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Did Obama break the law again with an EO?


Posted: Mar 6, 2014

He signed this EO today. Aren't these sanctions and isn't it the responsibility of Congress to vote on sanctions? He's at least being truthful about one pledge he made; i.e., the "I've got a pen and I'll use it" style. He's already signed 5 executive orders since January. I went back through a bunch of EOs and some are very interesting. This is not the first time he alone put sanctions on a country. A quick look gave me 3 or 4 and maybe more.

Blocking Property of Certain Persons Contributing to the Situation in Ukraine

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person (including any foreign branch) of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: 

(i) to be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the following: 

(A) actions or policies that undermine democratic processes or institutions in Ukraine; 

(B) actions or policies that threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine; or 

(C) misappropriation of state assets of Ukraine or of an economically significant entity in Ukraine;

(ii) to have asserted governmental authority over any part or region of Ukraine without the authorization of the Government of Ukraine; 

(iii) to be a leader of an entity that has, or whose members have, engaged in any activity described in subsection (a)(i) or (a)(ii) of this section or of an entity whose property and interests in property are blocked pursuant to this order; 

(iv) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in subsection (a)(i) or (a)(ii) of this section or any person whose property and interests in property are blocked pursuant to this order; or 

(v) 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. 

(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 prior to the effective date of this order. 

Sec. 2. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in subsection 1(a) of this order would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. 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 type 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 section 1 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 section 1 of this order. 

Sec. 4. The prohibitions in section 1 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. 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 section 1 of this order. 

Sec. 8. 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. 9. 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. 10. 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. 

;

So, he gets blamed for doing nothing, and he does something and he's wrong again. This is gett - ing SO old NM

[ In Reply To ..]
x

Poor guy... - sm

[ In Reply To ..]
This is what happens when your only government experience is being a senator for 10 minutes.

No... - Kev

[ In Reply To ..]
He didn't do anything, so he's still being blamed for doing nothing. His pitiful sanctions won't make a difference. He did nothing... just as he done his entire presidency.... nothing.

In a word? - No. (sm)

[ In Reply To ..]
This is not breaking the law. You need to understand the nature of executive orders and the exigencies of international relations.

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