Presidential DocumentExecutive Order 140782022-15743
Bolstering Efforts To Bring Hostages and Wrongfully Detained United States Nationals Home
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Published
July 21, 2022
Signed
July 19, 2022
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 87 Issue 139 (Thursday, July 21, 2022)</title>
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[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Presidential Documents]
[Pages 43389-43394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15743]
Presidential Documents
Federal Register / Vol. 87, No. 139 / Thursday, July 21, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 43389]]
Executive Order 14078 of July 19, 2022
Bolstering Efforts To Bring Hostages and
Wrongfully Detained United States Nationals Home
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Robert Levinson Hostage Recovery
and Hostage-taking Accountability Act (22 U.S.C. 1741
et seq.) (Levinson Act), 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 hostage-taking and the wrongful
detention of United States nationals are heinous acts
that undermine the rule of law. Terrorist
organizations, criminal groups, and other malicious
actors who take hostages for financial, political, or
other gain--as well as foreign states that engage in
the practice of wrongful detention, including for
political leverage or to seek concessions from the
United States--threaten the integrity of the
international political system and the safety of United
States nationals and other persons abroad. I therefore
determine that hostage-taking and the wrongful
detention of United States nationals abroad constitute
an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United
States. I hereby declare a national emergency to deal
with this threat.
The United States Government must redouble its efforts
at home and with partners abroad to deter these
practices and to secure the release of those held as
hostages or wrongfully detained. Processes established
under Executive Order 13698 of June 24, 2015 (Hostage
Recovery Activities) and Presidential Policy Directive
30 of June 24, 2015 (U.S. Nationals Taken Hostage
Abroad and Personnel Recovery Efforts) (PPD-30) have
facilitated close interagency coordination on efforts
to secure the safe release of United States nationals
taken hostage abroad, including engagement with the
families of hostages and support of diplomatic
engagement with partners abroad. This order reinforces
the roles, responsibilities, and commitments contained
in those directives and seeks to ensure that--as with
hostage recovery activities--interagency coordination,
family engagement, and diplomatic tools are enshrined
in United States Government efforts to secure the safe
release and return of United States nationals
wrongfully detained by foreign state actors. This order
also reinforces tools to deter and to impose tangible
consequences on those responsible for, or complicit in,
hostage-taking or the wrongful detention of a United
States national abroad.
Accordingly, I hereby order:
Section 1. Executive Order 13698 and PPD-30 shall
continue to apply to United States hostage recovery
activities. Nothing in this order shall alter the
responsibilities of the Hostage Recovery Fusion Cell
(HRFC), the Hostage Response Group (HRG), or the
Special Presidential Envoy for Hostage Affairs (SPEHA),
established by Executive Order 13698, with respect to
hostage recovery activities under Executive Order 13698
or PPD-30. Nor shall this order alter the scope of PPD-
30, which applies to both suspected and confirmed
hostage-takings in which a United States national is
abducted or held outside of the United States, as well
as to other hostage-takings occurring abroad in which
the United States has a national interest, but
[[Page 43390]]
does not apply if a foreign government confirms that it
has detained a United States national.
Sec. 2. (a) The HRG shall, in coordination with the
National Security Council's regional directorates as
appropriate, convene on a regular basis and as needed
at the request of the National Security Council to work
to secure the safe release of United States nationals
held hostage or wrongfully detained abroad.
(b) The HRG, in support of the Deputies Committee
of the National Security Council and consistent with
the process outlined in National Security Memorandum 2
of February 4, 2021 (Renewing the National Security
Council System), or any successor memorandum, shall:
(i) identify and recommend options and strategies to the President through
the Assistant to the President for National Security Affairs to secure the
recovery of hostages or the return of wrongfully detained United States
nationals;
(ii) coordinate the development and implementation of policies, strategies,
and procedures for the recovery of hostages or the return of wrongfully
detained United States nationals;
(iii) coordinate and deconflict policy guidance, strategies, and activities
that potentially affect the recovery or welfare of United States nationals
held hostage or the return or welfare of United States nationals wrongfully
detained abroad, including reviewing proposed recovery or return options;
(iv) receive regular updates from the HRFC, the Office of the SPEHA, and
other executive departments and agencies (agencies), as the HRG deems
appropriate, on the status of United States nationals being held hostage or
wrongfully detained abroad and measures being taken to effect safe
releases;
(v) receive regular updates from the Department of State on all new
wrongful detention determinations; and
(vi) where higher-level guidance is required, make recommendations to the
Deputies Committee of the National Security Council.
Sec. 3. (a) The SPEHA shall report to the Secretary of
State on a regular basis and as needed to advance
efforts to secure the safe release of United States
nationals wrongfully detained abroad.
