[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Presidential Documents]
[Pages 29529-29533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09826]



[[Page 29527]]

Vol. 88

Friday,

No. 87

May 5, 2023

Part V





The President





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Executive Order 14098--Imposing Sanctions on Certain Persons 
Destabilizing Sudan and Undermining the Goal of a Democratic Transition
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  Federal Register / Vol. 88 , No. 87 / Friday, May 5, 2023 / 
Presidential Documents  

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 Title 3--
 The President

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                Executive Order 14098 of May 4, 2023

                
Imposing Sanctions on Certain Persons 
                Destabilizing Sudan and Undermining the Goal of a 
                Democratic Transition

                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.), 
                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, hereby expand the scope of the national 
                emergency declared in Executive Order 13067 of November 
                3, 1997 (Blocking Sudanese Government Property and 
                Prohibiting Transactions With Sudan), and expanded by 
                Executive Order 13400 of April 26, 2006 (Blocking 
                Property of Persons in Connection With the Conflict in 
                Sudan's Darfur Region), finding that the situation in 
                Sudan, including the military's seizure of power in 
                October 2021 and the outbreak of inter-service fighting 
                in April 2023, constitutes an unusual and extraordinary 
                threat to the national security and foreign policy of 
                the United States.

                It is the policy of the United States to support a 
                transition to democracy and civilian transitional 
                government in Sudan, to defend such a transitional 
                government from those who would prevent its initial 
                formation through violence and other methods, and, once 
                formed, to protect it from those who would undermine 
                it. The United States, in cooperation with like-minded 
                partners, will help such a transitional government, 
                when formed, meet the needs of the Sudanese people and 
                prepare for democratic elections.

                Accordingly, to address the threat described in this 
                order and to take further steps with respect to this 
                national emergency, I hereby 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 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 the Treasury, in 
consultation with the Secretary of State, to be responsible for, or 
complicit in, or to have directly or indirectly engaged or attempted to 
engage in, any of the following:

  (A) actions or policies that threaten the peace, security, or stability 
of Sudan;

  (B) actions or policies that obstruct, undermine, delay, or impede, or 
pose a significant risk of obstructing, undermining, delaying, or impeding, 
the formation or operation of a civilian transitional government, Sudan's 
transition to democracy, or a future democratically elected government;

  (C) actions or policies that have the purpose or effect of undermining 
democratic processes or institutions in Sudan;

  (D) censorship or other actions or policies that prohibit, limit, or 
penalize the exercise of freedoms of expression, association, or peaceful 
assembly by individuals in Sudan, or that limit access to free and 
independent news or information in or with respect to Sudan;

[[Page 29530]]

  (E) corruption, including bribery, misappropriation of state assets, and 
interference with public processes such as government oversight of 
parastatal budgets and revenues for personal benefit;

  (F) serious human rights abuse, including serious human rights abuse 
related to political repression, in or with respect to Sudan;

  (G) the targeting of women, children, or any other civilians through the 
commission of acts of violence (including killing, maiming, torture, or 
rape or other sexual violence), abduction, forced displacement, or attacks 
on schools, hospitals, religious sites, or locations where civilians are 
seeking refuge, or through conduct that would constitute a serious abuse or 
violation of human rights or a violation of international humanitarian law;

  (H) the obstruction of the activities of United Nations missions--
including peacekeeping missions, as well as diplomatic or humanitarian 
missions--in Sudan, or of the delivery of, distribution of, or access to 
humanitarian assistance; or

  (I) attacks against United Nations missions, including peacekeeping 
operations;

(ii) any foreign person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State, to be or have been a leader, 
official, senior executive officer, or member of the board of directors of 
any entity:

  (A) that has, or whose members have, engaged in any activity described in 
subsection (a)(i) of this section relating to the tenure of such leader, 
official, senior executive officer, or member of the board of directors; or

  (B) whose property and interests in property are blocked pursuant to this 
order relating to the tenure of such leader, official, senior executive 
officer, or member of the board of directors;

(iii) any foreign person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State, to be a spouse or adult child of 
any person whose property and interests in property are blocked pursuant to 
this order;

(iv) any foreign person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State, 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) of this section or any person whose property and 
interests in property are blocked pursuant to this order; or

(v) any foreign person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State, 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. Following the issuance of a determination by 
                the Secretary of State, in consultation with the 
                Secretary of the Treasury and the Administrator of the 
                United States Agency for International Development, 
                that a civilian transitional government has been formed 
                in Sudan, the Assistant to the President for National 
                Security Affairs shall coordinate, through the 
                interagency process identified in National Security 
                Memorandum 2 of February 4, 2021 (Renewing the National 
                Security Council System), or any successor memorandum, 
                the executive branch actions necessary to implement the 
                policy set forth in this order, including coordinating 
                executive departments

[[Page 29531]]

                and agencies (agencies) to mobilize international 
                assistance to support such a civilian transitional 
                government in implementing political, economic, 
                security, and human rights-related reforms essential 
                for completing a democratic transition.

                Sec. 3. The prohibitions in section 1 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. 4. 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 of this 
                order would seriously impair my ability to deal with 
                the national emergency declared in Executive Order 
                13067, and expanded by Executive Order 13400 and this 
                order, and I hereby prohibit such donations as provided 
                by section 1 of this order.

                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. (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 1(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).

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                Sec. 7. For the purposes of this order:

                    (a) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) the term ``noncitizen'' means any person who is 
                not a citizen or noncitizen national of the United 
                States;
                    (c) the term ``person'' means an individual or 
                entity; and
                    (d) 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. 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 this 
                order would render those measures ineffectual. I 
                therefore determine that for these measures to be 
                effective in addressing the national emergency declared 
                in Executive Order 13067, and expanded by Executive 
                Order 13400 and 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 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 
                shall take all appropriate measures within their 
                authority to implement this order.

                Sec. 10. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the Federal Government or the United Nations 
                (including its specialized agencies, programs, funds, 
                and related organizations) by employees, grantees, or 
                contractors thereof.

                Sec. 11. Nothing in this order is intended to affect 
                the continued effectiveness of any action taken 
                pursuant to 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), and Executive Order 13804 of 
                July 11, 2017 (Allowing Additional Time for Recognizing 
                Positive Actions by the Government of Sudan and 
                Amending Executive Order 13761).

                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.

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                    (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,

                    May 4, 2023.

[FR Doc. 2023-09826
Filed 5-4-23; 11:15 am]
Billing code 3395-F3-P