Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation-E.O. Signed By Biden Below
Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation
A Presidential Document by the Executive Office of the President on 04/19/2021
DOCUMENT DETAILS
Printed version:PDFPublication Date:04/19/2021Agency:Executive Office of the PresidentDocument Type:Presidential DocumentPresidential Document Type:Executive OrderE.O. Citation:E.O. 14024 of Apr 15, 2021Document Citation:86 FR 20249Page:20249-20252 (4 pages)Document Number:2021-08098
DOCUMENT DETAILS
DOCUMENT STATISTICS
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DOCUMENT STATISTICS
PUBLISHED DOCUMENT
Executive Order 14024 of April 15, 2021
Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation
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, JOSEPH R. BIDEN JR., President of the United States of America, find that specified harmful foreign activities of the Government of the Russian Federation—in particular, efforts to undermine the conduct of free and fair democratic elections and democratic institutions in the United States and its allies and partners; to engage in and facilitate malicious cyber-enabled activities against the United States and its allies and partners; to foster and use transnational corruption to influence foreign governments; to pursue extraterritorial activities targeting dissidents or journalists; to undermine security in countries and regions important to United States national security; and to violate well-established principles of international law, including respect for the territorial integrity of states—constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with that threat.
Accordingly, I hereby order:
Section 1. 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:
(a) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, and, with respect to subsection (a)(ii) of this section, in consultation with the Attorney General, or by the Secretary of State, in consultation with the Secretary of the Treasury, and, with respect to subsection (a)(ii) of this section, in consultation with the Attorney General:
(i) to operate or have operated in the technology sector or the defense and related materiel sector of the Russian Federation economy, or any other sector of the Russian Federation economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State;
(ii) to be responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following for or on behalf of, or for the benefit of, directly or indirectly, the Government of the Russian Federation:
(A) malicious cyber-enabled activities;
(B) interference in a United States or other foreign government election;
(C) actions or policies that undermine democratic processes or institutions in the United States or abroad;
(D) transnational corruption;Start Printed Page 20250
(E) assassination, murder, or other unlawful killing of, or infliction of other bodily harm against, a United States person or a citizen or national of a United States ally or partner;
(F) activities that undermine the peace, security, political stability, or territorial integrity of the United States, its allies, or its partners; or
(G) deceptive or structured transactions or dealings to circumvent any United States sanctions, including through the use of digital currencies or assets or the use of physical assets;
(iii) to be or have been a leader, official, senior executive officer, or member of the board of directors of:
(A) the Government of the Russian Federation;
(B) an entity that has, or whose members have, engaged in any activity described in subsection (a)(ii) of this section; or
(C) an entity whose property and interests in property are blocked pursuant to this order;
(iv) to be a political subdivision, agency, or instrumentality of the Government of the Russian Federation;
(v) to be a spouse or adult child of any person whose property and interests in property are blocked pursuant to subsection (a)(ii) or (iii) of this section;
(vi) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of:
(A) any activity described in subsection (a)(ii) of this section; or
(B) any person whose property and interests in property are blocked pursuant to this order; or
(vii) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, the Government of the Russian Federation or any person whose property and interests in property are blocked pursuant to this order.
(b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a government whose property and interests in property are blocked pursuant to chapter V of title 31 of the Code of Federal Regulations or another Executive Order, and to be:
(i) a citizen or national of the Russian Federation;
(ii) an entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation (including foreign branches); or
(iii) a person ordinarily resident in the Russian Federation.
(c) any person determined by the Secretary of State, in consultation with the Secretary of the Treasury, to be responsible for or complicit in, or to have directly or indirectly engaged in or attempted to engage in, cutting or disrupting gas or energy supplies to Europe, the Caucasus, or Asia, and to be:
(i) an individual who is a citizen or national of the Russian Federation; or
(ii) an entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation (including foreign branches).
(d) The prohibitions in subsections (a), (b), and (c) 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 date of this order.
Sec. 2. The prohibitions in section 1 of this order include:Start Printed Page 20251
(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. 3. (a) The unrestricted immigrant and nonimmigrant entry into the United States of noncitizens 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 when the Secretary of State or the Secretary of Homeland Security, as appropriate, determines that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a recommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives.
(b) The Secretary of State shall implement this authority as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this order as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.
(d) Such persons shall be treated by this section in the same manner 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. 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 this order, 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 “Government of the Russian Federation” means the Government of the Russian Federation, any political subdivision, agency, or instrumentality thereof, including the Central Bank of the Russian Federation, and any person owned, controlled, or directed by, or acting for or on behalf of, the Government of the Russian Federation;
(c) the term “noncitizen” means any person who is not a citizen or noncitizen national of the United States;
(d) the term “person” means an individual or entity; and
(e) 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. Start Printed Page 20252I 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 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 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 specialized agencies, programs, funds, and related organizations) by employees, grantees, and contractors thereof.
Sec. 10. 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. 11. (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.
THE WHITE HOUSE, April 15, 2021. Filed 4-16-21; 8:45 am]
[FR Doc. 2021-08098
Billing code 3295-F1-P
What This E.O. Means:
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Parler| Print| EmailApril 20, 2021
Executive Order Canceling the Constitution
On April 15, Preident Biden signed an Executive Order on Blocking Property with Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation. Contrary to its title, this EO is not about Russia. It is designed to allow the Biden administration to deprive American citizens and organizations of their rights and property by arbitrarily linking those persons to real, imagined, or vaguely defined activities of the Russian government.
