Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade

CourtExecutive Office Of The President
Citation86 FR 71549
Record Number2021-27505
Publication Date17 December 2021
Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)
[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
                [Presidential Documents]
                [Pages 71549-71553]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-27505] Presidential Documents
                Federal Register / Vol. 86 , No. 240 / Friday, December 17, 2021 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 71549]]
                 Executive Order 14059 of December 15, 2021
                
                Imposing Sanctions on Foreign Persons Involved in
                 the Global Illicit Drug Trade
                 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 Fentanyl Sanctions Act (21 U.S.C. 2301 et
                 seq.) (FSA), sections 212(f) and 215(a) of the
                 Immigration and Nationality Act of 1952 (8 U.S.C.
                 1182(f) and 1185(a)), and section 301 of title 3,
                 United States Code,
                 I, JOSEPH R. BIDEN JR., President of the United States
                 of America, find that the trafficking into the United
                 States of illicit drugs, including fentanyl and other
                 synthetic opioids, is causing the deaths of tens of
                 thousands of Americans annually, as well as countless
                 more non-fatal overdoses with their own tragic human
                 toll. Drug cartels, transnational criminal
                 organizations, and their facilitators are the primary
                 sources of illicit drugs and precursor chemicals that
                 fuel the current opioid epidemic, as well as drug-
                 related violence that harms our communities. I find
                 that international drug trafficking--including the
                 illicit production, global sale, and widespread
                 distribution of illegal drugs; the rise of extremely
                 potent drugs such as fentanyl and other synthetic
                 opioids; as well as the growing role of Internet-based
                 drug sales--constitutes an unusual and extraordinary
                 threat to the national security, foreign policy, and
                 economy of the United States. This serious threat
                 requires our country to modernize and update our
                 response to drug trafficking. I hereby declare a
                 national emergency to deal with that threat.
                 Accordingly, I hereby order:
                 Section 1. (a) The Secretary of the Treasury is
                 authorized to impose any of the sanctions described in
                 section 2 of this order on any foreign person
                 determined by the Secretary of the Treasury, in
                 consultation with the Secretary of State, the Attorney
                 General, and the Secretary of Homeland Security:
                (i) to have engaged in, or attempted to engage in, activities or
                transactions that have materially contributed to, or pose a significant
                risk of materially contributing to, the international proliferation of
                illicit drugs or their means of production; or
                (ii) to have knowingly received any property or interest in property that
                the foreign person knows:
                 (A) constitutes or is derived from proceeds of
                 activities or transactions that have materially
                 contributed to, or pose a significant risk of
                 materially contributing to, the international
                 proliferation of illicit drugs or their means of
                 production; or
                 (B) was used or intended to be used to commit or to
                 facilitate activities or transactions that have
                 materially contributed to, or pose a significant risk
                 of materially contributing to, the international
                 proliferation of illicit drugs or their means of
                 production.
                 (b) The Secretary of the Treasury is authorized to
                 impose any of the sanctions described in section 2 of
                 this order on any foreign person determined by the
                 Secretary of the Treasury, in consultation with the
                 Secretary of State, the Attorney General, and the
                 Secretary of Homeland Security:
                (i) to have provided, or attempted to provide, financial, material, or
                technological support for, or goods or services in support of:
                [[Page 71550]]
                 (A) any activity or transaction described in
                 subsection (a)(i) of this section; or
                 (B) any sanctioned person;
                (ii) to be or have been a leader or official of any sanctioned person or of
                any foreign person that has engaged in any activity or transaction
                described in subsection (a)(i) of this section; or
                (iii) to be owned, controlled, or directed by, or to have acted or
                purported to act for or on behalf of, directly or indirectly, any
                sanctioned person.
                 (c) The Secretary of the Treasury is authorized to
                 impose any of the sanctions described in section 2 of
                 this order consistent with the requirements of section
                 7212 of the FSA (21 U.S.C. 2312) on any foreign person
                 determined by the President, or by the Secretary of the
                 Treasury pursuant to authority delegated by the
                 President and in accordance with the terms of such
                 delegation, to be subject to sanctions pursuant to
                 section 7212 of the FSA.
                 Sec. 2. When the Secretary of the Treasury, in
                 accordance with the terms of section 1 of this order,
                 has determined that a foreign person meets any of the
                 criteria in section 1(a)-(c) of this order, the
                 Secretary of the Treasury, in consultation with the
                 Secretary of State, the Attorney General, and the
                 Secretary of Homeland Security, is authorized to select
                 one or more of the sanctions set forth in subsections
                 (a)(i)-(vi) of this section to impose on that foreign
                 person.
                 (a) The Secretary of the Treasury shall take the
                 following actions as necessary to implement the
                 selected sanctions:
                (i) block all property and interests in property of the sanctioned 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, and provide that such property and interests in
                property may not be transferred, paid, exported, withdrawn, or otherwise
                dealt in;
                (ii) prohibit any transfers of credit or payments between financial
                institutions, or by, through, or to any financial institution, to the
                extent that such transfers or payments are subject to the jurisdiction of
                the United States and involve any interest of the sanctioned person;
                (iii) prohibit any United States financial institution from making loans or
                providing credit to the sanctioned person;
                (iv) prohibit any transactions in foreign exchange that are subject to the
                jurisdiction of the United States and in which the sanctioned person has
                any interest;
                (v) prohibit any United States person from investing in or purchasing
