Blocking Property of Certain Persons Contributing to the Situation in Nicaragua

[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)]

[Presidential Documents]

[Pages 61505-61507]

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

[FR Doc No: 2018-26156]

Presidential Documents

Federal Register / Vol. 83 , No. 230 / Thursday, November 29, 2018 /

Presidential Documents

[[Page 61505]]

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:

ics 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be transferred, paid, exported, withdrawn, or otherwise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;

ion 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

[[Page 61506]]

(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.

hibitions 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:

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

bgroup, 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.

[[Page 61507]]

nt 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.

[[Page 61507]]

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.

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.

(Presidential Sig.)

THE WHITE HOUSE,

November 27, 2018.

[FR Doc. 2018-26156

Filed 11-28-18; 11:15 am]

Billing code 3295-F9-P