Taking Additional Steps To Address the National Emergency With Respect to the Situation in Nicaragua, 64685-64687 [2022-23433]

Agencies

• Executive Office of the President

[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Presidential Documents]
[Pages 64685-64687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23433]




                        Presidential Documents 



Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / 
Presidential Documents

[[Page 64685]]


                Executive Order 14088 of October 24, 2022

                
Taking Additional Steps To Address the National 
                Emergency With Respect to the Situation in Nicaragua

                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.), the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), the Nicaragua 
                Investment Conditionality Act of 2018 (50 U.S.C. 1701 
                note), 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, in order to take additional steps with 
                respect to the national emergency declared in Executive 
                Order 13851 of November 27, 2018 (Blocking Property of 
                Certain Persons Contributing to the Situation in 
                Nicaragua), hereby order:

                Section 1. The first clause of the preamble to 
                Executive Order 13851 is amended to read as follows:

                    ``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), the Nicaragua Investment Conditionality Act of 
                2018 (50 U.S.C. 1701 note), 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,''.

                Sec. 2. Section 1 of Executive Order 13851 is amended 
                by adding a new subsection 1(a)(i)(E) after subsection 
                1(a)(i)(D), to read as follows:

                    ``(E) the arrest or prosecution of a person, 
                including an individual or media outlet disseminating 
                information to the public, primarily because of the 
                exercise by such person of the freedom of expression, 
                including for members of the press, or assembly;''.

                Sec. 3. Subsections 1(a)(iv)(B) through 1(a)(v) of 
                Executive Order 13851 are replaced with new subsections 
                1(a)(iv)(B) through 1(a)(vi), to read as follows:

                    ``(B) any person whose property and interests in 
                property are blocked pursuant to this order;

(v) 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

(vi) to operate or have operated in the gold sector of the Nicaraguan 
economy or in any other sector of the Nicaraguan economy as may be 
determined by the Secretary of the Treasury, in consultation with the 
Secretary of State.''.

                Sec. 4. Subsection 1(b) of Executive Order 13851 is 
                replaced with a new subsection 1(b), to read as 
                follows:

                    ``(b) The following are prohibited:

(i) the importation into the United States of any products of Nicaraguan 
origin as may be determined by the Secretary of the Treasury, in 
consultation with the Secretary of State and the Secretary of Commerce;

(ii) the exportation, reexportation, sale, or supply, directly or 
indirectly, from the United States, or by a United States person, wherever 
located, of any items as may be determined by the Secretary of Commerce, in

[[Page 64686]]

consultation with the Secretary of State and the Secretary of the Treasury, 
to any person located in Nicaragua;

(iii) new investment in any sector of the Nicaraguan economy as may be 
determined by the Secretary of the Treasury, in consultation with the 
Secretary of State, by a United States person, wherever located; 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 subsection 
if performed by a United States person or within the United States.''.

                Sec. 5. Section 1 of Executive Order 13851 is amended 
                by adding a new subsection 1(c) after subsection 1(b), 
                to read as follows:

                    ``(c) The prohibitions in subsections (a) and (b) 
                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, or 
                pursuant to the export control authorities implemented 
                by the Department of Commerce, and notwithstanding any 
                contract entered into or any license or permit granted 
                prior to the date of this order.''.

                Sec. 6. Section 8 of Executive Order 13851 is revised 
                to read as follows:

                    ``Sec. 8. The Secretary of the Treasury and the 
                Secretary of Commerce, in consultation with the 
                Secretary of State, are 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 and the Secretary of Commerce may, consistent 
                with applicable law, redelegate any of these functions 
                within the Department of the Treasury and the 
                Department of Commerce, respectively. All executive 
                departments and agencies of the United States shall 
                take all appropriate measures within their authority to 
                implement this order.''.

                Sec. 7. Section 9 of Executive Order 13851 is revised 
                to read as follows:

                    ``Sec. 9. The Secretary of the Treasury, in 
                consultation with the Secretary of State and the 
                Secretary of Commerce, is hereby authorized to submit 
                the 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. 8. (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 64687]]

                    (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,

                    October 24, 2022.

[FR Doc. 2022-23433
Filed 10-25-22; 8:45 am]
Billing code 3395-F3-P