[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Presidential Documents]
[Pages 43905-43908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17253]




                        Presidential Documents 



Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / 
Presidential Documents

[[Page 43905]]


                Executive Order 14038 of August 9, 2021

                
Blocking Property of Additional Persons 
                Contributing to the Situation in Belarus

                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, JOSEPH R. BIDEN JR., President of the United States 
                of America, hereby expand the scope of the national 
                emergency declared in Executive Order 13405 of June 16, 
                2006 (Blocking Property of Certain Persons Undermining 
                Democratic Processes or Institutions in Belarus), 
                finding that the Belarusian regime's harmful activities 
                and long-standing abuses aimed at suppressing democracy 
                and the exercise of human rights and fundamental 
                freedoms in Belarus--including illicit and oppressive 
                activities stemming from the August 9, 2020, fraudulent 
                Belarusian presidential election and its aftermath, 
                such as the elimination of political opposition and 
                civil society organizations and the regime's disruption 
                and endangering of international civil air travel--
                constitute an unusual and extraordinary threat to the 
                national security and foreign policy of the United 
                States.

                Accordingly, 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, 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 or have been a leader, official, senior executive officer, or 
member of the board of directors of:

  (A) an entity that has, or whose members have, engaged in any of the 
activities described in subsections (v)(A)-(E) of this section or section 
1(a)(ii)(A)-(C) of Executive Order 13405; or

  (B) an entity whose property and interests in property are blocked 
pursuant to this order or Executive Order 13405;

(ii) to be a political subdivision, agency, or instrumentality of the 
Government of Belarus;

(iii) to be or have been a leader or official of the Government of Belarus;

(iv) to operate or have operated in the defense and related materiel 
sector, security sector, energy sector, potassium chloride (potash) sector, 
tobacco products sector, construction sector, or transportation sector of 
the economy of Belarus, or any other sector of the Belarus economy as may 
be determined by the Secretary of the Treasury, in consultation with the 
Secretary of State;

(v) to be responsible for or complicit in, or to have directly or 
indirectly engaged or attempted to engage in, any of the following:

  (A) actions or policies that threaten the peace, security, stability, or 
territorial integrity of Belarus;

[[Page 43906]]

  (B) actions or policies that prohibit, limit, or penalize the exercise of 
human rights and fundamental freedoms (including freedoms of expression, 
peaceful assembly, association, religion or belief, and movement) by 
individuals in Belarus, or that limit access to the internet or print, 
online, or broadcast media in Belarus;

  (C) electoral fraud or other actions or policies that undermined the 
electoral process in a Republic of Belarus election;

  (D) deceptive or structured transactions or dealings to circumvent any 
United States sanctions by or for or on behalf of, or for the benefit of, 
directly or indirectly, the Government of Belarus or any person whose 
property and interests in property are blocked pursuant to this order or 
Executive Order 13405; or

  (E) public corruption related to Belarus.

(vi) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of, any activity described in subsections (v)(A)-(E) of this 
section or any person whose property and interests in property are blocked 
pursuant to this order; or

(vii) to be owned or controlled by, or to have acted or purported to act 
for or on behalf of, directly or indirectly, the Government of Belarus or 
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 before the date of this 
                order.

                Sec. 2. 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. 3. 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(a) of this 
                order would seriously impair my ability to deal with 
                the national emergency declared in Executive Order 
                13405 and expanded in this order, and I hereby prohibit 
                such donations as provided by section 1 of this order.

                Sec. 4. (a) The unrestricted immigrant and nonimmigrant 
                entry into the United States of noncitizens determined 
                to meet one or more of the criteria in section l 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 when the Secretary of State or 
                the Secretary of Homeland Security, as appropriate, 
                determines that the person's entry would not be 
                contrary to the interests of the United States, 
                including when the Secretary of State or the Secretary 
                of Homeland Security, as appropriate, so determines, 
                based on a recommendation of the Attorney General, that 
                the person's entry would further important United 
                States law enforcement objectives.

                    (b) The Secretary of State shall implement this 
                order as it applies to visas pursuant to such 
                procedures as the Secretary of State, in consultation 
                with the Secretary of Homeland Security, may establish.
                    (c) The Secretary of Homeland Security shall 
                implement this order as it applies to the entry of 
                noncitizens pursuant to such procedures as the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, may establish.

[[Page 43907]]

                    (d) Such persons shall be treated by this section 
                in the same manner 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 ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) The term ``Government of Belarus'' means the 
                Government of Belarus, any political subdivision, 
                agency, or instrumentality thereof, including the 
                National Bank of the Republic of Belarus, and any 
                person owned, controlled, or directed by, or acting for 
                or on behalf of, the Government of Belarus;
                    (c) the term ``noncitizen'' means any person who is 
                not a citizen or noncitizen national of the United 
                States;
                    (d) the term ``person'' means an individual or 
                entity; and
                    (e) the term ``United States person'' means any 
                United States citizen, lawful permanent resident, 
                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 the national emergency declared 
                in Executive Order 13405 and expanded in this order, 
                there need be no prior notice of a listing or 
                determination made pursuant to 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, 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. 9. 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. 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.

[[Page 43908]]

                    (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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 9, 2021.

[FR Doc. 2021-17253
Filed 8-10-21; 8:45 am]
Billing code 3295-F1-P