Appendix A to Part 583 - Executive Order 13818
31:3.1.1.1.32.9.1.2.19 : Appendix A
Appendix A to Part 583 - Executive Order 13818 Executive Order
13818 of December 20, 2017 Blocking the Property of Persons
Involved in Serious Human Rights Abuse or Corruption
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), the Global Magnitsky Human Rights
Accountability Act (Public Law 114-328) (the “Act”), section 212(f)
of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f))
(INA), and section 301 of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of America,
find that the prevalence and severity of human rights abuse and
corruption that have their source, in whole or in substantial part,
outside the United States, such as those committed or directed by
persons listed in the Annex to this order, have reached such scope
and gravity that they threaten the stability of international
political and economic systems. Human rights abuse and corruption
undermine the values that form an essential foundation of stable,
secure, and functioning societies; have devastating impacts on
individuals; weaken democratic institutions; degrade the rule of
law; perpetuate violent conflicts; facilitate the activities of
dangerous persons; and undermine economic markets. The United
States seeks to impose tangible and significant consequences on
those who commit serious human rights abuse or engage in
corruption, as well as to protect the financial system of the
United States from abuse by these same persons.
I therefore determine that serious human rights abuse and
corruption around the world constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy 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blocked and may not be transferred, paid, exported, withdrawn, or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:
(i) The persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary of the
Treasury, in consultation with the Secretary of State and the
Attorney General:
(A) To be responsible for or complicit in, or to have directly
or indirectly engaged in, serious human rights abuse;
(B) to be a current or former government official, or a person
acting for or on behalf of such an official, who is responsible for
or complicit in, or has directly or indirectly engaged in:
(1) Corruption, including the misappropriation of state assets,
the expropriation of private assets for personal gain, corruption
related to government contracts or the extraction of natural
resources, or bribery; or
(2) the transfer or the facilitation of the transfer of the
proceeds of corruption;
(C) to be or have been a leader or official of:
(1) An entity, including any government entity, that has engaged
in, or whose members have engaged in, any of the activities
described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this
section relating to the leader's or official's tenure; or
(2) an entity whose property and interests in property are
blocked pursuant to this order as a result of activities related to
the leader's or official's tenure; or
(D) to have attempted to engage in any of the activities
described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this
section; and
(iii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney
General:
(A) To have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to or in support of:
(1) Any activity described in subsections (ii)(A), (ii)(B)(1),
or (ii)(B)(2) of this section that is conducted by a foreign
person;
(2) any person whose property and interests in property are
blocked pursuant to this order; or
(3) any entity, including any government entity, that has
engaged in, or whose members have engaged in, any of the activities
described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this
section, where the activity is conducted by a foreign person;
(B) 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; or
(C) to have attempted to engage in any of the activities
described in subsections (iii)(A) or (B) of this section.
(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 effective 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. 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
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 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;
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 this
order.
Sec. 8. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such
actions, including adopting rules and regulations, and to employ
all powers granted to me by IEEPA and the Act as may be necessary
to implement this order and section 1263(a) of the Act with respect
to the determinations provided for therein. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions to other officers and agencies of the United
States. All agencies shall take all appropriate measures within
their authority to implement this order.
Sec. 9. The Secretary of State is hereby authorized to
take such actions, including adopting rules and regulations, and to
employ all powers granted to me by IEEPA, the INA, and the Act as
may be necessary to carry out section 2 of this order and, in
consultation with the Secretary of the Treasury, the reporting
requirement in section 1264(a) of the Act with respect to the
reports provided for in section 1264(b)(2) of that Act. The
Secretary of State may, consistent with applicable law, redelegate
any of these functions to other officers and agencies of the United
States consistent with applicable law.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General, 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. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to submit
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. This order is effective at 12:01 a.m., Eastern
Standard Time, December 21, 2017.
Sec. 13. 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, December 20, 2017. Annex 1.
Mukhtar Hamid Shah; Date of Birth (DOB) August 11, 1939; alt. DOB
November 8, 1939; nationality, Pakistan 2. Angel Rondon Rijo; DOB
July 16, 1950; nationality, Dominican Republic 3. Dan Gertler; DOB
December 23, 1973; nationality, Israel; alt. nationality,
Democratic Republic of the Congo 4. Maung Maung Soe; DOB March
1964; nationality, Burma 5. Yahya Jammeh; DOB May 25, 1965;
nationality, The Gambia 6. Sergey Kusiuk; DOB December 1, 1966;
nationality, Ukraine; alt. nationality, Russia 7. Benjamin Bol Mel;
DOB January 3, 1978; alt. DOB December 24, 1978; nationality, South
Sudan; alt. nationality, Sudan 8. Julio Antonio Juarez Ramirez; DOB
December 1, 1980; nationality, Guatemala 9. Goulnora Islamovna
Karimova; DOB July 8, 1972; nationality, Uzbekistan 10. Slobodan
Tesic; DOB December 21, 1958; nationality, Serbia 11. Artem
Yuryevich Chayka; DOB September 25, 1975; nationality, Russia 12.
Gao Yan; DOB April 1963; nationality, China 13. Roberto Jose Rivas
Reyes; DOB July 6, 1954; nationality, Nicaragua