Presidential DocumentExecutive Order 140982023-09826
Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition
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Published
May 5, 2023
Signed
May 4, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Presidential Documents]
[Pages 29529-29533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09826]
[[Page 29527]]
Vol. 88
Friday,
No. 87
May 5, 2023
Part V
The President
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Executive Order 14098--Imposing Sanctions on Certain Persons
Destabilizing Sudan and Undermining the Goal of a Democratic Transition
Presidential Documents
Federal Register / Vol. 88 , No. 87 / Friday, May 5, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 29529]]
Executive Order 14098 of May 4, 2023
Imposing Sanctions on Certain Persons
Destabilizing Sudan and Undermining the Goal of a
Democratic Transition
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.),
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 13067 of November
3, 1997 (Blocking Sudanese Government Property and
Prohibiting Transactions With Sudan), and expanded by
Executive Order 13400 of April 26, 2006 (Blocking
Property of Persons in Connection With the Conflict in
Sudan's Darfur Region), finding that the situation in
Sudan, including the military's seizure of power in
October 2021 and the outbreak of inter-service fighting
in April 2023, constitutes an unusual and extraordinary
threat to the national security and foreign policy of
the United States.
It is the policy of the United States to support a
transition to democracy and civilian transitional
government in Sudan, to defend such a transitional
government from those who would prevent its initial
formation through violence and other methods, and, once
formed, to protect it from those who would undermine
it. The United States, in cooperation with like-minded
partners, will help such a transitional government,
when formed, meet the needs of the Sudanese people and
prepare for democratic elections.
Accordingly, to address the threat described in this
order and to take further steps with respect to this
national emergency, 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:
(i) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, 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, or stability
of Sudan;
(B) actions or policies that obstruct, undermine, delay, or impede, or
pose a significant risk of obstructing, undermining, delaying, or impeding,
the formation or operation of a civilian transitional government, Sudan's
transition to democracy, or a future democratically elected government;
(C) actions or policies that have the purpose or effect of undermining
democratic processes or institutions in Sudan;
(D) censorship or other actions or policies that prohibit, limit, or
penalize the exercise of freedoms of expression, association, or peaceful
assembly by individuals in Sudan, or that limit access to free and
independent news or information in or with respect to Sudan;
[[Page 29530]]
(E) corruption, including bribery, misappropriation of state assets, and
interference with public processes such as government oversight of
parastatal budgets and revenues for personal benefit;
(F) serious human rights abuse, including serious human rights abuse
related to political repression, in or with respect to Sudan;
(G) the targeting of women, children, or any other civilians through the
commission of acts of violence (including killing, maiming, torture, or
rape or other sexual violence), abduction, forced displacement, or attacks
on schools, hospitals, religious sites, or locations where civilians are
seeking refuge, or through conduct that would constitute a serious abuse or
violation of human rights or a violation of international humanitarian law;
(H) the obstruction of the activities of United Nations missions--
including peacekeeping missions, as well as diplomatic or humanitarian
missions--in Sudan, or of the delivery of, distribution of, or access to
humanitarian assistance; or
(I) attacks against United Nations missions, including peacekeeping
operations;
(ii) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, to be or have been a leader,
official, senior executive officer, or member of the board of directors of
any entity:
(A) that has, or whose members have, engaged in any activity described in
subsection (a)(i) of this section relating to the tenure of such leader,
official, senior executive officer, or member of the board of directors; or
(B) whose property and interests in property are blocked pursuant to this
order relating to the tenure of such leader, official, senior executive
officer, or member of the board of directors;
(iii) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, to be a spouse or adult child of
any person whose property and interests in property are blocked pursuant to
this order;
(iv) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, 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
subsection (a)(i) of this section or any person whose property and
interests in property are blocked pursuant to this order; or
(v) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, 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 before the date of this
order.
Sec. 2. Following the issuance of a determination by
the Secretary of State, in consultation with the
Secretary of the Treasury and the Administrator of the
United States Agency for International Development,
that a civilian transitional government has been formed
in Sudan, the Assistant to the President for National
Security Affairs shall coordinate, through the
interagency process identified in National Security
Memorandum 2 of February 4, 2021 (Renewing the National
Security Council System), or any successor memorandum,
the executive branch actions necessary to implement the
policy set forth in this order, including coordinating
executive departments
[[Page 29531]]
and agencies (agencies) to mobilize international
assistance to support such a civilian transitional
government in implementing political, economic,
security, and human rights-related reforms essential
for completing a democratic transition.
Sec. 3. 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. 4. 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 Executive Order
13067, and expanded by Executive Order 13400 and this
order, and I hereby prohibit such donations as provided
by section 1 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. (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 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 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).
[[Page 29532]]
Sec. 7. 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 ``noncitizen'' means any person who is
not a citizen or noncitizen national of the United
States;
(c) the term ``person'' means an individual or
entity; and
(d) 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. 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 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 13067, and expanded by Executive
Order 13400 and this order, there need be no prior
notice of a listing or determination made pursuant to
section 1 of this order.
Sec. 9. 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 agencies of the United States
shall take all appropriate measures within their
authority to implement this order.
Sec. 10. Nothing in this order shall prohibit
transactions for the conduct of the official business
of the Federal Government or the United Nations
(including its specialized agencies, programs, funds,
and related organizations) by employees, grantees, or
contractors thereof.
Sec. 11. Nothing in this order is intended to affect
the continued effectiveness of any action taken
pursuant to Executive Order 13761 of January 13, 2017
(Recognizing Positive Actions by the Government of
Sudan and Providing for the Revocation of Certain
Sudan-Related Sanctions), and Executive Order 13804 of
July 11, 2017 (Allowing Additional Time for Recognizing
Positive Actions by the Government of Sudan and
Amending Executive Order 13761).
Sec. 12. (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 29533]]
(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,
May 4, 2023.
[FR Doc. 2023-09826
Filed 5-4-23; 11:15 am]
Billing code 3395-F3-P
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</html>Indexed from Federal Register on May 5, 2023.
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