By the authority conferred upon me as President by the United States Constitution and laws, including the Robert Levinson Hostage Recovery and Hostagetaking 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), 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, believe that the taking of hostages and the wrongful detention of United States nationals are heinous acts that undermine the rule of law. Terrorist organizations, criminal groups, and other malicious actors that take hostages for financial, political, or other reasons, as well as foreign states that practice unlawful detention, including to exert political leverage or solicit concessions from the United States, pose a threat to the integrity of the United States international political system and the security of US citizens and others abroad. I determine, therefore, that the kidnapping and wrongful detention of US citizens abroad poses an unusual and exceptional threat to the national security, foreign policy and economy of the United States. I hereby declare a national emergency to address this threat.
The United States government must redouble its efforts at home and with partners abroad to end these practices and ensure the release of those held hostage or wrongfully detained. Processes established pursuant to Executive Order 13698 of June 24, 2015 (Hostage Actions) and Presidential Policy Directive 30 of June 24, 2015 (U.S. Nationals Taken Hostage Abroad and Personnel Recovery Efforts) (PPD-30) have a close interagency relationship Coordinating efforts facilitates ensuring the safe release of US citizens held hostage abroad, including working with hostage families and supporting diplomatic outreach with partners abroad. This order strengthens the roles, responsibilities, and obligations embodied in these policies and is intended to ensure that, as with hostage recovery activities, interagency coordination, family engagement, and diplomatic tools are used in United States government efforts are enshrined to ensure the safe release and return of hostages US citizens wrongfully detained by foreign state actors. This order also strengthens the tools to deter and impose specific consequences on those responsible for or involved in the kidnapping or wrongful detention of a US national abroad.
Section 1. Executive Order 13698 and PPD-30 continue to apply to United States hostage-taking activities. Nothing in this order alters the responsibilities of the Hostage Acquisition Fusion Cell (HRFC), the Hostage Protection Group (HRG), or the Special Presidential Envoy for Hostage Affairs (SPEHA) established by Executive Order 13698 with respect to hostage acquisition activities pursuant to Executive Order 13698 or PPD-30 . Nor does this order change the scope of PPD-30, which applies to both suspected and confirmed hostage situations involving the kidnapping or detention of a U.S. national outside the United States, as well as other hostage situations occurring outside the United States have a national interest, however, do not apply when a foreign government confirms that it has detained a US national.
Sec. 2. (a) The HRG, in appropriate coordination with the regional directorates of the National Security Council, shall meet periodically and as necessary at the request of the National Security Council to work to ensure or ensure the safe release of U.S. citizens held hostage wrongfully detained abroad.
(b) The HRG shall, in support of the National Security Council Deputies Committee and consistent with the process outlined in National Security Memorandum 2 dated 4 February 2021 (Renewing the National Security Council System) or any successor memorandum:
(i) identify and recommend to the President, through the Assistant to the President for National Security Affairs, options and strategies to ensure the recovery of hostages or the repatriation of wrongfully detained US citizens;
(ii) coordinate the development and implementation of policies, strategies and procedures for the recovery of hostages or the repatriation of wrongfully detained US citizens;
(iii) coordinate and mitigate policies, strategies and activities that may affect the recovery or well-being of US citizens held hostage or the return or well-being of US citizens wrongfully detained abroad, including reviewing proposed recovery or return options;
(iv) Regular updates from the HRFC, the Office of SPEHA and other law enforcement departments and agencies (agencies), as the HRG deems appropriate, on the status of US citizens who are being held hostage or wrongfully detained abroad , and receive the actions taken to effect secure clearances;
(v) Receive regular updates from the Department of State on any new findings of wrongful detention; and
(vi)
Sec. 3. (a) SPEHA reports to the Secretary of State periodically and as necessary to advance efforts to secure the safe release of U.S. citizens wrongfully detained abroad.
