Taking Additional Steps to Address the National Emergency With Respect to Somalia

Executive Order 13620 of July 20, 2012

Taking Additional Steps to Address the National
Emergency With Respect to 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 (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, in order to take additional steps to deal with
the national emergency with respect to the situation in
Somalia declared in Executive Order 13536 of April 12,
2010, in view of United Nations Security Council
Resolution 2036 of February 22, 2012, and Resolution
2002 of July 29, 2011, and to address: exports of
charcoal from Somalia, which generate significant
revenue for al-Shabaab; the misappropriation of Somali
public assets; and certain acts of violence committed
against civilians in Somalia, all of which contribute
to the deterioration of the security situation and the
persistence of violence in Somalia, hereby order:

Section 1. Section 1(a) of Executive Order 13536 is
hereby amended to read as follows:

    “(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 foreign 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withdrawn or otherwise dealt in: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;
    (2) acts that threaten the Transitional Federal
Institutions or future Somali governing institutions,
the African Union Mission in Somalia (AMISOM), or other
future international peacekeeping operations related to
Somalia; or
    (3) acts to misappropriate Somali public assets;
    (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 be responsible for or complicit in, or
responsible for ordering, controlling, or otherwise
directing, or to have participated in, the commission
of acts of violence targeting civilians in Somalia,
including killing and

maiming, sexual and gender-based violence, attacks on
schools and hospitals, taking hostages, and forced
displacement;
    (E) to be a political or military leader recruiting
or using children in armed conflict in Somalia;
    (F) to have engaged, directly or indirectly, in the
import or export of charcoal from Somalia on or after
February 22, 2012;
    (G) 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) through
(F) of this section or any person whose property and
interests in property are blocked pursuant to this
order; or
    (H) 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.”

Sec. 2. (a) The importation into the United States,
directly or indirectly, of charcoal from Somalia is
prohibited.

    (b) The prohibition in subsection (a) of this
section applies 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. 3. (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. 4. 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;
and
    (d) the term “charcoal” means any product
classifiable in heading 3802 or 4402 of the Harmonized
Tariff Schedule of the United States.

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. 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. 7. This order is effective at 2:00 p.m. eastern
daylight time on July 20, 2012.

    (Presidential Sig.)

THE WHITE HOUSE,

    July 20, 2012.