Authorizing the Implementation of Certain Sanctions Set Forth in the Countering America's Adversaries Through Sanctions Act

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]

[Presidential Documents]

[Pages 48195-48200]

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

[FR Doc No: 2018-20816]

[[Page 48193]]

Vol. 83

Friday,

No. 184

September 21, 2018

Part III

The President

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Executive Order 13849--Authorizing the Implementation of Certain

Sanctions Set Forth in the Countering America's Adversaries Through

Sanctions Act

Presidential Documents

Federal Register / Vol. 83 , No. 184 / Friday, September 21, 2018 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 48195]]

Executive Order 13849 of September 20, 2018

Authorizing the Implementation of Certain

Sanctions Set Forth in the Countering America's

Adversaries Through Sanctions Act

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.), the

Countering America's Adversaries Through Sanctions Act

(Public Law 115-44) (CAATSA), the Ukraine Freedom

Support Act of 2014 (Public Law 113-272), as amended

(UFSA), 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,

he

Countering America's Adversaries Through Sanctions Act

(Public Law 115-44) (CAATSA), the Ukraine Freedom

Support Act of 2014 (Public Law 113-272), as amended

(UFSA), 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, in order to take additional steps with respect

to the national emergencies declared in Executive Order

13660 of March 6, 2014, as expanded in scope and relied

upon for additional steps taken in subsequent Executive

Orders, and Executive Order 13694 of April 1, 2015, as

relied upon for additional steps taken in Executive

Order 13757 of December 28, 2016, hereby order:

Section 1. (a) When the President, or the Secretary of

State or the Secretary of the Treasury pursuant to

authority delegated by the President and in accordance

with the terms of such delegation, has determined that

sanctions shall be imposed on a person pursuant to

sections 224(a)(2), 231(a), 232(a), or 233(a) of CAATSA

and has selected from section 235 of CAATSA any 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 and

maintained by the President, the Secretary of State, or

the Secretary of the Treasury:

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 and

maintained by the President, the Secretary of State, or

the Secretary of the Treasury:

(i) prohibit any United States financial institution from making loans or

providing credits to the sanctioned person totaling more than $10,000,000

in any 12-month period, unless the 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 financial

institutions, or by, through, or to any financial 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 of the sanctioned person

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, and provide that such property and interests in

property may not be transferred, paid, exported, withdrawn, or otherwise

dealt in;

sanctioned person;

(iv) block all property and interests in property of the sanctioned person

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, 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;

or

[[Page 48196]]

(vi) impose on the principal executive officer or officers of the

sanctioned person, or on persons performing similar functions and with

similar authorities as such officer or officers, the sanctions described in

subsections (a)(i)-(a)(v) of this section, as selected by the President,

the Secretary of State, or the Secretary of the Treasury.

(b) The prohibitions in subsection (a)(iv) of this

section include:

(i) the making of any contribution or provision of funds, goods, or

services by, to, or for the benefit of any sanctioned 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 sanctioned person.

(c) The prohibitions in 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.

n.

(c) The prohibitions in 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. (a) When the President, or the Secretary of

State or the Secretary of the Treasury pursuant to

authority delegated by the President and in accordance

with the terms of such delegation, has determined that

sanctions shall be imposed on a person pursuant to

sections 224(a)(2), 231(a), 232(a), or 233(a) of CAATSA

and has selected from section 235 of CAATSA any 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 and the

Secretary of the Treasury, as appropriate, shall ensure

that the following actions are taken where necessary to

implement the sanctions selected and maintained by the

President, the Secretary of State, or the Secretary of

the Treasury:

(i) The Export-Import Bank shall deny approval of the issuance of any

guarantee, insurance, extension of credit, or participation in an extension

of credit in connection with the export of any goods or services to the

sanctioned person;

(ii) Departments and agencies shall not issue any specific license or grant

any other specific permission or authority under any statute that requires

the prior review or approval of the United States Government as a condition

for the export or reexport of goods or technology to the sanctioned person;

of credit in connection with the export of any goods or services to the

sanctioned person;

(ii) Departments and agencies shall not issue any specific license or grant

any other specific permission or authority under any statute that requires

the prior review or approval of the United States Government as a condition

for the export or reexport of goods or technology to the sanctioned person;

(iii) The United States executive director of each international financial

institution shall use the voice and vote of the United States to oppose any

loan from the international financial institution that would benefit the

sanctioned person;

(iv) With respect to a sanctioned person that is a financial institution:

the Board of Governors of the Federal Reserve System and the Federal

Reserve Bank of New York shall not designate, or permit the continuation of

any prior designation of, the sanctioned person as a primary dealer in

United States Government debt instruments; and departments and agencies

shall prevent the sanctioned person from serving as an agent of the United

States Government or serving as a repository for United States Government

funds;

