Executive Order 13566

Executive Order 13566

Executive Order 13566 in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On February 25, 2011, President Barack Obama issued Executive Order 13566, “Blocking Property and Prohibiting Certain Transactions Related to Libya” (“E.O. 13566”) pursuant to the International Emergency Economic Powers Act, 50 U.S.C. 1701-06 (“IEEPA”), the National Emergencies Act, 50 U.S.C. 1601, and 3 U.S.C. § 301. 76 Fed. Reg. 11,315 (Mar. 2, 2011). The order includes the President's finding that the situation in Libya threatened the national security of the United States:

I… 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.

Developments

Section 1 of E.O. 13566 blocks all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any United States person, including any overseas branch, of the persons listed in the annex to the order as well as those subsequently determined by the Treasury Department in consultation with the State Department:

(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.

Details

Section 2 of E.O. 13566 blocks property of the government of Libya, its agencies, instrumentalities, and controlled entities, and the Central Bank of Libya. On July 1, 2011, the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”) issued the Libyan Sanctions Regulations to implement E.O. 13566. 76 Fed. Reg. 38,562 (July 1, 2011).

On February 25, 2011, President Obama delivered a statement on the Libya sanctions:

The Libyan Government's continued violation of human rights, brutalization of its people, and outrageous threats have rightly drawn the strong and broad condemnation of the international community. By any measure, Muammar al-Qadhafi's Government has violated international norms and common decency and must be held accountable. These sanctions therefore target the Qadhafi Government, while protecting the assets that belong to the people of Libya.

Going forward, the United States will continue to closely coordinate the U.S. actions with the international community, including the U.S. friends and allies and the United Nations. We will stand steadfastly with the Libyan people in their demand for universal rights and a government that is responsive to their aspirations. Their human dignity cannot be denied.

More about the Issue

Daily Comp. Pres. Docs., 2011 DCPD No. 00113, p. 1.

OFAC acted repeatedly pursuant to E.O. 13566, identifying and designating individuals and entities as subject to the asset freeze in the following notices in the Federal Register: 76 Fed. Reg. 17,188 (Mar. 28, 2011) (additional identifying information for five individuals listed in the annex to E.O. 13566); 76 Fed. Reg. 20,450 (Apr. 12, 2011) (nine individuals, including several members of Qadhafi's family); 76 Fed. Reg. 21,801 (Apr. 18, 2011) (five individuals and two entities); 76 Fed. Reg. 25,783 (May 5, 2011) (30 entities); 76 Fed. Reg. 28,503 (May 17, 2011) (three entities); 76 Fed. Reg. 37,404 (June 27, 2011) (nine entities). Among those designated were individuals and entities listed for sanctions by the United Nations Security Council's committee established pursuant to Resolution 1970. See (internet link) un.org/sc/committees/1970/.

As officials defected from Qadhafi's regime and then, subsequent to Qadhafi's death, the United States began the process of unblocking assets by removing individuals and entities from the list of persons designated pursuant to E.O. 13566, in the following notices in the Federal Register: 76 Fed. Reg. 20,451 (Apr. 12, 2011); 76 Fed. Reg. 37,892 (June 28, 2011) (one individual); 76 Fed. Reg. 72,502 (Nov. 23, 2011) (42 entities).

After the United States recognized the Transitional National Council of Libya (“TNC”) as the legitimate governing authority for Libya (see in the content of this world legal encyclopedia 9), OFAC issued General License No. 6 authorizing all transactions involving the TNC, provided that (l) the transactions do not involve any other person whose property and interests in property are blocked; and (2) all property and interests in property blocked pursuant to E.O. 13566 remain blocked. OFAC later issued General License Nos. 7A, 8A, and 11 authorizing transactions involving the government of Libya, subject to certain limitations. See OFAC, Overview of Sanctions, available at (internet link) treasury.gov/resource-center/sanctions/Programs/Documents/libya.pdf.

Resources

See Also

  • Sanctions
  • Export Controls
  • International Restrictions
  • Imposition Of Sanctions
  • Implementation Of Sanctions
  • Modification Of Sanctions
  • Libya
  • United States

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