Blocking Property and Suspending Entry Into the United States of Certain Persons Contributing to the Destabilizing Situation in the Western Balkans
| Published date | 10 June 2021 |
| Citation | 86 FR 31079 |
| Record Number | 2021-12382 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Presidential Documents
31079
Federal Register
Vol. 86, No. 110
Thursday, June 10, 2021
Title 3—
The President
Executive Order 14033 of June 8, 2021
Blocking Property and Suspending Entry Into the United
States of Certain Persons Contributing to the Destabilizing
Situation in the Western Balkans
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 Emer-
gencies 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, JOSEPH R. BIDEN JR., President of the United States of America, hereby
expand the scope of the national emergency declared in Executive Order
13219 of June 26, 2001 (Blocking Property of Persons Who Threaten Inter-
national Stabilization Efforts in the Western Balkans), as amended by Execu-
tive Order 13304 of May 28, 2003 (Termination of Emergencies With Respect
to Yugoslavia and Modification of Executive Order 13219 of June 26, 2001),
finding that the situation in the territory of the former Socialist Federal
Republic of Yugoslavia and the Republic of Albania (the Western Balkans),
over the past two decades, including the undermining of post-war agreements
and institutions following the breakup of the former Socialist Federal Repub-
lic of Yugoslavia, as well as widespread corruption within various govern-
ments and institutions in the Western Balkans, stymies progress toward
effective and democratic governance and full integration into transatlantic
institutions, and thereby constitutes an unusual and extraordinary threat
to the national security and foreign policy of the United States.
Accordingly, 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 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withdrawn, or otherwise dealt in: any person determined by the Secretary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 directly or indirectly
engaged in, actions or policies that threaten the peace, security, stability,
or territorial integrity of any area or state in the Western Balkans;
(ii) to be responsible for or complicit in, or to have directly or indirectly
engaged in, actions or policies that undermine democratic processes or
institutions in the Western Balkans;
(iii) to be responsible for or complicit in, or to have directly or indirectly
engaged in, a violation of, or an act that has obstructed or threatened
the implementation of, any regional security, peace, cooperation, or mutual
recognition agreement or framework or accountability mechanism related
to the Western Balkans, including the Prespa Agreement of 2018; the
Ohrid Framework Agreement of 2001; United Nations Security Council
Resolution 1244; the Dayton Accords; or the Conclusions of the Peace
Implementation Conference Council held in London in December 1995,
including the decisions or conclusions of the High Representative, the
Peace Implementation Council, or its Steering Board; or the International
Criminal Tribunal for the former Yugoslavia, or, with respect to the former
Yugoslavia, the International Residual Mechanism for Criminal Tribunals;
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(iv) to be responsible for or complicit in, or to have directly or indirectly
engaged in, serious human rights abuse in the Western Balkans;
(v) to be responsible for or complicit in, or to have directly or indirectly
engaged in, corruption related to the Western Balkans, including corruption
by, on behalf of, or otherwise related to a government in the Western
Balkans, or a current or former government official at any level of govern-
ment in the Western Balkans, such as the misappropriation of public
assets, expropriation of private assets for personal gain or political pur-
poses, or bribery;
(vi) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
any person whose property and interests in property are blocked pursuant
to this order; or
(vii) 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 before the date
of this order.
Sec. 2. The prohibitions in section 1 of this order 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 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. 3. 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 section 1(a) of this order would seriously impair
my ability to deal with the national emergency declared in Executive Order
13219, as amended by Executive Order 13304, and as expanded in this
order, and I hereby prohibit such donations as provided by section 1 of
this order.
Sec. 4. (a) The unrestricted immigrant and nonimmigrant entry into the
United States of noncitizens determined to meet one or more of the criteria
in section l(a) of this order would be detrimental to the interests of the
United States, and the entry of such persons into the United States, as
immigrants or nonimmigrants, is hereby suspended, except when the Sec-
retary of State or the Secretary of Homeland Security, as appropriate, deter-
mines that the person’s entry would not be contrary to the interests of
the United States, including when the Secretary of State or Secretary of
Homeland Security, as appropriate, so determines, based on a recommenda-
tion of the Attorney General, that the person’s entry would further important
United States law enforcement objectives.
(b) The Secretary of State shall implement this order as it applies to
visas pursuant to such procedures as the Secretary of State, in consultation
with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this order as
it applies to the entry of noncitizens pursuant to such procedures as the
Secretary of Homeland Security, in consultation with the Secretary of State,
may establish.
(d) Such persons shall be treated by this section in the same manner
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).
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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 prohibi-
tions 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 ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(b) the term ‘‘noncitizen’’ means any person who is not a citizen or
noncitizen national of the United States;
(c) the term ‘‘person’’ means an individual or entity; and
(d) the term ‘‘United States person’’ means any United States citizen,
lawful permanent resident, 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 Executive Order 13219, as amended
by Executive Order 13304, and as expanded by this order, there need be
no prior notice of a listing or determination made pursuant to 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, consistent with applicable law, redelegate
any of these functions within the Department of the Treasury. All executive
departments and agencies of the United States shall take all appropriate
measures within their authority to implement this order.
Sec. 9. Nothing in this order shall prohibit transactions for the conduct
of the official business of the Federal Government by employees, grantees,
or contractors thereof.
Sec. 10. (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.
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(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.
THE WHITE HOUSE,
June 8, 2021.
[FR Doc. 2021–12382
Filed 6–9–21; 11:15 am]
Billing code 3295–F1–P
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