Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to Continued Russian Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine

CourtExecutive Office Of The President
Citation87 FR 10293
Published date23 February 2022
Record Number2022-04020
Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)
[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
                [Presidential Documents]
                [Pages 10293-10296]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-04020]
                [[Page 10291]]
                Vol. 87
                Wednesday,
                No. 36
                February 23, 2022
                Part IIIThe President-----------------------------------------------------------------------
                Executive Order 14065--Blocking Property of Certain Persons and
                Prohibiting Certain Transactions With Respect to Continued Russian
                Efforts To Undermine the Sovereignty and Territorial Integrity of
                Ukraine
                 Presidential Documents
                Federal Register / Vol. 87 , No. 36 / Wednesday, February 23, 2022 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 10293]]
                 Executive Order 14065 of February 21, 2022
                
                Blocking Property of Certain Persons and
                 Prohibiting Certain Transactions With Respect to
                 Continued Russian Efforts To Undermine the Sovereignty
                 and Territorial Integrity of 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, JOSEPH R. BIDEN JR., President of the United States
                 of America, hereby expand the scope of the national
                 emergency declared in Executive Order 13660 of March 6,
                 2014, and expanded by Executive Order 13661 of March
                 16, 2014, and Executive Order 13662 of March 20, 2014,
                 and relied on for additional steps taken in Executive
                 Order 13685 of December 19, 2014, and Executive Order
                 13849 of September 20, 2018, finding that the Russian
                 Federation's purported recognition of the so-called
                 Donetsk People's Republic (DNR) or Luhansk People's
                 Republic (LNR) regions of Ukraine contradicts Russia's
                 commitments under the Minsk agreements and further
                 threatens the peace, stability, sovereignty, and
                 territorial integrity of Ukraine, 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) The following are prohibited:
                (i) new investment in the so-called DNR or LNR regions of Ukraine or such
                other regions of Ukraine as may be determined by the Secretary of the
                Treasury, in consultation with the Secretary of State (collectively, the
                ``Covered Regions''), by a United States person, wherever located;
                (ii) the importation into the United States, directly or indirectly, of any
                goods, services, or technology from the Covered Regions;
                (iii) the exportation, reexportation, sale, or supply, directly or
                indirectly, from the United States, or by a United States person, wherever
                located, of any goods, services, or technology to the Covered Regions; and
                (iv) any approval, financing, facilitation, or guarantee by a United States
                person, wherever located, of a transaction by a foreign person where the
                transaction by that foreign person would be prohibited by this section if
                performed by a United States person or within the United States.
                 (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 license or
                 permit granted prior to the date of this order.
                 Sec. 2. (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:
                [[Page 10294]]
                (i) to operate or have operated since the date of this order in the Covered
                Regions;
                (ii) to be or have been since the date of this order a leader, official,
                senior executive officer, or member of the board of directors of an entity
                operating in the Covered Regions;
                (iii) 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; or
                (iv) 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.
                 (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 date of this
                 order.
                 Sec. 3. The prohibitions in section 2 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. 4. (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. 5. 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. 6. (a) The unrestricted immigrant and nonimmigrant
                 entry into the United States of noncitizens determined
                 to meet one or more of the criteria in section 2 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 where the Secretary of State
                 or the Secretary of Homeland Security, as appropriate,
                 determines that the person's entry would not be
                 contrary to the interests of the United States,
                 including when the Secretary of State or the Secretary
                 of Homeland Security, as appropriate, so determines,
                 based on a recommendation 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
                 authority 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).
                 Sec. 7. 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
                [[Page 10295]]
                 are blocked pursuant to this order would seriously
                 impair my ability to deal with the national emergency
                 declared in Executive Order 13660, expanded in
                 Executive Orders 13661 and 13662, and further expanded
                 by this order, and I hereby prohibit such donations as
                 provided by section 2 of this order.
                 Sec. 8. 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 ``person'' means an individual or
                 entity;
                 (c) 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;
                 (d) the term ``noncitizen'' means any person who is
                 not a citizen or noncitizen national of the United
                 States; and
                 (e) the term ``region of Ukraine'' includes the
                 land territory in that region as well as any maritime
                 area over which sovereignty, sovereign rights, or
                 jurisdiction is claimed based on purported sovereignty
                 over that land territory or area.
                 Sec. 9. 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 13660, expanded in Executive Orders
                 13661 and 13662, and further expanded by this order,
                 there need be no prior notice of a listing or
                 determination made pursuant to section 2 of this order.
                 Sec. 10. 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. 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.
                 (b) This order shall be implemented consistent with
                 applicable law and subject to the availability of
                 appropriations.
                [[Page 10296]]
                 (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,
                 February 21, 2022.
                [FR Doc. 2022-04020
                Filed 2-22-22; 11:15 am]
                Billing code 3395-F2-P
                

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