Executive Order 12/21/17 (Dated 12.01.21.12. 2017)
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It would appear Executive Order 12/21 is directed primarily at foreigners and has a distinctly anti-Russian flavour, although i haven't seen the full list. If it doesn't include any of the REAL 9/11 criminals or domestic politicians recently in the news, I doubt if it has much signifiance but of course I am open to being persuaded otherwise.
"The people sanctioned include Yahya Jammeh, former president of Gambia; Slobodan Tesic, an arms dealer in the Balkans; Mukhtar Hamid Shah, a Pakistani surgeon specializing in kidney transplants; Guatemalan Congressman Julio Antonio Juárez Ramírez; and Artem Chaika, the son of Russia’s prosecutor general.
“Today, the United States is taking a strong stand against human rights abuse and corruption globally by shutting these bad actors out of the U.S. financial system,” Treasury Secretary Steven Mnuchin said in a statement. The Global Magnitsky Act is a broader version of the Russia-specific Magnitsky Act, passed in 2012. Both are named after Sergei Magnitsky, a Russian lawyer who died in 2009 under mysterious circumstances, as a prisoner of the Russian government after uncovering corruption" Source: https://www.politico.com/.../trump-targets-human-rights..
Trump targets human rights abusers with executive order
"Trump signed an executive order declaring a national emergency related to “serious human rights abuse and corruption around the world” and imposed sanctions on 13 individuals, using his authority under the 2016 Global Magnitsky Act."
From: https://www.politico.com/story/2017/12/21/trump-targets-human-rights-abusers-executive-order-russia-255032
Of course there may be an implicit flaw in the reasoning as per, "have their source, in whole or in substantial part, outside the United States, "?
There are a few observations that may or may not be helpful:
first Trump by virtue of the Executive Order declaring a STATE OF EMERGENCY. That would appear an extreme measure to target the assets of foreign nationals and for which there must be surely other legislation provision made without it. So I wonder once made the SoE can be used for purposes other than those specified? Is it in fact a 'foot in the door' or the 'thin end of the wedge', so to speak. Is anyone asking this question?
2. The power is effectively two-fold namely to sieze control of property and assets of the named individuals and to criminalise anyone aiding or abetting them contrary to the provisions of the order. So the scope extends beyond the named individuals and could easily include nationalised Americans. Depending on what activities the named individuals are engaged in, the scope is very wide and in theory could encapsulate many. Is that part of the idea?
3. Obviously Trump hasn't come up with the list of individuals. This must have come from state security organs. How were they chosen and for what reason. What criteria was applied? Given the number and proclivity of criminals domestic and foreign, such a limited list takes on rather questionable - if not suspicious - overtones.
4. Then there is the idea of doing it, itself (a different matter) Was it Trump's or was it a suggestion put to him and for what purpose other than the stated one. Note it was done immediately before Christmas it seems, which suggests to me an element of subterfuge rather than making political capital out of it. Knowing Trump this appears counter instinctive, as it fits both his anti-foreigner and anti-crime stance. I'm not sure how we should read this but it would appear to me that Trump is being manipulated by others here.
