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[House Document 113-102]
[From the U.S. Government Publishing Office]

113th Congress, 2d Session - - - - - - - - - - - - - House Document 113-102

 
  EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY WITH RESPECT TO THE 
              SITUATION IN AND IN RELATION TO SOUTH SUDAN

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 AN EXECUTIVE ORDER DECLARING A NATIONAL EMERGENCY WITH RESPECT TO THE 
              SITUATION IN AND IN RELATION TO SOUTH SUDAN

    April 4, 2014.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    Pursuant to the International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have 
issued an Executive Order (the ``order'') declaring a national 
emergency with respect to the unusual and extraordinary threat 
to the national security and foreign policy of the United 
States posed by the situation in and in relation to South 
Sudan.
    The order does not target the country of South Sudan, but 
rather is aimed at persons who threaten the peace, stability, 
or security of South Sudan; commit human rights abuses against 
persons in South Sudan; or undermine democratic processes or 
institutions in South Sudan. The order provides authority for 
blocking the property and interests in property of any 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 engaged in, directly or indirectly, any of the 
        following in or in relation to South Sudan:
                   actions or policies that 
                threaten the peace, security, or stability of 
                South Sudan;
                   actions or policies that 
                threaten transitional agreements or undermine 
                democratic processes or institutions in South 
                Sudan;
                   actions or policies that have 
                the purpose or effect of expanding or extending 
                the conflict in South Sudan or obstructing 
                reconciliation or peace talks or processes;
                   the commission of human rights 
                abuses against persons in South Sudan;
                   the targeting of women; 
                children, or any 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;
                   the use or recruitment of 
                children by armed groups or armed forces in the 
                context of the conflict in South Sudan;
                   the obstruction of the 
                activities of international peacekeeping, 
                diplomatic, or humanitarian missions in South 
                Sudan, or of the delivery or distribution of, 
                or access to, humanitarian assistance; or
                   attacks against United Nations 
                missions, international security presences, or 
                other peacekeeping operations;
           to be a leader of (i) an entity, including 
        any government, rebel militia, or other group, that 
        has, or whose members have, engaged in any of the 
        activities described above or (ii) an entity whose 
        property and interests in property are blocked pursuant 
        to the order;
           to have materially assisted, sponsored, or 
        provided financial, material, logistical, or 
        technological support for, or goods or services in 
        support of, any activity described above or any person 
        whose property and interests in property are blocked 
        pursuant to the order; or
           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.
    I have delegated to the Secretary of the Treasury, in 
consultation with the Secretary of State, the authority 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 the 
order. All agencies of the United States Government are 
directed to take all appropriate measures within their 
authority to carry out the provisions of the order.
    I am enclosing a copy of the Executive Order I have issued.

                                                      Barack Obama.
    The White House, April 3, 2014.
                            Executive Order

                              ----------                              

    Blocking Property of Certain Persons With Respect to South Sudan

    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, BARACK OBAMA, President of the United States of America, 
find that the situation in and in relation to South Sudan, 
which has been marked by activities that threaten the peace, 
security, or stability of South Sudan and the surrounding 
region, including widespread violence and atrocities, human 
rights abuses, recruitment and use of child soldiers, attacks 
on peacekeepers, and obstruction of humanitarian operations, 
poses 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 
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 (including any foreign 
branch) 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 
        engaged in, directly or indirectly, any of the 
        following in or in relation to South Sudan:
                  (A) actions or policies that threaten the 
                peace, security, or stability of South Sudan;
                  (B) actions or policies that threaten 
                transitional agreements or undermine democratic 
                processes or institutions in South Sudan;
                  (C) actions or policies that have the purpose 
                or effect of expanding or extending the 
                conflict in South Sudan or obstructing 
                reconciliation or peace talks or processes;
                  (D) the commission of human rights abuses 
                against persons in South Sudan;
                  (E) the targeting of women, children, or any 
                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;
                  (F) the use or recruitment of children by 
                armed groups or armed forces in the context of 
                the conflict in South Sudan;
                  (G) the obstruction of the activities of 
                international peacekeeping, diplomatic, or 
                humanitarian missions in South Sudan, or of the 
                delivery or distribution of, or access to, 
                humanitarian assistance; or
                  (H) attacks against United Nations missions, 
                international security presences, or other 
                peacekeeping operations;
          (ii) to be a leader of (A) an entity, including any 
        government, rebel militia, or other group, that has, or 
        whose members have, engaged in any of the activities 
        described in subsection (a)(i) of this section or (B) 
        an entity whose property and interests in property are 
        blocked pursuant to this order;
          (iii) to have materially assisted, sponsored, or 
        provided financial, material, logistical, or 
        technological support for, or goods or services in 
        support of (A) any of the activities described in 
        subsection (a)(i) of this section or (B) any person 
        whose property and interests in property are blocked 
        pursuant to this order; or
          (iv) 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 in this order and 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. 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 this national emergency, and I hereby prohibit such 
donations as provided by section 1 of this order.
    Sec. 3.  The prohibitions in section 1 of this order 
include but are not limited to:
    (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 find that the unrestricted immigrant and 
nonimmigrant entry into the United States of aliens 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 I hereby suspend entry into the United States, as 
immigrants or nonimmigrants, of such persons. 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. 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 this national emergency, 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 redelegate any of these functions 
to other officers and agencies of the United States Government 
consistent with applicable law. All agencies of the United 
States Government are hereby directed to 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 the 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. 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.
                                                      Barack Obama.
    The White House, April 3, 2014.

                                  
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