Presidential DocumentExecutive Order 138492018-20816
Authorizing the Implementation of Certain Sanctions Set Forth in the Countering America's Adversaries Through Sanctions Act
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Published
September 21, 2018
Signed
September 20, 2018
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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,
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:
(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;
(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.
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;
(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
(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
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:
(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
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;
(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.
(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:
(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;
[[Page 48199]]
(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
(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. 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. 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
September 20, 2018.
[FR Doc. 2018-20816
Filed 9-20-18; 2:00 pm]
Billing code 3295-F8-P
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