Taking Additional Steps With Respect to the Russian Federation's Harmful Activities, 89271-89274 [2023-28662]

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• Executive Office of the President

[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Presidential Documents]
[Pages 89271-89274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28662]




                        Presidential Documents 



Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / 
Presidential Documents

[[Page 89271]]


                Executive Order 14114 of December 22, 2023

                
Taking Additional Steps With Respect to the 
                Russian Federation's Harmful Activities

                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.), and 
                section 301 of title 3, United States Code,

                I, JOSEPH R. BIDEN JR., President of the United States 
                of America, in view of the Russian Federation's 
                continued use of its military-industrial base to aid 
                its effort to undermine security in countries and 
                regions important to United States national security, 
                including its reliance on the international financial 
                system for the procurement of dual-use and other 
                critical items from third countries, and in order to 
                take additional steps with respect to the national 
                emergency declared in Executive Order 14024 of April 
                15, 2021, expanded by Executive Order 14066 of March 8, 
                2022, and relied on for additional steps taken in 
                Executive Order 14039 of August 20, 2021, Executive 
                Order 14068 of March 11, 2022, and Executive Order 
                14071 of April 6, 2022, hereby order:

                Section 1. Amendments to Executive Order 14024. 
                Executive Order 14024 is hereby amended by 
                redesignating section 11 of that order as section 12 
                and adding a new section 11 to read as follows:

                ``Sec. 11. (a) The Secretary of the Treasury, in 
                consultation with the Secretary of State, and with 
                respect to subsection (a)(ii) of this section, in 
                consultation with the Secretary of State and the 
                Secretary of Commerce, is hereby authorized to impose 
                on a foreign financial institution the sanctions 
                described in subsection (b) of this section, upon 
                determining that the foreign financial institution has:

(i) conducted or facilitated any significant transaction or transactions 
for or on behalf of any person designated pursuant to section 1(a)(i) of 
this order for operating or having operated in the technology, defense and 
related materiel, construction, aerospace, or manufacturing sectors of the 
Russian Federation economy, or other such sectors as may be determined to 
support Russia's military-industrial base by the Secretary of the Treasury, 
in consultation with the Secretary of State; or

(ii) conducted or facilitated any significant transaction or transactions, 
or provided any service, involving Russia's military-industrial base, 
including the sale, supply, or transfer, directly or indirectly, to the 
Russian Federation of any item or class of items as may be determined by 
the Secretary of the Treasury, in consultation with the Secretary of State 
and the Secretary of Commerce.

                    (b) With respect to any foreign financial 
                institution determined to meet the criteria set forth 
                in subsection (a) of this section, the Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                may:

(i) prohibit the opening of, or prohibit or impose strict conditions on the 
maintenance of, correspondent accounts or payable-through accounts in the 
United States; or

(ii) block 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

[[Page 89272]]

such foreign financial institution, and provide that such property and 
interests in property may not be transferred, paid, exported, withdrawn, or 
otherwise dealt in.

                    (c) The prohibitions in subsection (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, and 
                notwithstanding any contract entered into or any 
                license or permit granted before the date of this 
                order.
                    (d) 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 subsection (b)(ii) of 
                this section would seriously impair my ability to deal 
                with the national emergency declared in this order, and 
                I hereby prohibit such donations as provided by 
                subsection (b)(ii) of this section.
                    (e) The prohibitions in subsection (b)(ii) 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 person whose property and 
interests in property are blocked pursuant to subsection (b)(ii) of this 
section; and

(ii) the receipt of any contribution or provision of funds, goods, or 
services from any such person.

                    (f) For purposes of this section, the term 
                ``foreign financial institution'' means any foreign 
                entity that is engaged in the business of accepting 
                deposits; making, granting, transferring, holding, or 
                brokering loans or credits; purchasing or selling 
                foreign exchange, securities, futures or options; or 
                procuring purchasers and sellers thereof, as principal 
                or agent. It includes depository institutions; banks; 
                savings banks; money services businesses; operators of 
                credit card systems; trust companies; insurance 
                companies; securities brokers and dealers; futures and 
                options brokers and dealers; forward contract and 
                foreign exchange merchants; securities and commodities 
                exchanges; clearing corporations; investment companies; 
                employee benefit plans; dealers in precious metals, 
                stones, or jewels; and holding companies, affiliates, 
                or subsidiaries of any of the foregoing. The term does 
                not include the international financial institutions 
                identified in 22 U.S.C. 262r(c)(2), the International 
                Fund for Agricultural Development, the North American 
                Development Bank, or any other international financial 
                institution so notified by the Office of Foreign Assets 
                Control.''.

