[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Presidential Documents]
[Pages 47205-47207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18306]




                        Presidential Documents 



Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 47205]]

                Executive Order 14039 of August 20, 2021

                
Blocking Property With Respect to Certain Russian 
                Energy Export Pipelines

                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), the Protecting Europe's Energy Security Act of 
                2019 (Title LXXV, National Defense Authorization Act 
                for Fiscal Year 2020, Public Law 116-92), as amended by 
                section 1242 of the National Defense Authorization Act 
                for Fiscal Year 2021 (Public Law 116-283) (PEESA), and 
                section 301 of title 3, United States Code,

                I, JOSEPH R. BIDEN JR., President of the United States 
                of America, in order to take additional steps with 
                respect to the national emergency declared in Executive 
                Order 14024 of April 15, 2021 (Blocking Property With 
                Respect To Specified Harmful Foreign Activities of the 
                Government of the Russian Federation), hereby order:

                Section 1. (a) With respect to any foreign person 
                identified by the Secretary of State, in consultation 
                with the Secretary of the Treasury, in a report to the 
                Congress pursuant to section 7503(a)(1)(B) of PEESA, 
                all property and interests in property of such person 
                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 are blocked and may not be transferred, paid, 
                exported, withdrawn, or otherwise dealt in.

                    (b) Sanctions under subsection (a) of this section 
                shall not apply to any foreign person with respect to 
                whom a waiver under section 7503(f) of PEESA has been 
                issued.
                    (c) 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 Secretary of State shall implement section 
                7503(b) of PEESA as it applies to visas, and the 
                Secretary of Homeland Security shall implement section 
                7503(b) of PEESA as it applies to admission and parole. 
                Such implementation shall be consistent with any 
                exceptions or waivers provided by statute, or in 
                regulations, orders, or directives that may be issued 
                pursuant to this order.

                Sec. 3. 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. 4. (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.

[[Page 47206]]

                Sec. 5. 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 this order would 
                seriously impair my ability to deal with the national 
                emergency declared in Executive Order 14024, and I 
                hereby prohibit such donations as provided by section 1 
                of this order.

                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 ``foreign person'' means an individual 
                or entity that is not a United States person;
                    (c) the term ``person'' means an individual or 
                entity; and
                    (d) 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 14024, 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 the promulgation of rules 
                and regulations, and to employ all powers granted to 
                the President by IEEPA and PEESA, 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 departments and agencies of the 
                United States shall take all appropriate measures 
                within their authority to carry out the provisions of 
                this order.

                Sec. 9. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the Federal Government or the United Nations, 
                including its programs, funds, and other entities and 
                bodies, as well as its specialized agencies and related 
                organizations, by employees, grantees, and 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 47207]]

                    (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 20, 2021.

[FR Doc. 2021-18306
Filed 8-23-21; 8:45 am]
Billing code 3295-F1-P