Appendix A to Part 520 - Executive Order 13928 of June 11, 2020
31:3.1.1.1.5.9.1.2.2 : Appendix A
Appendix A to Part 520 - Executive Order 13928 of June 11, 2020
Executive Order 13928 of June 11, 2020 Blocking Property of Certain
Persons Associated With 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 situation with respect to the International Criminal
Court (ICC) and its illegitimate assertions of jurisdiction over
personnel of the United States and certain of its allies, including
the ICC Prosecutor's investigation into actions allegedly committed
by United States military, intelligence, and other personnel in or
relating to Afghanistan, threatens to subject current and former
United States Government and allied officials to harassment, abuse,
and possible arrest. These actions on the part of the ICC, in turn,
threaten to infringe upon the sovereignty of the United States and
impede the critical national security and foreign policy work of
United States Government and allied officials, and thereby threaten
the national security and foreign policy of the United States. The
United States is not a party to the Rome Statute, has never
accepted ICC jurisdiction over its personnel, and has consistently
rejected ICC assertions of jurisdiction over United States
personnel. Furthermore, in 2002, the United States Congress enacted
the American Service-Members' Protection Act (22 U.S.C. 7421 et
seq.) which rejected the ICC's overbroad, non-consensual
assertions of 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 seeks to
impose tangible and significant consequences on those responsible
for the ICC's transgressions, which may include the suspension of
entry into the United States of ICC officials, employees, and
agents, as well as their immediate family members. The entry of
such aliens into the United States would be detrimental to the
interests of the United States and denying them entry will further
demonstrate the resolve of the United States in opposing the ICC's
overreach by seeking to exercise jurisdiction over personnel of the
United States and our allies, as well as personnel of countries
that are not parties to the Rome Statute or have not otherwise
consented to ICC jurisdiction.
I therefore determine that any attempt by the ICC to
investigate, arrest, detain, or prosecute any United States
personnel without the consent of the United States, or of personnel
of countries that are United States allies and who are not parties
to the Rome Statute or have not otherwise consented to ICC
jurisdiction, 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 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 Start the following persons are
blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in:
(i) 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 any United States
personnel without the consent of the United States;
(B) to have directly engaged in any effort by the ICC to
investigate, arrest, detain, or prosecute any personnel of a
country that is an ally of the United States without the consent of
that country's government;
(C) 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 subsection
(a)(i)(A) or (a)(i)(B) of this section or any person whose property
and interests in property are blocked pursuant to this order;
or
(D) 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.
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(a) 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(a) 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(a) 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(a) 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 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 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.
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. 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. 7. 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, including an
international 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 foreign branches), or any person in the United
States;
(d) the term “United States personnel” means any current or
former members of the Armed Forces of the United States, any
current or former elected or appointed official of the United
States Government, and any other person currently or formerly
employed by or working on behalf of the United States
Government;
(e) the term “personnel of a country that is an ally of the
United States” means any current or former military personnel,
current or former elected or appointed official, or other person
currently or formerly employed by or working on behalf of a
government of a North Atlantic Treaty Organization (NATO) member
country or a “major non-NATO ally”, as that term is defined by
section 2013(7) of the American Service-Members' Protection Act (22
U.S.C. 7432(7)); and
(f) the term “immediate family member” means spouses and
children.
Sec. 8. 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. 9. 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 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 departments and agencies of the United States shall
take all appropriate measures within their authority to implement
this order.
Sec. 10. 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. 11. (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.
DONALD J. TRUMP THE WHITE HOUSE,
June 11, 2020.