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CONGO Sanctions: A Complex Legal Framework

The United States has implemented a range of sanctions against individuals and entities contributing to the conflict in the Democratic Republic of Congo. The sanctions program is governed by a complex legal framework that includes executive orders, public laws, and regulations.

Executive Orders

Two key executive orders have been issued by the President to implement the sanctions program:

  • Executive Order 13671 (2014): Imposed additional sanctions against individuals and entities contributing to the conflict.
  • Executive Order 13413 (2006): Blocked property of certain persons contributing to the conflict.

Public Laws

The sanctions program is also based on public laws passed by Congress:

  • International Emergency Economic Powers Act (IEEPA): Provides authority for the President to impose economic sanctions in response to national emergencies.
  • National Emergencies Act (NEA): Also provides authority for the President to impose economic sanctions in response to national emergencies.
  • Section 5 of the United Nations Participation Act of 1945: Authorizes the President to implement United Nations Security Council Resolutions.

Regulations

The regulations governing the sanctions program are published in the Code of Federal Regulations (CFR):

  • Democratic Republic of Congo Sanctions Regulations (31 CFR Part 547): Outline specific requirements and restrictions applicable to individuals and entities subject to the sanctions.

Frequently Asked Questions

OFAC has compiled a list of frequently asked questions (FAQs) to provide guidance on its sanctions programs, covering topics such as:

  • Licensing policies
  • Release of blocked funds

Licensing Policy

Certain activities related to the Democratic Republic of Congo-Related Sanctions may be allowed if licensed by OFAC. Guidance has been issued on specific licensing policies, including the release of limited amounts of blocked funds for payment of legal fees and costs incurred in challenging the blocking of U.S. persons.

United Nations Security Council Resolutions

The sanctions program also incorporates United Nations Security Council Resolutions (UNSCRs) that address the conflict in the Democratic Republic of Congo, including:

  • UNSCR 1698: Condemned the continuing illicit flow of weapons within and into the country.