Presidential DocumentExecutive Order 140382021-17253
Blocking Property of Additional Persons Contributing to the Situation in Belarus
Primary source
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Published
August 11, 2021
Signed
August 9, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Presidential Documents]
[Pages 43905-43908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17253]
Presidential Documents
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 /
Presidential Documents
[[Page 43905]]
Executive Order 14038 of August 9, 2021
Blocking Property of Additional Persons
Contributing to the Situation in Belarus
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, hereby expand the scope of the national
emergency declared in Executive Order 13405 of June 16,
2006 (Blocking Property of Certain Persons Undermining
Democratic Processes or Institutions in Belarus),
finding that the Belarusian regime's harmful activities
and long-standing abuses aimed at suppressing democracy
and the exercise of human rights and fundamental
freedoms in Belarus--including illicit and oppressive
activities stemming from the August 9, 2020, fraudulent
Belarusian presidential election and its aftermath,
such as the elimination of political opposition and
civil society organizations and the regime's disruption
and endangering of international civil air travel--
constitute an unusual and extraordinary threat to the
national security and foreign policy of the United
States.
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 person determined by the
Secretary of the Treasury, in consultation with the
Secretary of State:
(i) to be or have been a leader, official, senior executive officer, or
member of the board of directors of:
(A) an entity that has, or whose members have, engaged in any of the
activities described in subsections (v)(A)-(E) of this section or section
1(a)(ii)(A)-(C) of Executive Order 13405; or
(B) an entity whose property and interests in property are blocked
pursuant to this order or Executive Order 13405;
(ii) to be a political subdivision, agency, or instrumentality of the
Government of Belarus;
(iii) to be or have been a leader or official of the Government of Belarus;
(iv) to operate or have operated in the defense and related materiel
sector, security sector, energy sector, potassium chloride (potash) sector,
tobacco products sector, construction sector, or transportation sector of
the economy of Belarus, or any other sector of the Belarus economy as may
be determined by the Secretary of the Treasury, in consultation with the
Secretary of State;
(v) 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 threaten the peace, security, stability, or
territorial integrity of Belarus;
[[Page 43906]]
(B) actions or policies that prohibit, limit, or penalize the exercise of
human rights and fundamental freedoms (including freedoms of expression,
peaceful assembly, association, religion or belief, and movement) by
individuals in Belarus, or that limit access to the internet or print,
online, or broadcast media in Belarus;
(C) electoral fraud or other actions or policies that undermined the
electoral process in a Republic of Belarus election;
(D) deceptive or structured transactions or dealings to circumvent any
United States sanctions by or for or on behalf of, or for the benefit of,
directly or indirectly, the Government of Belarus or any person whose
property and interests in property are blocked pursuant to this order or
Executive Order 13405; or
(E) public corruption related to Belarus.
(vi) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, any activity described in subsections (v)(A)-(E) of this
section or 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 Government of Belarus 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. 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(a) of this
order would seriously impair my ability to deal with
the national emergency declared in Executive Order
13405 and expanded in this order, and I hereby prohibit
such donations as provided by section 1 of this order.
Sec. 4. (a) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens determined
to meet one or more of the criteria in section l 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 when 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
order 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.
[[Page 43907]]
(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. 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 ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(b) The term ``Government of Belarus'' means the
Government of Belarus, any political subdivision,
agency, or instrumentality thereof, including the
National Bank of the Republic of Belarus, and any
person owned, controlled, or directed by, or acting for
or on behalf of, the Government of Belarus;
(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, lawful permanent resident,
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 Executive Order 13405 and expanded in this order,
there need be no prior notice of a listing or
determination made pursuant to 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 executive departments and agencies
of the United States shall take all appropriate
measures within their authority to implement this
order.
Sec. 9. Nothing in this order shall prohibit
transactions for the conduct of the official business
of the Federal Government by employees, grantees, or
contractors thereof.
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.
[[Page 43908]]
(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,
August 9, 2021.
[FR Doc. 2021-17253
Filed 8-10-21; 8:45 am]
Billing code 3295-F1-P
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</html>Indexed from Federal Register on August 11, 2021.
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