EXECUTIVE ORDERS
Issued on: December 21, 2017
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 Global
Magnitsky Human Rights Accountability Act (Public Law 114-328) (the “Act”),
section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C.
1182(f)) (INA), and section 301 of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the prevalence and severity of human rights abuse and
corruption that have their source, in whole or in substantial part, outside the
United States, such as those committed or directed by persons listed in the
Annex to this order, have reached such scope and gravity that they threaten the
stability of international political and economic systems. Human rights abuse
and corruption undermine the values that form an essential foundation of
stable, secure, and functioning societies; have devastating impacts on
individuals; weaken democratic institutions; degrade the rule of law;
perpetuate violent conflicts; facilitate the activities of dangerous persons;
and undermine economic markets. The United States seeks to impose tangible and
significant consequences on those who commit serious human rights abuse or
engage in corruption, as well as to protect the financial system of the United
States from abuse by these same persons.
I therefore determine that serious human rights abuse
and corruption around the world constitute an unusual and extraordinary threat
to the national security, foreign policy, and economy 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paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary of
the Treasury, in consultation with the Secretary of State and the Attorney
General:
(A) to be responsible for or complicit in, or to have
directly or indirectly engaged in, serious human rights abuse;
(B) to be a current or former government official, or
a person acting for or on behalf of such an official, who is responsible for or
complicit in, or has directly or indirectly engaged in:
(1) corruption, including the misappropriation of
state assets, the expropriation of private assets for personal gain, corruption
related to government contracts or the extraction of natural resources, or
bribery; or
(2) the transfer or the facilitation of the transfer
of the proceeds of corruption;
(C) to be or have been a leader or official of:
(1) an entity, including any government entity, that
has engaged in, or whose members have engaged in, any of the activities
described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section
relating to the leader’s or official’s tenure; or
(2) an entity whose property and interests in property
are blocked pursuant to this order as a result of activities related to the
leader’s or official’s tenure; or
(D) to have attempted to engage in any of the
activities described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this
section; and
(iii) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State and the Attorney General:
(A) to have materially assisted, sponsored, or
provided financial, material, or technological support for, or goods or
services to or in support of:
(1) any activity described in subsections (ii)(A),
(ii)(B)(1), or (ii)(B)(2) of this section that is conducted by a foreign
person;
(2) any person whose property and interests in
property are blocked pursuant to this order; or
(3) any entity, including any government entity, that
has engaged in, or whose members have engaged in, any of the activities
described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section,
where the activity is conducted by a foreign person;
(B) 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; or
(C) to have attempted to engage in any of the
activities described in subsections (iii)(A) or (B) of this section.
(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 effective 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. 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 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 this order, and I
hereby prohibit such donations as provided by section 1 of this order.
Sec. 4. The prohibitions in section 1 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; and
(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.
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 this order.
Sec. 8. 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
me by IEEPA and the Act as may be necessary to implement this order and section
1263(a) of the Act with respect to the determinations provided for therein. The
Secretary of the Treasury may, consistent with applicable law, redelegate any
of these functions to other officers and agencies of the United States. All
agencies shall take all appropriate measures within their authority to
implement this order.
Sec. 9. The Secretary of State is hereby authorized to
take such actions, including adopting rules and regulations, and to employ all
powers granted to me by IEEPA, the INA, and the Act as may be necessary to
carry out section 2 of this order and, in consultation with the Secretary of
the Treasury, the reporting requirement in section 1264(a) of the Act with
respect to the reports provided for in section 1264(b)(2) of that Act. The
Secretary of State may, consistent with applicable law, redelegate any of these
functions to other officers and agencies of the United States consistent with
applicable law.
Sec. 10. The Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney General, is hereby
authorized to determine that circumstances no longer warrant the blocking of
the property and interests in property of a person listed in the Annex to this
order, and to take necessary action to give effect to that determination.
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. This order is effective at 12:01 a.m.,
Eastern Standard Time, December 21, 2017.
Sec. 13. 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,
December 20, 2017.
ANNEX
1. Mukhtar Hamid Shah; Date of Birth (DOB) August 11, 1939; alt. DOB November 8, 1939; nationality, Pakistan
3. Dan Gertler; DOB December 23, 1973; nationality, Israel; alt. nationality, Democratic Republic of the Congo
6. Sergey Kusiuk; DOB December 1, 1966; nationality, Ukraine; alt. nationality, Russia
7. Benjamin Bol Mel; DOB January 3, 1978; alt. DOB December 24, 1978; nationality, South Sudan; alt. nationality, Sudan
12. Gao Yan; DOB April 1963; nationality, China
