Blocking Property of Certain Persons Contributing to the Situation in Nicaragua

Executive Order 13851 of November 27, 2018

Blocking Property of Certain Persons Contributing
to the Situation in Nicaragua

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, DONALD J. TRUMP, President of the United States of
America, find that the situation in Nicaragua,
including the violent response by the Government of
Nicaragua to the protests that began on April 18, 2018,
and the Ortega regime's systematic dismantling and
undermining of democratic institutions and the rule of
law, its use of indiscriminate violence and repressive
tactics against civilians, as well as its corruption
leading to the destabilization of Nicaragua's economy,
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 determine and 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be transferred, paid, exported, withdrawn, or otherwise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 directly or
indirectly engaged or attempted to engage in, any of the following:

(A) serious human rights abuse in Nicaragua;

(B) actions or policies that undermine democratic processes or
institutions in Nicaragua;

(C) actions or policies that threaten the peace, security, or stability
of Nicaragua;

(D) any transaction or series of transactions involving deceptive
practices or corruption by, on behalf of, or otherwise related to the
Government of Nicaragua or a current or former official of the Government
of Nicaragua, such as the misappropriation of public assets or
expropriation of private assets for personal gain or political purposes,
corruption related to government contracts, or bribery;

(ii) to be a leader or official of an entity that has, or whose members
have, engaged in any activity described in subsection (a)(i) of this
section or of an entity whose property and interests in property are
blocked pursuant to this order;

(iii) to be an official of the Government of Nicaragua or to have served as
an official of the Government of Nicaragua at any time on or after January
10, 2007;

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

(A) any 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

(v) 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 date of this
order.

Sec. 2. The unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to
meet one or more of the criteria in section 1 of this
order would be detrimental to the interests of the
United States, and the entry of such persons into the
United States, as immigrants or nonimmigrants, is
hereby suspended, except where the Secretary of State
determines that the person's entry is in the national
interest of the United States. 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:

    (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;
    (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 “Government of Nicaragua” means the
Government of Nicaragua, any political subdivision,
agency, or instrumentality thereof, including the
Central Bank of Nicaragua, and any person owned or
controlled by, or acting for or on behalf of, the
Government of Nicaragua.

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 promulgating rules and
regulations, and to employ all powers granted to the
President by IEEPA as may be necessary to implement
this order. The Secretary of the Treasury may,
consistent with applicable law, redelegate any of these
functions within the Department of the Treasury. All
agencies of the United States Government shall 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 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. 10. (a) Nothing in this order shall be construed
to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) 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,

    November 27, 2018.