Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade
| Published date | 17 December 2021 |
| Citation | 86 FR 71549 |
| Record Number | 2021-27505 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
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