The Biden administration unilaterally makes the determination and requires neither criminal acts nor intent. The punishment is blocking assets and a prohibition on any dealing with the accused person. Spouses and adult children of individuals found guilty by accusation under this EO are punished, too.
The EO was preceded by some distracting maneuvers, both diplomatic (hostile rhetoric toward Russia) and military (sending naval ships toward the Black Sea and recalling them back, as if dealing with Russian threats). Thus, many people assumed that the EO was directed at Russia, and completely missed the fact that it is directed at dissent here, at home.
Over the past four years, the Democrat Party, Fake News, and Big Tech have been frequently portraying their opponents as Russian trolls or Russian misinformation operators. The Russian collusion narrative, initially invented to overthrow the Trump administration, has been used to smear many conservative movements. Now this effort has been crowned by an Executive Order.
Biden’s administration has been recently pushing so many other radical changes, such as packing the Supreme Court, eliminating the filibuster, restricting Second Amendment rights, etc., that the real ramifications of this new EO went completely unnoticed. In my opinion, this EO is the most dangerous of them all. It allows the Biden regime to eliminate its opposition, quickly and quietly.Read More
Section 1 of the EO enumerates prohibited activities and defines guilty persons as those “determined” by the Secretary of Treasury and/or Secretary of State in consultation with the Attorney General to be:
(a)(ii) responsible for or complicit in, or to have directly or indirectly engaged or attempted to engage in, any of the following for or on behalf of, or for the benefit of, directly or indirectly, the Government of the Russian Federation:
(A) malicious cyber-enabled activities;
(B) interference in a United States or other foreign government election;
(C) actions or policies that undermine democratic processes or institutions in the United States or abroad;
(D) transnational corruption;
Some of the language in this EO borrows from another: EO-13224 – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism. George W. Bush signed EO-13224 on September 23, 2001, in response to 9/11.
However, Biden’s EO is as similar to Bush’s EO as an atomic bomb is to a sniper rifle. Bush’s EO targeted financing terrorism. It defined terrorism clearly and narrowly. It minimized legal jeopardy to US persons. It did not strip away the standard for criminal liability requirements of action and intent. It did not target spouses or children of accused individuals. Additionally, Bush made a legally meaningful promise to use it with due regard to culpability and the Bush administration used it with restraint. Even so, Democrats criticized it harshly, opposed it, and fought it in courts.
In contrast, Biden’s new EO is directed mostly at US persons. It criminalizes speech and political activities, based on whimsical and arbitrary definitions. The Biden administration can define “malicious activities,” “democratic processes or institutions,” and the activities that undermine them as it wants.
The Biden administration is also free to interpret what constitutes “interests of the Russian Government.” Such broad and vague language allows the Biden regime to select US citizens and political organizations arbitrarily, and then deprive them of their property and rights without anything reminiscent of due process. The EO does not even require that anybody commit an actual crime somewhere. False cyber-attribution or fake bounty claims are sufficient. Biden’s remarks to the EO showed no regard to the culpability of any targeted US citizens or other persons.
Leftist pseudo-elites have been eager to ban speech based on allegations that such speech may be beneficial to Russia. Such ideation has been present among Big Tech influencers for a long time. This EO effectively gives Big Tech, banks, and credit card companies a new pretext to deplatform conservatives and anyone else who opposes the Biden regime by claiming that they are now engaged in illegal activity.
Biden’s EO appears to allow the Democrat party to deny Americans the right to advocate against it in future federal elections. This might be accomplished through a “determination” that Russia is interfering in elections against democratic candidates. Thus, any US citizens who also oppose Democrats could be found to acting for Russia’s benefit, directly or indirectly.
The list of prohibited activities justifying a Biden administration “determination” to deprive American persons of their property and other rights (referred to here as a “Deprived Person”) states:
[a] (iii) to be or have been a leader, official, senior executive officer, or member of the board of directors of:
… (C) an entity whose property and interests in property are blocked pursuant to this order;
For comparison, Bush’s EO only covered the leaders of terrorist-supporting entities, not multiple officials, executives, or directors.
Unprecedently, Biden’s EO targets children and spouses:
[a] (v) to be a spouse or adult child of any person whose property and interests in property are blocked pursuant to subsection (a)(ii) or (iii) of this section;
and countless associations:
[a] (vi) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of:
(A) any activity described in subsection (a)(ii) of this section; or
(B) any person whose property and interests in property are blocked pursuant to this order …
[a] (vii) 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.
Notice the infinite reach these subsections afford. Those connected to a “Deprived Person” can receive the same designation, and so on. There is no limit to the number of iterations.
“Deprived Persons” essentially become untouchables, as dealing with them in any way is expressly prohibited without additional determinations:
Sec. 2. 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.
Giving legal representation, hosting the website, selling food, and giving medical care to a “Deprived Person” is automatically prohibited. Section 4 prohibits transactions that “cause a violation” of this EO, even absent intent or knowledge. This serves as a hint to pre-emptively cut ties with anyone the Biden regime targets.
Section 9 exempts UN bodies and “related organizations” (NGOs) from any responsibility for interfering in US elections and other activities under this order.
The Russian Federation is mixed into the EO only for distraction and as a primer, triggering expanding layers of culpability.
I do not expect any putative human rights organizations or large media outlets to hold the Biden regime accountable for how it applies this EO or to defend its victims. So far, these outlets have either ignored it or defended it.
Image by Andrea Widburg
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