[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Presidential Documents]
[Pages 43389-43394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15743]


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                         Presidential Documents 
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  Federal Register / Vol. 87, No. 139 / Thursday, July 21, 2022 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 43389]]

                Executive Order 14078 of July 19, 2022

                
Bolstering Efforts To Bring Hostages and 
                Wrongfully Detained United States Nationals Home

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Robert Levinson Hostage Recovery 
                and Hostage-taking Accountability Act (22 U.S.C. 1741 
                et seq.) (Levinson Act), 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, JOSEPH R. BIDEN JR., President of the United States 
                of America, find that hostage-taking and the wrongful 
                detention of United States nationals are heinous acts 
                that undermine the rule of law. Terrorist 
                organizations, criminal groups, and other malicious 
                actors who take hostages for financial, political, or 
                other gain--as well as foreign states that engage in 
                the practice of wrongful detention, including for 
                political leverage or to seek concessions from the 
                United States--threaten the integrity of the 
                international political system and the safety of United 
                States nationals and other persons abroad. I therefore 
                determine that hostage-taking and the wrongful 
                detention of United States nationals abroad constitute 
                an unusual and extraordinary threat to the national 
                security, foreign policy, and economy of the United 
                States. I hereby declare a national emergency to deal 
                with this threat.

                The United States Government must redouble its efforts 
                at home and with partners abroad to deter these 
                practices and to secure the release of those held as 
                hostages or wrongfully detained. Processes established 
                under Executive Order 13698 of June 24, 2015 (Hostage 
                Recovery Activities) and Presidential Policy Directive 
                30 of June 24, 2015 (U.S. Nationals Taken Hostage 
                Abroad and Personnel Recovery Efforts) (PPD-30) have 
                facilitated close interagency coordination on efforts 
                to secure the safe release of United States nationals 
                taken hostage abroad, including engagement with the 
                families of hostages and support of diplomatic 
                engagement with partners abroad. This order reinforces 
                the roles, responsibilities, and commitments contained 
                in those directives and seeks to ensure that--as with 
                hostage recovery activities--interagency coordination, 
                family engagement, and diplomatic tools are enshrined 
                in United States Government efforts to secure the safe 
                release and return of United States nationals 
                wrongfully detained by foreign state actors. This order 
                also reinforces tools to deter and to impose tangible 
                consequences on those responsible for, or complicit in, 
                hostage-taking or the wrongful detention of a United 
                States national abroad.

                Accordingly, I hereby order:

                Section 1. Executive Order 13698 and PPD-30 shall 
                continue to apply to United States hostage recovery 
                activities. Nothing in this order shall alter the 
                responsibilities of the Hostage Recovery Fusion Cell 
                (HRFC), the Hostage Response Group (HRG), or the 
                Special Presidential Envoy for Hostage Affairs (SPEHA), 
                established by Executive Order 13698, with respect to 
                hostage recovery activities under Executive Order 13698 
                or PPD-30. Nor shall this order alter the scope of PPD-
                30, which applies to both suspected and confirmed 
                hostage-takings in which a United States national is 
                abducted or held outside of the United States, as well 
                as to other hostage-takings occurring abroad in which 
                the United States has a national interest, but

[[Page 43390]]

                does not apply if a foreign government confirms that it 
                has detained a United States national.

                Sec. 2. (a) The HRG shall, in coordination with the 
                National Security Council's regional directorates as 
                appropriate, convene on a regular basis and as needed 
                at the request of the National Security Council to work 
                to secure the safe release of United States nationals 
                held hostage or wrongfully detained abroad.

                    (b) The HRG, in support of the Deputies Committee 
                of the National Security Council and consistent with 
                the process outlined in National Security Memorandum 2 
                of February 4, 2021 (Renewing the National Security 
                Council System), or any successor memorandum, shall:

(i) identify and recommend options and strategies to the President through 
the Assistant to the President for National Security Affairs to secure the 
recovery of hostages or the return of wrongfully detained United States 
nationals;

(ii) coordinate the development and implementation of policies, strategies, 
and procedures for the recovery of hostages or the return of wrongfully 
detained United States nationals;

(iii) coordinate and deconflict policy guidance, strategies, and activities 
that potentially affect the recovery or welfare of United States nationals 
held hostage or the return or welfare of United States nationals wrongfully 
detained abroad, including reviewing proposed recovery or return options;

(iv) receive regular updates from the HRFC, the Office of the SPEHA, and 
other executive departments and agencies (agencies), as the HRG deems 
appropriate, on the status of United States nationals being held hostage or 
wrongfully detained abroad and measures being taken to effect safe 
releases;

(v) receive regular updates from the Department of State on all new 
wrongful detention determinations; and

(vi) where higher-level guidance is required, make recommendations to the 
Deputies Committee of the National Security Council.

                Sec. 3. (a) The SPEHA shall report to the Secretary of 
                State on a regular basis and as needed to advance 
                efforts to secure the safe release of United States 
                nationals wrongfully detained abroad.

                    (b) The SPEHA shall, as appropriate and consistent 
                with applicable law:

(i) coordinate diplomatic engagements and strategy regarding hostage and 
wrongful detention cases, in coordination with the HRFC and relevant 
agencies, as appropriate and consistent with policy guidance communicated 
through the HRG;

(ii) share information, including information acquired during consular 
interactions and engagements, regarding wrongful detention cases with 
relevant agencies to facilitate close interagency coordination;

(iii) draw on the experience and expertise of the HRFC to support efforts 
to return wrongfully detained United States nationals, including by 
providing support and assistance to the families of those wrongfully 
detained;

(iv) develop and regularly update, in coordination with relevant agencies, 
strategies for wrongful detention cases for review by the HRG;

(v) ensure, in coordination with the Office of the Director of National 
Intelligence, that relevant agencies have access to necessary information, 
including intelligence information, on wrongful detention cases to inform 
strategies and options; and

(vi) share, in coordination with the Office of the Director of National 
Intelligence, relevant information, including intelligence information, on 
developments in wrongful detention cases with the families of wrongfully 
detained United States nationals, in a timely manner, as appropriate and 
consistent with the protection of sources and methods.

