On February 25, 2011, President Obama issued Executive Order 13566, entitled Blocking Property and Prohibiting Certain Transactions Related to Libya (the “Order”). The Order became effective at 8 p.m. EST on February 25, 2011 and its prohibitions apply to U.S. persons. A U.S. person is defined as “any United States citizen or national, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.”

The Order prohibits any U.S. person from making or receiving any contribution or provision of funds, goods or services to or from any person whose property and interests in property are blocked pursuant to the Order. The Order also prohibits any transaction by a U.S. person or within the U.S. that evades or avoids, has the purpose of evading or avoiding, causes a violation of, attempts to violate, or conspires to violate any of the Order’s prohibitions.

The Order identifies several categories of blocked persons, including five members of the Qadhafi family identified in the Annex to the Order, as well as “the Government of Libya, its agencies, instrumentalities, and controlled entities, and the Central Bank of Libya.” In addition, the Order provides for the blocking of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to:

• be a senior official of the Government of Libya;
• be a child of Colonel Muammar Qadhafi;
• have been complicit or participated in the commission of human rights abuses related to political oppression in Libya;
• have materially assisted, sponsored or provided financial, material, logistical, or technical support, goods, or services in support of human rights abuses related to political oppression in Libya;
• be owned by or acted on behalf of a blocked person;
• be a spouse or dependent child of a blocked person.

If you have any questions or concerns about U.S. sanctions against Libya, please contact Bruce G. Paulsen (212-574-1533).