Authorizing the Implementation of Certain Sanctions Set Forth in the Countering America's Adversaries Through Sanctions Act, 48195-48200 [2018-20816]

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• Executive Office of the President

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Presidential Documents]
[Pages 48195-48200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20816]



[[Page 48193]]

Vol. 83

Friday,

No. 184

September 21, 2018

Part III





The President





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Executive Order 13849--Authorizing the Implementation of Certain 
Sanctions Set Forth in the Countering America's Adversaries Through 
Sanctions Act


                        Presidential Documents 



Federal Register / Vol. 83 , No. 184 / Friday, September 21, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 48195]]

                Executive Order 13849 of September 20, 2018

                
Authorizing the Implementation of Certain 
                Sanctions Set Forth in the Countering America's 
                Adversaries Through Sanctions Act

                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.), the 
                Countering America's Adversaries Through Sanctions Act 
                (Public Law 115-44) (CAATSA), the Ukraine Freedom 
                Support Act of 2014 (Public Law 113-272), as amended 
                (UFSA), section 212(f) of the Immigration and 
                Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 
                301 of title 3, United States Code,

                I, DONALD J. TRUMP, President of the United States of 
                America, in order to take additional steps with respect 
                to the national emergencies declared in Executive Order 
                13660 of March 6, 2014, as expanded in scope and relied 
                upon for additional steps taken in subsequent Executive 
                Orders, and Executive Order 13694 of April 1, 2015, as 
                relied upon for additional steps taken in Executive 
                Order 13757 of December 28, 2016, hereby order:

                Section 1. (a) When the President, or the Secretary of 
                State or the Secretary of the Treasury pursuant to 
                authority delegated by the President and in accordance 
                with the terms of such delegation, has determined that 
                sanctions shall be imposed on a person pursuant to 
                sections 224(a)(2), 231(a), 232(a), or 233(a) of CAATSA 
                and has selected from section 235 of CAATSA any of the 
                sanctions set forth below to impose on that person, the 
                Secretary of the Treasury, in consultation with the 
                Secretary of State, shall take the following actions 
                where necessary to implement the sanctions selected and 
                maintained by the President, the Secretary of State, or 
                the Secretary of the Treasury:

(i) prohibit any United States financial institution from making loans or 
providing credits to the sanctioned person totaling more than $10,000,000 
in any 12-month period, unless the person is engaged in activities to 
relieve human suffering and the loans or credits are provided for such 
activities;

(ii) prohibit any transactions in foreign exchange that are subject to the 
jurisdiction of the United States and in which the sanctioned person has 
any interest;

(iii) prohibit any transfers of credit or payments between financial 
institutions, or by, through, or to any financial institution, to the 
extent that such transfers or payments are subject to the jurisdiction of 
the United States and involve any interest of the sanctioned person;

(iv) block all property and interests in property of the sanctioned person 
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, and provide that such property and interests in 
property may not be transferred, paid, exported, withdrawn, or otherwise 
dealt in;

(v) prohibit any United States person from investing in or purchasing 
significant amounts of equity or debt instruments of the sanctioned person; 
or

[[Page 48196]]

(vi) impose on the principal executive officer or officers of the 
sanctioned person, or on persons performing similar functions and with 
similar authorities as such officer or officers, the sanctions described in 
subsections (a)(i)-(a)(v) of this section, as selected by the President, 
the Secretary of State, or the Secretary of the Treasury.

                    (b) The prohibitions in subsection (a)(iv) of this 
                section include:

(i) the making of any contribution or provision of funds, goods, or 
services by, to, or for the benefit of any sanctioned 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 sanctioned person.

                    (c) The prohibitions in 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 date of this order.

                Sec. 2. (a) When the President, or the Secretary of 
                State or the Secretary of the Treasury pursuant to 
                authority delegated by the President and in accordance 
                with the terms of such delegation, has determined that 
                sanctions shall be imposed on a person pursuant to 
                sections 224(a)(2), 231(a), 232(a), or 233(a) of CAATSA 
                and has selected from section 235 of CAATSA any of the 
                sanctions set forth below to impose on that person, the 
                heads of relevant departments and agencies, in 
                consultation with the Secretary of State and the 
                Secretary of the Treasury, as appropriate, shall ensure 
                that the following actions are taken where necessary to 
                implement the sanctions selected and maintained by the 
                President, the Secretary of State, or the Secretary of 
                the Treasury:

(i) The Export-Import Bank shall deny approval of the issuance of any 
guarantee, insurance, extension of credit, or participation in an extension 
of credit in connection with the export of any goods or services to the 
sanctioned person;

