[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Presidential Documents]
[Pages 55851-55855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22849]
[[Page 55849]]
Vol. 84
Thursday,
No. 201
October 17, 2019
Part III
The President
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Executive Order 13894--Blocking Property and Suspending Entry of
Certain Persons Contributing to the Situation in Syria
Notice of October 15, 2019--Continuation of the National Emergency With
Respect to Significant Narcotics Traffickers Centered in Colombia
Presidential Documents
Federal Register / Vol. 84 , No. 201 / Thursday, October 17, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 55851]]
Executive Order 13894 of October 14, 2019
Blocking Property and Suspending Entry of Certain
Persons Contributing to the Situation in Syria
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 and in relation to
Syria, and in particular the recent actions by the
Government of Turkey to conduct a military offensive
into northeast Syria, undermines the campaign to defeat
the Islamic State of Iraq and Syria, or ISIS, endangers
civilians, and further threatens to undermine the
peace, security, and stability in the region, and
thereby constitutes an unusual and extraordinary threat
to the national security and foreign policy of the
United States. 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be transferred, paid, exported, withdrawn, or otherwise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:
(i) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A) to be responsible for or complicit in, or to have directly or
indirectly engaged in, or attempted to engage in, any of the following in
or in relation to Syria:
(1) actions or policies that further threaten the peace, security,
stability, or territorial integrity of Syria; or
(2) the commission of serious human rights abuse;
(B) to be a current or former official of the Government of Turkey;
(C) to be any subdivision, agency, or instrumentality of the Government
of Turkey;
(D) to operate in such sectors of the Turkish economy as may be
determined by the Secretary of the Treasury, in consultation with the
Secretary of State;
(E) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, any person whose property and interests in property are blocked
pursuant to this order; or
(F) 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 before the date of this
order.
[[Page 55852]]
Sec. 2. (a) The Secretary of State, in consultation
with the Secretary of the Treasury and other officials
of the U.S. Government as appropriate, is hereby
authorized to impose on a foreign person any of the
sanctions described in subsections (b) and (c) of this
section, upon determining that the person, on or after
the date of this order:
(i) is responsible for or complicit in, has directly or indirectly engaged
in, or attempted to engage in, or financed, any of the following:
(A) the obstruction, disruption, or prevention of a ceasefire in northern
Syria;
(B) the intimidation or prevention of displaced persons from voluntarily
returning to their places of residence in Syria;
(C) the forcible repatriation of persons or refugees to Syria; or
(D) the obstruction, disruption, or prevention of efforts to promote a
political solution to the conflict in Syria, including:
(1) the convening and conduct of a credible and inclusive Syrian-led
constitutional process under the auspices of the United Nations (UN);
(2) the preparation for and conduct of UN-supervised elections, pursuant to
the new constitution, that are free and fair and to the highest
international standards of transparency and accountability; or
(3) the development of a new Syrian government that is representative and
reflects the will of the Syrian people;
(ii) is an adult family member of a person designated under subsection
(a)(i) of this section; or
(iii) is responsible for or complicit in, or has directly or indirectly
engaged in, or attempted to engage in, the expropriation of property,
including real property, for personal gain or political purposes in Syria.
(b) When the Secretary of State, in accordance with
the terms of subsection (a) of this section, has
determined that a person meets any of the criteria
described in that subsection and has selected one or
more of the sanctions set forth below to impose on that
person, the heads of relevant departments and agencies,
in consultation with the Secretary of State, as
appropriate, shall ensure that the following actions
are taken where necessary to implement the sanctions
selected by the Secretary of State:
(i) agencies shall not procure, or enter into a contract for the
procurement of, any goods or services from the sanctioned person; or
(ii) the Secretary of State shall direct the denial of a visa to, and the
Secretary of Homeland Security shall exclude from the United States, any
alien that the Secretary of State determines is a corporate officer or
principal of, or a shareholder with a controlling interest in, a sanctioned
person.