                Sec. 2. Additional Amendments to Executive Order 14024. 
                Executive Order 14024 is hereby amended by striking 
                section 7 and inserting, in lieu thereof, the 
                following:

                ``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 or 
                section 11 of this order.''.

                Sec. 3. Amendments to Executive Order 14068. Executive 
                Order 14068 is hereby amended as follows:

                    (a) in section 1, by striking subsection (a)(i) and 
                inserting, in lieu thereof, the following:

(i) the importation and entry into the United States, including importation 
for admission into a foreign trade zone located in the United States, of:

  (A) the following products of Russian Federation origin: fish, seafood, 
and preparations thereof; alcoholic beverages; non-industrial diamonds;

[[Page 89273]]

and any other products of Russian Federation origin, as may be determined 
by the Secretary of the Treasury, in consultation with the Secretary of 
State and the Secretary of Commerce;

  (B) categories of any of the following products as may be determined by 
the Secretary of the Treasury, in consultation with the Secretary of State, 
the Secretary of Commerce, and the Secretary of Homeland Security, that 
were mined, extracted, produced, or manufactured wholly or in part in the 
Russian Federation, or harvested in waters under the jurisdiction of the 
Russian Federation or by Russia-flagged vessels, notwithstanding whether 
such products have been incorporated or substantially transformed into 
other products outside of the Russian Federation: fish, seafood, and 
preparations thereof; diamonds; and any other such products as may be 
determined by the Secretary of the Treasury, in consultation with the 
Secretary of State, the Secretary of Commerce, and the Secretary of 
Homeland Security;

  (C) products containing any of the products subject to the prohibitions 
of subsections (a)(i)(A)-(B) of this section, as may be determined by the 
Secretary of the Treasury, in consultation with the Secretary of State, the 
Secretary of Commerce, and the Secretary of Homeland Security; and

  (D) products subject to the prohibitions of subsections (a)(i)(A)-(C) of 
this section that transited through or were exported from or by the Russian 
Federation, as may be determined by the Secretary of the Treasury, in 
consultation with the Secretary of State, the Secretary of Commerce, and 
the Secretary of Homeland Security;'';

                    (b) in section 1, by adding new subsections (c)-(f) 
                to read as follows:
                    ``(c) The prohibitions in subsection (a)(i) of this 
                section apply with respect to:

(i) products subject to the prohibitions of subsection (a)(i)(A) of this 
section imported on or after the date of this order or the date specified 
in any determinations made pursuant to that subsection, unless otherwise 
specified or authorized; and

(ii) products subject to the prohibitions of subsections (a)(i)(B)-(D) of 
this section imported on or after the date specified in any determinations 
made pursuant to those subsections, unless otherwise specified or 
authorized.

                    (d) The Secretary of Homeland Security, with the 
                concurrence of the Secretary of the Treasury, shall 
                prescribe rules and regulations to collect, including 
                through an authorized electronic data interchange 
                system as appropriate, any documentation or information 
                as may be necessary to enforce subsections (a)(i)(B)-
                (D) and (c) of this section as expeditiously as 
                possible.'';
                    (c) in section 4, by striking ``and'' at the end of 
                subsection 4(c), by striking the period at the end of 
                subsection (d) and replacing it with ``; and'', and by 
                inserting the following new subsection after subsection 
                (d):
                    ``(e) the term ``diamond'' includes any diamonds 
                classifiable under subheadings 7102.10, 7102.31, and 
                7102.39 of the Harmonized Tariff Schedule of the United 
                States and under any other subheadings of the 
                Harmonized Tariff Schedule of the United States 
                specified in determinations made pursuant to section 
                (1)(a)(i) of this order.''; and
                    (d) by striking section 5 and inserting, in lieu 
                thereof, the following:

                ``Sec. 5. The Secretary of the Treasury, the Secretary 
                of Commerce, and the Secretary of Homeland Security, 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, the Secretary of Commerce, 
                and the Secretary of Homeland Security may, consistent 
                with applicable law, redelegate any of these functions 
                within the Department of the Treasury, the Department 
                of Commerce, and the Department of Homeland Security, 
                respectively. All

[[Page 89274]]

                executive departments and agencies of the United States 
                shall take all appropriate measures within their 
                authority to implement this order.''.

                Sec. 4. General Provisions. (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 persons.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 22, 2023.

[FR Doc. 2023-28662
Filed 12-22-23; 11:15 am]
Billing code 3395-F4-P