Appendix A to Part 558 - Executive Order 13664
31:3.1.1.1.21.8.1.2.8 : Appendix A
Appendix A to Part 558 - Executive Order 13664
Executive Order 13664 of April 3, 2014
Blocking Property of Certain Persons with Respect to South Sudan
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 and in relation to South Sudan, which has
been marked by activities that threaten the peace, security, or
stability of South Sudan and the surrounding region, including
widespread violence and atrocities, human rights abuses,
recruitment and use of child soldiers, attacks on peacekeepers, and
obstruction of humanitarian operations, poses 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 foreign branch) 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exported, withdrawn, or otherwise dealt in: any person determined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 engaged
in, directly or indirectly, any of the following in or in relation
to South Sudan:
(A) Actions or policies that threaten the peace, security, or
stability of South Sudan;
(B) actions or policies that threaten transitional agreements or
undermine democratic processes or institutions in South Sudan;
(C) actions or policies that have the purpose or effect of
expanding or extending the conflict in South Sudan or obstructing
reconciliation or peace talks or processes;
(D) the commission of human rights abuses against persons in
South Sudan;
(E) 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 conduct
that would constitute a serious abuse or violation of human rights
or a violation of international humanitarian law;
(F) the use or recruitment of children by armed groups or armed
forces in the context of the conflict in South Sudan;
(G) the obstruction of the activities of international
peacekeeping, diplomatic, or humanitarian missions in South Sudan,
or of the delivery or distribution of, or access to, humanitarian
assistance; or
(H) attacks against United Nations missions, international
security presences, or other peacekeeping operations;
(ii) to be a leader of (A) an entity, including any government,
rebel militia, or other group, that has, or whose members have,
engaged in any of the activities described in subsection (a)(i) of
this section or (B) an entity whose property and interests in
property are blocked pursuant to this order;
(iii) to have materially assisted, sponsored, or provided
financial, material, logistical, or technological support for, or
goods or services in support of (A) any of the activities described
in subsection (a)(i) of this section or (B) any person whose
property and interests in property are blocked pursuant to this
order; or
(iv) 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 in this order and 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. 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 this national
emergency, and I hereby prohibit such donations as provided by
section 1 of this order.
Sec. 3. 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. 4. 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 section 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. 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
this national emergency, 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 submit the recurring
and final reports to the Congress on the national emergency
declared in the 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. 10. 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.
The White House, Dated: April 3, 2014. Barack Obama. [79 FR 37190,
July 1, 2014]