Administration of Proliferation Sanctions and Amendment of Executive Order 12851

Executive Order 13883 of August 1, 2019

Administration of Proliferation Sanctions and
Amendment of Executive Order 12851

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), sections 305-308 of the Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991
(CBW Act), Public Law 102-182 (50 U.S.C. App. 2410c; 22
U.S.C. 2798, 5604-5606), and section 301 of title 3,
United States Code,

I, DONALD J. TRUMP, President of the United States of
America, in order to take additional steps with respect
to the national emergency described and declared in
Executive Order 12938 of November 14, 1994, as amended
by and relied on for additional steps in subsequent
Executive Orders, hereby order:

Section 1. (a) When the President, or the Secretary of
State pursuant to authority delegated by the President
and in accordance with the terms of such delegation,
pursuant to section 307(b)(1) of the CBW Act, selects
for imposition on a country one or more of the
sanctions set forth below and in section 307(b)(2) of
that Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall take
the following actions, when necessary, to implement
such sanctions:

(i) oppose, in accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d), the extension of any loan or financial
or technical assistance to that country by international financial
institutions; and

(ii) prohibit any United States bank from making any loan or providing any
credit to the government of that country, except for loans or credits for
the purpose of purchasing food or other agricultural commodities or
products.

    (b) The prohibition in subsection (a)(ii) 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 date of this
order.

Sec. 2. (a) Any transaction that evades or avoids, has
the purpose of evading or avoiding, causes a violation
of, or attempts to violate the prohibition set forth in
section 1(a)(ii) of this order is prohibited.

    (b) Any conspiracy formed to violate the
prohibition set forth in section 1(a)(ii) of this order
is prohibited.

Sec. 3. Subsection (b) of section 1 of Executive Order
12851 of June 11, 1993 (Administration of Proliferation
Sanctions, Middle East Arms Control, and Related
Congressional Reporting Responsibilities), is amended
by adding the following new paragraph 4 after paragraph
3:

    “(4) The authorities and duties vested in me to
oppose certain multilateral development bank assistance
and to prohibit certain bank loans as provided in
section 307(b)(2)(A)-(B), pursuant to a determination
made by the Secretary of State under section 307(b)(1),
are delegated to the Secretary of the Treasury.”

Sec. 4. For the purposes of this order:

    (a) the term “entity” means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
    (b) the term “government” means a government, any
political subdivision, agency, or instrumentality
thereof, and any person owned or controlled by, or
acting for or on behalf of, that government; and
    (c) the term “United States bank” means any
entity organized under the laws of the United States or
any jurisdiction within the United States (including
its foreign branches), or any entity in the United
States, that is engaged in the business of accepting
deposits, making, granting, transferring, holding, or
brokering loans or credits, or purchasing or selling
foreign exchange, securities, commodity futures, or
options, or procuring purchasers and sellers thereof,
as principal or agent.

Sec. 5. 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 and the CBW Act 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. 6. (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,

    August 1, 2019.