Issued 2015-11-22 by Barack Obama
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order freezes the U.S.-based assets of certain individuals and entities connected to violence and political repression in Burundi. President Obama declared a national emergency in response to the situation in Burundi, which the order describes as marked by killing of and violence against civilians, unrest, incitement of imminent violence, and significant political repression. The order blocks all property and interests in property within the United States or controlled by U.S. persons belonging to individuals determined to be responsible for specific harmful activities.
The order targets people who engage in or support actions including human rights abuses, undermining democratic processes in Burundi, targeting civilians through violence, restricting freedom of expression or peaceful assembly, using child soldiers, obstructing humanitarian assistance, or attacking peacekeeping operations. It also applies to leaders of groups involved in these activities, anyone providing support to such persons, and entities owned or controlled by them. Additionally, the order suspends U.S. entry for individuals meeting these criteria.
This matters because it uses financial penalties to pressure those contributing to violence and instability in Burundi. Any assets these designated individuals hold in the United States become frozen and cannot be transferred or accessed. The order cites the International Emergency Economic Powers Act and the National Emergencies Act as its legal basis. The President stated that prior notice would be ineffectual because funds can be transferred instantaneously.
AI-generated summary for educational purposes
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13712 addresses "Executive Order 13712-Blocking Property of Certain Persons Contributing to the Situation in Burundi". The President's stated reasoning: "because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual." Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Administration of Barack Obama, 2015 Executive Order 13712—Blocking Property of Certain Persons Contributing to the Situation in Burundi November 22, 2015 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq .) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq .) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, Barack Obama, President of the United States of America, find that the situation in Burundi, which has been marked by the killing of and violence against civilians, unrest, the incitement of imminent violence, and significant political repression, and which threatens the peace, security, and stability of Burundi, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat. I hereby order: Section 1 . (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United Stat