Appendix A to Part 555 - Executive Order 13882
31:3.1.1.1.20.9.1.2.7 : Appendix A
Appendix A to Part 555 - Executive Order 13882 Executive Order
13882 of July 26, 2019 Blocking Property and Suspending Entry of
Certain Persons Contributing to the Situation in Mali
By the authority vested in me as President by the Constitution
and the laws of the United States of America 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 United
Nations Participation Act of 1945 (22 U.S.C. 287c) (UNPA), 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, and in
view of United Nations Security Council Resolution (UNSCR) 2374 of
September 5, 2017, and UNSCR 2432 of August 30, 2018,
I, DONALD J. TRUMP, President of the United States of America,
find that the situation in Mali, including repeated violations of
ceasefire arrangements made pursuant to the 2015 Agreement on Peace
and Reconciliation in Mali; the expansion of terrorist activities
into southern and central Mali; the intensification of drug
trafficking and trafficking in persons, human rights abuses, and
hostage-taking; and the intensification of attacks against
civilians, the Malian defense and security forces, the United
Nations Multidimensional Integrated Stabilizations Mission in Mali
(MINUSMA), and international security presences, 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blocked and may not be transferred, paid, exported, withdrawn, or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: any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State:
(i) To be responsible for or complicit in, or to have directly
or indirectly engaged in, any of the following in or in relation to
Mali:
(A) Actions or policies that threaten the peace, security, or
stability of Mali;
(B) actions or policies that undermine democratic processes or
institutions in Mali;
(C) a hostile act in violation of, or an act that obstructs,
including by prolonged delay, or threatens the implementation of,
the 2015 Agreement on Peace and Reconciliation in Mali;
(D) planning, directing, sponsoring, or conducting attacks
against local, regional, or state institutions, the Malian defense
and security forces, any international security presences, MINUSMA
peacekeepers, other United Nations or associated personnel, or any
other peacekeeping operations;
(E) obstructing the delivery or distribution of, or access to,
humanitarian assistance;
(F) planning, directing, or committing an act that violates
international humanitarian law or that constitutes a serious human
rights abuse or violation, including an act involving the targeting
of civilians through the commission of an act of violence,
abduction or enforced disappearance, forced displacement, or an
attack on a school, hospital, religious site, or location where
civilians are seeking refuge;
(G) the use or recruitment of children by armed groups or armed
forces in the context of the armed conflict in Mali;
(H) the illicit production or trafficking of narcotics or their
precursors originating or transiting through Mali;
(I) trafficking in persons, smuggling migrants, or trafficking
or smuggling arms or illicitly acquired cultural property; or
(J) any transaction or series of transactions involving bribery
or other corruption, such as the misappropriation of Malian public
assets or expropriation of private assets for personal gain or
political purposes;
(ii) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, any person whose property and interests in
property are blocked pursuant to this order; or
(iii) 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 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, except where the Secretary of State determines that the
person's entry is in the national interest 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.
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
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 promulgating rules and regulations, and to
employ all powers granted to the President by IEEPA and the UNPA 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 agencies
of the United States Government shall 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 submit the
recurring and final reports to the Congress on the national
emergency declared in this order, consistent with section 40l(c) of
the NEA (50 U.S.C. 164l(c)) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).
Sec. 10. (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,
July 26, 2019.