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[House Document 115-173]
[From the U.S. Government Publishing Office]

115th Congress, 2d Session - - - - - - - - - - - - House Document 115-
173

 
              NATIONAL EMERGENCY WITH RESPECT TO NICARAGUA

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

   A NATIONAL EMERGENCY WITH RESPECT TO THE BLOCKING OF PROPERTY OF 
CERTAIN PERSONS CONTRIBUTING TO THE SITUATION IN NICARAGUA, PURSUANT TO 
50 U.S.C. 1703(b); PUBLIC LAW 95-223 SEC. 204(b); (91 STAT. 1627); AND 
     50 U.S.C. 1601 ET SEQ.; AND 8 U.S.C. 1182(f); AND 3 U.S.C. 301
     
     
     
     
     

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

  November 28, 2018.--Message and accompanying papers referred to the 
  Committees on Foreign Affairs and the Judiciary, and ordered to be 
                                printed
                                
                                
                                
                                
                                   ______

                  U.S. GOVERNMENT PUBLISHING OFFICE 

89-011                     WASHINGTON : 2018

                                
To the Congress of the United States:
    Pursuant to 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.), 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 hereby report that I have issued 
an Executive Order declaring a national emergency to deal with 
the threat posed by 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.
    The Executive Order blocks all property and interests in 
property within United States jurisdiction of 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 
section (i) or of an entity whose property and interests in 
property are blocked pursuant to the Executive 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 section (i); or
          (B) any person whose property and interests in 
        property are blocked pursuant to the Executive 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 the Executive 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 
Executive 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 Executive Order.
    I am enclosing a copy of the Executive Order I have issued.

                                                   Donald J. Trump.
    The White House, November 27, 2018.
    
    
    
    
    
    
    

                            Executive Order

                              ----------                              

 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
          (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.
    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.
                                                   Donald J. Trump.
    The White House, November 27, 2018.

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