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The President's Executive Order Blocking Property and Suspending Entry Into the United States of Persons Contributing to the Situation in Libya

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  • News: The President's Executive Order Blocking Property and Suspending Entry Into the United States of Persons Contributing to the Situation in Libya

    [Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
    [Presidential Documents]
    [Pages 23559-23562]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2016-09483]
    
    
    
    
                            Presidential Documents 
    
    
    
    Federal Register / Vol. 81 , No. 77 / Thursday, April 21, 2016 / 
    Presidential Documents
    
    [[Page 23559]]
    
    
                    Executive Order 13726 of April 19, 2016
    
                    
    Blocking Property and Suspending Entry Into the 
                    United States of Persons Contributing to the Situation 
                    in Libya
    
                    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 5 of the United Nations Participation Act of 
                    1945, as amended (22 U.S.C. 287c) (UNPA), 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, BARACK OBAMA, President of the United States of 
                    America, hereby expand the scope of the national 
                    emergency declared in Executive Order 13566 of February 
                    25, 2011, finding that the ongoing violence in Libya, 
                    including attacks by armed groups against Libyan state 
                    facilities, foreign missions in Libya, and critical 
                    infrastructure, as well as human rights abuses, 
                    violations of the arms embargo imposed by United 
                    Nations Security Council Resolution 1970 (2011), and 
                    misappropriation of Libya's natural resources threaten 
                    the peace, security, stability, sovereignty, democratic 
                    transition, and territorial integrity of Libya, and 
                    thereby constitute an unusual and extraordinary threat 
                    to the national security and foreign policy of the 
                    United States. To address this threat, and in view of 
                    United Nations Security Council Resolutions 2174 of 
                    August 27, 2014, and 2213 of March 27, 2015, 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 responsible for or complicit in, or to have engaged in, directly 
    or indirectly, any of the following:
    
      (A) actions or policies that threaten the peace, security, or stability 
    of Libya, including through the supply of arms or related materiel;
    
      (B) actions or policies that obstruct, undermine, delay, or impede, or 
    pose a significant risk of obstructing, undermining, delaying, or impeding, 
    the adoption of or political transition to a Government of National Accord 
    or a successor government;
    
      (C) actions that may lead to or result in the misappropriation of state 
    assets of Libya; or
    
      (D) threatening or coercing Libyan state financial institutions or the 
    Libyan National Oil Company;
    
    (ii) to be planning, directing, or committing, or to have planned, 
    directed, or committed, attacks against any Libyan state facility or 
    installation (including oil facilities), against any air, land, or sea port 
    in Libya, or against any foreign mission in Libya;
    
    (iii) to be involved in, or to have been involved in, the targeting of 
    civilians through the commission of acts of violence, abduction, forced 
    displacement, or attacks on schools, hospitals, religious sites, or 
    locations
    
    [[Page 23560]]
    
    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;
    
    (iv) to be involved in, or to have been involved in, the illicit 
    exploitation of crude oil or any other natural resources in Libya, 
    including the illicit production, refining, brokering, sale, purchase, or 
    export of Libyan oil;
    
    (v) to be a leader of an entity that has, or whose members have, engaged in 
    any activity described in subsections (a)(i), (a)(ii), (a)(iii), or (a)(iv) 
    of this section;
    
    (vi) to have materially assisted, sponsored, or provided financial, 
    material, logistical, or technological support for, or goods or services in 
    support of (A) any of the activities described in subsections (a)(i), 
    (a)(ii), (a)(iii), or (a)(iv) of this section or (B) 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, 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 prior to the date of this 
                    order. The prohibitions in subsection (a) of this 
                    section are in addition to export control authorities 
                    implemented by the Department of Commerce.
    
                    Sec. 2. I hereby find that the unrestricted immigrant 
                    and nonimmigrant entry into the United States of aliens 
                    determined to meet one or more of the criteria in 
                    section 1(a) of this order would be detrimental to the 
                    interests of the United States, and I hereby suspend 
                    entry into the United States, as immigrants or 
                    nonimmigrants, of such persons. 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). Further, United Nations Security Council 
                    Resolution 2174 shall be treated as a Resolution listed 
                    in Annex A of Proclamation 8693.
    
                    Sec. 3. I hereby determine that the making of donations 
                    of the type 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 
                    13566 and expanded in this order, and I hereby prohibit 
                    such donations as provided by section 1 of this order.
    
                    Sec. 4. The prohibitions in section 1 of this order 
                    include but are not limited to:
    
                        (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:
    
                        (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
    
    [[Page 23561]]
    
                        (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.
                        (d) the term ``Government of National Accord or a 
                    successor government'' means:
    
    (i) a Government of National Accord formed pursuant to the terms of the 
    Libyan Political Agreement signed in Skhirat, Morocco, on December 17, 
    2015, or any amendments thereto;
    
    (ii) a governmental authority formed under the Libyan Constitution pursuant 
    to the terms of the Libyan Political Agreement signed in Skhirat, Morocco, 
    on December 17, 2015, or any amendments thereto;
    
    (iii) any subdivision, agency, or instrumentality of the foregoing, and any 
    partnership, association, corporation, or other organization owned or 
    controlled, directly or indirectly, by, or acting for or on behalf of, the 
    foregoing; or
    
    (iv) any other person determined by the Secretary of the Treasury to be 
    included within paragraphs (a) through (c) of this section.
    
                    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 13566 and expanded in this order, 
                    there need be no prior notice of a listing or 
                    determination made pursuant to section 1 of 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 and the UNPA, as may be 
                    necessary to carry out the purposes of this order. The 
                    Secretary of the Treasury may redelegate any of these 
                    functions to other officers and agencies of the United 
                    States Government consistent with applicable law. All 
                    agencies of the United States Government are hereby 
                    directed to take all appropriate measures within their 
                    authority to carry out the provisions of this order.
    
    [[Page 23562]]
    
                    Sec. 9. 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.
                    
                    
                        (Presidential Sig.)
    
                    THE WHITE HOUSE,
    
                        April 19, 2016.
    
    [FR Doc. 2016-09483
    Filed 4-20-16; 11:15 am]
    Billing code 3295-F6-P
    
    
    
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