(v) Departments and agencies shall not procure, or enter into a contract

for the procurement of, any goods or services from the sanctioned person;

(vi) The Secretary of State shall deny a visa to, and the Secretary of

Homeland Security shall exclude from the United States, any alien that the

President, the Secretary of State, or the Secretary of the Treasury

determines is a corporate officer or principal of, or a shareholder with a

controlling interest in, the sanctioned person by treating the person as

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); or

State, or the Secretary of the Treasury

determines is a corporate officer or principal of, or a shareholder with a

controlling interest in, the sanctioned person by treating the person as

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); or

(vii) The heads of the relevant departments and agencies, as appropriate,

shall impose on the principal executive officer or officers of the

sanctioned

[[Page 48197]]

person, or on persons performing similar functions and with similar

authorities as such officer or officers, the sanctions described in

subsections (a)(i)-(a)(vi) of this section, as selected by the President,

the Secretary of State, or the Secretary of the Treasury.

(b) The prohibitions in 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. 3. (a) When the President, or the Secretary of

State or the Secretary of the Treasury pursuant to

authority delegated by the President and in accordance

with the terms of such delegation, has determined that

sanctions shall be imposed on a person pursuant to

section 224(a)(3) of CAATSA or sections 4(a) or 4(b) of

UFSA and has selected from section 4(c) of UFSA any 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 and

mainta

4(a) or 4(b) of

UFSA and has selected from section 4(c) of UFSA any 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 and

maintained by the President, the Secretary of State, or

the Secretary of the Treasury:

(i) block all property and interests in property of the sanctioned person

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, and provide that such property and interests in

property may not be transferred, paid, exported, withdrawn, or otherwise

dealt in;

(ii) prohibit any transfers of credit or payments between financial

institutions, or by, through, or to any financial 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;

(iii) prohibit any United States person from transacting in, providing

financing for, or otherwise dealing in certain debt or equity of the

sanctioned person, in accordance with section 4(c)(7) of UFSA; or

(iv) impose on the principal executive officer or officers of the

sanctioned person, or on persons performing similar functions and with

similar authorities as such officer or officers, the sanctions described in

subsections (a)(i)-(a)(iii) of this section, as selected by the President,

the Secretary of State, or the Secretary of the Treasury.

(b) The prohibitions in subsection (a)(i) of this

section include:

cers of the

sanctioned person, or on persons performing similar functions and with

similar authorities as such officer or officers, the sanctions described in

subsections (a)(i)-(a)(iii) of this section, as selected by the President,

the Secretary of State, or the Secretary of the Treasury.

(b) The prohibitions in subsection (a)(i) of this

section include:

(i) the making of any contribution or provision of funds, goods, or

services by, to, or for the benefit of any sanctioned 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 sanctioned person.

(c) The prohibitions in 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. 4. (a) When the President, or the Secretary of

State or the Secretary of the Treasury pursuant to

authority delegated by the President and in accordance

with the terms of such delegation, has determined that

sanctions shall be imposed on a person pursuant to

section 224(a)(3) of CAATSA or sections 4(a) or 4(b) of

UFSA and has selected from section 4(c) of UFSA any 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 and the

Secretary of the Treasury, as appropriate, shall ensure

that the following actions are taken where necessary to

implement the sanctions selected and maintained by the

ns set forth below to impose on that person,

the heads of relevant departments and agencies, in

consultation with the Secretary of State and the

Secretary of the Treasury, as appropriate, shall ensure

that the following actions are taken where necessary to

implement the sanctions selected and maintained by the

President, the Secretary of State, or the Secretary of

the Treasury:

(i) The Export-Import Bank shall deny approval of the issuance of any

guarantee, insurance, extension of credit, or participation in an extension

[[Page 48198]]

of credit in connection with the export of any goods or services to the

sanctioned person;

(ii) Departments and agencies shall not procure, or enter into a contract

for the procurement of, any goods or services from the sanctioned person;

(iii) Departments and agencies shall prohibit the exportation, or provision

by sale, lease or loan, grant, or other means, directly or indirectly, of

any defense article or defense service to the sanctioned person and shall

not issue any license or other approval to the sanctioned person under

section 38 of the Arms Export Control Act (22 U.S.C. 2778);

(iv) Departments and agencies shall not issue any license, and shall

suspend any license, for the transfer to the sanctioned person of any item

the export of which is controlled under the Export Control Reform Act of

2018 (subtitle B of title XVII of Public Law 115-232), or the Export

Administration Regulations under subchapter C of chapter VII of title 15,

Code of Federal Regulations;