(ii) Departments and agencies shall not issue any specific license or grant 
any other specific permission or authority under any statute that requires 
the prior review or approval of the United States Government as a condition 
for the export or reexport of goods or technology to the sanctioned person;

(iii) The United States executive director of each international financial 
institution shall use the voice and vote of the United States to oppose any 
loan from the international financial institution that would benefit the 
sanctioned person;

(iv) With respect to a sanctioned person that is a financial institution: 
the Board of Governors of the Federal Reserve System and the Federal 
Reserve Bank of New York shall not designate, or permit the continuation of 
any prior designation of, the sanctioned person as a primary dealer in 
United States Government debt instruments; and departments and agencies 
shall prevent the sanctioned person from serving as an agent of the United 
States Government or serving as a repository for United States Government 
funds;

(v) Departments and agencies shall not procure, or enter into a contract 
for the procurement of, any goods or services from the sanctioned person;

(vi) The Secretary of State shall deny a visa to, and the Secretary of 
Homeland Security shall exclude from the United States, any alien that the 
President, the Secretary of State, or the Secretary of the Treasury 
determines is a corporate officer or principal of, or a shareholder with a 
controlling interest in, the sanctioned person by treating the person as 
covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of 
Entry of Aliens Subject to United Nations Security Council Travel Bans and 
International Emergency Economic Powers Act Sanctions); or

(vii) The heads of the relevant departments and agencies, as appropriate, 
shall impose on the principal executive officer or officers of the 
sanctioned

[[Page 48197]]

person, or on persons performing similar functions and with similar 
authorities as such officer or officers, the sanctions described in 
subsections (a)(i)-(a)(vi) of this section, as selected by the President, 
the Secretary of State, or the Secretary of the Treasury.

                    (b) The prohibitions in 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 date of this order.

                Sec. 3. (a) When the President, or the Secretary of 
                State or the Secretary of the Treasury pursuant to 
                authority delegated by the President and in accordance 
                with the terms of such delegation, has determined that 
                sanctions shall be imposed on a person pursuant to 
                section 224(a)(3) of CAATSA or sections 4(a) or 4(b) of 
                UFSA and has selected from section 4(c) of UFSA any of 
                the sanctions set forth below to impose on that person, 
                the Secretary of the Treasury, in consultation with the 
                Secretary of State, shall take the following actions 
                where necessary to implement the sanctions selected and 
                maintained by the President, the Secretary of State, or 
                the Secretary of the Treasury:

(i) block all property and interests in property of the sanctioned person 
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, and provide that such property and interests in 
property may not be transferred, paid, exported, withdrawn, or otherwise 
dealt in;

(ii) prohibit any transfers of credit or payments between financial 
institutions, or by, through, or to any financial institution, to the 
extent that such transfers or payments are subject to the jurisdiction of 
the United States and involve any interest of the sanctioned person;

(iii) prohibit any United States person from transacting in, providing 
financing for, or otherwise dealing in certain debt or equity of the 
sanctioned person, in accordance with section 4(c)(7) of UFSA; or

(iv) impose on the principal executive officer or officers of the 
sanctioned person, or on persons performing similar functions and with 
similar authorities as such officer or officers, the sanctions described in 
subsections (a)(i)-(a)(iii) of this section, as selected by the President, 
the Secretary of State, or the Secretary of the Treasury.

                    (b) The prohibitions in subsection (a)(i) of this 
                section include:

(i) the making of any contribution or provision of funds, goods, or 
services by, to, or for the benefit of any sanctioned 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 sanctioned person.

                    (c) The prohibitions in 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 date of this order.

                Sec. 4. (a) When the President, or the Secretary of 
                State or the Secretary of the Treasury pursuant to 
                authority delegated by the President and in accordance 
                with the terms of such delegation, has determined that 
                sanctions shall be imposed on a person pursuant to 
                section 224(a)(3) of CAATSA or sections 4(a) or 4(b) of 
                UFSA and has selected from section 4(c) of UFSA any of 
                the sanctions set forth below to impose on that person, 
                the heads of relevant departments and agencies, in 
                consultation with the Secretary of State and the 
                Secretary of the Treasury, as appropriate, shall ensure 
                that the following actions are taken where necessary to 
                implement the sanctions selected and maintained by the 
                President, the Secretary of State, or the Secretary of 
                the Treasury:

(i) The Export-Import Bank shall deny approval of the issuance of any 
guarantee, insurance, extension of credit, or participation in an extension

[[Page 48198]]

of credit in connection with the export of any goods or services to the 
sanctioned person;

(ii) Departments and agencies shall not procure, or enter into a contract 
for the procurement of, any goods or services from the sanctioned person;

