Executive Order 14059 · Signed Dec 15, 2021

86 FR 71549 · Published Dec 17, 2021 · Effective on signing

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Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade

drug traffickingeconomic sanctionsnational emergencyfentanyl and opioidsimmigration enforcement

Signed by President Joseph R. Biden Jr.

The order declares a national emergency over international drug trafficking — including fentanyl and other synthetic opioids — and authorizes the Treasury Secretary to impose targeted economic sanctions and travel bans on foreign persons who materially contribute to the global illicit drug trade.

It is the first executive order to invoke IEEPA and the Fentanyl Sanctions Act together as a combined legal basis to freeze assets, cut off financial access, and suspend U.S. entry for foreign drug traffickers and their networks.

What this order does

What it orders

The order declares a national emergency based on the threat that international drug trafficking — including fentanyl, synthetic opioids, and Internet-based drug sales — poses to national security, foreign policy, and the U.S. economy. It authorizes the Secretary of the Treasury, in consultation with the Secretaries of State and Homeland Security and the Attorney General, to designate foreign persons who materially contribute to illicit drug proliferation and impose a menu of sanctions: blocking all U.S.-held property and assets, prohibiting financial transfers and loans, barring foreign exchange transactions, restricting equity or debt purchases, and suspending U.S. entry. The same framework applies to leaders, facilitators, and entities that support sanctioned persons, and to foreign persons subject to the Fentanyl Sanctions Act.

The order does not itself designate any specific individuals or entities — that authority is delegated to the Treasury Secretary going forward. Existing statutes, regulations, licenses, or contracts do not override the prohibitions. Prior notice to designated persons is explicitly waived, and the Treasury Secretary is authorized to issue implementing rules and submit recurring reports to Congress on the national emergency.

Who it affects

Foreign nationals and entities involved in producing, distributing, financing, or facilitating illicit drug trafficking — including cartel leaders, money launderers, and chemical precursor suppliers. U.S. financial institutions, government contractors, and persons are prohibited from doing business with designated parties.

Why it matters

Foreign drug traffickers and their networks can have U.S. assets frozen, be cut off from the American financial system, and be barred from entering the country. U.S. banks, firms, and individuals face legal liability if they transact with anyone Treasury designates under this framework.

What must happen and when

How the order is supposed to work

Treasury leads implementation, consulting State, Justice, and Homeland Security before making designations. Once a foreign person is designated, asset blocks and financial prohibitions take effect immediately — no prior notice is required. State implements visa restrictions and Homeland Security handles entry bars under separately established procedures. The Federal Reserve and relevant agencies enforce financial-institution-specific sanctions. Treasury must submit recurring reports to Congress under the National Emergencies Act and IEEPA, creating an ongoing oversight loop.

Actions and deadlines

  • Secretary of State to establish procedures implementing visa restrictions for designated personsNo deadline specified
  • Secretary of Homeland Security to establish procedures implementing entry suspension for designated noncitizensNo deadline specified
  • Secretary of the Treasury to submit recurring and final reports to Congress on the national emergencyNo deadline specified

Agencies directed to act

Department of the TreasuryDepartment of StateDepartment of JusticeDepartment of Homeland SecurityBoard of Governors of the Federal Reserve SystemFederal Reserve Bank of New York

Authority and reach

Authorities cited

IEEPA (50 U.S.C. 1701 et seq.)

Grants the President broad emergency economic powers to regulate foreign transactions during a national emergency.

National Emergencies Act (50 U.S.C. 1601 et seq.)

Governs how presidents declare and maintain national emergencies, including reporting requirements to Congress.

Fentanyl Sanctions Act (21 U.S.C. 2301 et seq.)

Statute directing sanctions specifically against significant foreign traffickers of fentanyl and opioid analogues.

Immigration and Nationality Act §§ 212(f), 215(a)

Authorizes the President to suspend entry of noncitizens whose admission is detrimental to U.S. interests.

3 U.S.C. § 301

Allows the President to delegate executive functions to heads of departments and agencies.

Executive Order

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