Blocking Property of Certain Persons Associated With the International Criminal Court
This executive order (EO 13928) declares a national emergency in response to the International Criminal Court’s (ICC) asserted jurisdiction over U.S. personnel and allied officials, particularly regarding investigations into actions in Afghanistan. The core aim is to deter ICC actions by imposing targeted sanctions on ICC officials and their associates. It authorizes the blocking of property and preventing U.S. persons from engaging in transactions with those designated, and it also suspends the entry of blocked individuals and their immediate family members into the United States. The order relies on and activates tools from the International Emergency Economic Powers Act (IEEPA) and the National Emergencies Act (NEA), with Treasury implementing the measures and the State Department making determinations about who is blocked. It explicitly rejects ICC jurisdiction over U.S. personnel and reiterates longstanding U.S. positions against ICC jurisdiction over Americans. In short, the EO creates a sanctions regime aimed at punishing and limiting ICC actions by denying entry and freezing assets of ICC-related persons and allies, while preserving certain government functions and allowing for regulatory adjustments and ongoing congressional reporting.
Key Points
- 1Blockaded property and prohibitions: The order blocks all property and interests in property of specified foreign persons (ICC officials and those connected to the ICC) who are determined by the Secretary of State, in consultation with Treasury and the Attorney General, to have engaged in attempts by the ICC to investigate, arrest, detain, or prosecute U.S. personnel (or allied personnel) without consent. Transactions with such blocked persons are prohibited.
- 2Donations prohibition: Donations of the kinds of articles blocked under IEEPA to or for the benefit of blocked persons are prohibited, reinforcing the financial squeeze on individuals tied to ICC actions.
- 3Entry suspension: The order suspends the entry of blocked persons into the United States as immigrants or nonimmigrants, including their immediate family members, with limited exceptions. It also extends to ICC employees or agents as determined by the Secretary of State, subject to certain determinations that their entry would not harm U.S. interests.
- 4Authority and implementation: The Secretary of the Treasury, in consultation with the Secretary of State (and subject to applicable law), is empowered to implement the order, including issuing regulations and enforcing the sanctions. Departments and agencies are required to take appropriate measures to implement it, and Treasury must provide ongoing reports to Congress.
- 5Definitions and scope: The order provides definitions for terms like “person,” “entity,” “United States person,” “United States personnel,” “ally of the United States,” and “immediate family member” to clarify who may be affected and what counts as blocked property. It also notes that certain pre-existing laws and executive authorities remain in effect, and that the order does not confer rights against the United States.