82 FR 60839 - Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption

Executive Office of the President

Federal Register Volume 82, Issue 246 (December 26, 2017)

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Presidential Documents]
[Pages 60839-60843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27925]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 246 / Tuesday, December 26, 2017 / 
Presidential Documents

[[Page 60839]]


                Executive Order 13818 of December 20, 2017

                
Blocking the Property of Persons Involved in 
                Serious Human Rights Abuse or Corruption

                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 Global Magnitsky Human Rights Accountability 
                Act (Public Law 114-328) (the ``Act''), section 212(f) 
                of the Immigration and Nationality Act of 1952 (8 
                U.S.C. 1182(f)) (INA), and section 301 of title 3, 
                United States Code,

                I, DONALD J. TRUMP, President of the United States of 
                America, find that the prevalence and severity of human 
                rights abuse and corruption that have their source, in 
                whole or in substantial part, outside the United 
                States, such as those committed or directed by persons 
                listed in the Annex to this order, have reached such 
                scope and gravity that they threaten the stability of 
                international political and economic systems. Human 
                rights abuse and corruption undermine the values that 
                form an essential foundation of stable, secure, and 
                functioning societies; have devastating impacts on 
                individuals; weaken democratic institutions; degrade 
                the rule of law; perpetuate violent conflicts; 
                facilitate the activities of dangerous persons; and 
                undermine economic markets. The United States seeks to 
                impose tangible and significant consequences on those 
                who commit serious human rights abuse or engage in 
                corruption, as well as to protect the financial system 
                of the United States from abuse by these same persons.

                I therefore determine that serious human rights abuse 
                and corruption around the world constitute an unusual 
                and extraordinary threat to the national security, 
                foreign policy, and economy 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 the following persons are blocked and may not 
                be transferred, paid, exported, withdrawn, or otherwise 
                dealt in:

(i) the persons listed in the Annex to this order;

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

  (A) to be responsible for or complicit in, or to have directly or 
indirectly engaged in, serious human rights abuse;

  (B) to be a current or former government official, or a person acting for 
or on behalf of such an official, who is responsible for or complicit in, 
or has directly or indirectly engaged in:

(1) corruption, including the misappropriation of state assets, the 
expropriation of private assets for personal gain, corruption related to 
government contracts or the extraction of natural resources, or bribery; or

(2) the transfer or the facilitation of the transfer of the proceeds of 
corruption;

  (C) to be or have been a leader or official of:

[[Page 60840]]

(1) an entity, including any government entity, that has engaged in, or 
whose members have engaged in, any of the activities described in 
subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section relating to 
the leader's or official's tenure; or

(2) an entity whose property and interests in property are blocked pursuant 
to this order as a result of activities related to the leader's or 
official's tenure; or

  (D) to have attempted to engage in any of the activities described in 
subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section; and

(iii) any 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 subsections (ii)(A), (ii)(B)(1), or 
(ii)(B)(2) of this section that is conducted by a foreign person;

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

(3) any entity, including any government entity, that has engaged in, or 
whose members have engaged in, any of the activities described in 
subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section, where the 
activity is conducted by a foreign person;

  (B) 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; or

  (C) to have attempted to engage in any of the activities described in 
subsections (iii)(A) or (B) 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 before the effective date of 
                this order.

                Sec. 2. The unrestricted immigrant and nonimmigrant 
                entry into the United States of aliens determined to 
                meet one or more of the criteria in section 1 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. 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).

                Sec. 3. 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 1 of this order.

                Sec. 4. The prohibitions in section 1 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. 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. For the purposes of this order:

[[Page 60841]]

                    (a) the term ``person'' means an individual or 
                entity;
                    (b) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization; and
                    (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.

                Sec. 7. 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 this order.

                Sec. 8. 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 and the Act as may be necessary to implement this 
                order and section 1263(a) of the Act with respect to 
                the determinations provided for therein. The Secretary 
                of the Treasury may, consistent with applicable law, 
                redelegate any of these functions to other officers and 
                agencies of the United States. All agencies shall take 
                all appropriate measures within their authority to 
                implement this order.

                Sec. 9. 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, the INA, and the Act as may be necessary to 
                carry out section 2 of this order and, in consultation 
                with the Secretary of the Treasury, the reporting 
                requirement in section 1264(a) of the Act with respect 
                to the reports provided for in section 1264(b)(2) of 
                that Act. The Secretary of State may, consistent with 
                applicable law, redelegate any of these functions to 
                other officers and agencies of the United States 
                consistent with applicable law.

                Sec. 10. The Secretary of the Treasury, in consultation 
                with the Secretary of State and the Attorney General, 
                is hereby authorized to determine that circumstances no 
                longer warrant the blocking of the property and 
                interests in property of a person listed in the Annex 
                to this order, and to take necessary action to give 
                effect to that determination.

                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. This order is effective at 12:01 a.m., Eastern 
                Standard Time, December 21, 2017.

[[Page 60842]]

                Sec. 13. 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 20, 2017.

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[FR Doc. 2017-27925
Filed 12-22-17; 8:45 am]
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