Appendix A to Part 569 - Executive Order 13894
31:3.1.1.1.26.9.1.2.14 : Appendix A
Appendix A to Part 569 - Executive Order 13894 Executive Order
13894 of October 14, 2019 Blocking Property and Suspending Entry of
Certain Persons Contributing to the Situation in Syria
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 in and in relation to Syria, and in
particular the recent actions by the Government of Turkey to
conduct a military offensive into northeast Syria, undermines the
campaign to defeat the Islamic State of Iraq and Syria, or ISIS,
endangers civilians, and further threatens to undermine the peace,
security, and stability in the region, and thereby constitutes an
unusual and extraordinary threat to the national security and
foreign policy of the United States. 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 the following persons are blocked and
may not be transferred, paid, exported, withdrawn, or otherwise
dealt in:
(i) 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 directly
or indirectly engaged in, or attempted to engage in, any of the
following in or in relation to Syria:
(1) actions or policies that further threaten the peace,
security, stability, or territorial integrity of Syria; or
(2) the commission of serious human rights abuse;
(B) to be a current or former official of the Government of
Turkey;
(C) to be any subdivision, agency, or instrumentality of the
Government of Turkey;
(D) to operate in such sectors of the Turkish economy as may be
determined by the Secretary of the Treasury, in consultation with
the Secretary of State;
(E) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to or in support of, any person whose property and
interests in property are blocked pursuant to this order; or
(F) 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. (a) The Secretary of State, in consultation with the
Secretary of the Treasury and other officials of the U.S.
Government as appropriate, is hereby authorized to impose on a
foreign person any of the sanctions described in subsections (b)
and (c) of this section, upon determining that the person, on or
after the date of this order:
(i) is responsible for or complicit in, has directly or
indirectly engaged in, or attempted to engage in, or financed, any
of the following:
(A) the obstruction, disruption, or prevention of a ceasefire in
northern Syria;
(B) the intimidation or prevention of displaced persons from
voluntarily returning to their places of residence in Syria;
(C) the forcible repatriation of persons or refugees to Syria;
or
(D) the obstruction, disruption, or prevention of efforts to
promote a political solution to the conflict in Syria,
including:
(1) the convening and conduct of a credible and inclusive
Syrian-led constitutional process under the auspices of the United
Nations (UN);
(2) the preparation for and conduct of UN-supervised elections,
pursuant to the new constitution, that are free and fair and to the
highest international standards of transparency and accountability;
or
(3) the development of a new Syrian government that is
representative and reflects the will of the Syrian people;
(ii) is an adult family member of a person designated under
subsection (a)(i) of this section; or
(iii) is responsible for or complicit in, or has directly or
indirectly engaged in, or attempted to engage in, the expropriation
of property, including real property, for personal gain or
political purposes in Syria.
(b) When the Secretary of State, in accordance with the terms of
subsection (a) of this section, has determined that a person meets
any of the criteria described in that subsection and has selected
one or more of the sanctions set forth below to impose on that
person, the heads of relevant departments and agencies, in
consultation with the Secretary of State, as appropriate, shall
ensure that the following actions are taken where necessary to
implement the sanctions selected by the Secretary of State:
(i) agencies shall not procure, or enter into a contract for the
procurement of, any goods or services from the sanctioned person;
or
(ii) the Secretary of State shall direct the denial of a visa
to, and the Secretary of Homeland Security shall exclude from the
United States, any alien that the Secretary of State determines is
a corporate officer or principal of, or a shareholder with a
controlling interest in, a sanctioned person.
(c) When the Secretary of State, in accordance with the terms of
subsection (a) of this section, has determined that a person meets
any of the criteria described in that subsection and has selected
one or more of the sanctions set forth below to impose on that
person, the Secretary of the Treasury, in consultation with the
Secretary of State, shall take the following actions where
necessary to implement the sanctions selected by the Secretary of
State:
(i) prohibit any United States financial institution that is a
U.S. person from making loans or providing credits to the
sanctioned person totaling more than $10,000,000 in any 12-month
period, unless such person is engaged in activities to relieve
human suffering and the loans or credits are provided for such
activities;
(ii) prohibit any transactions in foreign exchange that are
subject to the jurisdiction of the United States and in which the
sanctioned person has any interest;
(iii) prohibit any transfers of credit or payments between
banking institutions or by, through, or to any banking institution,
to the extent that such transfers or payments are subject to the
jurisdiction of the United States and involve any interest of the
sanctioned person;
(iv) block 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 sanctioned person, and provide that
such property and interests in property may not be transferred,
paid, exported, withdrawn, or otherwise dealt in;
(v) prohibit any United States person from investing in or
purchasing significant amounts of equity or debt instruments of the
sanctioned person;
(vi) restrict or prohibit imports of goods, technology, or
services, directly or indirectly, into the United States from the
sanctioned person; or
(vii) impose on the principal executive officer or officers, or
persons performing similar functions and with similar authorities,
of the sanctioned person the sanctions described in subsections
(c)(i)-(c)(vi) of this section, as selected by the Secretary of
State.
(d) The prohibitions in subsections (b) and (c) 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. 3. (a) The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby authorized to impose on a foreign
financial institution the sanctions described in subsection (b) of
this section upon determining that the foreign financial
institution knowingly conducted or facilitated any significant
financial transaction for or on behalf of any person whose property
and interests in property are blocked pursuant to section 1 of this
order.
(b) With respect to any foreign financial institution determined
by the Secretary of the Treasury, in accordance with this section,
to meet the criteria set forth in subsection (a) of this section,
the Secretary of the Treasury may prohibit the opening, and
prohibit or impose strict conditions on the maintaining, in the
United States of a correspondent account or a payable-through
account by such foreign financial institution.
(c) The prohibitions in subsection (b) 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. 4. 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) or 2(a) of this order, or aliens for
which the sanctions under subsection 2(b)(ii) have been selected,
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 in
the same manner 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. 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. 6. The prohibitions in sections 1 and 2 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 this order;
and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 7. (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. 8. For the purposes of this order:
(a) The term “entity” means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other
organization;
(b) the term “foreign financial institution” means any foreign
entity that is engaged in the business of accepting deposits,
making, granting, transferring, holding, or brokering loans or
credits, or purchasing or selling foreign exchange, securities,
commodity futures or options, or procuring purchasers and sellers
thereof, as principal or agent. The term includes depository
institutions, banks, savings banks, money service businesses, trust
companies, securities brokers and dealers, commodity futures and
options brokers and dealers, forward contract and foreign exchange
merchants, securities and commodities exchanges, clearing
corporations, investment companies, employee benefit plans, dealers
in precious metals, stones, or jewels, and holding companies,
affiliates, or subsidiaries of any of the foregoing. The term does
not include the international financial institutions identified in
22 U.S.C. 262r(c)(2), the International Fund for Agricultural
Development, the North American Development Bank, or any other
international financial institution so notified by the Secretary of
the Treasury;
(c) the term “knowingly,” with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the circumstance,
or the result;
(d) the term “person” means an individual or entity;
(e) the term “United States person” or “U.S. 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; and
(f) the term “Government of Turkey” means the Government of
Turkey, any political subdivision, agency, or instrumentality
thereof, or any person owned or controlled by or acting for or on
behalf of the Government of Turkey.
Sec. 9. 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 this
order.
Sec. 10. 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, 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. 11. 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. 12. (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,
October 14, 2019.