[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Presidential Documents]
[Pages 71549-71553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27505]


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                         Presidential Documents 
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  Federal Register / Vol. 86 , No. 240 / Friday, December 17, 2021 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 71549]]

                Executive Order 14059 of December 15, 2021

                
Imposing Sanctions on Foreign Persons Involved in 
                the Global Illicit Drug Trade

                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), the Fentanyl Sanctions Act (21 U.S.C. 2301 et 
                seq.) (FSA), sections 212(f) and 215(a) of the 
                Immigration and Nationality Act of 1952 (8 U.S.C. 
                1182(f) and 1185(a)), and section 301 of title 3, 
                United States Code,

                I, JOSEPH R. BIDEN JR., President of the United States 
                of America, find that the trafficking into the United 
                States of illicit drugs, including fentanyl and other 
                synthetic opioids, is causing the deaths of tens of 
                thousands of Americans annually, as well as countless 
                more non-fatal overdoses with their own tragic human 
                toll. Drug cartels, transnational criminal 
                organizations, and their facilitators are the primary 
                sources of illicit drugs and precursor chemicals that 
                fuel the current opioid epidemic, as well as drug-
                related violence that harms our communities. I find 
                that international drug trafficking--including the 
                illicit production, global sale, and widespread 
                distribution of illegal drugs; the rise of extremely 
                potent drugs such as fentanyl and other synthetic 
                opioids; as well as the growing role of Internet-based 
                drug sales--constitutes an unusual and extraordinary 
                threat to the national security, foreign policy, and 
                economy of the United States. This serious threat 
                requires our country to modernize and update our 
                response to drug trafficking. I hereby declare a 
                national emergency to deal with that threat.

                Accordingly, I hereby order:

                Section 1. (a) The Secretary of the Treasury is 
                authorized to impose any of the sanctions described in 
                section 2 of this order on any foreign person 
                determined by the Secretary of the Treasury, in 
                consultation with the Secretary of State, the Attorney 
                General, and the Secretary of Homeland Security:

(i) to have engaged in, or attempted to engage in, activities or 
transactions that have materially contributed to, or pose a significant 
risk of materially contributing to, the international proliferation of 
illicit drugs or their means of production; or

(ii) to have knowingly received any property or interest in property that 
the foreign person knows:

                    (A) constitutes or is derived from proceeds of 
                activities or transactions that have materially 
                contributed to, or pose a significant risk of 
                materially contributing to, the international 
                proliferation of illicit drugs or their means of 
                production; or
                    (B) was used or intended to be used to commit or to 
                facilitate activities or transactions that have 
                materially contributed to, or pose a significant risk 
                of materially contributing to, the international 
                proliferation of illicit drugs or their means of 
                production.
                    (b) The Secretary of the Treasury is authorized to 
                impose any of the sanctions described in section 2 of 
                this order on any foreign person determined by the 
                Secretary of the Treasury, in consultation with the 
                Secretary of State, the Attorney General, and the 
                Secretary of Homeland Security:

(i) to have provided, or attempted to provide, financial, material, or 
technological support for, or goods or services in support of:

[[Page 71550]]

                    (A) any activity or transaction described in 
                subsection (a)(i) of this section; or
                    (B) any sanctioned person;

(ii) to be or have been a leader or official of any sanctioned person or of 
any foreign person that has engaged in any activity or transaction 
described in subsection (a)(i) of this section; or

(iii) to be owned, controlled, or directed by, or to have acted or 
purported to act for or on behalf of, directly or indirectly, any 
sanctioned person.

                    (c) The Secretary of the Treasury is authorized to 
                impose any of the sanctions described in section 2 of 
                this order consistent with the requirements of section 
                7212 of the FSA (21 U.S.C. 2312) on any foreign person 
                determined by the President, or by the Secretary of the 
                Treasury pursuant to authority delegated by the 
                President and in accordance with the terms of such 
                delegation, to be subject to sanctions pursuant to 
                section 7212 of the FSA.

                Sec. 2. When the Secretary of the Treasury, in 
                accordance with the terms of section 1 of this order, 
                has determined that a foreign person meets any of the 
                criteria in section 1(a)-(c) of this order, the 
                Secretary of the Treasury, in consultation with the 
                Secretary of State, the Attorney General, and the 
                Secretary of Homeland Security, is authorized to select 
                one or more of the sanctions set forth in subsections 
                (a)(i)-(vi) of this section to impose on that foreign 
                person.

                    (a) The Secretary of the Treasury shall take the 
                following actions as necessary to implement the 
                selected sanctions:

(i) block all property and interests in property of the sanctioned person 
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, and provide that such property and interests in 
property may not be transferred, paid, exported, withdrawn, or otherwise 
dealt in;

(ii) prohibit any transfers of credit or payments between financial 
institutions, or by, through, or to any financial institution, to the 
extent that such transfers or payments are subject to the jurisdiction of 
the United States and involve any interest of the sanctioned person;

(iii) prohibit any United States financial institution from making loans or 
providing credit to the sanctioned person;

(iv) prohibit any transactions in foreign exchange that are subject to the 
jurisdiction of the United States and in which the sanctioned person has 
any interest;

(v) prohibit any United States person from investing in or purchasing 
significant amounts of equity or debt instruments of the sanctioned person; 
or

(vi) impose on the principal executive officer or officers of the 
sanctioned person, or on persons performing similar functions and with 
similar authorities as such officer or officers, any of the sanctions 
described in subsections (a)(i)-(v) of this section that are applicable.

