Executive Order 13804

by President of the United States

Executive Order 13804 of July 11, 2017

Amendment of Executive Order 13761

Memorandum

A Message to the Congress of the United States:

Consistent with subsection 401(b) of the National Emergencies Act, 50 U.S.C. 1641(b), and subsection 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b), I hereby report that I have issued an Executive Order (the "order") that amends Executive Order 13761 of January 13, 2017, by changing certain effective dates and revokes a reporting requirement in that order.

The order changes the date by which the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, is to provide a report to the President on the Government of Sudan's progress in sustaining the positive actions taken by the Government of Sudan that gave rise to Executive Order 13761, from July 12, 2017, to October 12, 2017. The order also changes from July 12, 2017, to October 12, 2017, the effective date for the revocation of sections 1 and 2 of Executive Order 13067 of November 3, 1997, and the entirety of Executive Order 13412 of October 13, 2006, provided that the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, publishes on or before October 12, 2017, a notice in the Federal Register stating that the Government of Sudan has sustained the positive actions that gave rise to the order and has provided to the President the report described above.

The order revokes the requirement in Executive Order 13761 to provide an updated version of the report annually thereafter and, concurrent with those reports, to publish in the Federal Register a notice stating whether the Government of Sudan has sustained the positive actions that gave rise to Executive Order 13761.

The President issued Executive Orders 13067 and 13412, among other orders, to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the actions and policies of the Government of Sudan, including support for international terrorism; efforts to destabilize neighboring governments; and the prevalence of human rights violations.

In Executive Order 13761, the President determined that the situation that gave rise to the actions taken in Executive Order 13067 and Executive Order 13412 related to the policies and actions of the Government of Sudan had been altered by Sudan's positive actions over the prior 6 months. Executive Order 13761 directed the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, and based on a consideration of relevant and credible information from available sources, including nongovernmental organizations, on or before July 12, 2017, to provide a report to the President on the Government of Sudan's progress in sustaining its positive actions that gave rise to Executive Order 13761. Executive Order 13761 further provided that if the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, published on or before July 12, 2017, a notice in the Federal Register stating that the Government of Sudan had sustained the positive actions that gave rise to Executive Order 13761 and had provided to the President the report described above, the revocation of sections 1 and 2 of Executive Order 13067 and the revocation of Executive Order 13412 would become effective.

While the Government of Sudan has made some progress in areas identified in Executive Order 13761, I have decided that more time is needed for this review to establish that the Government of Sudan has demonstrated sufficient positive action across all of those areas.

For these reasons, I have determined that it is necessary to amend the effective date to October 12, 2017, to provide the report required by Executive Order 13761 and revoke sections 1 and 2 of Executive Order 13067 and Executive Order 13412, provided that further action is taken by the Secretary of State, as set forth in Executive Order 13761, and to revoke the subsequent annual reporting requirement in Executive Order 13761.

I am enclosing a copy of the Executive Order I have issued.

Executive order

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.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201-7211), the Comprehensive Peace in Sudan Act of 2004, as amended (Public Law 108-497), the Darfur Peace and Accountability Act of 2006 (Public Law 109 344), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, in order to take additional steps to address the emergency described in Executive Order 13067 of November 3, 1997, Executive Order 13412 of October 13, 2006, and Executive Order 13761 of January 13, 2017, with respect to the policies and actions of the Government of Sudan, including additional fact-finding and a more comprehensive analysis of the Government of Sudan's actions, hereby order as follows:

Section 1. Amendments to Executive Order 13761.

(a) Section 1 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

(b) Section 10 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

(c) Subsection (b) of section 12 of Executive Order 13761 is hereby amended by striking "July 12, 2017" and inserting in lieu thereof "October 12, 2017".

(d) Section 11 of Executive Order 13761 is hereby revoked.

Section 2. General Provision.

This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump

THE WHITE HOUSE,
July 11, 2017.