(c) When the Secretary of State, in accordance with
the terms of subsection (a) of this section, has
determined that a person meets any of the criteria
described in that subsection and has selected one or
more of the sanctions set forth below to impose on that
person, the Secretary of the Treasury, in consultation
with the Secretary of State, shall take the following
actions where necessary to implement the sanctions
selected by the Secretary of State:
(i) prohibit any United States financial institution that is a U.S. person
from making loans or providing credits to the sanctioned person totaling
more than $10,000,000 in any 12-month period, unless such person is engaged
in activities to relieve human suffering and the loans or credits are
provided for such activities;
(ii) prohibit any transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned person has
any interest;
(iii) prohibit any transfers of credit or payments between banking
institutions or by, through, or to any banking institution, to the extent
that
[[Page 55853]]
such transfers or payments are subject to the jurisdiction of the United
States and involve any interest of the sanctioned person;
(iv) block 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 sanctioned person, and provide that such property and interests in
property may not be transferred, paid, exported, withdrawn, or otherwise
dealt in;
(v) prohibit any United States person from investing in or purchasing
significant amounts of equity or debt instruments of the sanctioned person;
(vi) restrict or prohibit imports of goods, technology, or services,
directly or indirectly, into the United States from the sanctioned person;
or
(vii) impose on the principal executive officer or officers, or persons
performing similar functions and with similar authorities, of the
sanctioned person the sanctions described in subsections (c)(i)-(c)(vi) of
this section, as selected by the Secretary of State.
(d) The prohibitions in subsections (b) and (c) 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. 3. (a) The Secretary of the Treasury, in
consultation with the Secretary of State, is hereby
authorized to impose on a foreign financial institution
the sanctions described in subsection (b) of this
section upon determining that the foreign financial
institution knowingly conducted or facilitated any
significant financial transaction for or on behalf of
any person whose property and interests in property are
blocked pursuant to section 1 of this order.
(b) With respect to any foreign financial
institution determined by the Secretary of the
Treasury, in accordance with this section, to meet the
criteria set forth in subsection (a) of this section,
the Secretary of the Treasury may prohibit the opening,
and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent
account or a payable-through account by such foreign
financial institution.
(c) The prohibitions in subsection (b) 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. 4. The unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to
meet one or more of the criteria in subsection 1(a) or
2(a) of this order, or aliens for which the sanctions
under subsection 2(b)(ii) have been selected, 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 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
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 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). The Secretary
of State shall have the responsibility for implementing
this section pursuant to such conditions and procedures
as the Secretary has established or may establish
pursuant to Proclamation 8693.
[[Page 55854]]
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 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. 6. The prohibitions in sections 1 and 2 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. 7. (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. 8. 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 financial institution''
means any foreign entity that is engaged in the
business of accepting deposits, making, granting,
transferring, holding, or brokering loans or credits,
or purchasing or selling foreign exchange, securities,
commodity futures or options, or procuring purchasers
and sellers thereof, as principal or agent. The term
includes depository institutions, banks, savings banks,
money service businesses, trust companies, securities
brokers and dealers, commodity futures and options
brokers and dealers, forward contract and foreign
exchange merchants, securities and commodities
exchanges, clearing corporations, investment companies,
employee benefit plans, dealers in precious metals,
stones, or jewels, and holding companies, affiliates,
or subsidiaries of any of the foregoing. The term does
not include the international financial institutions
identified in 22 U.S.C. 262r(c)(2), the International
Fund for Agricultural Development, the North American
Development Bank, or any other international financial
institution so notified by the Secretary of the
Treasury;
(c) the term ``knowingly,'' with respect to
conduct, a circumstance, or a result, means that a
person has actual knowledge, or should have known, of
the conduct, the circumstance, or the result;
(d) the term ``person'' means an individual or
entity;
(e) the term ``United States person'' or ``U.S.
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
(f) the term ``Government of Turkey'' means the
Government of Turkey, any political subdivision,
agency, or instrumentality thereof, or any person owned
or controlled by or acting for or on behalf of the
Government of Turkey.
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 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 this order.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including the promulgation
[[Page 55855]]
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 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 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. 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,
October 14, 2019.
[FR Doc. 2019-22849
Filed 10-16-19; 11:15 am]
Billing code 3295-F0-P