09 07 14 Executive Order — Regarding the Democratic Republic of the Congo
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.), section 5 of the United Nations Participation Act (22
U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code,
I,
BARACK OBAMA, President of the United States of America, in order to take
additional steps to deal with the national emergency with respect to the
situation in or in relation to the Democratic Republic of the Congo declared in
Executive Order 13413 of October 27, 2006, in view of multiple United Nations
Security Council Resolutions including, most recently, Resolution 2136 of
January 30, 2014, and in light of the continuation of activities that threaten
the peace, security, or stability of the Democratic Republic of the Congo and
the surrounding region, including operations by armed groups, widespread
violence and atrocities, human rights abuses, recruitment and use of child
soldiers, attacks on peacekeepers, obstruction of humanitarian operations, and
exploitation of natural resources to finance persons engaged in these
activities, hereby order:
Section 1. Subsection (a) of section 1 of
Executive Order 13413 is hereby amended to read as
follows:
"(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exported, withdrawn, or otherwise dealt in:
(i) the persons listed in
the Annex to this order; and
(ii) any person determined by the Secretary
of the Treasury, in consultation with the Secretary of State:
(A) to be
a political or military leader of a foreign armed group operating in the
Democratic
Republic of the Congo that impedes the disarmament,
demobilization, voluntary repatriation, resettlement, or reintegration of
combatants;
(B) to be a political or military leader of a Congolese
armed group that impedes the disarmament, demobilization, voluntary
repatriation, resettlement, or reintegration of combatants;
(C) to be
responsible for or complicit in, or to have engaged in, directly or indirectly,
any of the following in or in relation to the Democratic Republic of the
Congo:
(1) actions or policies that threaten the peace, security, or
stability of the Democratic Republic of the Congo;
(2) actions or
policies that undermine democratic processes or institutions in the Democratic
Republic of the Congo;
(3) the targeting of women, children, or any
civilians through the commission of acts of violence (including killing,
maiming, torture, or rape or other sexual violence), abduction, forced
displacement, or attacks on schools, hospitals, religious sites, or locations
where civilians are seeking refuge, or through conduct that would constitute a
serious abuse or violation of human rights or a violation of international
humanitarian law;
(4) the use or recruitment of children by armed groups
or armed forces in the context of the conflict in the Democratic Republic of the
Congo;
(5) the obstruction of the delivery or distribution of, or access
to, humanitarian assistance;
(6) attacks against United Nations
missions, international security presences, or other peacekeeping operations;
or
(7) support to persons, including armed groups, involved in
activities that threaten the peace, security, or stability of the Democratic
Republic of the Congo or that undermine democratic processes or institutions in
the Democratic Republic of the Congo, through the illicit trade in natural
resources of the Democratic Republic of the Congo;
(D) except where
intended for the authorized support of humanitarian activities or the authorized
use by or support of peacekeeping, international, or government forces, to have
directly or indirectly supplied, sold, or transferred to the Democratic Republic
of the Congo, or been the recipient in the territory of the Democratic Republic
of the Congo of, arms and related materiel, including military aircraft and
equipment, or advice, training, or assistance, including financing and financial
assistance, related to military activities;
(E) to be a leader of (i) an
entity, including any armed group, that has, or whose members have, engaged in
any of the activities described in subsections (a)(ii)(A) through (a)(ii)(D) of
this section or (ii) an entity whose property and interests in property are
blocked pursuant to this order;
(F) to have materially assisted,
sponsored, or provided financial, material, logistical, or technological support
for, or goods or services in support of (i) any of the activities described in
subsections (a)(ii)(A) through (a)(ii)(D) of this section or (ii) any person
whose property and interests in property are blocked pursuant to this order;
or
(G) 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."
Sec. 2. New
subsection (d) is hereby added to section 1 of Executive Order 13413 to read as
follows:
"(d)
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. 3. Section 2 of Executive Order 13413 is hereby amended to
read as follows:
"Sec. 2. (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. 4. 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 and the
UNPA, as may be necessary to carry out the purposes of this order and Executive
Order 13413, as amended by 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.
Sec. 5. 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 and
Executive Order 13413, as amended by this order.
Sec. 6. 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.
BARACK
OBAMA