Blocking Property of Certain Persons Contributing to the Conflict in Somalia, 19869-19872 [2010-8878]

Agencies

• Executive Office of the President

[Federal Register Volume 75, Number 72 (Thursday, April 15, 2010)]
[Presidential Documents]
[Pages 19869-19872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8878]




                        Presidential Documents 



Federal Register / Vol. 75, No. 72 / Thursday, April 15, 2010 / 
Presidential Documents

[[Page 19869]]


                Executive Order 13536 of April 12, 2010

                
Blocking Property of Certain Persons Contributing 
                to the Conflict in Somalia

                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 5 of the United Nations Participation 
                Act, as amended (22 U.S.C. 287c) (UNPA), and section 
                301 of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, find that the deterioration of the security 
                situation and the persistence of violence in Somalia, 
                and acts of piracy and armed robbery at sea off the 
                coast of Somalia, which have repeatedly been the 
                subject of United Nations Security Council resolutions 
                (including Resolution 1844 of November 20, 2008; 
                Resolution 1846 of December 2, 2008; Resolution 1851 of 
                December 16, 2008; and Resolution 1897 of November 30, 
                2009), and violations of the arms embargo imposed by 
                the United Nations Security Council in Resolution 733 
                of January 23, 1992, and elaborated upon and amended by 
                subsequent resolutions (including Resolution 1356 of 
                June 19, 2001; Resolution 1725 of December 6, 2006; 
                Resolution 1744 of February 20, 2007; Resolution 1772 
                of August 20, 2007; Resolution 1816 of June 2, 2008; 
                and Resolution 1872 of May 26, 2009), constitute an 
                unusual and extraordinary threat to the national 
                security and foreign policy of the United States, and I 
                hereby declare a national emergency to deal with that 
                threat.

                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, including any overseas branch, 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; and

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

  (A) to have engaged in acts that directly or indirectly threaten the 
peace, security, or stability of Somalia, including but not limited to:

(1) acts that threaten the Djibouti Agreement of August 18, 2008, or the 
political process; or

(2) acts that threaten the Transitional Federal Institutions, the African 
Union Mission in Somalia (AMISOM), or other international peacekeeping 
operations related to Somalia;

  (B) to have obstructed the delivery of humanitarian assistance to 
Somalia, or access to, or distribution of, humanitarian assistance in 
Somalia;

  (C) to have directly or indirectly supplied, sold, or transferred to 
Somalia, or to have been the recipient in the territory of Somalia of, arms 
or any related materiel, or any technical advice, training, or assistance, 
including financing and financial assistance, related to military 
activities;

  (D) to have materially assisted, sponsored, or provided financial, 
material, logistical, or technical support for, or goods or services in 
support of, the activities described in subsections (a)(ii)(A), (a)(ii)(B), 
or (a)(ii)(C) of

[[Page 19870]]

this section or any person whose property and interests in property are 
blocked pursuant to this order; or (E) 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) I hereby determine that, among other threats to 
                the peace, security, or stability of Somalia, acts of 
                piracy or armed robbery at sea off the coast of Somalia 
                threaten the peace, security, or stability of Somalia.
                    (c) I hereby determine that, to the extent section 
                203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply, 
                the making of donations of the type of articles 
                specified in such section by, to, or for the benefit of 
                any person whose property and interests in property are 
                blocked pursuant to subsection (a) of this section 
                would seriously impair my ability to deal with the 
                national emergency declared in this order, and I hereby 
                prohibit such donations as provided by subsection (a) 
                of this section.
                    (d) The prohibitions in subsection (a) of this 
                section include but are not limited to:

(i) 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

(ii) the receipt of any contribution or provision of funds, goods, or 
services from any such person.

                    (e) 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 effective date 
                of this order.

                Sec. 2. (a) Any transaction by a United States person 
                or within the United States 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. 3. 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;
                    (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 ``Transitional Federal Institutions'' 
                means the Transitional Federal Charter of the Somali 
                Republic adopted in February 2004 and the Somali 
                federal institutions established pursuant to such 
                charter, and includes their agencies, 
                instrumentalities, and controlled entities; and
                    (e) the term ``African Union Mission in Somalia'' 
                means the mission authorized by the United Nations 
                Security Council in Resolution 1744 of February 20, 
                2007, and reauthorized in subsequent resolutions, and 
                includes its agencies, instrumentalities, and 
                controlled entities.

                Sec. 4. 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 1(a) 
                of this order.

[[Page 19871]]

                Sec. 5. 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.

                Sec. 6. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                submit the 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. 7. The Secretary of the Treasury, in consultation 
                with the Secretary of State, 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. 8. 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.

                Sec. 9. This order is effective at 12:01 a.m. eastern 
                daylight time on April 13, 2010.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 12, 2010.

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[[Page 19872]]

[GRAPHIC] [TIFF OMITTED] TD15AP10.010


[FR Doc. 2010-8878
Filed 4-14-10; 11:15 am]

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