Blocking Property of Certain Persons Contributing to the Conflict in Somalia

Executive Order 13536 of April 12, 2010

Blocking Property of Certain Persons Contributing
to the Conflict in Somalia

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 5 of the United Nations Participation
Act, as amended (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code,

I, BARACK OBAMA, President of the United States of
America, find that the deterioration of the security
situation and the persistence of violence in Somalia,
and acts of piracy and armed robbery at sea off the
coast of Somalia, which have repeatedly been the
subject of United Nations Security Council resolutions
(including Resolution 1844 of November 20, 2008;
Resolution 1846 of December 2, 2008; Resolution 1851 of
December 16, 2008; and Resolution 1897 of November 30,
2009), and violations of the arms embargo imposed by
the United Nations Security Council in Resolution 733
of January 23, 1992, and elaborated upon and amended by
subsequent resolutions (including Resolution 1356 of
June 19, 2001; Resolution 1725 of December 6, 2006;
Resolution 1744 of February 20, 2007; Resolution 1772
of August 20, 2007; Resolution 1816 of June 2, 2008;
and Resolution 1872 of May 26, 2009), constitute an
unusual and extraordinary threat to the national
security and foreign policy of the United States, and I
hereby declare a national emergency to deal with that
threat.

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exported, withdrawn, or otherwise dealt in: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 Secretary of State:

(A) to have engaged in acts that directly or indirectly threaten the
peace, security, or stability of Somalia, including but not limited to:

(1) acts that threaten the Djibouti Agreement of August 18, 2008, or the
political process; or

(2) acts that threaten the Transitional Federal Institutions, the African
Union Mission in Somalia (AMISOM), or other international peacekeeping
operations related to Somalia;

(B) to have obstructed the delivery of humanitarian assistance to
Somalia, or access to, or distribution of, humanitarian assistance in
Somalia;

(C) to have directly or indirectly supplied, sold, or transferred to
Somalia, or to have been the recipient in the territory of Somalia of, arms
or any related materiel, or any technical advice, training, or assistance,
including financing and financial assistance, related to military
activities;

(D) to have materially assisted, sponsored, or provided financial,
material, logistical, or technical support for, or goods or services in
support of, the activities described in subsections (a)(ii)(A), (a)(ii)(B),
or (a)(ii)(C) of

this section or any person whose property and interests in property are
blocked pursuant to this order; or (E) 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, among other threats to
the peace, security, or stability of Somalia, acts of
piracy or armed robbery at sea off the coast of Somalia
threaten the peace, security, or stability of Somalia.
    (c) I hereby determine that, to the extent section
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply,
the making of donations of the type of articles
specified in such section by, to, or for the benefit of
any person whose property and interests in property are
blocked pursuant to subsection (a) of this section
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.
    (d) 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.

    (e) 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 “Transitional Federal Institutions”
means the Transitional Federal Charter of the Somali
Republic adopted in February 2004 and the Somali
federal institutions established pursuant to such
charter, and includes their agencies,
instrumentalities, and controlled entities; and
    (e) the term “African Union Mission in Somalia”
means the mission authorized by the United Nations
Security Council in Resolution 1744 of February 20,
2007, and reauthorized in subsequent resolutions, and
includes its agencies, instrumentalities, and
controlled entities.

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 those 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 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 the UNPA, 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 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 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 April 13, 2010.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 12, 2010.