Executive Order on the Termination of Emergency With Respect to the International Criminal Court
APRIL 01, 2021
PRESIDENTIAL ACTIONS
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.) (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, JOSEPH R. BIDEN JR., President of the United States of America, find that, although the United States continues to object to the International Criminal Court’s (ICC) assertions of jurisdiction over personnel of such non-States Parties as the United States and its allies absent their consent or referral by the United Nations Security Council and will vigorously protect current and former United States personnel from any attempts to exercise such jurisdiction, the threat and imposition of financial sanctions against the Court, its personnel, and those who assist it are not an effective or appropriate strategy for addressing the United States’ concerns with the ICC.
Accordingly, I hereby terminate the national emergency declared in Executive Order 13928 of June 11, 2020 (Blocking Property of Certain Persons Associated With the International Criminal Court), and revoke that order, and further order:
Section 1. In light of the revocation of Executive Order 13928, the suspension of entry as immigrants and nonimmigrants of individuals meeting the criteria set forth in section 1(a) of that order will no longer be in effect as of the date of this order and such individuals will no longer be treated as persons covered by Presidential Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions).
Sec. 2. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)), termination of the national emergency declared in Executive Order 13928 shall not affect any action taken or proceeding pending not finally concluded or determined as of the date of this order, any action or proceeding based on any act committed prior to the date of this order, or any rights or duties that matured or penalties that were incurred prior to the date of this order.
Sec. 3. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) 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.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
April 1, 2021.
1) The revocation of EO 13928 removes the legal authority for the International Criminal Court-Related Sanctions Regulations. OFAC typically takes some time to remove regulations from the CFR when the underlying authority for them has been revoked, but the regulations and related blocking prohibitions and designation criteria are, as of 4/1/2021, effectively disabled. Compare FAC No. IQ-214841.
2) On 1-20-25, this EO was revoked by Initial Rescissions of Harmful Executive Orders and Actions (Executive Order Jan. 20, 2025). Accordingly, it appears as though EO 13928 is once again an active sanctions authority by operation of law, though the ICC regulations that were removed from the CFR are presumably no longer effective, nor are the designations that were made pursuant to the authority prior to the issuance of the "Initial Rescissions" EO.