778);

(iv) Departments and agencies shall not issue any license, and shall

suspend any license, for the transfer to the sanctioned person of any item

the export of which is controlled under the Export Control Reform Act of

2018 (subtitle B of title XVII of Public Law 115-232), or the Export

Administration Regulations under subchapter C of chapter VII of title 15,

Code of Federal Regulations;

(v) The Secretary of State shall deny a visa to, and the Secretary of

Homeland Security shall exclude from the United States, the sanctioned

person by treating the person as covered by section 1 of Proclamation 8693;

or

(vi) The heads of the relevant departments and agencies, as appropriate,

shall impose on the principal executive officer or officers of the

sanctioned person, or on persons performing similar functions and with

similar authorities as such officer or officers, the sanctions described in

subsections (a)(i)-(a)(v) of this section, as selected by the President,

the Secretary of State, or the Secretary of the Treasury.

(b) The prohibitions in 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. 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.

anding any

contract entered into or any license or permit granted

prior to the date of this order.

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. I hereby determine that, to the extent section

203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply,

the making of donations of the types of articles

specified in such section by, to, or for the benefit of

any sanctioned person whose property and interests in

property are blocked pursuant to this order would

seriously impair my ability to deal with the national

emergencies declared in Executive Orders 13660 and

13694, and I hereby prohibit such donations as provided

by sections 1(a)(iv) and 3(a)(i) of this order.

Sec. 7. 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 within the United

States;

(d) the term ``financial institution'' includes:

ed 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 within the United

States;

(d) the term ``financial institution'' includes:

(i) a depository institution (as defined in section

3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C.

1813(c)(1))), including a branch or agency of a foreign

bank (as defined in section 1(b)(7) of the

International Banking Act of 1978 (12 U.S.C. 3101(7)));

(ii) a credit union; (iii) a securities firm, including

a broker or dealer; (iv) an insurance company,

including an agency or underwriter; and (v) any other

company that provides financial services;

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(e) the term ``international financial

institution'' has the meaning given that term in

section 1701(c) of the International Financial

Institutions Act (22 U.S.C. 262r(c));

(f) the term ``United States financial

institution'' means a financial institution (including

its foreign branches) organized under the laws of the

United States or of any jurisdiction within the United

States or located in the United States; and

Financial

Institutions Act (22 U.S.C. 262r(c));

(f) the term ``United States financial

institution'' means a financial institution (including

its foreign branches) organized under the laws of the

United States or of any jurisdiction within the United

States or located in the United States; and

(g) the term ``sanctioned person'' means a person

that the President, or the Secretary of State or the

Secretary of the Treasury pursuant to authority

delegated by the President and in accordance with the

terms of such delegation, has determined is a person on

whom sanctions shall be imposed pursuant to sections

224(a)(2), 224(a)(3), 231(a), 232(a), or 233(a) of

CAATSA or sections 4(a) or 4(b) of UFSA and on whom the

President, the Secretary of State, or the Secretary of

the Treasury has imposed any of the sanctions in

section 235 of CAATSA or section 4(c) of UFSA.

Sec. 8. 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 with respect to

such property or interests in property pursuant to this

order would render those measures ineffectual

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 with respect to

such property or interests in property pursuant to this

order would render those measures ineffectual. I

therefore determine that for these measures to be

effective in addressing the national emergencies

declared in Executive Orders 13660 and 13694, there

need be no prior notice of an action taken pursuant to

this order with respect to such property or interests

in property.

Sec. 9. The unrestricted immigrant and nonimmigrant

entry into the United States of aliens on whom

sanctions described in sections 1(a)(iv) or 3(a)(i) of

this order have been imposed 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.

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, and sections 224(a)(2),

224(a)(3), 231(a), 231(e), 232(a), 233(a), and 235 of

CAATSA and sections 4(a)-(c) and 4(h) of UFSA with

respect to powers to impose sanctions, as may be

necessary to carry out the purposes of this order

and regulations, and to employ all powers granted to

the President by IEEPA, and sections 224(a)(2),

224(a)(3), 231(a), 231(e), 232(a), 233(a), and 235 of

CAATSA and sections 4(a)-(c) and 4(h) of UFSA with

respect to powers to impose sanctions, 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 Government shall take

all appropriate measures within their authority to

carry out the provisions of this order.

Sec. 11. (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.

[[Page 48200]]

(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.

(Presidential Sig.)

THE WHITE HOUSE,

September 20, 2018.

[FR Doc. 2018-20816

Filed 9-20-18; 2:00 pm]

Billing code 3295-F8-P