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[House Document 115-83]
[From the U.S. Government Publishing Office]

115th Congress, 1st Session - - - - - - - - - - - - - House Document
115-83

 
NATIONAL EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT 
  TO THE NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMY OF THE UNITED 
                                 STATES

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 NOTIFICATION THAT AN EXECUTIVE ORDER WAS ISSUED DECLARING A NATIONAL 
 EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT TO THE 
  NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMY OF THE UNITED STATES 
   POSED BY SERIOUS HUMAN RIGHTS ABUSE OR CORRUPTION, PURSUANT TO 50 
  U.S.C. 1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627); AND 
                           PUBLIC LAW 114-328

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

  December 22, 2017.--Message and accompanying papers referred to the 
  Committees on Foreign Affairs and the Judiciary, and ordered to be 
                                printed
                                
                                 ______

                   U.S. GOVERNMENT PUBLISHING OFFICE 

79-011                     WASHINGTON : 2017 
                                
                                
                                
                                
                                
To the Congress of the United States:
    Pursuant to the International Emergency Economic Powers 
Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued the enclosed Executive Order (the 
``order'') declaring a national emergency with respect to the 
unusual and extraordinary threat to the national security, 
foreign policy, and economy of the United States posed by 
serious human rights abuse and corruption around the world. In 
addition to taking action under IEEPA, the order implements the 
Global Magnitsky Human Rights Accountability Act (Public Law 
114-328) (the ``Act'') and delegates certain of its 
authorities.
    The order blocks the property and interests in property of 
persons listed in the Annex to the order. It also blocks the 
property and interests in property of any foreign person 
determined by the Secretary of the Treasury, in consultation 
with the Secretary of State and the Attorney General:
          (1) to be responsible for or complicit in, or to have 
        directly or indirectly engaged in, serious human rights 
        abuse;
          (2) 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:
                  (a) 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
                  (b) the transfer or the facilitation of the 
                transfer of the proceeds of corruption;
          (3) to be or have been a leader or official of:
                  (a) an entity, including any government 
                entity, that has engaged in, or whose members 
                have engaged in, any of the activities 
                described in (1), (2)(a), or (2)(b) above 
                relating to the leader's or official's tenure; 
                or
                  (b) an entity whose property and interests in 
                property are blocked pursuant to the order as a 
                result of activities related to the leader's or 
                the official's tenure; or
          (4) to have attempted to engage in any of the 
        activities described in (1), (2)(a), or (2)(b) above.
    The order also blocks any person determined by the 
Secretary of the Treasury, in consultation with the Secretary 
of State and the Attorney General:
          (5) to have materially assisted, sponsored, or 
        provided financial, material, or technological support 
        for, or goods or services to or in support of:
                  (a) any activity described in (1), (2)(a), or 
                (2)(b) above that is conducted by a foreign 
                person;
                  (b) any person whose property and interests 
                in property are blocked pursuant to the order; 
                or
                  (c) any entity described in (3)(a) above 
                where the activity is conducted by a foreign 
                person;
          (6) 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 the order; or
          (7) to have attempted to engage in any of the 
        activities described in (5) or (6) above.
    In addition, the order suspends entry into the United 
States of any alien listed in the Annex or determined to meet 
one or more of the criteria above.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Secretary of State, to take 
such actions, including adopting rules and regulations, and to 
employ all powers granted to the President by IEEPA and the 
Act, as may be necessary to implement the order and relevant 
provisions of the Act. I have delegated to the Secretary of 
State the authority to take such actions, including adopting 
rules and regulations, and to employ all powers granted to the 
President by IEEPA and the Act, as may be necessary to 
implement the provisions of the order and the Act suspending 
entry into the United States of certain aliens. All executive 
departments and agencies are directed to take all appropriate 
measures within their authority to implement the order.

                                                   Donald J. Trump.
    The White House, December 20, 2017.

                            Executive Order

                              ----------                              

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:
                          (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:
    (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.
    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.

                                                   Donald J. Trump.
    The White House, December 20, 2017.

                                 ANNEX

    1. Mukhtar Hamid Shah; Date of Birth (DOB) August 11, 1939; 
alt. DOB November 8, 1939; nationality, Pakistan
    2. Angel Rondon Rijo; DOB July 16, 1950; nationality, 
Dominican Republic
    3. Dan Gertler; DOB December 23, 1973; nationality, Israel; 
alt. nationality, Democratic Republic of the Congo
    4. Maung Maung Soe; DOB March 1964; nationality, Burma
    5. Yahya Jammeh; DOB May 25, 1965; nationality, The Gambia
    6. Sergey Kusiuk; DOB December 1, 1966; nationality, 
Ukraine; alt. nationality, Russia
    7. Benjamin Bol Mel; DOB January 3, 1978; alt. DOB December 
24, 1978; nationality, South Sudan; alt. nationality, Sudan
    8. Julio Antonio Juarez Ramirez; DOB December 1, 1980; 
nationality, Guatemala
    9. Goulnora Islamovna Karimova; DOB July 8, 1972; 
nationality, Uzbekistan
    10. Slobodan Tesic; DOB December 21, 1958; nationality, 
Serbia
    11. Artem Yuryevich Chayka; DOB September 25, 1975; 
nationality, Russia
    12. Gao Yan; DOB April 1963; nationality, China
    13. Roberto Jose Rivas Reyes; DOB July 6, 1954; 
nationality, Nicaragua

                                  [all]
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