Blocking Property of Transnational Criminal Organizations, 44757-44759 [2011-19156]

Agencies

• Executive Office of the President

[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Presidential Documents]
[Pages 44757-44759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19156]





                        Presidential Documents 



Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / 
Presidential Documents

[[Page 44757]]


                Executive Order 13581 of July 24, 2011

                
Blocking Property of Transnational Criminal 
                Organizations

                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 the activities of significant 
                transnational criminal organizations, such as those 
                listed in the Annex to this order, have reached such 
                scope and gravity that they threaten the stability of 
                international political and economic systems. Such 
                organizations are becoming increasingly sophisticated 
                and dangerous to the United States; they are 
                increasingly entrenched in the operations of foreign 
                governments and the international financial system, 
                thereby weakening democratic institutions, degrading 
                the rule of law, and undermining economic markets. 
                These organizations facilitate and aggravate violent 
                civil conflicts and increasingly facilitate the 
                activities of other dangerous persons. I therefore 
                determine that significant transnational criminal 
                organizations constitute an unusual and extraordinary 
                threat to the national security, foreign policy, and 
                economy of the United States, and hereby declare a 
                national emergency to deal with that threat.

                Accordingly, 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 Attorney General and the Secretary of State:

  (A) to be a foreign person that constitutes a significant transnational 
criminal organization;

  (B) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of, any person whose property and interests in property are blocked 
pursuant to this order; or

  (C) 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 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 subsection (a) of this 
                section.
                    (c) The prohibitions in subsection (a) of this 
                section include, but are not limited to:

[[Page 44758]]

(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.

                    (d) 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 ``foreign person'' means any citizen 
                or national of a foreign state, or any entity organized 
                under the laws of a foreign state or existing in a 
                foreign state, including any such individual or entity 
                who is also a United States person; and
                    (e) the term ``significant transnational criminal 
                organization'' means a group of persons, such as those 
                listed in the Annex to this order, that includes one or 
                more foreign persons; that engages in an ongoing 
                pattern of serious criminal activity involving the 
                jurisdictions of at least two foreign states; and that 
                threatens the national security, foreign policy, or 
                economy of the United States.

                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 these 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.

                Sec. 5. The Secretary of the Treasury, in consultation 
                with the Attorney General and 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.

                Sec. 6. The Secretary of the Treasury, in consultation 
                with the Attorney General and 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 Attorney General and the Secretary of State, 
                is hereby authorized to determine that

[[Page 44759]]

                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 July 25, 2011.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    July 24, 2011.

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[FR Doc. 2011-19156
Filed 7-26-11; 8:45 am]

Billing code 4811-33-C