By the authority vested in me as President by the Constitution and laws of the United States of America, including the Robert Levinson Hostage Recovery and Hostage-taking Accountability Act (22 U.S.C. 1741 et seq.) (Levinson Act ), 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), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f) ), and Section 301 of Title 3, United States Code,
I, Joseph R. Biden JR., President of the United States of America, consider the taking of hostages and wrongful detention of American nationals to be heinous acts that undermine the rule of law. Terrorist organizations, criminal groups and other malicious actors that take hostages for financial, political or other gain, as well as foreign states that engage in the practice of wrongful detention, including for political or obtain concessions from the United States, threaten the integrity of the international political system and the security of United States nationals and others abroad. I therefore determine that the hostage-taking and wrongful detention of U.S. nationals abroad poses an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with this threat.
The United States Government must redouble its efforts at home and with partners abroad to deter such practices and secure the release of those held hostage or wrongfully detained. The processes established under Executive Order 13698 of June 24, 2015 (Hostage Recovery Activities) and Presidential Directive 30 of June 24, 2015 (U.S. Nationals Taken Hostage Abroad and Personnel Recovery Efforts) (PPD- 30) facilitated close interagency coordination of efforts to ensure the safe release of U.S. nationals held hostage overseas, including engagement with families of hostages and supporting diplomatic engagement with partners abroad. This order reinforces the roles, responsibilities and commitments contained in these guidelines and aims to ensure that, as with hostage recovery activities, interagency coordination, family engagement and diplomatic tools are enshrined in the efforts of the United States government to secure the release and safe return of U.S. Nationals wrongfully detained by foreign state actors. This order also strengthens the tools to deter and impose tangible consequences on those responsible for or complicit in the hostage-taking or wrongful detention of a U.S. person abroad.
Section 1. Executive Order 13698 and PPD-30 will continue to apply to hostage recovery activities in the United States. Nothing in this Order shall alter the responsibilities of the Hostage Recovery Fusion Cell (HRFC), the Hostage Response Group (HRG), or the President’s Special Envoy for Hostage Affairs (SPEHA), established by Executive Order 13698, with respect to hostage recovery activities. under Executive Order 13698 or PPD-30. This order also will not change the scope of PPD-30, which applies to both alleged and confirmed hostage takings in which a United States national is abducted or detained outside the United States. United States, as well as other hostage situations occurring abroad in which the United States has a national interest, but does not apply if a foreign government confirms that it has detained a United States national.
Second. 2. (a) The HRG shall, in coordination with the Regional Directorates of the National Security Council, as appropriate, meet regularly and as required at the request of the National Security Council to work to ensure the safe release of American nationals held hostage. or wrongfully detained abroad.
(b) The HRG, in support of the National Security Council Committee of Deputies and in accordance with the process outlined in National Security Memorandum 2 of February 4, 2021 (National Security Council System Renewal), or any successor memorandum, must :
(i) identify and recommend options and strategies to the President through the Assistant to the President for National Security Affairs to ensure the recovery of hostages or the return of wrongfully detained U.S. nationals;
(ii) coordinate the development and implementation of policies, strategies, and procedures for the recovery of hostages or the return of wrongfully detained U.S. nationals;
(iii) coordinate and confront policy directions, strategies, and activities that may affect the recovery or well-being of U.S. nationals held hostage or the return or well-being of U.S. nationals wrongfully detained abroad , including consideration of proposed recovery or return options;
(iv) Receive regular updates from HRFC, the Office of SPEHA, and other executive departments and agencies (agencies), as the HRG deems appropriate, on the status of U.S. nationals held hostage or wrongfully detained at abroad and on the measures taken to effect safe releases;
(v) receive regular updates from the Department of State on all new wrongful detention orders; and
(vi) When higher level direction is required, make recommendations to the Committee of Deputies of the National Security Council.
Second. 3. (a) SPEHA reports regularly to the Secretary of State and as needed to advance efforts to ensure the safe release of U.S. nationals wrongfully detained abroad.
