Taking Additional Steps to Address the National Emergency With Respect to Somalia, 43481-43485 [2012-18237]

Agencies

• Executive Office of the President

[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Presidential Documents]
[Pages 43481-43485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18237]



[[Page 43481]]

Vol. 77

Tuesday,

No. 142

July 24, 2012

Part IV





The President





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Executive Order 13620--Taking Additional Steps to Address the National 
Emergency With Respect to Somalia


                        Presidential Documents 



Federal Register / Vol. 77 , No. 142 / Tuesday, July 24, 2012 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 43483]]

                Executive Order 13620 of July 20, 2012

                
Taking Additional Steps to Address the National 
                Emergency With Respect to 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 (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, in order to take additional steps to deal with 
                the national emergency with respect to the situation in 
                Somalia declared in Executive Order 13536 of April 12, 
                2010, in view of United Nations Security Council 
                Resolution 2036 of February 22, 2012, and Resolution 
                2002 of July 29, 2011, and to address: exports of 
                charcoal from Somalia, which generate significant 
                revenue for al-Shabaab; the misappropriation of Somali 
                public assets; and certain acts of violence committed 
                against civilians in Somalia, all of which contribute 
                to the deterioration of the security situation and the 
                persistence of violence in Somalia, hereby order:

                Section 1. Section 1(a) of Executive Order 13536 is 
                hereby amended to read as follows:

                    ``(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 foreign 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;
                    (2) acts that threaten the Transitional Federal 
                Institutions or future Somali governing institutions, 
                the African Union Mission in Somalia (AMISOM), or other 
                future international peacekeeping operations related to 
                Somalia; or
                    (3) acts to misappropriate Somali public assets;
                    (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 be responsible for or complicit in, or 
                responsible for ordering, controlling, or otherwise 
                directing, or to have participated in, the commission 
                of acts of violence targeting civilians in Somalia, 
                including killing and

[[Page 43484]]

                maiming, sexual and gender-based violence, attacks on 
                schools and hospitals, taking hostages, and forced 
                displacement;
                    (E) to be a political or military leader recruiting 
                or using children in armed conflict in Somalia;
                    (F) to have engaged, directly or indirectly, in the 
                import or export of charcoal from Somalia on or after 
                February 22, 2012;
                    (G) 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) through 
                (F) of this section or any person whose property and 
                interests in property are blocked pursuant to this 
                order; or
                    (H) 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.''

                Sec. 2. (a) The importation into the United States, 
                directly or indirectly, of charcoal from Somalia is 
                prohibited.

                    (b) The prohibition in subsection (a) of this 
                section applies 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. 3. (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. 4. 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; 
                and
                    (d) the term ``charcoal'' means any product 
                classifiable in heading 3802 or 4402 of the Harmonized 
                Tariff Schedule of the United States.

                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. 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.

[[Page 43485]]

                Sec. 7. This order is effective at 2:00 p.m. eastern 
                daylight time on July 20, 2012.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    July 20, 2012.

[FR Doc. 2012-18237
Filed 7-23-12; 11:15 am]
Billing code 3295-F2-P