[[Page 43391]]

                    (c) To ensure that the United States Government 
                provides a coordinated, effective, and supportive 
                response to wrongful detentions, the Secretary of State 
                shall identify adequate resources to enable the SPEHA 
                to:

(i) ensure that all interactions by executive branch officials with the 
family of a wrongfully detained United States national occur in a 
coordinated fashion and that the family receives consistent and accurate 
information from the United States Government, as appropriate and 
consistent with applicable law;

(ii) provide support and assistance to wrongfully detained United States 
nationals and their families throughout their detention, including through 
coordination with the HRFC, as appropriate and consistent with applicable 
law; and

(iii) provide support and assistance to United States nationals upon their 
return to the United States from wrongful detention, including through 
coordination with the HRFC and the Department of Health and Human Services, 
as appropriate and consistent with applicable law.

                Sec. 4. The SPEHA, in coordination with the HRG, the 
                HRFC, and relevant agencies, as appropriate, shall 
                identify and recommend options and strategies to the 
                President through the Assistant to the President for 
                National Security Affairs to reduce the likelihood of 
                United States nationals being held hostage or 
                wrongfully detained abroad. The options shall seek to 
                counter and deter hostage-takings and wrongful 
                detentions by terrorist organizations, foreign 
                governments, and other actors by imposing costs on 
                those who participate in, support, or facilitate such 
                conduct. The strategies shall seek to deter any effort 
                to engage in hostage-taking or the wrongful detention 
                of United States nationals abroad through cooperation 
                with like-minded foreign governments and organizations.

                Sec. 5. The Secretary of State shall publicly or 
                privately designate or identify officials of foreign 
                governments who are involved, directly or indirectly, 
                in wrongful detentions, as appropriate and consistent 
                with applicable law, including section 7031(c) of the 
                Department of State, Foreign Operations, and Related 
                Programs Appropriations Act, 2022 (Division K of Public 
                Law 117-103).

                Sec. 6. (a) All property and interests in property of 
                the following persons 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, 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 be responsible for or complicit in, to have directly or indirectly 
engaged in, or to be responsible for ordering, controlling, or otherwise 
directing, the hostage-taking of a United States national or the wrongful 
detention of a United States national abroad;

  (B) to have attempted to engage in any activity described in subsection 
(a)(i)(A) of this section; or

  (C) to be or have been a leader or official of an entity that has engaged 
in, or whose members have engaged in, any of the activities described in 
subsections (a)(i)(A) or (a)(i)(B) of this section relating to the leader's 
or official's tenure;

(ii) any foreign person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State and the Attorney General:

  (A) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of:

(1) any activity described in subsection (a)(i)(A) of this section; or

(2) any person whose property and interests in property are blocked 
pursuant to this order;

[[Page 43392]]

  (B) to be owned, controlled, or directed 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; or

  (C) to have attempted to engage in any activity described in subsection 
(a)(ii)(A) of this section.

                    (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 prior to the date of this 
                order.

                Sec. 7. (a) The unrestricted immigrant and nonimmigrant 
                entry into the United States of noncitizens determined 
                to meet one or more of the criteria set forth in 
                section 6(a) of this order 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 
                authority 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. 8. 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 6 of this order.

                Sec. 9. (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. 10. 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 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 6 of 
                this order.

                Sec. 11. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is authorized to take such 
                actions, including the promulgation of rules and 
                regulations, and to employ all powers granted to the 
                President by IEEPA as may be necessary to carry out the 
                purposes of this order. The Secretary of the Treasury 
                may, consistent with applicable law, redelegate any of 
                these functions within the Department of the Treasury. 
                All agencies of the United States Government shall take 
                all appropriate measures within their authority to 
                carry out the provisions of this order.

[[Page 43393]]

                Sec. 12. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the United States Government by employees, grantees, 
                or contractors thereof.

                Sec. 13. 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. 
                1642(c)) and section 204(c) of IEEPA (50 U.S.C. 
                1703(c)).

                Sec. 14. For purposes of this order:

                    (a) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) 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 
                solely under the laws of the United States or existing 
                solely in the United States;
                    (c) the term ``hostage-taking'' has the same 
                meaning as provided in PPD-30, which is the unlawful 
                abduction or holding of a person or persons against 
                their will in order to compel a third person or 
                governmental organization to do or to abstain from 
                doing any act as a condition for the release of the 
                person detained;
                    (d) the term ``noncitizen'' means any person who is 
                not a citizen or noncitizen national of the United 
                States;
                    (e) the term ``person'' means an individual or 
                entity;
                    (f) the term ``United States national'' means:

(i) a ``national of the United States'' as defined in 8 U.S.C. 1101(a)(22) 
or 8 U.S.C. 1408; or

(ii) a lawful permanent resident with significant ties to the United 
States;

                    (g) 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; 
                and
                    (h) the term ``wrongful detention'' means a 
                detention that the Secretary of State has determined to 
                be wrongful consistent with section 302(a) of the 
                Levinson Act.

                Sec. 15. (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.

[[Page 43394]]

                    (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,

                    July 19, 2022.

[FR Doc. 2022-15743
Filed 7-20-22; 8:45 am]
Billing code 3395-F2-P