Taking Additional Steps To Address the National Emergency With Respect to the Situation in Nicaragua

Executive Order 14088 of October 24, 2022

Taking Additional Steps To Address the National
Emergency With Respect 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.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), the Nicaragua
Investment Conditionality Act of 2018 (50 U.S.C. 1701
note), 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, 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 13851 of November 27, 2018 (Blocking Property of
Certain Persons Contributing to the Situation in
Nicaragua), hereby order:

Section 1. The first clause of the preamble to
Executive Order 13851 is amended to read as follows:

    “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 Nicaragua Investment Conditionality Act of
2018 (50 U.S.C. 1701 note), 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,”.

Sec. 2. Section 1 of Executive Order 13851 is amended
by adding a new subsection 1(a)(i)(E) after subsection
1(a)(i)(D), to read as follows:

    “(E) the arrest or prosecution of a person,
including an individual or media outlet disseminating
information to the public, primarily because of the
exercise by such person of the freedom of expression,
including for members of the press, or assembly;”.

Sec. 3. Subsections 1(a)(iv)(B) through 1(a)(v) of
Executive Order 13851 are replaced with new subsections
1(a)(iv)(B) through 1(a)(vi), to read as follows:

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

(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; or

(vi) to operate or have operated in the gold sector of the Nicaraguan
economy or in any other sector of the Nicaraguan economy as may be
determined by the Secretary of the Treasury, in consultation with the
Secretary of State.”.

Sec. 4. Subsection 1(b) of Executive Order 13851 is
replaced with a new subsection 1(b), to read as
follows:

    “(b) The following are prohibited:

(i) the importation into the United States of any products of Nicaraguan
origin as may be determined by the Secretary of the Treasury, in
consultation with the Secretary of State and the Secretary of Commerce;

(ii) the exportation, reexportation, sale, or supply, directly or
indirectly, from the United States, or by a United States person, wherever
located, of any items as may be determined by the Secretary of Commerce, in

consultation with the Secretary of State and the Secretary of the Treasury,
to any person located in Nicaragua;

(iii) new investment in any sector of the Nicaraguan economy as may be
determined by the Secretary of the Treasury, in consultation with the
Secretary of State, by a United States person, wherever located; and

(iv) any approval, financing, facilitation, or guarantee by a United States
person, wherever located, of a transaction by a foreign person where the
transaction by that foreign person would be prohibited by this subsection
if performed by a United States person or within the United States.”.

Sec. 5. Section 1 of Executive Order 13851 is amended
by adding a new subsection 1(c) after subsection 1(b),
to read as follows:

    “(c) The prohibitions in subsections (a) and (b)
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, or
pursuant to the export control authorities implemented
by the Department of Commerce, and notwithstanding any
contract entered into or any license or permit granted
prior to the date of this order.”.

Sec. 6. Section 8 of Executive Order 13851 is revised
to read as follows:

    “Sec. 8. The Secretary of the Treasury and the
Secretary of Commerce, in consultation with the
Secretary of State, are 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 and the Secretary of Commerce may, consistent
with applicable law, redelegate any of these functions
within the Department of the Treasury and the
Department of Commerce, respectively. All executive
departments and agencies of the United States shall
take all appropriate measures within their authority to
implement this order.”.

Sec. 7. Section 9 of Executive Order 13851 is revised
to read as follows:

    “Sec. 9. The Secretary of the Treasury, in
consultation with the Secretary of State and the
Secretary of Commerce, 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. 8. (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,

    October 24, 2022.