issue-2017-12-26•Federal Register executive orders — 2017-12-26
Federal Register executive orders — 2017-12-26
issue-2017-12-26Federal Register executive orders — 2017-12-26Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 2017-27925 Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Presidential Documents]
[Pages 60839-60843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27925]
Presidential Documents
Federal Register / Vol. 82 , No. 246 / Tuesday, December 26, 2017 /
Presidential Documents
[[Page 60839]]
Executive Order 13818 of December 20, 2017
Blocking the Property of Persons Involved in
Serious Human Rights Abuse or Corruption
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 Global Magnitsky Human Rights Accountability
Act (Public Law 114-328) (the ``Act''), section 212(f)
of the Immigration and Nationality Act of 1952 (8
U.S.C. 1182(f)) (INA), and section 301 of title 3,
United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the prevalence and severity of human
rights abuse and corruption that have their source, in
whole or in substantial part, outside the United
States, such as those committed or directed by persons
listed in the Annex to this order, have reached such
scope and gravity that they threaten the stability of
international political and economic systems. Human
rights abuse and corruption undermine the values that
form an essential foundation of stable, secure, and
functioning societies; have devastating impacts on
individuals; weaken democratic institutions; degrade
the rule of law; perpetuate violent conflicts;
facilitate the activities of dangerous persons; and
undermine economic markets. The United States seeks to
impose tangible and significant consequences on those
who commit serious human rights abuse or engage in
corruption, as well as to protect the financial system
of the United States from abuse by these same persons.
I therefore determine that serious human rights abuse
and corruption around the world constitute an unusual
and extraordinary threat to the national security,
foreign policy, and economy 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:
(i) the persons listed in the Annex to this order;
(ii) any foreign person determined by the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney General:
(A) to be responsible for or complicit in, or to have directly or
indirectly engaged in, serious human rights abuse;
(B) to be a current or former government official, or a person acting for
or on behalf of such an official, who is responsible for or complicit in,
or has directly or indirectly engaged in:
(1) corruption, including the misappropriation of state assets, the
expropriation of private assets for personal gain, corruption related to
government contracts or the extraction of natural resources, or bribery; or
(2) the transfer or the facilitation of the transfer of the proceeds of
corruption;
(C) to be or have been a leader or official of:
[[Page 60840]]
(1) an entity, including any government entity, that has engaged in, or
whose members have engaged in, any of the activities described in
subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section relating to
the leader's or official's tenure; or
(2) an entity whose property and interests in property are blocked pursuant
to this order as a result of activities related to the leader's or
official's tenure; or
(D) to have attempted to engage in any of the activities described in
subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section; and
(iii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney General:
(A) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of:
(1) any activity described in subsections (ii)(A), (ii)(B)(1), or
(ii)(B)(2) of this section that is conducted by a foreign person;
(2) any person whose property and interests in property are blocked
pursuant to this order; or
(3) any entity, including any government entity, that has engaged in, or
whose members have engaged in, any of the activities described in
subsections (ii)(A), (ii)(B)(1), or (ii)(B)(2) of this section, where the
activity is conducted by a foreign person;
(B) 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
(C) to have attempted to engage in any of the activities described in
subsections (iii)(A) or (B) of this section.
(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 before the effective 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. 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 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 this order, and I hereby prohibit
such donations as provided by section 1 of this order.
Sec. 4. The prohibitions in section 1 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:
[[Page 60841]]
(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.
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 this order.
Sec. 8. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including adopting rules and
regulations, and to employ all powers granted to me by
IEEPA and the Act as may be necessary to implement this
order and section 1263(a) of the Act with respect to
the determinations provided for therein. The Secretary
of the Treasury may, consistent with applicable law,
redelegate any of these functions to other officers and
agencies of the United States. All agencies shall take
all appropriate measures within their authority to
implement this order.
Sec. 9. The Secretary of State is hereby authorized to
take such actions, including adopting rules and
regulations, and to employ all powers granted to me by
IEEPA, the INA, and the Act as may be necessary to
carry out section 2 of this order and, in consultation
with the Secretary of the Treasury, the reporting
requirement in section 1264(a) of the Act with respect
to the reports provided for in section 1264(b)(2) of
that Act. The Secretary of State may, consistent with
applicable law, redelegate any of these functions to
other officers and agencies of the United States
consistent with applicable law.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General,
is hereby authorized to determine that circumstances no
longer warrant the blocking of the property and
interests in property of a person listed in the Annex
to this order, and to take necessary action to give
effect to that determination.
Sec. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
submit 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. 12. This order is effective at 12:01 a.m., Eastern
Standard Time, December 21, 2017.
[[Page 60842]]
Sec. 13. 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,
December 20, 2017.
