Appendix A to Part 590 - Executive Order 13581 of July 24, 2011
31:3.1.1.1.37.8.1.2.24 : Appendix A
Appendix A to Part 590 - Executive Order 13581 of July 24, 2011
EXECUTIVE ORDER Blocking Property of Transnational Criminal
Organizations
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), and section 301 of title 3, United States
Code,
I, BARACK OBAMA, President of the United States of America, find
that the activities of significant transnational criminal
organizations, such as those listed in the Annex to this order,
have reached such scope and gravity that they threaten the
stability of international political and economic systems.
Such organizations are becoming increasingly sophisticated and
dangerous to the United States; they are increasingly entrenched in
the operations of foreign governments and the international
financial system, thereby weakening democratic institutions,
degrading the rule of law, and undermining economic markets. These
organizations facilitate and aggravate violent civil conflicts and
increasingly facilitate the activities of other dangerous persons.
I therefore determine that significant transnational criminal
organizations constitute an unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States, and hereby declare a national emergency to deal with that
threat.
Accordingly, 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 overseas
branch, 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transferred, paid, exported, withdrawn, or otherwise dealt in: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 and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Attorney General and the Secretary of
State:
(A) to be a foreign person that constitutes a significant
transnational criminal organization;
(B) 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
(C) 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) 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 subsection (a) of this section.
(c) The prohibitions in subsection (a) of this section include,
but are not limited to:
(i) 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
(ii) the receipt of any contribution or provision of funds,
goods, or services from any such person.
(d) 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 effective date of this order.
Sec. 2. (a) Any transaction by a United States person or
within the United States 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. 3. 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;
(d) the term “foreign person” means any citizen or national of a
foreign state, or any entity organized under the laws of a foreign
state or existing in a foreign state, including any such individual
or entity who is also a United States person; and
(e) the term “significant transnational criminal organization”
means a group of persons, such as those listed in the Annex to this
order, that includes one or more foreign persons; that engages in
an ongoing pattern of serious criminal activity involving the
jurisdictions of at least two foreign states; and that threatens
the national security, foreign policy, or economy of the United
States.
Sec. 4. 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 these 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(a)
of this order.
Sec. 5. The Secretary of the Treasury, in consultation
with the Attorney General and 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. 6. The Secretary of the Treasury, in consultation
with the Attorney General and 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. 7. The Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State, 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. 8. 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.
Sec. 9. This order is effective at 12:01 a.m. eastern
daylight time on July 25, 2011.
Barack Obama THE WHITE HOUSE, July 24, 2011. ANNEX Entities
1. THE BROTHERS' CIRCLE (f.k.a. FAMILY OF ELEVEN; f.k.a. THE
TWENTY)
2. CAMORRA
3. YAKUZA (a.k.a. BORYOKUDAN; a.k.a. GOKUDO)
4. LOS ZETAS