ExecutiveOrdersEO
EO 13581Executive OrderObama · D Quiet signal

Executive Order 13581

Blocking Property of Transnational Criminal Organizations

This executive order declares a national emergency and blocks all U.S.-based assets of significant transnational criminal organizations, authorizing the Treasury Secretary to designate additional targets without prior notice. It prohibits any transactions with or support for designated entities and takes effect immediately upon signing.

Federal Register Open PDF 76 FR 44757

Impact dates

  1. Order effective at 12:01 a.m. eastern daylight time; asset blocking and prohibitions take effect

Key directives

  • Block all property and interests in property of listed and designated persons (Section 1(a))
  • Prohibit donations of specified articles to blocked persons (Section 1(b))
  • Prohibit evasion, avoidance, or conspiracy to violate order (Section 2)
  • Authorize Treasury Secretary to designate additional significant transnational criminal organizations (Section 1(a)(ii))
  • Waive prior notice requirement for listing/determination (Section 4)
  • Direct all agencies to take appropriate measures to carry out order (Section 5)
  • Authorize Treasury Secretary to delist Annex persons (Section 7)

Who is ordered

Timeline

Immediate

  • Asset blocking effective 12:01 a.m. EDT July 25, 2011
  • Prohibitions on transactions and donations take effect
  • Annex-listed persons immediately blocked

Near term (90d)

  • Treasury promulgation of implementing rules and regulations
  • Potential additional designations by Treasury Secretary
  • Interagency coordination on enforcement measures

Long term

  • Ongoing asset blocking and enforcement actions
  • Periodic congressional reporting on national emergency
  • Potential delisting determinations under Section 7

Risks & tensions

  • Prior notice waiver (Section 4) raises due process concerns for designated persons with constitutional U.S. presence
  • Broad definition of 'materially assisted' and 'owned or controlled' creates compliance uncertainty for U.S. persons
  • Overlap between 'significant transnational criminal organization' and other sanctions programs may create confusion
  • Vague 'ongoing pattern of serious criminal activity' standard for designation lacks specificity in text
Executive Order 13581: Blocking Property of Transnational Criminal Organizations · Executive Orders