Billing code 3295-F8-P
[[Page 60843]]
[GRAPHIC] [TIFF OMITTED] TD26DE17.000
[FR Doc. 2017-27925
Filed 12-22-17; 8:45 am]
Billing code 3295-F8-C
Complete official Federal Register PDF
FR Doc. 2017-27899 A Federal Strategy To Ensure Secure and Reliable Supplies of Critical Minerals
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Presidential Documents]
[Pages 60835-60837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27899]
Presidential Documents
Federal Register / Vol. 82 , No. 246 / Tuesday, December 26, 2017 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 60835]]
Executive Order 13817 of December 20, 2017
A Federal Strategy To Ensure Secure and Reliable
Supplies of Critical Minerals
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Findings. The United States is heavily
reliant on imports of certain mineral commodities that
are vital to the Nation's security and economic
prosperity. This dependency of the United States on
foreign sources creates a strategic vulnerability for
both its economy and military to adverse foreign
government action, natural disaster, and other events
that can disrupt supply of these key minerals. Despite
the presence of significant deposits of some of these
minerals across the United States, our miners and
producers are currently limited by a lack of
comprehensive, machine-readable data concerning
topographical, geological, and geophysical surveys;
permitting delays; and the potential for protracted
litigation regarding permits that are issued. An
increase in private-sector domestic exploration,
production, recycling, and reprocessing of critical
minerals, and support for efforts to identify more
commonly available technological alternatives to these
minerals, will reduce our dependence on imports,
preserve our leadership in technological innovation,
support job creation, improve our national security and
balance of trade, and enhance the technological
superiority and readiness of our Armed Forces, which
are among the Nation's most significant consumers of
critical minerals.
Sec. 2. Definition. (a) A ``critical mineral'' is a
mineral identified by the Secretary of the Interior
pursuant to subsection (b) of this section to be (i) a
non-fuel mineral or mineral material essential to the
economic and national security of the United States,
(ii) the supply chain of which is vulnerable to
disruption, and (iii) that serves an essential function
in the manufacturing of a product, the absence of which
would have significant consequences for our economy or
our national security.
(b) The Secretary of the Interior, in coordination
with the Secretary of Defense and in consultation with
the heads of other relevant executive departments and
agencies (agencies), shall publish a list of critical
minerals in the Federal Register not later than 60 days
after the date of this order, and disseminate such list
to the appropriate agencies.
Sec. 3. Policy. It shall be the policy of the Federal
Government to reduce the Nation's vulnerability to
disruptions in the supply of critical minerals, which
constitutes a strategic vulnerability for the security
and prosperity of the United States. The United States
will further this policy for the benefit of the
American people and in a safe and environmentally
responsible manner, by:
(a) identifying new sources of critical minerals;
(b) increasing activity at all levels of the supply
chain, including exploration, mining, concentration,
separation, alloying, recycling, and reprocessing
critical minerals;
(c) ensuring that our miners and producers have
electronic access to the most advanced topographic,
geologic, and geophysical data within U.S. territory to
the extent permitted by law and subject to appropriate
limitations for purposes of privacy and security,
including appropriate limitations to protect critical
infrastructure data such as those related to national
security areas; and
[[Page 60836]]
(d) streamlining leasing and permitting processes
to expedite exploration, production, processing,
reprocessing, recycling, and domestic refining of
critical minerals.
Sec. 4. Implementation. (a) Within 180 days of the date
that the Secretary of the Interior publishes a list of
critical minerals under section 2 of this order, the
Secretary of Commerce, in coordination with the
Secretaries of Defense, the Interior, Agriculture, and
Energy, and the United States Trade Representative,
shall submit a report to the President through the
Assistant to the President for Economic Policy, the
Assistant to the President for National Security
Affairs, the Director of the Office of Management and
Budget, and the Director of the Office of Science and
Technology Policy. The report shall include:
(i) a strategy to reduce the Nation's reliance on critical minerals;
(ii) an assessment of progress toward developing critical minerals
recycling and reprocessing technologies, and technological alternatives to
critical minerals;
(iii) options for accessing and developing critical minerals through
investment and trade with our allies and partners;
(iv) a plan to improve the topographic, geologic, and geophysical mapping
of the United States and make the resulting data and metadata
electronically accessible, to the extent permitted by law and subject to
appropriate limitations for purposes of privacy and security, to support
private sector mineral exploration of critical minerals; and
(v) recommendations to streamline permitting and review processes related
to developing leases; enhancing access to critical mineral resources; and
increasing discovery, production, and domestic refining of critical
minerals.
(b) Agencies shall implement subsection (a) of this
section in a manner consistent with, and when possible
complementary to, implementation of Executive Order
13771 of January 30, 2017 (Reducing Regulation and
Controlling Regulatory Costs), Executive Order 13783 of
March 28, 2017 (Promoting Energy Independence and
Economic Growth), Executive Order 13807 of August 15,
2017 (Establishing Discipline and Accountability in the
Environmental Review and Permitting Process for
Infrastructure Projects), and Executive Order 12866 of
September 30, 1993 (Regulatory Planning and Review).
Sec. 5. General Provisions. (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;
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals; or
(iii) existing treaties or international agreements relating to mineral
production, imports, or exports.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 60837]]
(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,
December 20, 2017.
[FR Doc. 2017-27899
Filed 12-22-17; 8:45 am]
Billing code 3295-F8-P
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