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Executive Decree on the Freezing of Assets of Additional Persons Contributing to the Situation in Belarus

By on August 9, 2021 0

By the authority vested in me as President by the Constitution and laws of the United States of America, including the International Emergency Economic Powers Act (50 USC 1701 et seq.) (IEEPA), the National Emergencies Act (50 USC 1601 et seq.) (NEA), section 212 (f) of the Immigration and Nationality Act of 1952 (8 USC 1182 (f)), and section 301 of Title 3, United States Code,

I, JOSEPH R. BIDEN JR., President of the United States of America, hereby extend the scope of the national state of emergency declared in Executive Order 13405 of June 16, 2006 (Blocking of the property of certain persons undermining democratic processes or institutions in Belarus), noting that the harmful activities and long-standing abuses of the Belarusian regime aimed at suppressing democracy and the exercise of human rights and fundamental freedoms in Belarus – including illicit and oppressive activities stemming from the fraudulent presidential election of August 9, 2020 and its consequences, such as the elimination of political opposition and civil society organizations and the disruption and endangerment by the regime of international civilian air travel – pose an unusual and extraordinary threat to US national security and foreign policy.

Accordingly, I hereby order:

Section 1.

(a) All property and interest in property that is in the United States, that will subsequently come to the United States, or that is or will come into the possession or control of any United States person, persons The following are blocked and may not be transferred, paid for, exported, withdrawn or otherwise processed: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:

(i) be or have been an officer, officer, senior officer or board member of:

(A) an entity which has, or whose members have, engaged in any of the activities described in subsections (v) (A) – (E) of this section or section 1 (a) (ii) (A) – (C) of Decree 13405; or

(B) an entity whose ownership and interest in the property are blocked under this Order or Executive Order 13405;

(ii) be a political subdivision, agency or instrument of the government of Belarus;

(iii) be or have been an officer or official of the Belarusian government;

(iv) operate or have operated in the defense and related materiel sector, the security sector, the energy sector, the potassium chloride (potash) sector, the tobacco products sector, the the construction or transport sector of the Belarusian economy, or any other sector of the Belarusian economy as determined by the Secretary of the Treasury, in consultation with the Secretary of State;

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

(A) actions or policies which threaten the peace, security, stability or territorial integrity of Belarus;

(B) actions or policies which prohibit, limit or penalize the exercise of human rights and fundamental freedoms (including freedoms of expression, peaceful assembly, association, religion or belief and movement) by individuals in Belarus, or who restrict access to the Internet or print, online or audiovisual media in Belarus;

(C) electoral fraud or other actions or policies that undermined the electoral process in an election in the Republic of Belarus;

(D) deceptive or structured transactions or transactions to circumvent any United States sanction by or for or on behalf of, or for the benefit, directly or indirectly, of the Government of Belarus or any person whose property and interest in the property are blocked under this decree or decree 13405; or

(E) Belarus-related public corruption.

(vi) 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 subsections (v) (A) – (E) of this section or any person whose property and patrimonial interests are blocked in application of this ordinance; or

(vii) be owned or controlled by, or have acted or purported to act for or on behalf of, directly or indirectly, the government of Belarus or any person whose assets and interests in property are blocked under this Ordinance.

(b) The prohibitions in subsection (a) of this article apply, except to the extent provided by law, or in regulations, orders, directives or licenses which may be issued under this Ordinance, and notwithstanding any contract concluded or any license or permit granted before the date of this Order.

Second. 2. The prohibitions referred to in article 1 of this decree 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 interest in the property is blocked under this Ordinance; and

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

Second. 3. I hereby determine that making donations of the types of items specified in Section 203 (b) (2) of the IEEPA (50 USC 1702 (b) (2)) by, to, or for the benefit of any person whose property and interests in the property are frozen in accordance with section 1 (a) of this ordinance would seriously impair my ability to deal with the national emergency declared in Executive Ordinance 13405 and expanded in this order, and I hereby prohibit such donations as provided for in section 1 of this order.

Second. 4.

(a) The unrestricted entry of immigrants and non-immigrants to the United States of non-nationals determined to meet one or more of the criteria in Section l of this Ordinance would be prejudicial to the interests of the United States, and the entry of such persons into the United States, as immigrants or non-immigrants, is hereby suspended, except when the Secretary of State or the Secretary of Homeland Security, as the case may be, determines that the entry of the person would not be against the interests of the United States, including where the Secretary of State or the Secretary of Homeland Security, as the case may be, so determines, based on a recommendation from the Attorney General , that the person’s entry would assist in the achievement of important law enforcement objectives in the United States.

(b) The Secretary of State shall implement this Order as it applies to visas in accordance with such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.

(c) The Secretary of Homeland Security shall apply this Order as it applies to the entry of non-nationals in accordance with procedures which the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. .

(d) Such persons will be treated by this article in the same way as persons covered by article 1 of Proclamation 8693 of July 24, 2011 (Suspension of entry of aliens subject to the travel bans of the Security Council United Nations and sanctions under the International Emergency Economic Powers Act).

Second. 5.

(a) Any transaction which circumvents or avoids, aims to circumvent or avoid, causes a violation or attempts to violate any of the prohibitions set out in this ordinance is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions set out in this decree is prohibited.

Second. 6. For the purposes of this order:

(a) the term “entity” means a partnership, association, trust, joint venture, company, group, sub-group or other organization;

(b) The term “Government of Belarus” means the Government of Belarus, any political subdivision, agency or instrument thereof, including the National Bank of the Republic of Belarus, and any person owned, controlled or directed by, or acting for or on behalf of the Government of Belarus;

(c) the term “non-citizen” means any person who is not a citizen or non-national of the United States;

(d) the term “person” means an individual or an entity; and

(e) the term “person of the United States” means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction in the United States (including foreign branches), or any person in the USA.

Second. 7. For persons whose ownership and interests in the property are frozen under this ordinance and who may have a constitutional presence in the United States, I find that due to the possibility of transferring funds or other instantly active, advising such persons of action to be taken under this order would render such action ineffective. I therefore determine that for these measures to be effective in dealing with the national emergency declared in Executive Decree 13405 and extended in this decree, there is no need for prior notification of a registration or a decision. taken in accordance with this decree.

Second. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such action, including the promulgation of rules and regulations, and to use all powers vested in the President by the IEEPA. which may be necessary to carry out the purposes of this command. The Secretary of the Treasury may, in accordance with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies in the United States will take all appropriate actions within their authority to implement this Order.

Second. 9. Nothing in this Order prohibits transactions for the conduct of official business of the Federal Government by employees, beneficiaries or contractors thereof.

Second. ten.

(a) Nothing in this order should be interpreted as prejudicing or otherwise affecting:

(i) the authority granted by law to a ministry or executive body, or to its head; or

(ii) the functions of the Director of the Bureau of Management and Budget relating to budgetary, administrative or legislative proposals.

(b) This decree is executed in accordance with applicable law and subject to the availability of credits.

(c) This order is not intended to create and does not create any right or benefit, substantial or procedural, enforceable in 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.

JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

August 9, 2021.

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