Presidential Documents

9429 

Federal Register 

Vol. 86, No. 28 

Friday, February 12, 2021 

Title 3— 

The President 

Executive Order 14014 of February 10, 2021 

Blocking Property With Respect to the Situation in Burma 

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, JOSEPH R. BIDEN JR., President of the United States of America, find 

that the situation in and in relation to Burma, and in particular the February 

1, 2021, coup, in which the military overthrew the democratically elected 

civilian government of Burma and unjustly arrested and detained government 

leaders, politicians, human rights defenders, journalists, and religious leaders, 

thereby rejecting the will of the people of Burma as expressed in elections 

held in November 2020 and undermining the country’s democratic transition 

and rule of law, constitutes an unusual and extraordinary threat to the 

national security and foreign policy of the United States. I hereby declare 

a national emergency to deal with that threat. 

Accordingly, 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withdrawn, or otherwise dealt in: any foreign person determined by the 

Secretary of the Treasury, in consultation with the Secretary of State: 

(i) to operate in the defense sector of the Burmese economy or any other 

sector of the Burmese economy as may be determined by the Secretary 

of the Treasury, in consultation with the Secretary of State; 

(ii) 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 undermine democratic processes or institutions in Burma; 

(B) actions or policies that threaten the peace, security, or stability 

of Burma; 

(C) actions or policies that prohibit, limit, or penalize the exercise 

of freedom of expression or assembly by people in Burma, or that limit 

access to print, online, or broadcast media in Burma; or 

(D) the arbitrary detention or torture of any person in Burma or other 

serious human rights abuse in Burma; 

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

(A) the military or security forces of Burma, or any successor entity 

to any of the foregoing; 

(B) the Government of Burma on or after February 2, 2021; 

(C) an entity that has, or whose members have, engaged in any activity 

described in subsection (a)(ii) of this section relating to the leader’s or 

official’s tenure; or 

9430 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Presidential Documents 

(D) 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; 

(iv) to be a political subdivision, agency, or instrumentality of the Government of Burma; 

(v) to be a spouse or adult child of any person whose property and 

interests in property are blocked pursuant to this order; 

(vi) to have materially assisted, sponsored, or provided financial, material, 

or technological support for, or goods or services to or in support of 

any person whose property and interests in property are blocked pursuant 

to this order; or 

(vii) to be owned or controlled by, or to have acted or purported to 

act for or on behalf of, directly or indirectly, the military or security 

forces of Burma or 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. 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. 3. (a) The unrestricted immigrant and nonimmigrant entry into the 

United States of noncitizens determined to meet one or more of the criteria 

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 where 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. 4. (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. 5. 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 this order, 

Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Presidential Documents 9431 

and I hereby prohibit such donations as provided by section 1 of this 

order. 

Sec. 6. 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 ‘‘Government of Burma’’ means the Government of Burma, 

any political subdivision, agency, or instrumentality thereof, including the 

Central Bank of Myanmar, and any person owned or controlled by, or 

acting for or on behalf of, the Government of Burma; 

(c) the term ‘‘noncitizen’’ means any person who is not a citizen or 

noncitizen national of the United States; 

(d) the term ‘‘person’’ means an individual or entity; and 

(e) 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 section 1 of this order. 

Sec. 8. 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 departments and agencies of the United States shall take all appropriate measures 

within their authority to carry out the provisions of this order. 

Sec. 9. Nothing in this order is intended to affect the continued effectiveness 

of any action taken pursuant to Executive Order 13742 of October 7, 2016 

(Termination of Emergency With Respect to the Actions and Policies of 

the Government of Burma). 

Sec. 10. 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. 11. (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. 

9432 Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Presidential Documents 

(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. 

THE WHITE HOUSE, 

February 10, 2021. 

[FR Doc. 2021–03139 

Filed 2–11–21; 11:15 am] 

Billing code 3295–F1–P 


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