83 FR 61505 - Blocking Property of Certain Persons Contributing to the Situation in Nicaragua

Executive Office of the President

Federal Register Volume 83, Issue 230 (November 29, 2018)

[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]
[Presidential Documents]
[Pages 61505-61507]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26156]




                        Presidential Documents 



Federal Register / Vol. 83 , No. 230 / Thursday, November 29, 2018 / 
Presidential Documents

[[Page 61505]]


                Executive Order 13851 of November 27, 2018

                
Blocking Property of Certain Persons Contributing 
                to the Situation in Nicaragua

                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 in Nicaragua, 
                including the violent response by the Government of 
                Nicaragua to the protests that began on April 18, 2018, 
                and the Ortega regime's systematic dismantling and 
                undermining of democratic institutions and the rule of 
                law, its use of indiscriminate violence and repressive 
                tactics against civilians, as well as its corruption 
                leading to the destabilization of Nicaragua's economy, 
                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 the following persons are blocked and may not 
                be transferred, paid, exported, withdrawn, or otherwise 
                dealt in: any person determined by the Secretary of the 
                Treasury, in consultation with the Secretary of State:

(i) to be responsible for or complicit in, or to have directly or 
indirectly engaged or attempted to engage in, any of the following:

  (A) serious human rights abuse in Nicaragua;

  (B) actions or policies that undermine democratic processes or 
institutions in Nicaragua;

  (C) actions or policies that threaten the peace, security, or stability 
of Nicaragua;

  (D) any transaction or series of transactions involving deceptive 
practices or corruption by, on behalf of, or otherwise related to the 
Government of Nicaragua or a current or former official of the Government 
of Nicaragua, such as the misappropriation of public assets or 
expropriation of private assets for personal gain or political purposes, 
corruption related to government contracts, or bribery;

(ii) to be a leader or official of an entity that has, or whose members 
have, engaged in any activity described in subsection (a)(i) of this 
section or of an entity whose property and interests in property are 
blocked pursuant to this order;

(iii) to be an official of the Government of Nicaragua or to have served as 
an official of the Government of Nicaragua at any time on or after January 
10, 2007;

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

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

[[Page 61506]]

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

(v) 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 prior to the 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, except where the Secretary of State 
                determines that the person's entry is in the national 
                interest of the United States. 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 type 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 this order, and I 
                hereby prohibit such donations as provided by section 1 
                of this order.

                Sec. 4. 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. 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:

                    (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;
                    (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; 
                and
                    (d) the term ``Government of Nicaragua'' means the 
                Government of Nicaragua, any political subdivision, 
                agency, or instrumentality thereof, including the 
                Central Bank of Nicaragua, and any person owned or 
                controlled by, or acting for or on behalf of, the 
                Government of Nicaragua.

                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 section 1 of 
                this order.

[[Page 61507]]

                Sec. 8. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                take such actions, including promulgating rules and 
                regulations, and to employ all powers granted to the 
                President 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 
                agencies of the United States Government shall take all 
                appropriate measures within their authority to carry 
                out the provisions of this order.

                Sec. 9. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                submit the 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. 10. (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,

                    November 27, 2018.

[FR Doc. 2018-26156
Filed 11-28-18; 11:15 am]
Billing code 3295-F9-P