Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to Continued Russian Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine
| Published date | 23 February 2022 |
| Citation | 87 FR 10293 |
| Record Number | 2022-04020 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
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
