Summary of Trump’s Executive Order targeting human rights abuse and corruption

Estela Jordan
5 min readDec 27, 2017

--

“serious human rights abuse and corruption around the world constitute an extraordinary threat, and I hereby declare a national emergency to deal with that threat.”

Donald Trump’s recent Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption has critics and supporters alike debating the potential ramifications. Government legislation is full of legal jargon, so I have edited a short summary and an outline for easier digestion.

This short summary provides a basic overview of the order:

Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption (12/21/17)

I, DONALD J. TRUMP, determine and order:

Sec. 1.(a) All property of the following persons are blocked:
(i) the persons listed in the Annex to this order;
(ii) any foreign person or government leader complicit in serious human rights abuse or corruption (determined by the Secretary of the Treasury);
(iii) any person determined to have assisted any activity described that is conducted by a foreign person (determined by the Secretary of the Treasury).

Sec. 2. The unrestricted entry into the United States of aliens determined to meet the criteria in section 1 is hereby suspended.

This outline conveys some additional detail for further clarification:

Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption

Issued: December 21, 2017

By the authority vested in me as President,

I, DONALD J. TRUMP, find that the prevalence of human rights abuse and corruption have reached such scope that they threaten the stability of international political and economic systems. The United States seeks to impose 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 extraordinary threat, and I hereby declare a national emergency to deal with that threat.

I hereby determine and order:

Section 1.(a) All property (that are in the United States or that come within the control of any United States person) of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: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:
— A. to be complicit in serious human rights abuse;

— B. to be a government official who is complicit in:
— — (1) corruption;
— — (2) the transfer of proceeds of corruption;

— C. to be a leader or official of:
— — (1) an entity that has engaged in any of the activities described;
— — (2) an entity whose property are blocked pursuant to this order;

— D. to have attempted to engage in any of the activities described.

(iii) any person determined by the Secretary of the Treasury:
— A. to have assisted:
— — (1) any activity described that is conducted by a foreign person;
— — (2) any person whose property are blocked pursuant to this order;
— — (3) any entity that has engaged in any of the activities described where the activity is conducted by a foreign person;

— B. to be controlled by any person whose property are blocked pursuant to this order;

— C. to have attempted to engage in any of the activities described;

(b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into before the effective date of this order.

Sec. 2. The unrestricted entry into the United States of aliens determined to meet the criteria in section 1 of this order is hereby suspended.

Sec. 3. donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)): 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 for the benefit of any person whose property are blocked pursuant to this order;
b. the receipt of any contribution from any such person.

Sec. 5.
a. Any transaction that evades 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;
c. the term “United States person” means any person in the United States.

Sec. 7. There need be no prior notice of a determination made pursuant to this order.

Sec. 8. The Secretary of the Treasury is hereby authorized to employ all powers to implement this order. All [United States] agencies shall take all appropriate measures within their authority to implement this order.

Sec. 9. The Secretary of State is hereby authorized to employ all powers to carry out section 2 of this order and the reporting requirement. The Secretary of State may redelegate any of these functions to other officers and agencies of the United States.

Sec. 10. The Secretary of the Treasury is hereby authorized to determine that circumstances no longer warrant the blocking of the property of a person listed in the Annex to this order.

Sec. 11. The Secretary of the Treasury is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order.

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 enforceable at law or in equity by any party against the United States entities or any other person.

DONALD J. TRUMP
THE WHITE HOUSE,
December 20, 2017.

The sanctions were imposed using authority under the 2016 Global Magnitsky Act, which enables “the US executive branch to apply targeted sanctions on any individual involved in a human rights violation, from senior officials to low-level officers and even nongovernment associates.” The act received widespread bipartisan support and was signed into law by President Barack Obama on December 23, 2016.

Determinations for this order are made by the Secretary of the Treasury, in consultation with the Secretary of State and Attorney General. These cabinet positions are appointed by the President. Here are the current appointments:

— Secretary of the Treasury Steve Mnuchin is a banker who served as finance chair of Trump’s 2016 presidential campaign.
— Secretary of State Rex Tillerson is chairman and CEO of ExxonMobil, a company which plays a critical role in Trump’s proposed foreign policy.
— Attorney General Jeff Sessions was the first sitting US Senator to endorse Trump’s presidential bid.

To read the full text and Annex, you can see the Executive Order here.

An updated list from the Treasury Department can be found here.

--

--

Estela Jordan
Estela Jordan

Written by Estela Jordan

Non-Partisan Anti-Establishment Anti-War Political Activist

No responses yet