(b) SPEHA shall, where applicable and in accordance with applicable law:
(i) Coordinate diplomatic engagements and strategy regarding hostage and wrongful detention cases, in coordination with HRFC and relevant agencies as appropriate and in accordance with policy guidance communicated through the HRG;
(ii) share information, including information acquired through consular interactions and engagements, regarding cases of wrongful detention with relevant agencies to facilitate close inter-agency coordination;
(iii) leverage HRFC’s experience and expertise to support efforts to remove wrongfully detained U.S. nationals, including providing support and assistance to the families of those wrongfully detained;
(iv) develop and regularly update, in coordination with relevant agencies, strategies for wrongful detention cases for review by the HRG;
(v) Ensure, in coordination with the Office of the Director of National Intelligence, that relevant agencies have access to necessary information, including intelligence information, on cases of wrongful detention to inform strategies and options ; and
(vi) share, in coordination with the Office of the Director of National Intelligence, relevant information, including intelligence information, on developments in wrongful detention cases with the families of wrongfully detained U.S. nationals in a timely manner, as appropriate and in accordance with source and method protection.
(c) To ensure that the United States government provides a coordinated, effective, and supportive response to wrongful detentions, the Secretary of State shall identify adequate resources to enable SPEHA:
(i) Ensure that all interactions of executive branch officials with the family of a wrongfully detained U.S. national occur in a coordinated manner and that the family receives consistent and accurate information from the U.S. government, according to as appropriate and in accordance with applicable law;
(ii) provide support and assistance to wrongfully detained U.S. nationals and their families throughout their detention, including in coordination with the HRFC, as appropriate and in accordance with applicable law; and
(iii) provide support and assistance to United States nationals upon their return to the United States after wrongful detention, including in coordination with HRFC and the Department of Health and Human Services, as appropriate and in accordance to the applicable law.
Second. 4. SPEHA, in coordination with the HRG, HRFC and relevant agencies, as appropriate, identifies and recommends options and strategies to the President through the Assistant to the President for National Security Affairs in order to reduce the likelihood of U.S. nationals being taken hostage or wrongfully detained overseas. Options must seek to counter and deter wrongful hostage-taking and detention by terrorist organizations, foreign governments and other actors by imposing costs on those who participate in, support or facilitate such conduct. Strategies should seek to deter attempts to take hostages or wrongfully detain U.S. nationals abroad through cooperation with like-minded foreign governments and organizations.
Second. 5. The Secretary of State shall publicly or privately designate or identify foreign government officials who are implicated, directly or indirectly, in wrongful detentions, as appropriate and in accordance with applicable law, including section 7031(c) of the Department of State, Foreign Affairs Operating Appropriations and Related Programs Act of 2022 (Division K of Public Law 117-103).
Second. 6. (a) All property and interests in property of the following persons who are in the United States, who hereafter come to the United States, or who are or shall henceforth be in the possession or control of any person of the United States, are blocked from being transferred, paid for, exported, withdrawn or otherwise dealt in:
(i) any alien determined by the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General:
(A) being responsible for or complicit in, engaging directly or indirectly in, or being responsible for ordering, controlling, or otherwise directing the taking of a hostage of a U.S. person or the wrongful detention of a a U.S. national abroad;
(B) attempting to engage in any activity described in subsection (a)(i)(A) of this Section; Where
(C) be or have been an officer or officer of an entity that has engaged or whose members have engaged in any of the activities described in subsections (a)(i)(A) or (a)(i)(B) of this section relating to the tenure of officer or official;
(ii) any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General:
(A) having materially assisted, sponsored or provided financial, material or technological support, or goods or services to or in support of:
(1) any activity described in subsection (a)(i)(A) of this Section; Where
(2) anyone whose property and interests in property are blocked under this order;
(B) be owned, controlled or directed by, or 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; Where
(C) attempting to engage in any activity described in subsection (a)(ii)(A) of this Section.
