U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

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89–011 2018

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

NATIONAL EMERGENCY WITH RESPECT TO 

NICARAGUA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

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 

NOVEMBER 28, 2018.—Message and accompanying papers referred to the 

Committees on Foreign Affairs and the Judiciary, and ordered to be 

printed 


E:\Seals\Congress.#13
(1) 

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 

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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. 

(3) 

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 

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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; 

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(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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