[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Presidential Documents]
[Pages 89271-89274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28662]
Presidential Documents
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 /
Presidential Documents
[[Page 89271]]
Executive Order 14114 of December 22, 2023
Taking Additional Steps With Respect to the
Russian Federation's Harmful Activities
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.), and
section 301 of title 3, United States Code,
I, JOSEPH R. BIDEN JR., President of the United States
of America, in view of the Russian Federation's
continued use of its military-industrial base to aid
its effort to undermine security in countries and
regions important to United States national security,
including its reliance on the international financial
system for the procurement of dual-use and other
critical items from third countries, and in order to
take additional steps with respect to the national
emergency declared in Executive Order 14024 of April
15, 2021, expanded by Executive Order 14066 of March 8,
2022, and relied on for additional steps taken in
Executive Order 14039 of August 20, 2021, Executive
Order 14068 of March 11, 2022, and Executive Order
14071 of April 6, 2022, hereby order:
Section 1. Amendments to Executive Order 14024.
Executive Order 14024 is hereby amended by
redesignating section 11 of that order as section 12
and adding a new section 11 to read as follows:
``Sec. 11. (a) 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 Secretary of State and the
Secretary of Commerce, is hereby authorized to impose
on a foreign financial institution the sanctions
described in subsection (b) of this section, upon
determining that the foreign financial institution has:
(i) conducted or facilitated any significant transaction or transactions
for or on behalf of any person designated pursuant to section 1(a)(i) of
this order for operating or having operated in the technology, defense and
related materiel, construction, aerospace, or manufacturing sectors of the
Russian Federation economy, or other such sectors as may be determined to
support Russia's military-industrial base by the Secretary of the Treasury,
in consultation with the Secretary of State; or
(ii) conducted or facilitated any significant transaction or transactions,
or provided any service, involving Russia's military-industrial base,
including the sale, supply, or transfer, directly or indirectly, to the
Russian Federation of any item or class of items as may be determined by
the Secretary of the Treasury, in consultation with the Secretary of State
and the Secretary of Commerce.
(b) With respect to any foreign financial
institution determined to meet the criteria set forth
in subsection (a) of this section, the Secretary of the
Treasury, in consultation with the Secretary of State,
may:
(i) prohibit the opening of, or prohibit or impose strict conditions on the
maintenance of, correspondent accounts or payable-through accounts in the
United States; or
(ii) block 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
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such foreign financial institution, and provide that such property and
interests in property may not be transferred, paid, exported, withdrawn, or
otherwise dealt in.
(c) The prohibitions in subsection (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, and
notwithstanding any contract entered into or any
license or permit granted before the date of this
order.
(d) 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 subsection (b)(ii) of
this section would seriously impair my ability to deal
with the national emergency declared in this order, and
I hereby prohibit such donations as provided by
subsection (b)(ii) of this section.
(e) The prohibitions in subsection (b)(ii) of this
section include:
(i) 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 subsection (b)(ii) of this
section; and
(ii) the receipt of any contribution or provision of funds, goods, or
services from any such person.
(f) For purposes of this section, the term
``foreign financial institution'' means any foreign
entity that is engaged in the business of accepting
deposits; making, granting, transferring, holding, or
brokering loans or credits; purchasing or selling
foreign exchange, securities, futures or options; or
procuring purchasers and sellers thereof, as principal
or agent. It includes depository institutions; banks;
savings banks; money services businesses; operators of
credit card systems; trust companies; insurance
companies; securities brokers and dealers; futures and
options brokers and dealers; forward contract and
foreign exchange merchants; securities and commodities
exchanges; clearing corporations; investment companies;
employee benefit plans; dealers in precious metals,
stones, or jewels; and holding companies, affiliates,
or subsidiaries of any of the foregoing. The term does
not include the international financial institutions
identified in 22 U.S.C. 262r(c)(2), the International
Fund for Agricultural Development, the North American
Development Bank, or any other international financial
institution so notified by the Office of Foreign Assets
Control.''.
