Presidential Executive Order Blocking the Entry of Ukraine “Bad Actors”

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On February 21, 2022, President Biden signed an Executive Order to respond to President Putin’s action to purportedly recognize the so-called Donetsk and Luhansk People’s Republics (DNR and LNR) as “independent” states.

This Executive Order prohibits:

  • New investment in the so-called DNR or LNR regions of Ukraine by a United States person, wherever located;

  • The importation into the United States, directly or indirectly, of any goods, services, or technology from the so-called DNR or LNR regions of Ukraine;

  • The exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, services, or technology to the so-called DNR or LNR regions of Ukraine;

  • And any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be covered by these prohibitions if performed by a United States person or within the United States.

The Executive Order also provides authority to impose sanctions on persons determined:

  • To operate or have operated since the date of the order in the so-called DNR or LNR regions of Ukraine;

  • To be or have been since the date of the order a leader, official, senior executive officer, or member of the board of directors of an entity operating in the so-called DNR or LNR regions of Ukraine;

  • 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;

  • Or to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this order.

The Executive Order also states that the entry of individuals who fall under the above criteria as immigrants or nonimmigrants is suspended “…except where the Secretary of State or the Secretary of Homeland Security, as appropriate, so determines, based on a recommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. (b) The Secretary of State shall implement this authority as it applies to visas pursuant to 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 noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. (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 Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions).”

The Department of the Treasury is issuing six General Licenses to ensure that humanitarian and other related activity can continue in these regions:

  • The purpose of this E.O. is to deny Russia the chance to profit from its blatant violations of international law. These actions are not directed at the people of Ukraine or the Ukrainian government.

  • Treasury’s General Licenses are designed to support the innocent people who live in the so-called DNR and LNR regions who did not have a choice in Russia’s destabilizing and illegitimate actions today.

  • The licenses allow a short-term wind down of activities, as well as for the export to the regions of food, medicine and medical devices, and ensure personal remittances can continue to flow.

  • The licenses also allow telecommunications and internet services to remain operational, and mail services to continue.

  • The licenses allow international organizations to be able to provide aid to the people in these two regions.