Al-Harbi is being designated for acting for or on behalf of ISIL, an entity designated pursuant to E.O. 13224.
In mid-2015, Saudi Arabian national al-Harbi, an ISIL leader in Yemen, allegedly recruited for ISIL's military forces in Yemen. Around 2014, al-Harbi received funding to implement ISIL's strategy in Yemen. In late 2014, al-Harbi, the self-proclaimed ISIL leader in Yemen, facilitated the movement of people and material for ISIL operations in Saudi Arabia. He was in Yemen with a group that pledged allegiance to ISIL and received significant funding from either ISIL or an unidentified donor. As of September 2014, al-Harbi and others established contact with ISIL, and sought pledges of allegiance on ISIL's behalf. Al-Harbi was commissioned by ISIL in Syria to gather pledges of allegiance in Yemen. He declined to recruit and facilitate efforts in Yemen on behalf of AQAP in favor of an alleged promise of 4,000 AQIM fighters by U.S. and UN-designated SDGT and ISIL leader Dr. Ibrahim al-Badri (AKA Abu Bakr Al-Baghdadi). As of 2014, al-Harbi had provided funds to ISIL.
On June 6, 2003, OFAC issued the Global Terrorism Sanctions Regulations, 31 CFR part 594 (68 FR 34196, June 6, 2003 (“the Regulations”), to implement Executive Order (E.O.) 13224 of September 23, 2001, “Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism” (66 FR 49079, September 25, 2001). OFAC has amended the Regulations on several occasions.
On September 9, 2019, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) (IEEPA) and the United Nations Participation Act (22 U.S.C. 287c) (UNPA), issued E.O. 13886, “Modernizing Sanctions To Combat Terrorism” (84 FR 48041, September 12, 2019), effective September 10, 2019. In E.O. 13886, the President, finding it necessary to consolidate and enhance sanctions to combat acts of terrorism and threats of terrorism by foreign terrorists, terminated the national emergency declared in E.O. 12947 of January 23, 1995, “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process” (60 FR 5079, January 25, 1995), and revoked E.O. 12947, as amended by E.O. 13099 of August 20, 1998, “Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process” (63 FR 45167, August 25, 1998). In addition, the President amended E.O. 13224, in order to build upon initial steps taken in E.O. 12947, to further strengthen and consolidate sanctions to combat the continuing threat posed by international terrorism, and in order to take additional steps to deal with the national emergency declared in E.O. 13224, with respect to the continuing and immediate threat of grave acts of terrorism and threats of terrorism committed by foreign terrorists, which include acts of terrorism that threaten the Middle East peace process.
Section 1 of E.O. 13886 replaces in its entirety section 1 of E.O. 13224, which had been amended by a number of prior Executive orders (E.O. 13224, as amended by all such authorities, is referred to herein as “amended E.O. 13224”), but does not amend the Annex to E.O. 13224, which was previously amended by E.O. 13268 of July 2, 2002, “Termination of Emergency With Respect to the Taliban and Amendment of Executive Order 13224 of September 23, 2001” (67 FR 44751, July 3, 2002) (“amended Annex to E.O. 13224”).
