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 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 adopting rules and 
                regulations, and to employ all powers granted to me by 
                IEEPA as may be necessary to implement this order. The 
                Secretary of the Treasury may, consistent with 
                applicable law, redelegate any of these functions 
                within the Department of the Treasury. All departments 
                and agencies of the United States shall take all 
                appropriate measures within their authority to 
                implement this order.

                Sec. 10. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                submit recurring and final reports to the Congress on 
                the national emergency declared in this order, 
                consistent with section 401(c) of the NEA (50 U.S.C. 
                1641(c)) and section 204(c) of IEEPA (50 U.S.C. 
                1703(c)).

                Sec. 11. (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.

[[Page 36142]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    June 11, 2020.

[FR Doc. 2020-12953
Filed 6-12-20; 8:45 am]
Billing code 3295-F0-P