Appendix A to Part 582 - Executive Order 13851
31:3.1.1.1.31.9.1.2.18 : Appendix A
Appendix A to Part 582 - Executive Order 13851 Executive Order
13851 of November 27, 2018 Blocking Property of Certain Persons
Contributing to the Situation in Nicaragua
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 Nicaragua, including the violent
response by the Government of Nicaragua to the protests that began
on April 18, 2018, and the Ortega regime's systematic dismantling
and undermining of democratic institutions and the rule of law, its
use of indiscriminate violence and repressive tactics against
civilians, as well as its corruption leading to the destabilization
of Nicaragua's economy, 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 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may not be transferred, paid, exported, withdrawn, or otherwise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: 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 or attempted to engage in, any of the
following:
(A) Serious human rights abuse in Nicaragua;
(B) actions or policies that undermine democratic processes or
institutions in Nicaragua;
(C) actions or policies that threaten the peace, security, or
stability of Nicaragua;
(D) any transaction or series of transactions involving
deceptive practices or corruption by, on behalf of, or otherwise
related to the Government of Nicaragua or a current or former
official of the Government of Nicaragua, such as the
misappropriation of public assets or expropriation of private
assets for personal gain or political purposes, corruption related
to government contracts, or bribery;
(ii) to be a leader or official of an entity that has, or whose
members have, engaged in any activity described in subsection
(a)(i) of this section or of an entity whose property and interests
in property are blocked pursuant to this order;
(iii) to be an official of the Government of Nicaragua or to
have served as an official of the Government of Nicaragua at any
time on or after January 10, 2007;
(iv) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of:
(A) Any 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
(v) 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.
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:
(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;
(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;
and
(d) the term “Government of Nicaragua” means the Government of
Nicaragua, any political subdivision, agency, or instrumentality
thereof, including the Central Bank of Nicaragua, and any person
owned or controlled by, or acting for or on behalf of, the
Government of Nicaragua.
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 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 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. (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, November 27, 2018.