Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to Continued Russian Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine, 10293-10296 [2022-04020]

Download as PDF 10293 Presidential Documents Federal Register Vol. 87, No. 36 Wednesday, February 23, 2022 Title 3— Executive Order 14065 of February 21, 2022 The President Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to Continued Russian Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine 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, hereby expand the scope of the national emergency declared in Executive Order 13660 of March 6, 2014, and expanded by Executive Order 13661 of March 16, 2014, and Executive Order 13662 of March 20, 2014, and relied on for additional steps taken in Executive Order 13685 of December 19, 2014, and Executive Order 13849 of September 20, 2018, finding that the Russian Federation’s purported recognition of the so-called Donetsk People’s Republic (DNR) or Luhansk People’s Republic (LNR) regions of Ukraine contradicts Russia’s commitments under the Minsk agreements and further threatens the peace, stability, sovereignty, and territorial integrity of Ukraine, and thereby constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States. Accordingly, I hereby order: Section 1. (a) The following are prohibited: (i) new investment in the so-called DNR or LNR regions of Ukraine or such other regions of Ukraine as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State (collectively, the ‘‘Covered Regions’’), by a United States person, wherever located; (ii) the importation into the United States, directly or indirectly, of any goods, services, or technology from the Covered Regions; khammond on DSKJM1Z7X2PROD with PRESDOC2 (iii) the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, services, or technology to the Covered Regions; and (iv) any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be prohibited by this section if performed by a United States person or within the United States. (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 license or permit granted prior to the date of this order. Sec. 2. (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: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: VerDate Sep<11>2014 18:09 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 10294 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Presidential Documents (i) to operate or have operated since the date of this order in the Covered Regions; (ii) to be or have been since the date of this order a leader, official, senior executive officer, or member of the board of directors of an entity operating in the Covered Regions; (iii) 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; or (iv) 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. (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 prior to the date of this order. Sec. 3. The prohibitions in section 2 of this order include but are not limited to: (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. 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. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. Sec. 6. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens determined to meet one or more of the criteria in section 2 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. khammond on DSKJM1Z7X2PROD with PRESDOC2 (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. 7. 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 VerDate Sep<11>2014 18:09 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Presidential Documents 10295 are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13660, expanded in Executive Orders 13661 and 13662, and further expanded by this order, and I hereby prohibit such donations as provided by section 2 of this order. Sec. 8. 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 ‘‘person’’ means an individual or entity; (c) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, 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 ‘‘noncitizen’’ means any person who is not a citizen or noncitizen national of the United States; and (e) the term ‘‘region of Ukraine’’ includes the land territory in that region as well as any maritime area over which sovereignty, sovereign rights, or jurisdiction is claimed based on purported sovereignty over that land territory or area. Sec. 9. 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 Executive Order 13660, expanded in Executive Orders 13661 and 13662, and further expanded by this order, there need be no prior notice of a listing or determination made pursuant to section 2 of this order. 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, 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 executive departments and agencies of the United States shall take all appropriate measures within their authority to implement 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 khammond on DSKJM1Z7X2PROD with PRESDOC2 (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. VerDate Sep<11>2014 18:09 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 10296 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Presidential Documents (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. THE WHITE HOUSE, February 21, 2022. [FR Doc. 2022–04020 Filed 2–22–22; 11:15 am] VerDate Sep<11>2014 18:09 Feb 22, 2022 Jkt 256001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\23FEE0.SGM 23FEE0 BIDEN.EPS</GPH> khammond on DSKJM1Z7X2PROD with PRESDOC2 Billing code 3395–F2–P

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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Presidential Documents]
[Pages 10293-10296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04020]



[[Page 10291]]

Vol. 87

Wednesday,

No. 36

February 23, 2022

Part III





The President





-----------------------------------------------------------------------



Executive Order 14065--Blocking Property of Certain Persons and 
Prohibiting Certain Transactions With Respect to Continued Russian 
Efforts To Undermine the Sovereignty and Territorial Integrity of 
Ukraine


                        Presidential Documents 



Federal Register / Vol. 87 , No. 36 / Wednesday, February 23, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 10293]]

