Presidential DocumentExecutive Order 142032025-02612
Imposing Sanctions on the International Criminal Court
Primary source
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Published
February 12, 2025
Signed
February 6, 2025
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 90 Issue 28 (Wednesday, February 12, 2025)</title>
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[Federal Register Volume 90, Number 28 (Wednesday, February 12, 2025)]
[Presidential Documents]
[Pages 9369-9373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02612]
Presidential Documents
Federal Register / Vol. 90, No. 28 / Wednesday, February 12, 2025 /
Presidential Documents
[[Page 9369]]
Executive Order 14203 of February 6, 2025
Imposing Sanctions on the International Criminal
Court
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, DONALD J. TRUMP, President of the United States of
America, find that the International Criminal Court
(ICC), as established by the Rome Statute, has engaged
in illegitimate and baseless actions targeting America
and our close ally Israel. The ICC has, without a
legitimate basis, asserted jurisdiction over and opened
preliminary investigations concerning personnel of the
United States and certain of its allies, including
Israel, and has further abused its power by issuing
baseless arrest warrants targeting Israeli Prime
Minister Benjamin Netanyahu and Former Minister of
Defense Yoav Gallant. The ICC has no jurisdiction over
the United States or Israel, as neither country is
party to the Rome Statute or a member of the ICC.
Neither country has ever recognized the ICC's
jurisdiction, and both nations are thriving democracies
with militaries that strictly adhere to the laws of
war. The ICC's recent actions against Israel and the
United States set a dangerous precedent, directly
endangering current and former United States personnel,
including active service members of the Armed Forces,
by exposing them to harassment, abuse, and possible
arrest. This malign conduct in turn threatens to
infringe upon the sovereignty of the United States and
undermines the critical national security and foreign
policy work of the United States Government and our
allies, including Israel. Furthermore, in 2002, the
Congress enacted the American Servicemembers'
Protection Act of 2002 (22 U.S.C. 7421 et seq.) to
protect United States military personnel, United States
officials, and officials and military personnel of
certain allied countries against criminal prosecution
by an international criminal court to which the United
States is not party, stating, ``In addition to exposing
members of the Armed Forces of the United States to the
risk of international criminal prosecution, the Rome
Statute creates a risk that the President and other
senior elected and appointed officials of the United
States Government may be prosecuted by the
International Criminal Court.'' (22 U.S.C. 7421(9)).
The United States unequivocally opposes and expects our
allies to oppose any ICC actions against the United
States, Israel, or any other ally of the United States
that has not consented to ICC jurisdiction. The United
States remains committed to accountability and to the
peaceful cultivation of international order, but the
ICC and parties to the Rome Statute must respect the
decisions of the United States and other countries not
to subject their personnel to the ICC's jurisdiction,
consistent with their respective sovereign
prerogatives.
The United States will impose tangible and significant
consequences on those responsible for the ICC's
transgressions, some of which may include the blocking
of property and assets, as well as the suspension of
entry into the United States of ICC officials,
employees, and agents, as well as their immediate
family members, as their entry into our Nation would be
detrimental to the interests of the United States.
[[Page 9370]]
I therefore determine that any effort by the ICC to
investigate, arrest, detain, or prosecute protected
persons, as defined in section 8(d) of this order,
constitutes an unusual and extraordinary threat to the
national security and foreign policy of the United
States, and I hereby declare a national emergency to
address that threat. I hereby determine and 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) the person listed in the Annex to this order; and
(ii) any foreign person determined by the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney General:
(A) to have directly engaged in any effort by the ICC to investigate,
arrest, detain, or prosecute a protected person without consent of that
person's country of nationality;
(B) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, any activity in subsection (a)(ii)(A) of this section or any
person whose property or interests in property are blocked pursuant to this
order; or
(C) 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 or
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. 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 address the
national emergency declared in this order, and I hereby
prohibit such donations as provided by section 1 of
this order.
Sec. 3. The prohibitions in section 1(a) 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 section 1 of this order; and
(b) the receipt of any contribution or provision of
funds, goods, or services from any such person.
Sec. 4. The unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to
meet one or more of the criteria in section 1 of this
order, as well as immediate family members of such
aliens, or aliens determined by the Secretary of State
to be employed by, or acting as an agent of, the ICC,
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
determines that the entry of the person into the United
States would not be contrary to the interests of the
United States, including when the Secretary of State so
determines, based on a recommendation of the Attorney
General, that the person's entry would further
important United States law enforcement objectives. In
exercising this responsibility, the Secretary of State
shall consult with the Secretary of Homeland Security
on matters related to admissibility or inadmissibility
within the authority of the Secretary of Homeland
Security. Such persons shall be treated 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). The Secretary
of State shall have the
[[Page 9371]]
responsibility for implementing this section pursuant
to such conditions and procedures as the Secretary of
State has established or may establish pursuant to
Proclamation 8693.
Sec. 5. Within 60 days of the date of this order, the
Secretary of the Treasury, in consultation with the
Secretary of State, shall submit to the President a
report on additional persons that should be included
within the scope of section 1 of this order.
Sec. 6. (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. 7. 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. 8. For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a government or
instrumentality of such government, 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 a
foreign branch, subsidiary, or employee of such
entity), or any person lawfully in the United States;
(d) the term ``protected person'' means:
(i) any United States person, unless the United States provides formal
consent to ICC jurisdiction over that person or becomes a state party to
the Rome Statute, including:
(A) current or former members of the Armed Forces of the United States;
(B) current or former elected or appointed officials of the United States
Government; and
(C) any other person currently or formerly employed by or working on
behalf of the United States Government; and
(ii) any foreign person that is a citizen or lawful resident of an ally of
the United States that has not consented to ICC jurisdiction over that
person or is not a state party to the Rome Statute, including:
(A) current or former members of the armed forces of such ally of the
United States;
(B) current or former elected or appointed government officials of such
ally of the United States; and
(C) any other person currently or formerly employed by or working on
behalf of such a government;
(e) the term ``ally of the United States'' means:
(i) a government of a member country of the North Atlantic Treaty
Organization; or
(ii) a government of a ``major non-NATO ally,'' as that term is defined by
section 2013(7) of the American Servicemembers' Protection Act of 2002 (22
U.S.C. 7432(7));
(f) the term ``immediate family member'' means a
spouse or child;
(g) the term ``alien'' has the meanings given to
the term in section 101(a)(3) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1101(a)(3)); and
(h) the term ``foreign person'' means a person that
is not a United States person.
[[Page 9372]]
Sec. 9. 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
section 1 of 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. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including adopting rules and
regulations, and to employ all powers granted to the
President by IEEPA as may be necessary to implement
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. 11. 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. 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.
(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 6, 2025.
Billing code 3395-F4-P
[[Page 9373]]
[GRAPHIC] [TIFF OMITTED] TD12FE25.002
[FR Doc. 2025-02612
Filed 2-11-25; 8:45 am]
Billing code 4811-33-C
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</html>Indexed from Federal Register on February 12, 2025.
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