Blocking Property With Respect to the Situation in Burma, 9429-9432 [2021-03139]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Presidential Documents]
[Pages 9429-9432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03139]



[[Page 9427]]

Vol. 86

Friday,

No. 28

February 12, 2021

Part II





The President





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Executive Order 14014--Blocking Property With Respect to the Situation 
in Burma


                        Presidential Documents 



Federal Register / Vol. 86 , No. 28 / Friday, February 12, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 9429]]

                Executive Order 14014 of February 10, 2021

                
Blocking Property With Respect to the Situation 
                in Burma

                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 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, JOSEPH R. BIDEN JR., President of the United States 
                of America, find that the situation in and in relation 
                to Burma, and in particular the February 1, 2021, coup, 
                in which the military overthrew the democratically 
                elected civilian government of Burma and unjustly 
                arrested and detained government leaders, politicians, 
                human rights defenders, journalists, and religious 
                leaders, thereby rejecting the will of the people of 
                Burma as expressed in elections held in November 2020 
                and undermining the country's democratic transition and 
                rule of law, constitutes an unusual and extraordinary 
                threat to the national security and foreign policy of 
                the United States. I 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 of the following persons are blocked and may not 
                be transferred, paid, exported, withdrawn, or otherwise 
                dealt in: any foreign person determined by the 
                Secretary of the Treasury, in consultation with the 
                Secretary of State:

(i) to operate in the defense sector of the Burmese economy or any other 
sector of the Burmese economy as may be determined by the Secretary of the 
Treasury, in consultation with the Secretary of State;

(ii) to be responsible for or complicit in, or to have directly or 
indirectly engaged or attempted to engage in, any of the following:

  (A) actions or policies that undermine democratic processes or 
institutions in Burma;

  (B) actions or policies that threaten the peace, security, or stability 
of Burma;

  (C) actions or policies that prohibit, limit, or penalize the exercise of 
freedom of expression or assembly by people in Burma, or that limit access 
to print, online, or broadcast media in Burma; or

  (D) the arbitrary detention or torture of any person in Burma or other 
serious human rights abuse in Burma;

(iii) to be or have been a leader or official of:

  (A) the military or security forces of Burma, or any successor entity to 
any of the foregoing;

  (B) the Government of Burma on or after February 2, 2021;

  (C) an entity that has, or whose members have, engaged in any activity 
described in subsection (a)(ii) of this section relating to the leader's or 
official's tenure; or

[[Page 9430]]

  (D) an entity whose property and interests in property are blocked 
pursuant to this order as a result of activities related to the leader's or 
official's tenure;

(iv) to be a political subdivision, agency, or instrumentality of the 
Government of Burma;

(v) to be a spouse or adult child of any person whose property and 
interests in property are blocked pursuant to this order;

(vi) 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

(vii) to be owned or controlled by, or to have acted or purported to act 
for or on behalf of, directly or indirectly, the military or security 
forces of Burma or any person whose property and interests in property are 
blocked pursuant to this order.

                    (b) 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 before the date of this 
                order.

                Sec. 2. The prohibitions in section 1 of this order 
                include:

                    (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. 3. (a) The unrestricted immigrant and nonimmigrant 
                entry into the United States of noncitizens determined 
                to meet one or more of the criteria in section 1(a) of 
                this order 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, except where the Secretary of State 
                or the Secretary of Homeland Security, as appropriate, 
                determines that the person's entry would not be 
                contrary to the interests of the United States, 
                including when the Secretary of State or the Secretary 
                of Homeland Security, as appropriate, so determines, 
                based on a recommendation of the Attorney General, that 
                the person's entry would further important United 
                States law enforcement objectives.

                    (b) The Secretary of State shall implement this 
                authority as it applies to visas pursuant to such 
                procedures as the Secretary of State, in consultation 
                with the Secretary of Homeland Security, may establish.
                    (c) The Secretary of Homeland Security shall 
                implement this order as it applies to the entry of 
                noncitizens pursuant to such procedures as the 
                Secretary of Homeland Security, in consultation with 
                the Secretary of State, may establish.
                    (d) Such persons shall be treated by this section 
                in the same manner as persons 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).

                Sec. 4. (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. 5. 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 section 1 of this 
                order would seriously impair my ability to deal with 
                the national emergency declared in this order,

[[Page 9431]]

                and I hereby prohibit such donations as provided by 
                section 1 of this order.

                Sec. 6. For the purposes of this order:

                    (a) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) the term ``Government of Burma'' means the 
                Government of Burma, any political subdivision, agency, 
                or instrumentality thereof, including the Central Bank 
                of Myanmar, and any person owned or controlled by, or 
                acting for or on behalf of, the Government of Burma;
                    (c) the term ``noncitizen'' means any person who is 
                not a citizen or noncitizen national of the United 
                States;
                    (d) the term ``person'' means an individual or 
                entity; and
                    (e) 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.

                Sec. 7. 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. 8. 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, consistent with applicable law, 
                redelegate any of these functions within the Department 
                of the Treasury. All departments and agencies of the 
                United States shall take all appropriate measures 
                within their authority to carry out the provisions of 
                this order.

                Sec. 9. Nothing in this order is intended to affect the 
                continued effectiveness of any action taken pursuant to 
                Executive Order 13742 of October 7, 2016 (Termination 
                of Emergency With Respect to the Actions and Policies 
                of the Government of Burma).

                Sec. 10. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                submit 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. 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 9432]]

                    (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,

                    February 10, 2021.

[FR Doc. 2021-03139
Filed 2-11-21; 11:15 am]
Billing code 3295-F1-P