Blocking Property With Respect to Certain Russian Energy Export Pipelines

Executive Order 14039 of August 20, 2021

Blocking Property With Respect to Certain Russian
Energy Export Pipelines

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), the Protecting Europe's Energy Security Act of
2019 (Title LXXV, National Defense Authorization Act
for Fiscal Year 2020, Public Law 116-92), as amended by
section 1242 of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) (PEESA), and
section 301 of title 3, United States Code,

I, JOSEPH R. BIDEN JR., President of the United States
of America, in order to take additional steps with
respect to the national emergency declared in Executive
Order 14024 of April 15, 2021 (Blocking Property With
Respect To Specified Harmful Foreign Activities of the
Government of the Russian Federation), hereby order:

Section 1. (a) With respect to any foreign person
identified by the Secretary of State, in consultation
with the Secretary of the Treasury, in a report to the
Congress pursuant to section 7503(a)(1)(B) of PEESA,
all property and interests in property of such person
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 are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.

    (b) Sanctions under subsection (a) of this section
shall not apply to any foreign person with respect to
whom a waiver under section 7503(f) of PEESA has been
issued.
    (c) 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 Secretary of State shall implement section
7503(b) of PEESA as it applies to visas, and the
Secretary of Homeland Security shall implement section
7503(b) of PEESA as it applies to admission and parole.
Such implementation shall be consistent with any
exceptions or waivers provided by statute, or in
regulations, orders, or directives that may be issued
pursuant to this order.

Sec. 3. 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. 4. (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. 5. I hereby determine that the making of donations
of the types 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 this order would
seriously impair my ability to deal with the national
emergency declared in Executive Order 14024, and I
hereby prohibit such donations as provided by section 1
of this order.

Sec. 6. 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 “foreign person” means an individual
or entity that is not a United States person;
    (c) the term “person” means an individual or
entity; and
    (d) the term “United States person” means any
United States citizen, lawful permanent resident,
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 Executive Order 14024, 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 PEESA, as may be necessary
to carry out the purposes of this order. The Secretary
of the Treasury may, consistent with applicable law,
redelegate any of these functions within the Department
of the Treasury. All departments and agencies of the
United States shall take all appropriate measures
within their authority to carry out the provisions of
this order.

Sec. 9. Nothing in this order shall prohibit
transactions for the conduct of the official business
of the Federal Government or the United Nations,
including its programs, funds, and other entities and
bodies, as well as its specialized agencies and related
organizations, by employees, grantees, and contractors
thereof.

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,

    August 20, 2021.