Blocking Property of Certain Persons Associated With the International Criminal Court
| Published date | 15 June 2020 |
| Citation | 85 FR 36139 |
| Record Number | 2020-12953 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 115 (Monday, June 15, 2020)
[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Presidential Documents]
[Pages 36139-36142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12953]
Presidential Documents
Federal Register / Vol. 85 , No. 115 / Monday, June 15, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 36139]]
Executive Order 13928 of June 11, 2020
Blocking Property of Certain Persons Associated
With the International Criminal Court
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, DONALD J. TRUMP, President of the United States of
America, find that the situation with respect to the
International Criminal Court (ICC) and its illegitimate
assertions of jurisdiction over personnel of the United
States and certain of its allies, including the ICC
Prosecutor's investigation into actions allegedly
committed by United States military, intelligence, and
other personnel in or relating to Afghanistan,
threatens to subject current and former United States
Government and allied officials to harassment, abuse,
and possible arrest. These actions on the part of the
ICC, in turn, threaten to infringe upon the sovereignty
of the United States and impede the critical national
security and foreign policy work of United States
Government and allied officials, and thereby threaten
the national security and foreign policy of the United
States. The United States is not a party to the Rome
Statute, has never accepted ICC jurisdiction over its
personnel, and has consistently rejected ICC assertions
of jurisdiction over United States personnel.
Furthermore, in 2002, the United States Congress
enacted the American Service-Members' Protection Act
(22 U.S.C. 7421 et seq.) which rejected the ICC's
overbroad, non-consensual assertions of jurisdiction.
The United States remains committed to accountability
and to the peaceful cultivation of international order,
but the ICC and parties to the Rome Statute must
respect the decisions of the United States and other
countries not to subject their personnel to the ICC's
jurisdiction, consistent with their respective
sovereign prerogatives. The United States seeks to
impose tangible and significant consequences on those
responsible for the ICC's transgressions, which may
include the suspension of entry into the United States
of ICC officials, employees, and agents, as well as
their immediate family members. The entry of such
aliens into the United States would be detrimental to
the interests of the United States and denying them
entry will further demonstrate the resolve of the
United States in opposing the ICC's overreach by
seeking to exercise jurisdiction over personnel of the
United States and our allies, as well as personnel of
countries that are not parties to the Rome Statute or
have not otherwise consented to ICC jurisdiction.
I therefore determine that any attempt by the ICC to
investigate, arrest, detain, or prosecute any United
States personnel without the consent of the United
States, or of personnel of countries that are United
States allies and who are not parties to the Rome
Statute or have not otherwise consented to ICC
jurisdiction, constitutes 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 determine
and 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
[[Page 36140]]
the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise
dealt in:
(i) any foreign person determined by the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney General:
(A) to have directly engaged in any effort by the ICC to investigate,
arrest, detain, or prosecute any United States personnel without the
consent of the United States;
(B) to have directly engaged in any effort by the ICC to investigate,
arrest, detain, or prosecute any personnel of a country that is an ally of
the United States without the consent of that country's government;
(C) 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)(A) or (a)(i)(B) of
this section or any person whose property and interests in property are
blocked pursuant to this order; or
(D) 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. 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 this order, and I
hereby prohibit such donations as provided by section
1(a) of this order.
Sec. 3. The prohibitions in section 1(a) 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 section 1(a) of this order; and
(b) the receipt of any contribution or provision of
funds, goods, or services from any such person.
Sec. 4. The unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to
meet one or more of the criteria in section 1(a) of
this order, as well as immediate family members of such
aliens, or aliens determined by the Secretary of State
to be employed by, or acting as an agent of, the ICC,
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 where the Secretary of State
determines that the entry of the person into the United
States would not be contrary to the interests of the
United States, including when the Secretary so
determines, based on a recommendation of the Attorney
General, that the person's entry would further
important United States law enforcement objectives. In
exercising this responsibility, the Secretary of State
shall consult the Secretary of Homeland Security on
matters related to admissibility or inadmissibility
within the authority of the Secretary of Homeland
Security. 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). The Secretary
of State shall have the responsibility for implementing
this section pursuant to such conditions and procedures
as the Secretary has established or may establish
pursuant to Proclamation 8693.
[[Page 36141]]
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. 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. 7. For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a government or
instrumentality of such government, partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization, including an
international organization;
(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;
(d) the term ``United States personnel'' means any
current or former members of the Armed Forces of the
United States, any current or former elected or
appointed official of the United States Government, and
any other person currently or formerly employed by or
working on behalf of the United States Government;
(e) the term ``personnel of a country that is an
ally of the United States'' means any current or former
military personnel, current or former elected or
appointed official, or other person currently or
formerly employed by or working on behalf of a
government of a North Atlantic Treaty Organization
(NATO) member country or a ``major non-NATO ally'', as
that term is defined by section 2013(7) of the American
Service-Members' Protection Act (22 U.S.C. 7432(7));
and
(f) the term ``immediate family member'' means
spouses and children.
Sec. 8. 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
section 1 of 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. 9. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including adopting rules and
regulations, and to employ all powers granted to me by
IEEPA as may be necessary to implement this order. The
Secretary of the Treasury may, consistent with
applicable law, redelegate any of these functions
within the Department of the Treasury. All departments
and agencies of the United States shall take all
appropriate measures within their authority to
implement this order.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
submit 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. 11. (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.
[[Page 36142]]
(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 person.
(Presidential Sig.)
THE WHITE HOUSE,
June 11, 2020.
[FR Doc. 2020-12953
Filed 6-12-20; 8:45 am]
Billing code 3295-F0-P
