ExecutiveOrdersEO
EO 14038Executive OrderBiden · D

Executive Order 14038

Blocking Property of Additional Persons Contributing to the Situation in Belarus

This executive order expands a 2006 national emergency to block property of additional Belarusian persons and entities, including leaders, government officials, and those operating in key economic sectors like defense, energy, potash, tobacco, construction, and transportation. It also suspends U.S. entry for noncitizens meeting designated criteria, with limited exceptions.

Federal Register Open PDF 86 FR 43905

Impact dates

  1. Secretary of Homeland Security to establish entry implementation procedures

  2. Secretary of State to establish visa implementation procedures

  3. Treasury Secretary to take actions including promulgation of rules and regulations as necessary

Key directives

  • Block all property and interests in property of designated persons in U.S. jurisdiction (Sec. 1)
  • Prohibit contributions, provision of funds/goods/services to or from blocked persons (Sec. 2)
  • Prohibit donations of articles specified in IEEPA section 203(b)(2) to blocked persons (Sec. 3)
  • Suspend immigrant and nonimmigrant entry of designated noncitizens (Sec. 4)
  • Prohibit evasion, avoidance, or conspiracy to violate order (Sec. 5)
  • Treasury Secretary authorized to promulgate rules and regulations (Sec. 8)

Who is ordered

Timeline

Immediate

  • Property blocking takes effect upon determination by Treasury Secretary
  • Entry suspension effective immediately for covered noncitizens
  • No prior notice required for listing determinations

Near term (90d)

  • Treasury Secretary to promulgate rules and regulations as needed
  • State Department to establish visa implementation procedures
  • DHS to establish entry implementation procedures

Long term

  • Ongoing sanctions enforcement and potential expansion to additional economic sectors
  • Sustained pressure on Belarusian regime through asset freezes and travel bans

Risks & tensions

  • No explicit calendar deadlines or day-count mandates in text—implementation timing delegated to agency discretion
  • Broad sectoral designations (including 'any other sector' determined by Treasury) create significant compliance uncertainty for businesses
  • Prior notice waiver (Sec. 7) raises due process considerations but is justified by instantaneous transfer risk
  • Entry suspension exceptions rely on inter-agency coordination (State, DHS, DOJ), potentially creating inconsistent application
  • Expansion beyond original 2006 EO scope may strain diplomatic channels or trigger retaliatory measures
Executive Order 14038: Blocking Property of Additional Persons Contributing to the Situation in Belarus · Executive Orders