Blocking Property of Certain Persons With Respect to South Sudan

Executive Order 13664 of April 3, 2014

Blocking Property of Certain Persons With Respect
to South Sudan

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 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)), and section
301 of title 3, United States Code,

I, BARACK OBAMA, President of the United States of
America, find that the situation in and in relation to
South Sudan, which has been marked by activities that
threaten the peace, security, or stability of South
Sudan and the surrounding region, including widespread
violence and atrocities, human rights abuses,
recruitment and use of child soldiers, attacks on
peacekeepers, and obstruction of humanitarian
operations, poses 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 foreign branch) of the following
persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in: any person
determined by the Secretary of the Treasury, in
consultation with the Secretary of State:

(i) to be responsible for or complicit in, or to have engaged in, directly
or indirectly, any of the following in or in relation to South Sudan:

(A) actions or policies that threaten the peace, security, or stability of
South Sudan;

(B) actions or policies that threaten transitional agreements or undermine
democratic processes or institutions in South Sudan;

(C) actions or policies that have the purpose or effect of expanding or
extending the conflict in South Sudan or obstructing reconciliation or
peace talks or processes;

(D) the commission of human rights abuses against persons in South Sudan;

(E) the targeting of women, children, or any civilians through the
commission of acts of violence (including killing, maiming, torture, or
rape or other sexual violence), abduction, forced displacement, or attacks
on schools, hospitals, religious sites, or locations where civilians are
seeking refuge, or through conduct that would constitute a serious abuse or
violation of human rights or a violation of international humanitarian law;

(F) the use or recruitment of children by armed groups or armed forces in
the context of the conflict in South Sudan;

(G) the obstruction of the activities of international peacekeeping,
diplomatic, or humanitarian missions in South Sudan, or of the delivery or
distribution of, or access to, humanitarian assistance; or

(H) attacks against United Nations missions, international security
presences, or other peacekeeping operations;

(ii) to be a leader of (A) an entity, including any government, rebel
militia, or other group, that has, or whose members have, engaged in any of
the activities described in subsection (a)(i) of this section or (B) an
entity whose property and interests in property are blocked pursuant to
this order;

(iii) to have materially assisted, sponsored, or provided financial,
material, logistical, or technological support for, or goods or services in
support of (A) any of the activities described in subsection (a)(i) of this
section or (B) any person whose property and interests in property are
blocked pursuant to this order; or

(iv) 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) The prohibitions in subsection (a) of this
section apply except to the extent provided in this
order and 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. 2. I hereby determine that the making of donations
of the type 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 section 1 of this
order would seriously impair my ability to deal with
this national emergency, and I hereby prohibit such
donations as provided by section 1 of this order.

Sec. 3. The prohibitions in section 1 of this order
include but are not limited to:

    (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. 4. I hereby find that the unrestricted immigrant
and nonimmigrant entry into the United States of aliens
determined to meet one or more of the criteria in
section 1(a) of this order would be detrimental to the
interests of the United States, and I hereby suspend
entry into the United States, as immigrants or
nonimmigrants, of such persons. Such persons shall be
treated 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. (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. 6. 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; and
    (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.

Sec. 7. 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 this national emergency, there
need be no prior notice of a listing or determination
made pursuant to section 1 of this order.

Sec. 8. 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 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. 9. 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 the 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. 10. 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,

    April 3, 2014.