U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–011 2012

112th Congress, 2d Session – – – – – – – – – – – – House Document 112–126 

EXECUTIVE ORDER TAKING ADDITIONAL STEPS 

WITH RESPECT TO THE NATIONAL EMERGENCY 

DECLARED WITH RESPECT TO SOMALIA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

NOTIFICATION THAT ADDITIONAL STEPS ARE BEING TAKEN WITH 

RESPECT TO THE NATIONAL EMERGENCY REGARDING SOMALIA 

ORIGINALLY DECLARED ON APRIL 12, 2010, BY EXECUTIVE 

ORDER 13536, PURSUANT TO 50 U.S.C. 1622(d) 

JULY 23, 2012.—Message and accompanying papers referred to the 

Committee on Foreign Affairs and ordered to be printed 


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EXECUTIVE ORDER

TAKING ADDITIONAL STEPS TO ADDRESS THE NATIONAL EMERGENCY

WITH RESPECT TO SOMALIA

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 5 of the United Nations Participation Act (22 U.S.C. 

287c) (UNPA), and section 301 of title 3, United States Code, 

I, BARACK OBAMA, President of the United States of America, 

in order to take additional steps to deal with the national emergency with respect to the situation in Somalia declared in Executive Order 13536 of April 12, 2010, in view of United Nations Security Council Resolution 2036 of February 22, 2012, and Resolution 

2002 of July 29, 2011, and to address: exports of charcoal from Somalia, which generate significant revenue for al-Shabaab; the misappropriation of Somali public assets; and certain acts of violence 

committed against civilians in Somalia, all of which contribute to 

the deterioration of the security situation and the persistence of violence in Somalia, hereby order: 

Section 1. Section 1(a) of Executive Order 13536 is hereby 

amended to read as follows: 

‘‘(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person, including any foreign branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn or otherwise dealt in: 

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

(ii) any person determined by the Secretary of the Treasury, 

in consultation with the Secretary of State: 

(A) to have engaged in acts that directly or indirectly 

threaten the peace, security, or stability of Somalia, including but not limited to: 

(1) acts that threaten the Djibouti Agreement of August 18, 2008, or the political process; 

(2) acts that threaten the Transitional Federal Institutions or future Somali governing institutions, the African Union Mission in Somalia (AMISOM), or other 

future international peacekeeping operations related 

to Somalia; or 

(3) acts to misappropriate Somali public assets; 

(B) to have obstructed the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia; 


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(C) to have directly or indirectly supplied, sold, or transferred to Somalia, or to have been the recipient in the territory of Somalia of, arms or any related materiel, or any 

technical advice, training or assistance, including financing 

and financial assistance, related to military activities; 

(D) to be responsible for or complicit in, or responsible 

for ordering, controlling, or otherwise directing, or to have 

participated in, the commission of acts of violence targeting civilians in Somalia, including killing and maiming, 

sexual and gender-based violence, attacks on schools and 

hospitals, taking hostages, and forced displacement; 

(E) to be a political or military leader recruiting or using 

children in armed conflict in Somalia; 

(F) to have engaged, directly or indirectly, in the import 

or export of charcoal from Somalia on or after February 22, 

2012; 

(G) to have materially assisted, sponsored, or provided 

financial, material, logistical or technical support for, or 

goods or services in support of, the activities described in 

subsections (a)(ii)(A) through (F) of this section or any person whose property and interests in property are blocked 

pursuant to this order; or 

(H) 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.’’ 

Sec. 2. (a) The importation into the United States, directly or indirectly, of charcoal from Somalia is prohibited. 

(b) The prohibition in subsection (a) of this section applies 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 effective date of this order. 

Sec. 3. (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. 4. 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 ‘‘charcoal’’ means any product classifiable in heading 

3802 or 4402 of the Harmonized Tariff Schedule of the United 

States. 

Sec. 5. 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 and the UNPA, as 

may be necessary to carry out the purposes of this order. The SecVerDate Mar 15 2010 04:08 Jul 24, 2012 Jkt 019011 PO 00000 Frm 00004 Fmt 6601 Sfmt 6602 E:\HR\OC\HD126.XXX HD126

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retary 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. 6. 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. 

Sec. 7. This order is effective at 2:00 p.m. eastern daylight time 

on July 20, 2012. 

BARACK OBAMA. 

THE WHITE HOUSE, July 20, 2012. 

Æ 


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