Federal Register executive orders — 2017-12-26

issue-2017-12-26Federal Register executive orders — 2017-12-26Executive Order

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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

Complete official Federal Register PDF

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