(b) SPEHA shall, to the extent appropriate and consistent with applicable law:
(i) coordinate diplomatic engagements and strategies in relation to hostage and wrongful detention cases, in consultation with the HRFC and relevant authorities, as appropriate and consistent with policy guidance communicated through the HRG;
(ii) share information, including information gleaned from consular interactions and engagements, on cases of wrongful detention with relevant authorities to facilitate close inter-agency coordination;
(iii) draw on the experience and expertise of the HRFC to support efforts to repatriate wrongfully detained US citizens, including by providing support and assistance to the families of those wrongfully detained;
(iv) develop and regularly update policies on cases of unlawful detention for review by the HRG, in coordination with the relevant authorities;
(v) ensure, in coordination with the Office of the Director of National Intelligence, that relevant authorities have access to necessary information, including intelligence, on cases of wrongful detention to inform strategies and options; and
(vi) in coordination with the Office of the Director of National Intelligence, relevant information, including intelligence information, about developments in wrongful detention cases with the families of wrongly detained US citizens in a timely manner, as appropriate and consistent with the protection of sources and methods.
(c) To ensure that the United States government provides a coordinated, effective, and supportive response to wrongful detention, the Secretary of State must identify adequate resources to enable SPEHA to:
(i) Ensure that all interactions by law enforcement officials with the family of a wrongly detained US national are coordinated and that the family receives consistent and accurate information from the United States government, as appropriate and consistent with applicable law ;
(ii) provide support and assistance to wrongfully detained US citizens and their families throughout their incarceration, including through coordination with the HRFC, as appropriate and consistent with applicable law; and
(iii) Assist and assist United States nationals in their return to the United States from unlawful detention, including through coordination with the HRFC and the Department of Health and Human Services, as appropriate and consistent with applicable law.
Sec. 4. SPEHA, in coordination with the HRG, the HRFC and relevant authorities, will identify and recommend options and strategies to the President to reduce the likelihood of United States nationals being held hostage or wrongfully detained abroad will. The options are designed to counteract and deter hostage-taking and unlawful detention by terrorist organizations, foreign governments and other actors by imposing costs on those who engage in, assist or facilitate such acts. The strategies are designed to work with like-minded foreign governments and organizations to counter any efforts to engage in hostage-taking or unlawful detention of US nationals abroad.
Sec. 5. The Secretary of State shall designate or identify officials of foreign governments, public or private, directly or indirectly involved in unlawful detention, as appropriate and consistent with applicable law, including Section 7031(c) of the Department of State Appropriations for Operations Act and Related Programs, 2022 (Public Law Division K 117-103).
Section 6. (a) All assets and interest in property of the following persons who are in the United States, who subsequently come to the United States, or who are or hereafter owned or controlled by a United States person shall be frozen and may not be transferred, paid for, exported, withdrawn or otherwise traded:
(i) any foreign person designated by the Secretary of State in consultation with the Secretary of the Treasury and the Attorney General:
(A) to be responsible or complicit in, directly or indirectly involved in, or responsible for ordering, controlling or otherwise the taking of a US person hostage or the unlawful detention of a US person to steer abroad;
(B) attempted to engage in any of the activities described in subsection (a)(i)(A) of this Section; or
(C) being or having been an officer or officer of any entity engaged in, or members of, any of the activities described in subsection (a)(i)(A) or (a)(i). have participated in (B) this section relating to the tenure of the director or officer;
(ii) any foreign person as determined by the Secretary of the Treasury in consultation with the Secretary of State and the Attorney General:
(A) having materially endorsed, sponsored, or provided any financial, material, or technological support for, or goods or services for, or in support of:
(1) any activity described in subsection (a)(i)(A) of this section; or
(2) any person whose property and property interests are blocked pursuant to this Order;
(B) is owned, controlled or directed by, or has acted or purports to act, directly or indirectly, for or on behalf of any person whose property and proprietary interests are blocked pursuant to this Order; or
(C) attempted to engage in any of the activities described in subsection (a)(ii)(A) of this section.
(b) The prohibitions in subsection (a) of this Section shall apply except to the extent provided by any statute or regulation, order, directive or license which may be issued pursuant to such order and notwithstanding any contract or license entered into or Permission granted prior to the date of this order.
