Presidential DocumentExecutive Order 140142021-03139
Blocking Property With Respect to the Situation in Burma
Primary source
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Published
February 12, 2021
Signed
February 10, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 28 (Friday, February 12, 2021)</title>
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[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Presidential Documents]
[Pages 9429-9432]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-03139]
[[Page 9427]]
Vol. 86
Friday,
No. 28
February 12, 2021
Part II
The President
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Executive Order 14014--Blocking Property With Respect to the Situation
in Burma
Presidential Documents
Federal Register / Vol. 86 , No. 28 / Friday, February 12, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 9429]]
Executive Order 14014 of February 10, 2021
Blocking Property With Respect to the Situation
in Burma
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, JOSEPH R. BIDEN JR., President of the United States
of America, find that the situation in and in relation
to Burma, and in particular the February 1, 2021, coup,
in which the military overthrew the democratically
elected civilian government of Burma and unjustly
arrested and detained government leaders, politicians,
human rights defenders, journalists, and religious
leaders, thereby rejecting the will of the people of
Burma as expressed in elections held in November 2020
and undermining the country's democratic transition and
rule of law, constitutes an unusual and extraordinary
threat to the national security and foreign policy of
the United States. I 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 of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise
dealt in: any foreign person determined by the
Secretary of the Treasury, in consultation with the
Secretary of State:
(i) to operate in the defense sector of the Burmese economy or any other
sector of the Burmese economy as may be determined by the Secretary of the
Treasury, in consultation with the Secretary of State;
(ii) to be responsible for or complicit in, or to have directly or
indirectly engaged or attempted to engage in, any of the following:
(A) actions or policies that undermine democratic processes or
institutions in Burma;
(B) actions or policies that threaten the peace, security, or stability
of Burma;
(C) actions or policies that prohibit, limit, or penalize the exercise of
freedom of expression or assembly by people in Burma, or that limit access
to print, online, or broadcast media in Burma; or
(D) the arbitrary detention or torture of any person in Burma or other
serious human rights abuse in Burma;
(iii) to be or have been a leader or official of:
(A) the military or security forces of Burma, or any successor entity to
any of the foregoing;
(B) the Government of Burma on or after February 2, 2021;
(C) an entity that has, or whose members have, engaged in any activity
described in subsection (a)(ii) of this section relating to the leader's or
official's tenure; or
[[Page 9430]]
(D) an entity whose property and interests in property are blocked
pursuant to this order as a result of activities related to the leader's or
official's tenure;
(iv) to be a political subdivision, agency, or instrumentality of the
Government of Burma;
(v) to be a spouse or adult child of any person whose property and
interests in property are blocked pursuant to this order;
(vi) 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
(vii) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, directly or indirectly, the military or security
forces of Burma or 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 before the date of this
order.
Sec. 2. 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. 3. (a) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens determined
to meet one or more of the criteria in section 1(a) 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
or the Secretary of Homeland Security, as appropriate,
determines that the person's entry would not be
contrary to the interests of the United States,
including when the Secretary of State or the Secretary
of Homeland Security, as appropriate, so determines,
based on a recommendation of the Attorney General, that
the person's entry would further important United
States law enforcement objectives.
(b) The Secretary of State shall implement this
authority as it applies to visas pursuant to such
procedures as the Secretary of State, in consultation
with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall
implement this order as it applies to the entry of
noncitizens pursuant to such procedures as the
Secretary of Homeland Security, in consultation with
the Secretary of State, may establish.
(d) Such persons shall be treated by this section
in the same manner 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. 4. (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. 5. 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 section 1 of this
order would seriously impair my ability to deal with
the national emergency declared in this order,
[[Page 9431]]
and I hereby prohibit such donations as provided by
section 1 of this order.
Sec. 6. For the purposes of this order:
(a) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(b) the term ``Government of Burma'' means the
Government of Burma, any political subdivision, agency,
or instrumentality thereof, including the Central Bank
of Myanmar, and any person owned or controlled by, or
acting for or on behalf of, the Government of Burma;
(c) the term ``noncitizen'' means any person who is
not a citizen or noncitizen national of the United
States;
(d) the term ``person'' means an individual or
entity; and
(e) 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.
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.
Sec. 8. 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 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 shall take all appropriate measures
within their authority to carry out the provisions of
this order.
Sec. 9. Nothing in this order is intended to affect the
continued effectiveness of any action taken pursuant to
Executive Order 13742 of October 7, 2016 (Termination
of Emergency With Respect to the Actions and Policies
of the Government of Burma).
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
submit 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. 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 9432]]
(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,
February 10, 2021.
[FR Doc. 2021-03139
Filed 2-11-21; 11:15 am]
Billing code 3295-F1-P
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</html>Indexed from Federal Register on February 12, 2021.
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