Blocking Property of Certain Persons Contributing to the Situation in Burundi

Executive Order 13712 of November 22, 2015

Blocking Property of Certain Persons Contributing
to the Situation in Burundi

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 Burundi, which has
been marked by the killing of and violence against
civilians, unrest, the incitement of imminent violence,
and significant political repression, and which
threatens the peace, security, and stability of
Burundi, constitutes 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 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be transferred, paid, exported, withdrawn, or otherwise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 be responsible for or complicit in, or to have engaged in,
directly or indirectly, any of the following in or in relation to Burundi:

(1) actions or policies that threaten the peace, security, or stability of
Burundi;

(2) actions or policies that undermine democratic processes or institutions
in Burundi;

(3) human rights abuses;

(4) 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 other conduct that may constitute a serious
abuse or violation of human rights or a violation of international
humanitarian law;

(5) actions or policies that prohibit, limit, or penalize the exercise of
freedom of expression or freedom of peaceful assembly;

(6) the use or recruitment of children by armed groups or armed forces;

(7) the obstruction of the delivery or distribution of, or access to,
humanitarian assistance; or

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

(B) to be a leader or official of:

(1) an entity, including any government entity or armed group, that has, or
whose members have, engaged in any of the activities described in
subsection (a)(ii)(A) of this section; or

(2) an entity whose property and interests in property are blocked pursuant
to this order;

(C) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of:

(1) any of the activities described in subsection (a)(ii)(A) of this
section; or

(2) any person whose property and interests in property are blocked
pursuant to this order; or

(D) 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 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. 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
subsection 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. 3. 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
the national emergency declared in this order, and I
hereby prohibit such donations as provided by section 1
of this order.

Sec. 4. 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. 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 the national emergency declared in this
order, 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
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. 10. 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. 11. 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. 12. This order is effective at 12:01 a.m. eastern
standard time on November 23, 2015.

    (Presidential Sig.)

THE WHITE HOUSE,

    November 22, 2015.