Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption

https://www.federalregister.gov ^ | Executive Office of the President 12/26/2017

[ATOMIC_PUNK]

Executive Order 13818 of December 20, 2017 Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption 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), the Global Magnitsky Human Rights Accountability Act (Public Law 114-328) (the “Act”), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)) (INA), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that the prevalence and severity of human rights abuse and corruption that have their source, in whole or in substantial part, outside the United States, such as those committed or directed by persons listed in the Annex to this order, have reached such scope and gravity that they threaten the stability of international political and economic systems. Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets. The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons.

I therefore determine that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and I hereby declare a national emergency to deal with 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or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: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 persons listed in the Annex to this order;

(ii) any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General:

(A) to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse;

(B) to be a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in:

(1) corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or

(2) the transfer or the facilitation of the transfer of the proceeds of corruption;

(C) to be or have been a leader or official of:Start Printed Page 60840

(1) an entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section relating to the leader's or official's tenure; or

(2) 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; or

(D) to have attempted to engage in any of the activities described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section; and

(iii) any 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 subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section that is conducted by a foreign person;

(2) any person whose property and interests in property are blocked pursuant to this order; or

(3) any entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section, where the activity is conducted by a foreign person;

(B) 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; or

(C) to have attempted to engage in any of the activities described in subsections (iii)(A) or (B) 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 before the effective date of this order.

Sec. 2. 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 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. 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).

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 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 1 of this order.

Sec. 4. The prohibitions in section 1 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. 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:Start Printed Page 60841

(a) the term “person” means an individual or entity;

(b) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and

(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 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 this order.

Sec. 8. 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 me by IEEPA and the Act as may be necessary to implement this order and section 1263(a) of the Act with respect to the determinations provided for therein. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions to other officers and agencies of the United States. All agencies shall take all appropriate measures within their authority to implement this order.

Sec. 9. The Secretary of State is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA, the INA, and the Act as may be necessary to carry out section 2 of this order and, in consultation with the Secretary of the Treasury, the reporting requirement in section 1264(a) of the Act with respect to the reports provided for in section 1264(b)(2) of that Act. The Secretary of State may, consistent with applicable law, redelegate any of these functions to other officers and agencies of the United States consistent with applicable law.

Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, is hereby authorized to determine that circumstances no longer warrant the blocking of the property and interests in property of a person listed in the Annex to this order, and to take necessary action to give effect to that determination.

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. This order is effective at 12:01 a.m., Eastern Standard Time, December 21, 2017.

Start Printed Page 60842 Sec. 13. 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.

[ATOMIC_PUNK]

Go to Link to see list of Annex Names !

[ptsal]

Very good post. Thanks.

[upchuck]

SNOWY!!!

Some folks in the mideast are going to have a bad day over this. Too bad, so sad.

[puppypusher]

How does this affect corrupt U.S. Government officials like the heads of the FBI and the Dept. of Justice.

They have done conciderable harm to this nations image of judicial equality and it will be damned hard to get it back.

[Jumper]

Sen. Diane Feinstein has a lot to lose with this charade in the Senate over the SCOTUS confirmation!!!

[Liz]

Conservative Treehouse ^ | Dec 25, 2017 | Sundance / Posted by Bobalu
Trump's E/O targeting fraud and international corruption, is a who’s-who list of closely-associated
bigtime Clinton Foundation (CGI) donors. more at theconservativetreehouse.com ...

ONE EXAMPLE: Trump's E/O has Secy Hillary shaking hands with Bol Mel, principal
advisor to the president of South Sudan, one of the most corrupt countries in the world.

THE E/O recounts that Hillary Clinton spent years vowing to defend the rights of children worldwide — in 2012, she railed against “modern-day slavery” in the introduction to a State Department report on human trafficking that took aim at the “unlawful recruitment or use of children” by armed forces. Yet she does not appear to have publicly explained her role in allowing South Sudan and other countries to receive military support despite using children as combatants. In fact, the State Department played a central role in issuing the controversial waivers, according to two sources, including a former State Department official. With strong U.S. support, South Sudan became an independent country while Hillary Clinton was secretary of state — and soon spiraled into a disastrous civil war that involved large numbers of child soldiers. (LINK at web site)

Yahya Jammeh is named; he was the Gambian dictator who was friends with the administration of President Obama and Hillary Clinton. Jammeh was essentially installed as dictator in Gambia and human rights abuses were overlooked as Jammeh contributed to the Clinton Foundation. (LINK)

Jammeh, owns a $3.5 million mansion in Potomac, Maryland, was warmly greeted by President Barack Obama at the 2014 and 2015 U.S.-Africa Leaders’ Summits in Washington. Jammeh’s Moroccan-born wife, Zineb Jammeh, ran up huge totals at the Washington area’s fashionable shopping malls. She also settled on Sam’s Club, a wholesale discount store, to buy massive amounts of household goods. (LINK)

[Liz]

REFERENCE---An Associated Press report found that more than half of State Dept Secy Hillary Clinton’s
meetings or phone calls with foreign governments were conducted with donors to the Clinton Foundation.

Clinton’s ties with Lebanese-Nigerian donor Gilbert Chagoury deserved heightened scrutiny.

“The fact that a major Clinton Foundation donor was denied entry into the U.S. over ties to the terrorist group Hezbollah is deeply troubling, especially when this individual had access to top aides at Hillary Clinton's State Department.”

"Several of the documents showed that the Department of State considered buying land for a U.S. Embassy in Nigeria from Chagoury after Clinton’s tenure ended. Clinton’s ties to Chagoury, who donated more than $1 million to the Clinton Foundation, raised several red flags after it came to light that Chagoury had been denied entry into the U.S. last year because of a suspected affiliation with Hezbollah through Lebanese politics."

BACKSTORY On March 20, 2013, William P. Franklin, an “intl realty specialist” at the State Department under then Secy Hillary emailed an American diplomat stationed in Africa, instructing her to “put on (official) Post letterhead” an “expression of interest” in purchasing property at Eko Atlantic, a massive real estate development off the coast of Lagos...... Franklin instructed that the signed letter was to be “delivered to Ronald Chagoury.”

MONTAGE---hat tip NY post

[vikingd00d]

Unfortunately, when the Left regains power, they’ll use this to confiscate property from republicans for “serious human rights abuses” like using the “wrong” pronoun.

[Basket_of_Deplorables]

Noose tightening on the Clinton Foundation?

[Basket_of_Deplorables]

(B) to be a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in:

(1) corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or

(2) the transfer or the facilitation of the transfer of the proceeds of corruption;

[jjotto]

Really think Secretary of Treasury, Hollywood mogul, Clinton donor and Soros employee Steve Mnuchin is going after the Clintons?

[DesertRhino]

Whoa!!! We are in a “national emergency”! It said so right there in the document! I don’t understand, I never heard the air raid sirens. Shouldn’t they have broken into TV shows with the emergency broadcast network to let me know America is in a state of national emergency?
Should I carry my AR everywhere I go today?

I wonder how many man hours attorneys and staff spend writing that snoozefest that leaves you no wiser at the end than at the beginning as to what the actual goal was?

The government is laughable.

[DesertRhino]

Oh wait, my bad. There are 28 separate national emergencies going on right now. So apparently this is just how DC avoids having to use the Constitution and legislation to do things.

Probably the only one that isn’t an “emergency” is 20 million Mexicans flooding in. Unless of course it was declared to assist the invaders.

[Boogieman]

Note that those sections only apply to foreign persons.