                significant amounts of equity or debt instruments of the sanctioned person;
                or
                (vi) impose on the principal executive officer or officers of the
                sanctioned person, or on persons performing similar functions and with
                similar authorities as such officer or officers, any of the sanctions
                described in subsections (a)(i)-(v) of this section that are applicable.
                 (b) The heads of the relevant executive departments
                 and agencies, in consultation with the Secretary of the
                 Treasury, shall take the following actions as necessary
                 and appropriate to implement the sanctions selected by
                 the Secretary of the Treasury:
                (i) with respect to a sanctioned person that is a financial institution:
                 (A) the Board of Governors of the Federal Reserve
                 System and the Federal Reserve Bank of New York shall
                 not designate, and shall rescind any prior designation
                 of, the sanctioned person as a primary dealer in United
                 States Government debt instruments; and
                 (B) the sanctioned person shall not serve as an
                 agent of the United States Government or serve as a
                 repository for United States Government funds;
                [[Page 71551]]
                (ii) actions required to ensure that executive departments and agencies
                shall not procure, or enter into a contract for the procurement of, any
                goods or services from the sanctioned person;
                (iii) actions required to suspend entry into the United States of any
                noncitizen whom the Secretary of the Treasury, in consultation with the
                Secretary of State, the Attorney General, and the Secretary of Homeland
                Security, determines is a leader, official, senior executive officer, or
                director of, or a shareholder with a controlling interest in, the
                sanctioned person; or
                (iv) actions required to impose on the principal executive officer or
                officers of the sanctioned person, or on persons performing similar
                functions and with similar authorities as such officer or officers, any of
                the sanctions described in subsections (b)(i)-(iii) of this section that
                are applicable.
                 Sec. 3. The prohibitions in section 2 of this order
                 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. 4. (a) The unrestricted immigrant and nonimmigrant
                 entry into the United States of noncitizens determined
                 to meet any of the criteria in section l(a)-(c) of this
                 order, and for whom the sanctions described in section
                 2(a)(i) or 2(b)(iii) of this order have been selected,
                 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 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
                 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).
                 Sec. 5. The prohibitions in section 2(a)(i) 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. 6. (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. 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 are blocked pursuant to 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 2(a) of this
                 order.
                [[Page 71552]]
                 Sec. 8. For the purpose of this order:
                 (a) the term ``entity'' means a partnership,
                 association, trust, joint venture, corporation, group,
                 subgroup, or other organization;
                 (b) the term ``financial institution'' includes a
                 depository institution (as defined in section 3(c)(l)
                 of the Federal Deposit Insurance Act (12 U.S.C.
                 1813(c)(l))), including a branch or agency of a foreign
                 bank (as defined in section 1(b)(7) of the
                 International Banking Act of 1978 (12 U.S.C. 3101(7)));
                 a credit union; a securities firm, including a broker
                 or dealer; an insurance company, including an agency or
                 underwriter; and any other company that provides
                 financial services;
                 (c) the term ``foreign person'' means any citizen
                 or national of a foreign state (including any such
                 individual who is also a citizen or national of the
                 United States, provided such individual does not reside
                 in the United States) or any entity not organized under
                 the laws of the United States;
                 (d) the term ``knowingly'' or ``knows'' with
                 respect to conduct, a circumstance, or a result, means
                 that a person has actual knowledge, or should have
                 known, of the conduct, the circumstance, or the result;
                 (e) the phrase ``means of production'' includes any
                 activities or transactions involving any equipment,
                 chemical, product, or material that may be used,
                 directly or indirectly, in the manufacture of illicit
                 drugs or precursor chemicals;
                 (f) the term ``noncitizen'' means any person who is
                 not a citizen or noncitizen national of the United
                 States;
                 (g) the term ``person'' means an individual or
                 entity;
                 (h) the term ``proliferation of illicit drugs''
                 means any illicit activity to produce, manufacture,
                 distribute, sell, or knowingly finance or transport:
                 narcotic drugs, controlled substances, listed
                 chemicals, or controlled substance analogues, as
                 defined in section 102 of the Controlled Substances Act
                 (21 U.S.C. 802);
                 (i) the term ``sanctioned person'' means any person
                 sanctioned pursuant to this order;
                 (j) the term ``United States financial
                 institution'' means a financial institution (including
                 its foreign branches) organized under the laws of the
                 United States or of any jurisdiction within the United
                 States or located in the United States; and
                 (k) 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. 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 those 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 this order.
                 Sec. 10. The Secretary of the Treasury, in consultation
                 with the Secretary of State, the Attorney General, and
                 the Secretary of Homeland Security, is authorized to
                 take such actions, including promulgating rules and
                 regulations, and to employ all powers granted to the
                 President by the FSA or 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 executive departments and agencies shall take all
                 appropriate measures within their authority to
                 implement the provisions of this order.
                [[Page 71553]]
                 Sec. 11. 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. 12. (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.
                 (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,
                 December 15, 2021.
                [FR Doc. 2021-27505
                Filed 12-16-21; 8:45 am]
                Billing code 3395-F2-P
                

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