Administration of Proliferation Sanctions and Amendment of Executive Order 12851, 38113-38114 [2019-16879]

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• Executive Office of the President

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Presidential Documents]
[Pages 38113-38114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16879]



[[Page 38111]]

Vol. 84

Monday,

No. 150

August 5, 2019

Part III





The President





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Executive Order 13883--Administration of Proliferation Sanctions and 
Amendment of Executive Order 12851


                        Presidential Documents 



Federal Register / Vol. 84 , No. 150 / Monday, August 5, 2019 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 38113]]

                Executive Order 13883 of August 1, 2019

                
Administration of Proliferation Sanctions and 
                Amendment of Executive Order 12851

                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), sections 305-308 of the Chemical and Biological 
                Weapons Control and Warfare Elimination Act of 1991 
                (CBW Act), Public Law 102-182 (50 U.S.C. App. 2410c; 22 
                U.S.C. 2798, 5604-5606), 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 emergency described and declared in 
                Executive Order 12938 of November 14, 1994, as amended 
                by and relied on for additional steps in subsequent 
                Executive Orders, hereby order:

                Section 1. (a) When the President, or the Secretary of 
                State pursuant to authority delegated by the President 
                and in accordance with the terms of such delegation, 
                pursuant to section 307(b)(1) of the CBW Act, selects 
                for imposition on a country one or more of the 
                sanctions set forth below and in section 307(b)(2) of 
                that Act, the Secretary of the Treasury, in 
                consultation with the Secretary of State, shall take 
                the following actions, when necessary, to implement 
                such sanctions:

(i) oppose, in accordance with section 701 of the International Financial 
Institutions Act (22 U.S.C. 262d), the extension of any loan or financial 
or technical assistance to that country by international financial 
institutions; and

(ii) prohibit any United States bank from making any loan or providing any 
credit to the government of that country, except for loans or credits for 
the purpose of purchasing food or other agricultural commodities or 
products.

                    (b) The prohibition in subsection (a)(ii) 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 date of this 
                order.

                Sec. 2. (a) Any transaction that evades or avoids, has 
                the purpose of evading or avoiding, causes a violation 
                of, or attempts to violate the prohibition set forth in 
                section 1(a)(ii) of this order is prohibited.

                    (b) Any conspiracy formed to violate the 
                prohibition set forth in section 1(a)(ii) of this order 
                is prohibited.

                Sec. 3. Subsection (b) of section 1 of Executive Order 
                12851 of June 11, 1993 (Administration of Proliferation 
                Sanctions, Middle East Arms Control, and Related 
                Congressional Reporting Responsibilities), is amended 
                by adding the following new paragraph 4 after paragraph 
                3:

                    ``(4) The authorities and duties vested in me to 
                oppose certain multilateral development bank assistance 
                and to prohibit certain bank loans as provided in 
                section 307(b)(2)(A)-(B), pursuant to a determination 
                made by the Secretary of State under section 307(b)(1), 
                are delegated to the Secretary of the Treasury.''

                Sec. 4. For the purposes of this order:

[[Page 38114]]

                    (a) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) the term ``government'' means a government, any 
                political subdivision, agency, or instrumentality 
                thereof, and any person owned or controlled by, or 
                acting for or on behalf of, that government; and
                    (c) the term ``United States bank'' means any 
                entity organized under the laws of the United States or 
                any jurisdiction within the United States (including 
                its foreign branches), or any entity in the United 
                States, that is engaged in the business of accepting 
                deposits, making, granting, transferring, holding, or 
                brokering loans or credits, or purchasing or selling 
                foreign exchange, securities, commodity futures, or 
                options, or procuring purchasers and sellers thereof, 
                as principal or agent.

                Sec. 5. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                take such actions, including promulgating rules and 
                regulations, and to employ all powers granted to the 
                President by IEEPA and the CBW Act as may be necessary 
                to implement this order. The Secretary of the Treasury 
                may, consistent with applicable law, redelegate any of 
                these functions within the Department of the Treasury. 
                All agencies of the United States Government shall take 
                all appropriate measures within their authority to 
                carry out the provisions of this order.

                Sec. 6. (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.
                    (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,

                    August 1, 2019.

[FR Doc. 2019-16879
Filed 8-2-19; 11:15 am]
Billing code 3295-F9-P