Blocking Property and Suspending Entry Into the United States of Persons Contributing to the Situation in Libya

Executive Order 13726 of April 19, 2016

Blocking Property and Suspending Entry Into the
United States of Persons Contributing to the Situation
in Libya

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.),
section 5 of the United Nations Participation Act of
1945, as amended (22 U.S.C. 287c) (UNPA), 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, hereby expand the scope of the national
emergency declared in Executive Order 13566 of February
25, 2011, finding that the ongoing violence in Libya,
including attacks by armed groups against Libyan state
facilities, foreign missions in Libya, and critical
infrastructure, as well as human rights abuses,
violations of the arms embargo imposed by United
Nations Security Council Resolution 1970 (2011), and
misappropriation of Libya's natural resources threaten
the peace, security, stability, sovereignty, democratic
transition, and territorial integrity of Libya, and
thereby constitute an unusual and extraordinary threat
to the national security and foreign policy of the
United States. To address this threat, and in view of
United Nations Security Council Resolutions 2174 of
August 27, 2014, and 2213 of March 27, 2015, 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be transferred, paid, exported, withdrawn, or otherwise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: 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:

(A) actions or policies that threaten the peace, security, or stability
of Libya, including through the supply of arms or related materiel;

(B) actions or policies that obstruct, undermine, delay, or impede, or
pose a significant risk of obstructing, undermining, delaying, or impeding,
the adoption of or political transition to a Government of National Accord
or a successor government;

(C) actions that may lead to or result in the misappropriation of state
assets of Libya; or

(D) threatening or coercing Libyan state financial institutions or the
Libyan National Oil Company;

(ii) to be planning, directing, or committing, or to have planned,
directed, or committed, attacks against any Libyan state facility or
installation (including oil facilities), against any air, land, or sea port
in Libya, or against any foreign mission in Libya;

(iii) to be involved in, or to have been involved in, the targeting of
civilians through the commission of acts of 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;

(iv) to be involved in, or to have been involved in, the illicit
exploitation of crude oil or any other natural resources in Libya,
including the illicit production, refining, brokering, sale, purchase, or
export of Libyan oil;

(v) to be a leader of an entity that has, or whose members have, engaged in
any activity described in subsections (a)(i), (a)(ii), (a)(iii), or (a)(iv)
of this section;

(vi) 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 subsections (a)(i),
(a)(ii), (a)(iii), or (a)(iv) of this section or (B) any person whose
property and interests in property are blocked pursuant to this order; or

(vii) to be owned or controlled by, or to have acted or purported to act
for or on behalf of, 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 date of this
order. The prohibitions in subsection (a) of this
section are in addition to export control authorities
implemented by the Department of Commerce.

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
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). Further, United Nations Security Council
Resolution 2174 shall be treated as a Resolution listed
in Annex A of Proclamation 8693.

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 Executive Order
13566 and expanded 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.
    (d) the term “Government of National Accord or a
successor government” means:

(i) a Government of National Accord formed pursuant to the terms of the
Libyan Political Agreement signed in Skhirat, Morocco, on December 17,
2015, or any amendments thereto;

(ii) a governmental authority formed under the Libyan Constitution pursuant
to the terms of the Libyan Political Agreement signed in Skhirat, Morocco,
on December 17, 2015, or any amendments thereto;

(iii) any subdivision, agency, or instrumentality of the foregoing, and any
partnership, association, corporation, or other organization owned or
controlled, directly or indirectly, by, or acting for or on behalf of, the
foregoing; or

(iv) any other person determined by the Secretary of the Treasury to be
included within paragraphs (a) through (c) of this section.

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 Executive Order 13566 and expanded 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 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. 9. 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 19, 2016.