Appendix A to Part 554 - Executive Order 13712
31:3.1.1.1.19.8.1.2.6 : Appendix A
Appendix A to Part 554 - Executive Order 13712 Executive Order
13712 of November 22, 2015 Blocking the Property of Certain Persons
Contributing to the Situation in Burundi
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, BARACK OBAMA, President of the United States of America, find
that the situation in Burundi, which has been marked by the killing
of and violence against civilians, unrest, the incitement of
imminent violence, and significant political repression, and which
threatens the peace, security, and stability of Burundi,
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
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may not be transferred, paid, exported, withdrawn, or otherwise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; and
(ii) 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 engaged
in, directly or indirectly, any of the following in or in relation
to Burundi:
(1) actions or policies that threaten the peace, security, or
stability of Burundi;
(2) actions or policies that undermine democratic processes or
institutions in Burundi;
(3) human rights abuses;
(4) the targeting of women, children, or any civilians through
the commission of acts of violence (including killing, maiming,
torture, or rape or other sexual violence), abduction, forced
displacement, or attacks on schools, hospitals, religious sites, or
locations where civilians are seeking refuge, or through other
conduct that may constitute a serious abuse or violation of human
rights or a violation of international humanitarian law;
(5) actions or policies that prohibit, limit, or penalize the
exercise of freedom of expression or freedom of peaceful
assembly;
(6) the use or recruitment of children by armed groups or armed
forces;
(7) the obstruction of the delivery or distribution of, or
access to, humanitarian assistance; or
(8) attacks, attempted attacks, or threats against United
Nations missions, international security presences, or other
peacekeeping operations;
(B) to be a leader or official of:
(1) an entity, including any government entity or armed group,
that has, or whose members have, engaged in any of the activities
described in subsection (a)(ii)(A) of this section; or
(2) an entity whose property and interests in property are
blocked pursuant to this order;
(C) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to or in support of:
(1) any of the activities described in subsection (a)(ii)(A) of
this section; or
(2) 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 prior to the effective date of this order.
Sec. 2. I hereby find that 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) of this order
would be detrimental to the interests of the United States, and I
hereby suspend entry into the United States, as immigrants or
nonimmigrants, of such persons. 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
type 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. 4. The prohibitions in section 1 of this order include but
are not limited to:
(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 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 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 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. 9. 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. 10. 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. 11. 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. 12. This order is effective at 12:01 a.m. eastern standard
time on November 23, 2015.
Barack Obama THE WHITE HOUSE, November 22, 2015 ANNEX
1. Alain Guillaume Bunyoni [Minister of Public Security; born
January 2, 1972]
2. Cyrille Ndayirukiye [Former Defense Minister; born July 8,
1954]
3. Godefroid Niyombare [Major General; born October 18,
1969]
4. Godefroid Bizimana [born April 23, 1968]