                    (b) The heads of the relevant executive departments 
                and agencies, in consultation with the Secretary of the 
                Treasury, shall take the following actions as necessary 
                and appropriate to implement the sanctions selected by 
                the Secretary of the Treasury:

(i) with respect to a sanctioned person that is a financial institution:

                    (A) the Board of Governors of the Federal Reserve 
                System and the Federal Reserve Bank of New York shall 
                not designate, and shall rescind any prior designation 
                of, the sanctioned person as a primary dealer in United 
                States Government debt instruments; and
                    (B) the sanctioned person shall not serve as an 
                agent of the United States Government or serve as a 
                repository for United States Government funds;

[[Page 71551]]

(ii) actions required to ensure that executive departments and agencies 
shall not procure, or enter into a contract for the procurement of, any 
goods or services from the sanctioned person;

(iii) actions required to suspend entry into the United States of any 
noncitizen whom the Secretary of the Treasury, in consultation with the 
Secretary of State, the Attorney General, and the Secretary of Homeland 
Security, determines is a leader, official, senior executive officer, or 
director of, or a shareholder with a controlling interest in, the 
sanctioned person; or

(iv) actions required to impose on the principal executive officer or 
officers of the sanctioned person, or on persons performing similar 
functions and with similar authorities as such officer or officers, any of 
the sanctions described in subsections (b)(i)-(iii) of this section that 
are applicable.

                Sec. 3. The prohibitions in section 2 of this order 
                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 prior to the date of this order.

                Sec. 4. (a) The unrestricted immigrant and nonimmigrant 
                entry into the United States of noncitizens determined 
                to meet any of the criteria in section l(a)-(c) of this 
                order, and for whom the sanctions described in section 
                2(a)(i) or 2(b)(iii) of this order have been selected, 
                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 when the Secretary of State or the 
                Secretary of Homeland Security, as appropriate, 
                determines that the person's entry would not be 
                contrary to the interests of the United States, 
                including when the Secretary of State or the Secretary 
                of Homeland Security, as appropriate, so determines, 
                based on a recommendation of the Attorney General, that 
                the person's entry would further important United 
                States law enforcement objectives.

                    (b) The Secretary of State shall implement this 
                order as it applies to visas pursuant to such 
                procedures as the Secretary of State, in consultation 
                with the Secretary of Homeland Security, may establish.
                    (c) The Secretary of Homeland Security shall 
                implement this order as it applies to the entry of 
                noncitizens pursuant to such procedures as the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, may establish.
                    (d) Such persons shall be treated by this section 
                in the same manner 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).

                Sec. 5. The prohibitions in section 2(a)(i) 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 this order; and
                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 6. (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. 7. 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 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 2(a) of this 
                order.

[[Page 71552]]

                Sec. 8. For the purpose of this order:

                    (a) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) the term ``financial institution'' includes a 
                depository institution (as defined in section 3(c)(l) 
                of the Federal Deposit Insurance Act (12 U.S.C. 
                1813(c)(l))), including a branch or agency of a foreign 
                bank (as defined in section 1(b)(7) of the 
                International Banking Act of 1978 (12 U.S.C. 3101(7))); 
                a credit union; a securities firm, including a broker 
                or dealer; an insurance company, including an agency or 
                underwriter; and any other company that provides 
                financial services;
                    (c) the term ``foreign person'' means any citizen 
                or national of a foreign state (including any such 
                individual who is also a citizen or national of the 
                United States, provided such individual does not reside 
                in the United States) or any entity not organized under 
                the laws of the United States;
                    (d) the term ``knowingly'' or ``knows'' with 
                respect to conduct, a circumstance, or a result, means 
                that a person has actual knowledge, or should have 
                known, of the conduct, the circumstance, or the result;
                    (e) the phrase ``means of production'' includes any 
                activities or transactions involving any equipment, 
                chemical, product, or material that may be used, 
                directly or indirectly, in the manufacture of illicit 
                drugs or precursor chemicals;
                    (f) the term ``noncitizen'' means any person who is 
                not a citizen or noncitizen national of the United 
                States;
                    (g) the term ``person'' means an individual or 
                entity;
                    (h) the term ``proliferation of illicit drugs'' 
                means any illicit activity to produce, manufacture, 
                distribute, sell, or knowingly finance or transport: 
                narcotic drugs, controlled substances, listed 
                chemicals, or controlled substance analogues, as 
                defined in section 102 of the Controlled Substances Act 
                (21 U.S.C. 802);
                    (i) the term ``sanctioned person'' means any person 
                sanctioned pursuant to this order;
                    (j) the term ``United States financial 
                institution'' means a financial institution (including 
                its foreign branches) organized under the laws of the 
                United States or of any jurisdiction within the United 
                States or located in the United States; and
                    (k) the term ``United States person'' means any 
                United States citizen, lawful permanent resident, 
                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.

                Sec. 9. 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 those 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 this order.

                Sec. 10. The Secretary of the Treasury, in consultation 
                with the Secretary of State, the Attorney General, and 
                the Secretary of Homeland Security, is authorized to 
                take such actions, including promulgating rules and 
                regulations, and to employ all powers granted to the 
                President by the FSA or 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 executive departments and agencies shall take all 
                appropriate measures within their authority to 
                implement the provisions of this order.

[[Page 71553]]

                Sec. 11. 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. 12. (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 person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 15, 2021.

[FR Doc. 2021-27505
Filed 12-16-21; 8:45 am]
Billing code 3395-F2-P