(iii) Departments and agencies shall prohibit the exportation, or provision 
by sale, lease or loan, grant, or other means, directly or indirectly, of 
any defense article or defense service to the sanctioned person and shall 
not issue any license or other approval to the sanctioned person under 
section 38 of the Arms Export Control Act (22 U.S.C. 2778);

(iv) Departments and agencies shall not issue any license, and shall 
suspend any license, for the transfer to the sanctioned person of any item 
the export of which is controlled under the Export Control Reform Act of 
2018 (subtitle B of title XVII of Public Law 115-232), or the Export 
Administration Regulations under subchapter C of chapter VII of title 15, 
Code of Federal Regulations;

(v) The Secretary of State shall deny a visa to, and the Secretary of 
Homeland Security shall exclude from the United States, the sanctioned 
person by treating the person as covered by section 1 of Proclamation 8693; 
or

(vi) The heads of the relevant departments and agencies, as appropriate, 
shall impose on the principal executive officer or officers of the 
sanctioned person, or on persons performing similar functions and with 
similar authorities as such officer or officers, the sanctions described in 
subsections (a)(i)-(a)(v) of this section, as selected by the President, 
the Secretary of State, or the Secretary of the Treasury.

                    (b) The prohibitions in 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 date of this order.

                Sec. 5. (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. 6. 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 types of articles 
                specified in such section by, to, or for the benefit of 
                any sanctioned person whose property and interests in 
                property are blocked pursuant to this order would 
                seriously impair my ability to deal with the national 
                emergencies declared in Executive Orders 13660 and 
                13694, and I hereby prohibit such donations as provided 
                by sections 1(a)(iv) and 3(a)(i) of this order.

                Sec. 7. 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 within the United 
                States;
                    (d) the term ``financial institution'' includes: 
                (i) a depository institution (as defined in section 
                3(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. 
                1813(c)(1))), including a branch or agency of a foreign 
                bank (as defined in section 1(b)(7) of the 
                International Banking Act of 1978 (12 U.S.C. 3101(7))); 
                (ii) a credit union; (iii) a securities firm, including 
                a broker or dealer; (iv) an insurance company, 
                including an agency or underwriter; and (v) any other 
                company that provides financial services;

[[Page 48199]]

                    (e) the term ``international financial 
                institution'' has the meaning given that term in 
                section 1701(c) of the International Financial 
                Institutions Act (22 U.S.C. 262r(c));
                    (f) the term ``United States financial 
                institution'' means a financial institution (including 
                its foreign branches) organized under the laws of the 
                United States or of any jurisdiction within the United 
                States or located in the United States; and
                    (g) the term ``sanctioned person'' means a person 
                that the President, or the Secretary of State or the 
                Secretary of the Treasury pursuant to authority 
                delegated by the President and in accordance with the 
                terms of such delegation, has determined is a person on 
                whom sanctions shall be imposed pursuant to sections 
                224(a)(2), 224(a)(3), 231(a), 232(a), or 233(a) of 
                CAATSA or sections 4(a) or 4(b) of UFSA and on whom the 
                President, the Secretary of State, or the Secretary of 
                the Treasury has imposed any of the sanctions in 
                section 235 of CAATSA or section 4(c) of UFSA.

                Sec. 8. 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 with respect to 
                such property or interests in property pursuant to this 
                order would render those measures ineffectual. I 
                therefore determine that for these measures to be 
                effective in addressing the national emergencies 
                declared in Executive Orders 13660 and 13694, there 
                need be no prior notice of an action taken pursuant to 
                this order with respect to such property or interests 
                in property.

                Sec. 9. The unrestricted immigrant and nonimmigrant 
                entry into the United States of aliens on whom 
                sanctions described in sections 1(a)(iv) or 3(a)(i) of 
                this order have been imposed would be detrimental to 
                the interests of the United States, and the entry of 
                such persons into the United States, as immigrants or 
                nonimmigrants, is hereby suspended. Such persons shall 
                be treated as persons covered by section 1 of 
                Proclamation 8693.

                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, and sections 224(a)(2), 
                224(a)(3), 231(a), 231(e), 232(a), 233(a), and 235 of 
                CAATSA and sections 4(a)-(c) and 4(h) of UFSA with 
                respect to powers to impose sanctions, as may be 
                necessary to carry out the purposes of this order. The 
                Secretary of the Treasury may, consistent with 
                applicable law, redelegate any of these functions 
                within the Department of the Treasury. All departments 
                and agencies of the United States Government shall take 
                all appropriate measures within their authority to 
                carry out the provisions of this order.

                Sec. 11. (a) Nothing in this order shall be construed 
                to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 48200]]

                    (c) 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 20, 2018.

[FR Doc. 2018-20816
Filed 9-20-18; 2:00 pm]
Billing code 3295-F8-P