                Executive Order 14065 of February 21, 2022

                
Blocking Property of Certain Persons and 
                Prohibiting Certain Transactions With Respect to 
                Continued Russian Efforts To Undermine the Sovereignty 
                and Territorial Integrity of Ukraine

                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, hereby expand the scope of the national 
                emergency declared in Executive Order 13660 of March 6, 
                2014, and expanded by Executive Order 13661 of March 
                16, 2014, and Executive Order 13662 of March 20, 2014, 
                and relied on for additional steps taken in Executive 
                Order 13685 of December 19, 2014, and Executive Order 
                13849 of September 20, 2018, finding that the Russian 
                Federation's purported recognition of the so-called 
                Donetsk People's Republic (DNR) or Luhansk People's 
                Republic (LNR) regions of Ukraine contradicts Russia's 
                commitments under the Minsk agreements and further 
                threatens the peace, stability, sovereignty, and 
                territorial integrity of Ukraine, and thereby 
                constitutes an unusual and extraordinary threat to the 
                national security and foreign policy of the United 
                States. Accordingly, I hereby order:

                Section 1. (a) The following are prohibited:

(i) new investment in the so-called DNR or LNR regions of Ukraine or such 
other regions of Ukraine as may be determined by the Secretary of the 
Treasury, in consultation with the Secretary of State (collectively, the 
``Covered Regions''), by a United States person, wherever located;

(ii) the importation into the United States, directly or indirectly, of any 
goods, services, or technology from the Covered Regions;

(iii) the exportation, reexportation, sale, or supply, directly or 
indirectly, from the United States, or by a United States person, wherever 
located, of any goods, services, or technology to the Covered Regions; and

(iv) any approval, financing, facilitation, or guarantee by a United States 
person, wherever located, of a transaction by a foreign person where the 
transaction by that foreign person would be prohibited by this section if 
performed by a United States person or within the United States.

                    (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 license or 
                permit granted prior to the date of this order.

                Sec. 2. (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: any person determined 
                by the Secretary of the Treasury, in consultation with 
                the Secretary of State:

[[Page 10294]]

(i) to operate or have operated since the date of this order in the Covered 
Regions;

(ii) to be or have been since the date of this order a leader, official, 
senior executive officer, or member of the board of directors of an entity 
operating in the Covered Regions;

(iii) 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; or

(iv) 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.

                    (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 prior to the date of this 
                order.

                Sec. 3. The prohibitions in section 2 of this order 
                include but are not limited to:

                    (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. 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. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the Federal Government by employees, grantees, or 
                contractors thereof.

                Sec. 6. (a) The unrestricted immigrant and nonimmigrant 
                entry into the United States of noncitizens determined 
                to meet one or more of the criteria in section 2 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. 7. 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

[[Page 10295]]

                are blocked pursuant to this order would seriously 
                impair my ability to deal with the national emergency 
                declared in Executive Order 13660, expanded in 
                Executive Orders 13661 and 13662, and further expanded 
                by this order, and I hereby prohibit such donations as 
                provided by section 2 of this order.

                Sec. 8. 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 ``person'' means an individual or 
                entity;
                    (c) the term ``United States person'' means any 
                United States citizen, lawful permanent resident, 
                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 ``noncitizen'' means any person who is 
                not a citizen or noncitizen national of the United 
                States; and
                    (e) the term ``region of Ukraine'' includes the 
                land territory in that region as well as any maritime 
                area over which sovereignty, sovereign rights, or 
                jurisdiction is claimed based on purported sovereignty 
                over that land territory or area.

                Sec. 9. 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 Executive Order 13660, expanded in Executive Orders 
                13661 and 13662, and further expanded by this order, 
                there need be no prior notice of a listing or 
                determination made pursuant to section 2 of this order.

                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, 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 executive departments and agencies 
                of the United States shall take all appropriate 
                measures within their authority to implement 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 10296]]

                    (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 21, 2022.

[FR Doc. 2022-04020
Filed 2-22-22; 11:15 am]
Billing code 3395-F2-P