(b) The SPEHA shall, as appropriate and consistent
with applicable law:
(i) coordinate diplomatic engagements and strategy regarding hostage and
wrongful detention cases, in coordination with the HRFC and relevant
agencies, as appropriate and consistent with policy guidance communicated
through the HRG;
(ii) share information, including information acquired during consular
interactions and engagements, regarding wrongful detention cases with
relevant agencies to facilitate close interagency coordination;
(iii) draw on the experience and expertise of the HRFC to support efforts
to return wrongfully detained United States nationals, including by
providing support and assistance to the families of those wrongfully
detained;
(iv) develop and regularly update, in coordination with relevant agencies,
strategies for wrongful detention cases for review by the HRG;
(v) ensure, in coordination with the Office of the Director of National
Intelligence, that relevant agencies have access to necessary information,
including intelligence information, on wrongful detention cases to inform
strategies and options; and
(vi) share, in coordination with the Office of the Director of National
Intelligence, relevant information, including intelligence information, on
developments in wrongful detention cases with the families of wrongfully
detained United States nationals, in a timely manner, as appropriate and
consistent with the protection of sources and methods.
[[Page 43391]]
(c) To ensure that the United States Government
provides a coordinated, effective, and supportive
response to wrongful detentions, the Secretary of State
shall identify adequate resources to enable the SPEHA
to:
(i) ensure that all interactions by executive branch officials with the
family of a wrongfully detained United States national occur in a
coordinated fashion and that the family receives consistent and accurate
information from the United States Government, as appropriate and
consistent with applicable law;
(ii) provide support and assistance to wrongfully detained United States
nationals and their families throughout their detention, including through
coordination with the HRFC, as appropriate and consistent with applicable
law; and
(iii) provide support and assistance to United States nationals upon their
return to the United States from wrongful detention, including through
coordination with the HRFC and the Department of Health and Human Services,
as appropriate and consistent with applicable law.
Sec. 4. The SPEHA, in coordination with the HRG, the
HRFC, and relevant agencies, as appropriate, shall
identify and recommend options and strategies to the
President through the Assistant to the President for
National Security Affairs to reduce the likelihood of
United States nationals being held hostage or
wrongfully detained abroad. The options shall seek to
counter and deter hostage-takings and wrongful
detentions by terrorist organizations, foreign
governments, and other actors by imposing costs on
those who participate in, support, or facilitate such
conduct. The strategies shall seek to deter any effort
to engage in hostage-taking or the wrongful detention
of United States nationals abroad through cooperation
with like-minded foreign governments and organizations.
Sec. 5. The Secretary of State shall publicly or
privately designate or identify officials of foreign
governments who are involved, directly or indirectly,
in wrongful detentions, as appropriate and consistent
with applicable law, including section 7031(c) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (Division K of Public
Law 117-103).
Sec. 6. (a) All property and interests in property of
the following persons 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, are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise
dealt in:
(i) any foreign person determined by the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney General:
(A) to be responsible for or complicit in, to have directly or indirectly
engaged in, or to be responsible for ordering, controlling, or otherwise
directing, the hostage-taking of a United States national or the wrongful
detention of a United States national abroad;
(B) to have attempted to engage in any activity described in subsection
(a)(i)(A) of this section; or
(C) to be or have been a leader or official of an entity that has engaged
in, or whose members have engaged in, any of the activities described in
subsections (a)(i)(A) or (a)(i)(B) of this section relating to the leader's
or official's tenure;
(ii) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney General:
(A) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of:
(1) any activity described in subsection (a)(i)(A) of this section; or
(2) any person whose property and interests in property are blocked
pursuant to this order;
[[Page 43392]]
(B) to be owned, controlled, or directed 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; or
(C) to have attempted to engage in any activity described in subsection
(a)(ii)(A) of this section.
(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.
Sec. 7. (a) The unrestricted immigrant and nonimmigrant
entry into the United States of noncitizens determined
to meet one or more of the criteria set forth in
section 6(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 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
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. 8. 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 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 6 of this order.
Sec. 9. (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. 10. 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 6 of
this order.
Sec. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is 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 agencies of the United States Government shall take
all appropriate measures within their authority to
carry out the provisions of this order.
[[Page 43393]]
Sec. 12. Nothing in this order shall prohibit
transactions for the conduct of the official business
of the United States Government by employees, grantees,
or contractors thereof.
Sec. 13. 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.
1642(c)) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).
Sec. 14. For purposes of this order:
(a) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(b) the term ``foreign person'' means any citizen
or national of a foreign state (including any such
individual who is also a citizen or national of the
United States, provided such individual does not reside
in the United States) or any entity not organized
solely under the laws of the United States or existing
solely in the United States;
(c) the term ``hostage-taking'' has the same
meaning as provided in PPD-30, which is the unlawful
abduction or holding of a person or persons against
their will in order to compel a third person or
governmental organization to do or to abstain from
doing any act as a condition for the release of the
person detained;
(d) the term ``noncitizen'' means any person who is
not a citizen or noncitizen national of the United
States;
(e) the term ``person'' means an individual or
entity;
(f) the term ``United States national'' means:
(i) a ``national of the United States'' as defined in 8 U.S.C. 1101(a)(22)
or 8 U.S.C. 1408; or
(ii) a lawful permanent resident with significant ties to the United
States;
(g) 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;
and
(h) the term ``wrongful detention'' means a
detention that the Secretary of State has determined to
be wrongful consistent with section 302(a) of the
Levinson Act.
Sec. 15. (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 43394]]
(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,
July 19, 2022.
[FR Doc. 2022-15743
Filed 7-20-22; 8:45 am]
Billing code 3395-F2-P
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</html>Indexed from Federal Register on July 21, 2022.
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