Executive Order  13581

Blocking Property of Transnational Criminal Organizations

Executive order
13581
Federal Register citation
76 FR 44757
Document number
2011-19156
Issuing office
Executive Office of the President

The document

As published, with the source's own line breaks.

Executive Order 13581 of July 24, 2011

Blocking Property of Transnational Criminal
Organizations

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), and section 301 of title 3, United States Code,

I, BARACK OBAMA, President of the United States of
America, find that the activities of significant
transnational criminal organizations, such as those
listed in the Annex to this order, have reached such
scope and gravity that they threaten the stability of
international political and economic systems. Such
organizations are becoming increasingly sophisticated
and dangerous to the United States; they are
increasingly entrenched in the operations of foreign
governments and the international financial system,
thereby weakening democratic institutions, degrading
the rule of law, and undermining economic markets.
These organizations facilitate and aggravate violent
civil conflicts and increasingly facilitate the
activities of other dangerous persons. I therefore
determine that significant transnational criminal
organizations constitute an unusual and extraordinary
threat to the national security, foreign policy, and
economy of the United States, and hereby declare a
national emergency to deal with that threat.

Accordingly, I hereby order:

Section 1. (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 overseas branch, of the following
persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:

(i) the persons listed in the Annex to this order and

(ii) any person determined by the Secretary of the Treasury, in
consultation with the Attorney General and the Secretary of State:

(A) to be a foreign person that constitutes a significant transnational
criminal organization;

(B) 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; or

(C) 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.

(b) 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 subsection (a) of this
section.
(c) The prohibitions in subsection (a) of this
section include, but are not limited to:

(i) 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

(ii) the receipt of any contribution or provision of funds, goods, or
services from any such person.

(d) 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 effective date
of this order.

Sec. 2. (a) Any transaction by a United States person
or within the United States 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. 3. For the purposes of this order:

(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) the term ``United States person'' means any
United States citizen, permanent resident alien, 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 ``foreign person'' means any citizen
or national of a foreign state, or any entity organized
under the laws of a foreign state or existing in a
foreign state, including any such individual or entity
who is also a United States person; and
(e) the term ``significant transnational criminal
organization'' means a group of persons, such as those
listed in the Annex to this order, that includes one or
more foreign persons; that engages in an ongoing
pattern of serious criminal activity involving the
jurisdictions of at least two foreign states; and that
threatens the national security, foreign policy, or
economy of the United States.

Sec. 4. 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 these measures ineffectual. I
therefore determine that for these 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 section 1(a)
of this order.

Sec. 5. The Secretary of the Treasury, in consultation
with the Attorney General and 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 redelegate any
of these functions to other officers and agencies of
the United States Government consistent with applicable
law. All agencies of the United States Government are
hereby directed to take all appropriate measures within
their authority to carry out the provisions of this
order.

Sec. 6. The Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State,
is hereby authorized to submit the 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. 7. The Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State,
is hereby authorized to determine that

circumstances no longer warrant the blocking of the
property and interests in property of a person listed
in the Annex to this order, and to take necessary
action to give effect to that determination.

Sec. 8. 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.

Sec. 9. This order is effective at 12:01 a.m. eastern
daylight time on July 25, 2011.

THE WHITE HOUSE,

July 24, 2011.

[GRAPHIC] [TIFF OMITTED] TD27JY11.023

Sources

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