Blocking Property With Respect to Certain Russian Energy Export Pipelines

Published date24 August 2021
Citation86 FR 47205
Record Number2021-18306
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 86 Issue 161 (Tuesday, August 24, 2021)
[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
                [Presidential Documents]
                [Pages 47205-47207]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-18306] Presidential Documents
                Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 47205]]
                 Executive Order 14039 of August 20, 2021
                
                Blocking Property With Respect to Certain Russian
                 Energy Export Pipelines
                 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), the Protecting Europe's Energy Security Act of
                 2019 (Title LXXV, National Defense Authorization Act
                 for Fiscal Year 2020, Public Law 116-92), as amended by
                 section 1242 of the National Defense Authorization Act
                 for Fiscal Year 2021 (Public Law 116-283) (PEESA), and
                 section 301 of title 3, United States Code,
                 I, JOSEPH R. BIDEN JR., President of the United States
                 of America, in order to take additional steps with
                 respect to the national emergency declared in Executive
                 Order 14024 of April 15, 2021 (Blocking Property With
                 Respect To Specified Harmful Foreign Activities of the
                 Government of the Russian Federation), hereby order:
                 Section 1. (a) With respect to any foreign person
                 identified by the Secretary of State, in consultation
                 with the Secretary of the Treasury, in a report to the
                 Congress pursuant to section 7503(a)(1)(B) of PEESA,
                 all property and interests in property of such person
                 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 are blocked and may not be transferred, paid,
                 exported, withdrawn, or otherwise dealt in.
                 (b) Sanctions under subsection (a) of this section
                 shall not apply to any foreign person with respect to
                 whom a waiver under section 7503(f) of PEESA has been
                 issued.
                 (c) 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. 2. The Secretary of State shall implement section
                 7503(b) of PEESA as it applies to visas, and the
                 Secretary of Homeland Security shall implement section
                 7503(b) of PEESA as it applies to admission and parole.
                 Such implementation shall be consistent with any
                 exceptions or waivers provided by statute, or in
                 regulations, orders, or directives that may be issued
                 pursuant to this order.
                 Sec. 3. 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. 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.
                [[Page 47206]]
                 Sec. 5. 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 this order would
                 seriously impair my ability to deal with the national
                 emergency declared in Executive Order 14024, and I
                 hereby prohibit such donations as provided by section 1
                 of this order.
                 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 ``foreign person'' means an individual
                 or entity that is not a United States person;
                 (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 14024, there need be no prior notice
                 of a listing or determination made pursuant to section
                 1 of 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 and PEESA, 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 departments and agencies of the
                 United States shall take all appropriate measures
                 within their authority to carry out the provisions of
                 this order.
                 Sec. 9. Nothing in this order shall prohibit
                 transactions for the conduct of the official business
                 of the Federal Government or the United Nations,
                 including its programs, funds, and other entities and
                 bodies, as well as its specialized agencies and related
                 organizations, by employees, grantees, and 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.
                [[Page 47207]]
                 (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,
                 August 20, 2021.
                [FR Doc. 2021-18306
                Filed 8-23-21; 8:45 am]
                Billing code 3295-F1-P
                

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