Blocking Property of Certain Persons Associated With the International Criminal Court

This executive order declares a national emergency and authorizes blocking property and suspending U.S. entry of certain persons associated with the International Criminal Court (ICC), in response to ICC investigations of U.S. and allied personnel, particularly regarding Afghanistan. The order targets ICC officials, employees, agents, and their immediate family members, as well as those materially supporting ICC efforts to investigate or prosecute U.S. or allied personnel without consent.

Federal Register Open PDF 85 FR 36139

Impact dates

Date TBD
Implementation rules and regulations by Secretary of Treasury
Date TBD
Recurring and final reports to Congress on national emergency

Key directives

Block all property and interests in property of designated foreign persons in U.S. jurisdiction (Sec. 1(a))
Suspend immigrant and nonimmigrant entry of designated aliens and their immediate family members (Sec. 4)
Prohibit donations of articles specified in IEEPA section 203(b)(2) to blocked persons (Sec. 2)
Prohibit contributions, provision of funds/goods/services to or from blocked persons (Sec. 3)
Prohibit evasion, avoidance, or conspiracy to violate order provisions (Sec. 5)
Secretary of State to consult Secretary of Homeland Security on admissibility matters (Sec. 4)
Secretary of Treasury to implement through rules and regulations (Sec. 9)
Secretary of Treasury to submit recurring and final reports to Congress (Sec. 10)

Who is ordered

Timeline

Immediate

Property blocking takes effect upon determination by Secretary of State (in consultation with Treasury and Attorney General)
Entry suspension takes effect immediately for covered aliens
No prior notice required for listings/determinations under Section 1

Near term (90d)

Secretary of Treasury authorized to adopt implementing rules and regulations
Secretary of Treasury to submit reports to Congress on the national emergency

Long term

Recurring and final reports to Congress on the national emergency as required by NEA and IEEPA
Ongoing sanctions enforcement and potential expansion of covered persons

Risks & tensions

Potential conflict with international law obligations and diplomatic relationships with ICC member states
No prior notice requirement (Sec. 8) raises due process concerns for persons with constitutional presence in U.S.
Vague scope of 'materially assisted' and 'goods or services' could create overbreadth/uncertainty for third parties
Reliance on Secretary of State discretion with consultation requirements rather than inter-agency consensus for designations
Exemption for Federal Government business (Sec. 6) preserves limited cooperation channels despite confrontational posture
Definition of 'ally' limited to NATO and statutorily defined major non-NATO allies, excluding other security partners