5. It appears unrelated to all those 'closed indictments' we heard about. Is it and what has happened to those?
The named individuals are listed below: ANNEX
1. Mukhtar Hamid Shah; Date of Birth (DOB) August 11, 1939; alt. DOB November 8, 1939; nationality, Pakistan
2. Angel Rondon Rijo; DOB July 16, 1950; nationality, Dominican Republic
3. Dan Gertler; DOB December 23, 1973; nationality, Israel; alt. nationality, Democratic Republic of the Congo
4. Maung Maung Soe; DOB March 1964; nationality, Burma
5. Yahya Jammeh; DOB May 25, 1965; nationality, The Gambia
6. Sergey Kusiuk; DOB December 1, 1966; nationality, Ukraine; alt. nationality, Russia
7. Benjamin Bol Mel; DOB January 3, 1978; alt. DOB December 24, 1978; nationality, South Sudan; alt. nationality, Sudan
8. Julio Antonio Juárez Ramírez; DOB December 1, 1980; nationality, Guatemala
9. Goulnora Islamovna Karimova; DOB July 8, 1972; nationality, Uzbekistan
10. Slobodan Tesic; DOB December 21, 1958; nationality, Serbia
11. Artem Yuryevich Chayka; DOB September 25, 1975; nationality, Russia
12. Gao Yan; DOB April 1963; nationality, China
13. Roberto Jose Rivas Reyes; DOB July 6, 1954; nationality, Nicaragua
From WIKI: "Dan Gertler (born December 1973) is an Israeli billionaire businessman in natural resources and the founder and President of the DGI (Dan Gertler International) Group of Companies. He has diamond and copper mining interests in the Democratic Republic of the Congo (DRC) and has invested in iron ore, gold, cobalt, oil, agriculture, and banking.[2] As of 2015 his fortune was estimated at 1,26 billion by Forbes.[3]
Gertler's deals have been under scrutiny by the International Monetary Fund (IMF) and the World Bank since 2012. He has been described as controversial[4] and says of himself, he should be awarded a Nobel Prize for his "work developing the Democratic Republic of the Congo".[2] The Panama papers revealed deals carried out through Mossack Fonseca shell companies, among his many offshore companies."
Gertler's deals have been under scrutiny by the International Monetary Fund (IMF) and the World Bank since 2012. He has been described as controversial[4] and says of himself, he should be awarded a Nobel Prize for his "work developing the Democratic Republic of the Congo".[2] The Panama papers revealed deals carried out through Mossack Fonseca shell companies, among his many offshore companies."
Note the countries identified. Apart from TWO Russian nationals no country is repeated twice and virtually ALL are areas of conflict or where the US has an active military or covert presence. This cannot be accidental and may indicate the purpose at a deeper level insofar accessing all the assets from those respective areas may supply far more information about the political overlords and other sensitive information. We are all aware of the essentially corrupt nature of international trade and how it fuels war and strategic policy making. I have to say I take the high moral tone of the document with a large pinch of salt given the activities of the United States in recent decades - too many to list.
Executive Order 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:
(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:
(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.
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.
DONALD J. TRUMP
THE WHITE HOUSE,
December 20, 2017.
ANNEX
1. Mukhtar Hamid Shah; Date of Birth (DOB) August 11, 1939; alt. DOB November 8, 1939; nationality, Pakistan
2. Angel Rondon Rijo; DOB July 16, 1950; nationality, Dominican Republic
3. Dan Gertler; DOB December 23, 1973; nationality, Israel; alt. nationality, Democratic Republic of the Congo
4. Maung Maung Soe; DOB March 1964; nationality, Burma
5. Yahya Jammeh; DOB May 25, 1965; nationality, The Gambia
6. Sergey Kusiuk; DOB December 1, 1966; nationality, Ukraine; alt. nationality, Russia
7. Benjamin Bol Mel; DOB January 3, 1978; alt. DOB December 24, 1978; nationality, South Sudan; alt. nationality, Sudan
8. Julio Antonio Juárez Ramírez; DOB December 1, 1980; nationality, Guatemala
9. Goulnora Islamovna Karimova; DOB July 8, 1972; nationality, Uzbekistan
10. Slobodan Tesic; DOB December 21, 1958; nationality, Serbia
11. Artem Yuryevich Chayka; DOB September 25, 1975; nationality, Russia
12. Gao Yan; DOB April 1963; nationality, China
13. Roberto Jose Rivas Reyes; DOB July 6, 1954; nationality, Nicaragua
Thank you Ross. I felt obliged to make a stab at responding to your request. I have turned it into a little article for my blog, so thanks for that, though I realise it's very superficial and lacks real insight. For example I have no idea why it was legally or politically necessary to declare a "State of Emergency" (apparently) to take draconian measures against 13 (unlucky for some!) inividuals? For those interested in the meaning of numbers, there certainly appears to have been a lot of 1's and 2's in the time and date. I have no idea if this was meant to be significant.
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