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[Federal Register Volume 90, Number 28 (Wednesday, February 12, 2025)]
[Presidential Documents]
[Pages 9369-9373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02612]



                        Presidential Documents 



Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 / 
Presidential Documents

[[Page 9369]]

                Executive Order 14203 of February 6, 2025

                
Imposing Sanctions on the International Criminal 
                Court

                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 International Criminal Court 
                (ICC), as established by the Rome Statute, has engaged 
                in illegitimate and baseless actions targeting America 
                and our close ally Israel. The ICC has, without a 
                legitimate basis, asserted jurisdiction over and opened 
                preliminary investigations concerning personnel of the 
                United States and certain of its allies, including 
                Israel, and has further abused its power by issuing 
                baseless arrest warrants targeting Israeli Prime 
                Minister Benjamin Netanyahu and Former Minister of 
                Defense Yoav Gallant. The ICC has no jurisdiction over 
                the United States or Israel, as neither country is 
                party to the Rome Statute or a member of the ICC. 
                Neither country has ever recognized the ICC's 
                jurisdiction, and both nations are thriving democracies 
                with militaries that strictly adhere to the laws of 
                war. The ICC's recent actions against Israel and the 
                United States set a dangerous precedent, directly 
                endangering current and former United States personnel, 
                including active service members of the Armed Forces, 
                by exposing them to harassment, abuse, and possible 
                arrest. This malign conduct in turn threatens to 
                infringe upon the sovereignty of the United States and 
                undermines the critical national security and foreign 
                policy work of the United States Government and our 
                allies, including Israel. Furthermore, in 2002, the 
                Congress enacted the American Servicemembers' 
                Protection Act of 2002 (22 U.S.C. 7421 et seq.) to 
                protect United States military personnel, United States 
                officials, and officials and military personnel of 
                certain allied countries against criminal prosecution 
                by an international criminal court to which the United 
                States is not party, stating, ``In addition to exposing 
                members of the Armed Forces of the United States to the 
                risk of international criminal prosecution, the Rome 
                Statute creates a risk that the President and other 
                senior elected and appointed officials of the United 
                States Government may be prosecuted by the 
                International Criminal Court.'' (22 U.S.C. 7421(9)).

                The United States unequivocally opposes and expects our 
                allies to oppose any ICC actions against the United 
                States, Israel, or any other ally of the United States 
                that has not consented to ICC jurisdiction. The United 
                States remains committed to accountability and to the 
                peaceful cultivation of international order, but the 
                ICC and parties to the Rome Statute must respect the 
                decisions of the United States and other countries not 
                to subject their personnel to the ICC's jurisdiction, 
                consistent with their respective sovereign 
                prerogatives.

                The United States will impose tangible and significant 
                consequences on those responsible for the ICC's 
                transgressions, some of which may include the blocking 
                of property and assets, as well as the suspension of 
                entry into the United States of ICC officials, 
                employees, and agents, as well as their immediate 
                family members, as their entry into our Nation would be 
                detrimental to the interests of the United States.

[[Page 9370]]

                I therefore determine that any effort by the ICC to 
                investigate, arrest, detain, or prosecute protected 
                persons, as defined in section 8(d) of this order, 
                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 
                address 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:

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

(ii) any foreign person determined by the Secretary of State, in 
consultation with the Secretary of the Treasury and the Attorney General:

  (A) to have directly engaged in any effort by the ICC to investigate, 
arrest, detain, or prosecute a protected person without consent of that 
person's country of nationality;

  (B) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of, any activity in subsection (a)(ii)(A) of this section or any 
person whose property or interests in property are blocked pursuant to this 
order; or

  (C) 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 or 
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. 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 address the 
                national emergency declared in this order, and I hereby 
                prohibit such donations as provided by section 1 of 
                this order.

                Sec. 3. The prohibitions in section 1(a) 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 section 1 of this order; and
                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 4. 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, as well as immediate family members of such 
                aliens, or aliens determined by the Secretary of State 
                to be employed by, or acting as an agent of, the ICC, 
                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 entry of the person into the United 
                States would not be contrary to the interests of the 
                United States, including when the Secretary of State so 
                determines, based on a recommendation of the Attorney 
                General, that the person's entry would further 
                important United States law enforcement objectives. In 
                exercising this responsibility, the Secretary of State 
                shall consult with the Secretary of Homeland Security 
                on matters related to admissibility or inadmissibility 
                within the authority of the Secretary of Homeland 
                Security. 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). The Secretary 
                of State shall have the

[[Page 9371]]

                responsibility for implementing this section pursuant 
                to such conditions and procedures as the Secretary of 
                State has established or may establish pursuant to 
                Proclamation 8693.

                Sec. 5. Within 60 days of the date of this order, the 
                Secretary of the Treasury, in consultation with the 
                Secretary of State, shall submit to the President a 
                report on additional persons that should be included 
                within the scope of section 1 of this order.

                Sec. 6. (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. 7. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the Federal Government by employees, grantees, or 
                contractors thereof.

                Sec. 8. For the purposes of this order:

                    (a) the term ``person'' means an individual or 
                entity;
                    (b) the term ``entity'' means a government or 
                instrumentality of such government, 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 a 
                foreign branch, subsidiary, or employee of such 
                entity), or any person lawfully in the United States;
                    (d) the term ``protected person'' means:

(i) any United States person, unless the United States provides formal 
consent to ICC jurisdiction over that person or becomes a state party to 
the Rome Statute, including:

  (A) current or former members of the Armed Forces of the United States;

  (B) current or former elected or appointed officials of the United States 
Government; and

  (C) any other person currently or formerly employed by or working on 
behalf of the United States Government; and

(ii) any foreign person that is a citizen or lawful resident of an ally of 
the United States that has not consented to ICC jurisdiction over that 
person or is not a state party to the Rome Statute, including:

  (A) current or former members of the armed forces of such ally of the 
United States;

  (B) current or former elected or appointed government officials of such 
ally of the United States; and

  (C) any other person currently or formerly employed by or working on 
behalf of such a government;

                    (e) the term ``ally of the United States'' means:

(i) a government of a member country of the North Atlantic Treaty 
Organization; or

(ii) a government of a ``major non-NATO ally,'' as that term is defined by 
section 2013(7) of the American Servicemembers' Protection Act of 2002 (22 
U.S.C. 7432(7));

                    (f) the term ``immediate family member'' means a 
                spouse or child;
                    (g) the term ``alien'' has the meanings given to 
                the term in section 101(a)(3) of the Immigration and 
                Nationality Act of 1952 (8 U.S.C. 1101(a)(3)); and
                    (h) the term ``foreign person'' means a person that 
                is not a United States person.

[[Page 9372]]

                Sec. 9. 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 
                section 1 of 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. 10. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                take such actions, including adopting 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 
                executive departments and agencies of the United States 
                shall take all appropriate measures within their 
                authority to implement this order.

                Sec. 11. 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. 12. (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 6, 2025.

Billing code 3395-F4-P

[[Page 9373]]

[GRAPHIC] [TIFF OMITTED] TD12FE25.002

[FR Doc. 2025-02612
Filed 2-11-25; 8:45 am]
Billing code 4811-33-C
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