Sec. 2. Additional Amendments to Executive Order 14024.
Executive Order 14024 is hereby amended by striking
section 7 and inserting, in lieu thereof, the
following:
``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 section 1 or
section 11 of this order.''.
Sec. 3. Amendments to Executive Order 14068. Executive
Order 14068 is hereby amended as follows:
(a) in section 1, by striking subsection (a)(i) and
inserting, in lieu thereof, the following:
(i) the importation and entry into the United States, including importation
for admission into a foreign trade zone located in the United States, of:
(A) the following products of Russian Federation origin: fish, seafood,
and preparations thereof; alcoholic beverages; non-industrial diamonds;
[[Page 89273]]
and any other products of Russian Federation origin, as may be determined
by the Secretary of the Treasury, in consultation with the Secretary of
State and the Secretary of Commerce;
(B) categories of any of the following products as may be determined by
the Secretary of the Treasury, in consultation with the Secretary of State,
the Secretary of Commerce, and the Secretary of Homeland Security, that
were mined, extracted, produced, or manufactured wholly or in part in the
Russian Federation, or harvested in waters under the jurisdiction of the
Russian Federation or by Russia-flagged vessels, notwithstanding whether
such products have been incorporated or substantially transformed into
other products outside of the Russian Federation: fish, seafood, and
preparations thereof; diamonds; and any other such products as may be
determined by the Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Commerce, and the Secretary of
Homeland Security;
(C) products containing any of the products subject to the prohibitions
of subsections (a)(i)(A)-(B) of this section, as may be determined by the
Secretary of the Treasury, in consultation with the Secretary of State, the
Secretary of Commerce, and the Secretary of Homeland Security; and
(D) products subject to the prohibitions of subsections (a)(i)(A)-(C) of
this section that transited through or were exported from or by the Russian
Federation, as may be determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary of Commerce, and
the Secretary of Homeland Security;'';
(b) in section 1, by adding new subsections (c)-(f)
to read as follows:
``(c) The prohibitions in subsection (a)(i) of this
section apply with respect to:
(i) products subject to the prohibitions of subsection (a)(i)(A) of this
section imported on or after the date of this order or the date specified
in any determinations made pursuant to that subsection, unless otherwise
specified or authorized; and
(ii) products subject to the prohibitions of subsections (a)(i)(B)-(D) of
this section imported on or after the date specified in any determinations
made pursuant to those subsections, unless otherwise specified or
authorized.
(d) The Secretary of Homeland Security, with the
concurrence of the Secretary of the Treasury, shall
prescribe rules and regulations to collect, including
through an authorized electronic data interchange
system as appropriate, any documentation or information
as may be necessary to enforce subsections (a)(i)(B)-
(D) and (c) of this section as expeditiously as
possible.'';
(c) in section 4, by striking ``and'' at the end of
subsection 4(c), by striking the period at the end of
subsection (d) and replacing it with ``; and'', and by
inserting the following new subsection after subsection
(d):
``(e) the term ``diamond'' includes any diamonds
classifiable under subheadings 7102.10, 7102.31, and
7102.39 of the Harmonized Tariff Schedule of the United
States and under any other subheadings of the
Harmonized Tariff Schedule of the United States
specified in determinations made pursuant to section
(1)(a)(i) of this order.''; and
(d) by striking section 5 and inserting, in lieu
thereof, the following:
``Sec. 5. The Secretary of the Treasury, the Secretary
of Commerce, and the Secretary of Homeland Security, 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, the Secretary of Commerce,
and the Secretary of Homeland Security may, consistent
with applicable law, redelegate any of these functions
within the Department of the Treasury, the Department
of Commerce, and the Department of Homeland Security,
respectively. All
[[Page 89274]]
executive departments and agencies of the United States
shall take all appropriate measures within their
authority to implement this order.''.
Sec. 4. 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; 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 persons.
(Presidential Sig.)
THE WHITE HOUSE,
December 22, 2023.
[FR Doc. 2023-28662
Filed 12-22-23; 11:15 am]
Billing code 3395-F4-P