Executive Order–Libya

EXECUTIVE ORDER

BLOCKING PROPERTY AND PROHIBITING
CERTAIN TRANSACTIONS RELATED TO LIBYA

     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), and section 301 of title 3, United States Code,

     I, BARACK OBAMA, President of the United States of America, find that Colonel Muammar Qadhafi, his government, and close associates have taken extreme measures against the people of Libya, including by using weapons of war, mercenaries, and wanton violence against unarmed civilians.  I further find that there is a serious risk that Libyan state assets will be misappropriated by Qadhafi, members of his government, members of his family, or his close associates if those assets are not protected.  The foregoing circumstances, the prolonged attacks, and the increased numbers of Libyans seeking refuge in other countries from the attacks, have caused a deterioration in the security of Libya and pose a serious risk to its stability, thereby constituting an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat.

     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person, including any overseas branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in:

     (a)  the persons listed in the Annex to this order; and

     (b)  any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:

 (i)    to be a senior official of the Government of Libya;
  (ii)   to be a child of Colonel Muammar Qadhafi;
(iii)  to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, the commission of human rights abuses related to political repression in Libya;
(iv)   to have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of the activities described in subsection (b)(iii) of this section or 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, any person whose property and interests in property are blocked pursuant to this order; or
(vi)   to be a spouse or dependent child of any person whose property and interests in property are blocked pursuant to this order.

     Sec. 2.  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, including any overseas branch, of the Government of Libya, its agencies, instrumentalities, and controlled entities, and the Central Bank of Libya, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in.

     Sec. 3.  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 of this order.

     Sec. 4.  I hereby determine that, to the extent section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type of articles specified in such section by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to sections 1 and 2 of 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 sections 1 and 2 of this order.

     Sec. 5.  The prohibitions in sections 1 and 2 of this order include but are not limited to:

     (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. 6.  The prohibitions in sections 1 and 2 of this order 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 prior to the effective date of this order.

     Sec. 7.  (a)  Any transaction by a United States person or within the United States 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. 8.  Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof.

     Sec. 9.  For the purposes of this order:

     (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 or national, 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. 10.  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 redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law.  All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order.

     Sec. 11.  The Secretary of the Treasury, in consultation with the Secretary of State, 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. 12.  The Secretary of the Treasury, in consultation with the Secretary of State, 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. 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.

     Sec. 14.  This order is effective at 8:00 p.m. eastern standard time on February 25, 2011.

BARACK OBAMA

THE WHITE HOUSE,

    February 25, 2011.

ANNEX

Individuals

1.  Ayesha QADHAFI [Lieutenant General in the Libyan Army, born circa 1976 or 1977]
2.  Khamis QADHAFI [born 1980]
3.  Muammar QADHAFI [Head of State of Libya, born 1942]
4.  Mutassim QADHAFI [National Security Advisor and Lieutenant Colonel in the  Libyan Army, born circa 1975]
5.  Saif Al-Islam QADHAFI [born June 5, 1972]