Blocking Property and Prohibiting Certain Transactions Related to Libya, 11315-11318 [2011-4753]

Download as PDF 11315 Presidential Documents Federal Register Vol. 76, No. 41 Wednesday, March 2, 2011 Title 3— Executive Order 13566 of February 25, 2011 The President Blocking Property and Prohibiting Certain Transactions Related to 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.) (NEA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, find that Colonel Muammar Qadhafi, his government, and close associates have taken extreme measures against the people of Libya, including by using weapons of war, mercenaries, and wanton violence against unarmed civilians. I further find that there is a serious risk that Libyan state assets will be misappropriated by Qadhafi, members of his government, members of his family, or his close associates if those assets are not protected. The foregoing circumstances, the prolonged attacks, and the increased numbers of Libyans seeking refuge in other countries from the attacks, have caused a deterioration in the security of Libya and pose a serious risk to its stability, thereby constituting 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. 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person, including any overseas branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex to this order; and (b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be a senior official of the Government of Libya; (ii) to be a child of Colonel Muammar Qadhafi; (iii) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, the commission of human rights abuses related to political repression in Libya; WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 (iv) 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 subsection (b)(iii) of this section or any person whose property and interests in property are blocked pursuant to this order; (v) 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; or (vi) to be a spouse or dependent child of any person whose property and interests in property are blocked pursuant to this order. Sec. 2. 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 VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 11316 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Presidential Documents any overseas branch, of the Government of Libya, its agencies, instrumentalities, and controlled entities, and the Central Bank of Libya, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. Sec. 3. 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 of this order. Sec. 4. 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 sections 1 and 2 of 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 sections 1 and 2 of this order. Sec. 5. The prohibitions in sections 1 and 2 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. 6. The prohibitions in sections 1 and 2 of this order 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. 7. (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. 8. 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. 9. For the purposes of this order: (a) the term ‘‘person’’ means an individual or entity; WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 (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 or national, 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. 10. 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 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. VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Presidential Documents 11317 Sec. 11. 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. 12. 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. 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. Sec. 14. This order is effective at 8:00 p.m. eastern standard time on February 25, 2011. THE WHITE HOUSE, February 25, 2011. VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 OB#1.EPS</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 Billing code 3195–W9–P 11318 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Presidential Documents [FR Doc. 2011–4753 Filed 3–1–11; 8:45 am] VerDate Mar<15>2010 07:38 Mar 01, 2011 Jkt 223001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02MRE0.SGM 02MRE0 ED02MR11.019</GPH> WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1 Billing code 4811–33–C

Agencies

[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Presidential Documents]
[Pages 11315-11318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4753]




                        Presidential Documents 



Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 11315]]

                Executive Order 13566 of February 25, 2011

                
Blocking Property and Prohibiting Certain 
                Transactions Related to 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.) 
                (NEA), and section 301 of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, find that Colonel Muammar Qadhafi, his 
                government, and close associates have taken extreme 
                measures against the people of Libya, including by 
                using weapons of war, mercenaries, and wanton violence 
                against unarmed civilians. I further find that there is 
                a serious risk that Libyan state assets will be 
                misappropriated by Qadhafi, members of his government, 
                members of his family, or his close associates if those 
                assets are not protected. The foregoing circumstances, 
                the prolonged attacks, and the increased numbers of 
                Libyans seeking refuge in other countries from the 
                attacks, have caused a deterioration in the security of 
                Libya and pose a serious risk to its stability, thereby 
                constituting 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. 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:

                    (a) the persons listed in the Annex to this order; 
                and
                    (b) any person determined by the Secretary of the 
                Treasury, in consultation with the Secretary of State:

(i) to be a senior official of the Government of Libya;

(ii) to be a child of Colonel Muammar Qadhafi;

(iii) to be responsible for or complicit in, or responsible for ordering, 
controlling, or otherwise directing, or to have participated in, the 
commission of human rights abuses related to political repression in Libya;

(iv) 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 subsection (b)(iii) of this section 
or any person whose property and interests in property are blocked pursuant 
to this order;

(v) 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; or

(vi) to be a spouse or dependent child of any person whose property and 
interests in property are blocked pursuant to this order.

                Sec. 2. 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

[[Page 11316]]

                any overseas branch, of the Government of Libya, its 
                agencies, instrumentalities, and controlled entities, 
                and the Central Bank of Libya, are blocked and may not 
                be transferred, paid, exported, withdrawn, or otherwise 
                dealt in.

                Sec. 3. 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 of 
                this order.

                Sec. 4. 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 sections 1 and 2 of 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 sections 1 and 2 
                of this order.

                Sec. 5. The prohibitions in sections 1 and 2 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. 6. The prohibitions in sections 1 and 2 of this 
                order 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. 7. (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. 8. 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. 9. 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
                    (c) the term ``United States person'' means any 
                United States citizen or national, 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. 10. 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 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 11317]]

                Sec. 11. 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. 12. 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. 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.

                Sec. 14. This order is effective at 8:00 p.m. eastern 
                standard time on February 25, 2011.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 25, 2011.

Billing code 3195-W9-P



[[Page 11318]]

[GRAPHIC] [TIFF OMITTED] TD02MR11.019


[FR Doc. 2011-4753
Filed 3-1-11; 8:45 am]

Billing code 4811-33-C
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