(b) The prohibitions in paragraph (a) of this section apply, except to the extent provided by law, or in regulations, orders, directions or licenses which may be issued under this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this Order.
Second. 7. (a) The unrestricted entry of immigrants and nonimmigrants into the United States of noncitizens determined to meet one or more of the criteria set forth in Section 6(a) of this order would be detrimental interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is suspended, except when the Secretary of State or the Secretary of Homeland Security, as case, determines that the person’s entry would not be adverse to the interests of the United States, including when the Secretary of State or the Secretary of Homeland Security, as applicable, so determines, on the basis of a Attorney General’s recommendation that the person’s entry would further important law enforcement objectives in the United States.
(b) The Secretary of State shall implement such authority as it applies to visas in accordance with such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.
(c) The Secretary of Homeland Security shall implement this Order as it applies to the entry of non-nationals pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State , can establish.
(d) Such persons shall be treated by this Section in the same manner as persons referred to in Section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to Security Council Travel Bans of the United Nations and the sanctions of the International Emergency Economic Powers Act).
Second. 8. I hereby declare that making donations of the types of items specified in Section 203(b)(2) of the IEEPA (50 U.S.C. 1702(b)(2)) by, to or for the benefit of anyone whose property and interests in property are blocked under 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 in article 6 of this ordinance.
Second. 9. (a) Any transaction that evades or avoids, is intended to evade or avoid, results in, 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.
Second. 10. For persons whose property and interests in property are blocked pursuant to this order and who may have a constitutional presence in the United States, I conclude that because of the ability to transfer funds or other assets instantly, notice to such persons of the action to be taken under this order would render such action ineffective. I therefore determine that for these measures to be effective in dealing with the national emergency declared in this order, it is not necessary for there to be prior notice of a listing or a decision made under of Article 6 of this Ordinance.
Second. 11. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such action, including the promulgation of rules and regulations, and to use any powers granted to the President by the IEEPA which may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, in accordance with applicable law, re-delegate any of these functions within the Department of the Treasury. All agencies of the United States government will take all appropriate action within their authority to enforce the provisions of this order.
Second. 12. Nothing in this Executive Order prohibits dealings for the conduct of official United States Government business by employees, beneficiaries, or contractors thereof.
Second. 13. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to Congress on the national emergency declared in this Executive Order, pursuant to Section 401(c) of the NEA (50 U.S.C. 1642(c)) and section 204(c) of the IEEPA (50 U.S.C. 1703(c)).
Second. 14. For the purposes of this Order:
(a) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup or other organization;
(b) the term “foreign person” means any citizen or national of a foreign state (including any individual who is also a citizen or national of the United States, provided that such individual does not reside in the United States) or any entity not organized solely under the laws of the United States or existing solely in the United States;
(c) the term “hostage taking” has the same meaning as provided in PPD-30, which is the unlawful removal or detention of a person or persons against their will in order to coerce a third person or a governmental organization to do or refrain from any act that would condition the release of the detained person;
(d) “non-citizen” means any person who is not a citizen or non-citizen of the United States;
(e) “person” means an individual or entity;
(f) “United States Person” means:
(i) a “United States person” as defined in 8 U.S.C. 1101(a)(22) or 8 U.S.C. 1408; Where
(ii) a lawful permanent resident with significant ties to the United States;
(g) the term “United States Person” means any citizen of the United States, lawful permanent resident, entity incorporated under the laws of the United States or any jurisdiction in the United States (including foreign branches), or anyone in the United States; and
(h) “wrongful detention” means detention that the Secretary of State has determined to be unlawful pursuant to section 302(a) of the Levinson Act.
Second. 15. (a) Nothing in this Order shall be construed as impairing or otherwise affecting:
(i) the authority granted by law to an executive department or agency, or its head; Where
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative or legislative proposals.
(b) This order will be enforced in accordance with applicable law and subject to the availability of funds.
(c) This order is not intended to create 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.
JOSEPH R. BIDEN JR.
