Appendix A to Part 551 - Executive Order 13536
31:3.1.1.1.16.8.1.2.4 : Appendix A
Appendix A to Part 551 - Executive Order 13536 Executive Order
Blocking Property of Certain Persons Contributing to the Conflict
In Somalia
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 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America, find
that the deterioration of the security situation and the
persistence of violence in Somalia, and acts of piracy and armed
robbery at sea off the coast of Somalia, which have repeatedly been
the subject of United Nations Security Council resolutions
(including Resolution 1844 of November 20, 2008; Resolution 1846 of
December 2, 2008; Resolution 1851 of December 16, 2008; and
Resolution 1897 of November 30, 2009), and violations of the arms
embargo imposed by the United Nations Security Council in
Resolution 733 of January 23, 1992, and elaborated upon and amended
by subsequent resolutions (including Resolution 1356 of June 19,
2001; Resolution 1725 of December 6, 2006; Resolution 1744 of
February 20, 2007; Resolution 1772 of August 20, 2007; Resolution
1816 of June 2, 2008; and Resolution 1872 of May 26, 2009),
constitute 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 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, including any overseas
branch, 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transferred, paid, exported, withdrawn, or otherwise dealt in: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; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(A) to have engaged in acts that directly or indirectly threaten
the peace, security, or stability of Somalia, including but not
limited to:
(1) acts that threaten the Djibouti Agreement of August 18,
2008, or the political process; or
(2) acts that threaten the Transitional Federal Institutions,
the African Union Mission in Somalia (AMISOM), or other
international peacekeeping operations related to Somalia;
(B) to have obstructed the delivery of humanitarian assistance
to Somalia, or access to, or distribution of, humanitarian
assistance in Somalia;
(C) to have directly or indirectly supplied, sold, or
transferred to Somalia, or to have been the recipient in the
territory of Somalia of, arms or any related material, or any
technical advice, training, or assistance, including financing and
financial assistance, related to military activities;
(D) to have materially assisted, sponsored, or provided
financial, material, logistical, or technical support for, or goods
or services in support of, the activities described in subsections
(a)(ii)(A), (a)(ii)(B), or (a)(ii)(C) of this section or any person
whose property and interests in property are blocked pursuant to
this order; or
(E) 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) I hereby determine that, among other threats to the peace,
security, or stability of Somalia, acts of piracy or armed robbery
at sea off the coast of Somalia threaten the peace, security, or
stability of Somalia.
(c) I hereby determine that, to the extent section 203(b)(2) of
IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of
the type of articles specified in such section by, to, or for the
benefit of any person whose property and interests in property are
blocked pursuant to subsection (a) of this section would seriously
impair my ability to deal with the national emergency declared in
this order, and I hereby prohibit such donations as provided by
subsection (a) of this section.
(d) The prohibitions in subsection (a) of this section include
but are not limited to:
(i) 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
(ii) the receipt of any contribution or provision of funds,
goods, or services from any such person.
(e) 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 effective date of this order.
Sec. 2. (a) Any transaction by a United States person or
within the United States 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. 3. 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;
(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 5 jurisdiction within the United States
(including foreign branches), or any person in the United
States;
(d) the term “Transitional Federal Institutions” means the
Transitional Federal Charter of the Somali Republic adopted in
February 2004 and the Somali federal institutions established
pursuant to such charter, and includes their agencies,
instrumentalities, and controlled entities; and
(e) the term “African Union Mission in Somalia” means the
mission authorized by the United Nations Security Council in
Resolution 1744 of February 20, 2007, and reauthorized in
subsequent resolutions, and includes its agencies,
instrumentalities, and controlled entities.
Sec. 4. 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 section 1(a)
of this order.
Sec. 5. 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 the
UNPA, as may be necessary to carry out the purposes of this order.
The Secretary of the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government
consistent with applicable law. All 6 agencies of the United States
Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this
order.
Sec. 6. 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. 7. The Secretary of the Treasury, in consultation
with the Secretary of State, 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. 8. 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.
Sec. 9. This order is effective at 12:01 a.m. eastern
standard time on April 13, 2010.
Barack Obama, THE WHITE HOUSE, April 12, 2010. ANNEX Individuals
1. Abshir ABDILLAHI [born circa 1966]
2. Hassan Abdullah Hersi AL-TURKI [born circa 1944]
3. Hassan Dahir AWEYS [born 1935]
4. Ahmed Abdi AW-MOHAMED [born 10 July 1977]
5. Yasin Ali BAYNAH [born circa 1966]
6. Mohamed Abdi GARAAD [born circa 1973]
7. Yemane GHEBREAB [born 21 July 1951]
8. Fuad Mohamed KHALAF [born circa 1965]
9. Bashir Mohamed MAHAMOUD [born circa 1979-1982]
10. Fares Mohammed MANA'A [born 8 February 1965]
11. Mohamed SA'ID [born circa 1966]
Entity
1. al-Shabaab