Sec. 7. (a) Unrestricted entry into the United States of non-citizens by immigrants and non-immigrants determined to meet one or more of the criteria set forth in Section 6(a) of this order would be in the interests of the harm the United States, and entry into the United States of such persons, whether immigrants or nonimmigrants, is hereby suspended unless the Secretary of State or Secretary of Homeland Security determines that entry of the person would not be contrary to the interests of the United States , even if the Secretary of State or Secretary of Homeland Security, based on a recommendation from the Attorney General, determines that entry of the person would further important law enforcement objectives of the United States.
(b) The Secretary of State shall implement this authority in relation to visas in accordance with procedures that the Secretary of State may establish in consultation with the Secretary of Homeland Security.
(c) The Secretary of Homeland Security shall enforce this order to the extent it applies to the entry of non-citizens in accordance with procedures which the Secretary of Homeland Security may establish in consultation with the Secretary of State.
(d) Such persons shall be treated by this Section in the same manner as persons covered by Section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens, United Nations Security Council Travel Bans and International Emergency Economic Sanctions subject to the Powers Act). ).
sec. 8. I hereby determine that donations of the type of articles specified in Section 203(b)(2) of the IEEPA (50 U.S.C. 1702(b)(2)) shall be made by, to or for the benefit of persons whose Blocking property and property interests 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 in Section 6 of this order.
Section 9. (a) Any transaction which evades or avoids, has the purpose of evading or avoiding, causes injury, 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. 10. For persons whose property and property interests are blocked under this order and who may have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets immediately, prior notice to such persons of Taking any action required under this order would render such action ineffective. I therefore determine that in order for these measures to be effective in addressing the national emergency declared in this order, no prior notification of a listing or determination under Section 6 of this order is required.
Sec. 11. The Secretary of the Treasury, in consultation with the Secretary of State, shall have authority to take such action, including the promulgation of rules and regulations, and to use any powers delegated to the President by the IEEPA as necessary to carry out the purposes of this order. The Secretary of the Treasury may re-delegate any of these functions within the Department of the Treasury in accordance with applicable law. All agencies of the United States Government shall take all appropriate steps within their power to carry out the provisions of this order.
Section 12. Nothing in this order shall prohibit transactions in the conduct of the official business of the United States Government by employees, beneficiaries or contractors thereof.
Sec. 13. The Secretary of the Treasury is hereby authorized, in consultation with the Secretary of State, to submit recurring and final reports to Congress on the national emergency declared in that order, consistent with Section 401(c) of the NEA (50 U.S.C. 1642(c)) and Section 204(c) of the IEEPA (50 USC 1703(c)).
Sec 14. For purposes of this order:
(a) The term “entity” means a partnership, association, trust, joint venture, corporation, group, sub-group or other organization;
(b) The term “foreign person” means any citizen or national of a foreign country (including any person who is also a citizen or national of the United States if such person is not a resident of the United States) or any entity that not resident in the United States is organized solely under the laws of the United States or exists solely in the United States;
(c) The term “hostage-taking” has the same meaning as in PPD-30, i.e. H. the unlawful abduction or arrest of any person or persons against their will in order to compel a third person or governmental organization to refrain from any action as a condition of the arrestee’s release;
(d) The term “non-citizen” means any person who is not a citizen or non-citizen of the United States;
(e) the term “person” means any person or entity;
(f) The term “US citizen” means:
(i) a “United States citizen” as such terms are used in 8 U.S.C. 1101(a)(22) or 8 U.S.C. 1408; or
(ii) a lawful permanent resident with significant ties to the United States;
(g) The term “US Person” means any US citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign affiliate), or any person in the United States; and
(h) The term “unlawful detention” means detention which the Foreign Secretary has found unlawful in accordance with Section 302(a) of the Levinson Act.
Section 15. (a) Nothing in this Order shall be construed to affect or otherwise affect:
(i) the power delegated by law to an executive department or agency or their heads; or
(ii) the functions of the Director of the Office of Administration and Budget in relation to budgetary, administrative or legislative proposals.
(b) This arrangement will be carried out in accordance with applicable law and subject to the availability of funds.
(c) 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 bodies, its officers, employees, or agents , or any other person.
JOSEPH R BIDEN JR
