Blocking Property and Prohibiting Certain Transactions Related to Libya, 11315-11318 [2011-4753]
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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be transferred, paid, exported, withdrawn, or otherwise dealt in: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
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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.
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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.
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[FR Doc. 2011–4753
Filed 3–1–11; 8:45 am]
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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.
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[[Page 11318]]
[GRAPHIC] [TIFF OMITTED] TD02MR11.019
[FR Doc. 2011-4753
Filed 3-1-11; 8:45 am]
Billing code 4811-33-C