Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions

[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]

[Presidential Documents]

[Pages 5331-5333]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-01197]

Presidential Documents

Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 5331]]

Executive Order 13761 of January 13, 2017

Recognizing Positive Actions by the Government of

Sudan and Providing for the Revocation of Certain

Sudan-Related Sanctions

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.), the National

Emergencies Act (50 U.S.C. 1601 et seq.), the Trade

Sanctions Reform and Export Enhancement Act of 2000 (22

U.S.C. 7201-7211) (TSRA), the Comprehensive Peace in

Sudan Act of 2004, as amended (Public Law 108-497)

(CPSA), the Darfur Peace and Accountability Act of 2006

(Public Law 109-344) (DPAA), and section 301 of title

3, United States Code,

Trade

Sanctions Reform and Export Enhancement Act of 2000 (22

U.S.C. 7201-7211) (TSRA), the Comprehensive Peace in

Sudan Act of 2004, as amended (Public Law 108-497)

(CPSA), the Darfur Peace and Accountability Act of 2006

(Public Law 109-344) (DPAA), and section 301 of title

3, United States Code,

I, BARACK OBAMA, President of the United States of

America, find that the situation that gave rise to the

actions taken in Executive Order 13067 of November 3,

1997, and Executive Order 13412 of October 13, 2006,

related to the policies and actions of the Government

of Sudan has been altered by Sudan's positive actions

over the past 6 months. These actions include a marked

reduction in offensive military activity, culminating

in a pledge to maintain a cessation of hostilities in

conflict areas in Sudan, and steps toward the

improvement of humanitarian access throughout Sudan, as

well as cooperation with the United States on

addressing regional conflicts and the threat of

terrorism. Given these developments, and in order to

see these efforts sustained and enhanced by the

Government of Sudan, I hereby order:

toward the

improvement of humanitarian access throughout Sudan, as

well as cooperation with the United States on

addressing regional conflicts and the threat of

terrorism. Given these developments, and in order to

see these efforts sustained and enhanced by the

Government of Sudan, I hereby order:

Section 1. Effective July 12, 2017 and provided the

criteria in section 12(b) of this order are met,

sections 1 and 2 of Executive Order 13067 of November

3, 1997, are revoked, and Executive Order 13412 of

October 13, 2006, is revoked in its entirety. The

revocation of those provisions of Executive Order 13067

and of Executive Order 13412 shall not affect any

violation of any rules, regulations, orders, licenses,

or other forms of administrative action under those

orders during the period that those provisions were in

effect.

Sec. 2. Pursuant to section 908(a)(3) of TSRA, I hereby

determine that it is in the national security interest

of the United States to waive, and hereby waive, the

application of section 908(a)(1) of TSRA with respect

to Sudan.

Sec. 3. Pursuant to section 6(d) of CPSA, I hereby

determine and certify that it is in the national

interest of the United States to waive, and hereby

waive, the application of sections 6(a) and (b) of

CPSA.

Sec. 4. The function of the President under section

6(c)(1) of CPSA is assigned to the Secretary of the

Treasury.

, I hereby

determine and certify that it is in the national

interest of the United States to waive, and hereby

waive, the application of sections 6(a) and (b) of

CPSA.

Sec. 4. The function of the President under section

6(c)(1) of CPSA is assigned to the Secretary of the

Treasury.

Sec. 5. The functions of the President under section

6(c)(2) and the last sentence of section 6(d) of CPSA

are assigned to the Secretary of State, except that the

function of denial of entry is assigned to the

Secretary of Homeland Security.

Sec. 6. The function of the President under section 8

of DPAA is assigned to the Secretary of State.

[[Page 5332]]

Sec. 7. The Secretary of the Treasury and the Secretary

of Commerce are authorized to issue regulations,

licenses, and orders, and conduct such investigations

as may be necessary, to implement the provisions of

section 906 of TSRA.

Sec. 8. This order is not intended to, and does not,

otherwise affect the national emergency declared in

Executive Order 13067 of November 3, 1997, as expanded

in scope by Executive Order 13400 of April 26, 2006,

which shall remain in place.

Sec. 9. 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.

all remain in place.

Sec. 9. 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. 10. On or before July 12, 2017, the Secretary of

State, in consultation with the Secretary of the

Treasury, the Director of National Intelligence, and

the Administrator of the U.S. Agency for International

Development, and based on a consideration of relevant

and credible information from available sources,

including nongovernmental organizations, shall provide

to the President a report on whether the Government of

Sudan has sustained the positive actions that gave rise

to this order, including carrying out its pledge to

maintain a cessation of hostilities in conflict areas

in Sudan; continued improvement of humanitarian access

throughout Sudan; and maintaining its cooperation with

the United States on addressing regional conflicts and

the threat of terrorism. As much of the report as

possible, consistent with sources and methods, shall be

unclassified and made public.

in Sudan; continued improvement of humanitarian access

throughout Sudan; and maintaining its cooperation with

the United States on addressing regional conflicts and

the threat of terrorism. As much of the report as

possible, consistent with sources and methods, shall be

unclassified and made public.

Sec. 11. (a) The Secretary of State, in consultation

with the Secretary of the Treasury, the Director of

National Intelligence, and the Administrator of the

U.S. Agency for International Development, and based on

a consideration of relevant and credible information

from available sources, including nongovernmental

organizations, shall provide to the President an

updated version of the report required in section 10 of

this order annually thereafter. As much of the report

as possible, consistent with sources and methods, shall

be unclassified and made public. To the extent a report

concludes that the Government of Sudan has or has not

sustained the positive actions that gave rise to this

order, the Secretary of State, in consultation with the

Secretary of the Treasury, the Director of National

Intelligence, and the Administrator of the U.S. Agency

for International Development, shall provide to the

President recommendations on appropriate U.S.

Government responses.

ve rise to this

order, the Secretary of State, in consultation with the

Secretary of the Treasury, the Director of National

Intelligence, and the Administrator of the U.S. Agency

for International Development, shall provide to the

President recommendations on appropriate U.S.

Government responses.

(b) Concurrent with the provision of the reports

required in section 11(a) of this order, the Secretary

of State, in consultation with the Secretary of the

Treasury, the Director of National Intelligence, and

the Administrator of the U.S. Agency for International

Development, shall publish a notice in the Federal

Register stating whether the Government of Sudan has

sustained the positive actions that gave rise to this

order.

Sec. 12. (a) This order is effective on January 13,

2017, except for sections 1, 4, 5, 6, and 7 of this

order;

[[Page 5333]]

(b) Sections 1, 4, 5, 6, and 7 of this order are

effective on July 12, 2017, provided that the Secretary

of State, in consultation with the Secretary of the

Treasury, the Director of National Intelligence, and

the Administrator of the U.S. Agency for International

Development, has published a notice in the Federal

Register on or before that date, stating that the

Government of Sudan has sustained the positive actions

that gave rise to this order and that the Secretary of

State has provided to the President the report

described in section 10 of this order.

(Presidential Sig.)

THE WHITE HOUSE,

that date, stating that the

Government of Sudan has sustained the positive actions

that gave rise to this order and that the Secretary of

State has provided to the President the report

described in section 10 of this order.

(Presidential Sig.)

THE WHITE HOUSE,

January 13, 2017.

[FR Doc. 2017-01197

Filed 1-17-17; 8:45 am]

Billing code 3295-F7-P