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Executive Order: 'Blocking Property of Certain Persons Contributing to the Situation in Ukraine'

7:48 AM, Mar 6, 2014 • By DANIEL HALPER
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Here's the executive order President Obama signed today on Ukraine: 

BLOCKING PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE SITUATION IN 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, BARACK OBAMA, President of the United States of America, find that the actions and policies of persons -- including persons who have asserted governmental authority in the Crimean region without the authorization of the Government of Ukraine -- that undermine democratic processes and institutions

in Ukraine; threaten its peace, security, stability,

sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat.  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 (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foreign branch) of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:  any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:

          (i)    to be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the

          following:

               (A)  actions or policies that undermine

               democratic processes or institutions in Ukraine;

               (B)  actions or policies that threaten the peace,

               security, stability, sovereignty, or territorial

               integrity of Ukraine; or

               (C)  misappropriation of state assets of Ukraine

               or of an economically significant entity in

               Ukraine;

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          (ii)   to have asserted governmental authority over

          any part or region of Ukraine without the

          authorization of the Government of Ukraine;

          (iii)  to be a leader of an entity that has, or whose

          members have, engaged in any activity described in

          subsection (a)(i) or (a)(ii) of this section or of an

          entity whose property and interests in property are

          blocked pursuant to this order;

          (iv)   to have materially assisted, sponsored, or

          provided financial, material, or technological support

          for, or goods or services to or in support of, any

          activity described in subsection (a)(i) or (a)(ii) of

          this section or any person whose property and

          interests in property are blocked pursuant to this

          order; or

          (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.

     (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 effective

date of this order.

     Sec. 2.  I hereby find that the unrestricted immigrant and

nonimmigrant entry into the United States of aliens determined

to meet one or more of the criteria in subsection 1(a) of this

order would be detrimental to the interests of the

United States, and I hereby suspend entry into the

United States, as immigrants or nonimmigrants, of such persons.

Such persons shall be treated 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. 3.  I hereby determine that the making of donations of

the type 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, and

I hereby prohibit such donations as provided by section 1 of

this order.

     Sec. 4.  The prohibitions in section 1 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. 5.  (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. 6.  For the purposes of this order:

     (a)  the term "person" means an individual or entity;

     (b)  the term "entity" means a partnership, association,

trust, joint venture, corporation, group, subgroup, or other

organization; and

     (c)  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 redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law.  All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.

     Sec. 9.  The Secretary of the Treasury, in consultation with the Secretary of State, 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. 10.  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. page3image25032.png

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THE WHITE HOUSE,

    March 6, 2014.

BARACK OBAMA ## # 

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