Action against certain assets of disputed title

This executive order freezes certain assets in the United States that the Government of Haiti claims were stolen by former President Jean-Claude Duvalier and his associates, pending judicial resolution of Haiti's litigation to recover those assets. The order prohibits transfers or dealings with certified property and authorizes the Treasury Secretary to implement enforcement regulations.

52 FR 8859

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Impact dates

Mar 18, 1987
EO effective immediately

Key directives

Freeze transfers and dealings with disputed Haitian assets pending US judicial resolution
Require written certification from Government of Haiti with documentation to Treasury Secretary
Treasury must notify property holders and consult State and Justice Departments
Property released upon final judgment, exhaustion of appeals, and satisfaction of judgment
Treasury Secretary authorized to promulgate rules and regulations to carry out the order

Who is ordered

Timeline

Immediate

EO effective immediately upon signing
prohibitions on transfer/disposition of certified property take effect

Near term (90d)

Treasury Secretary to develop implementing rules and regulations
Haiti may submit certifications for specific properties

Long term

Property restrictions lifted upon final judgment and exhaustion of appeals
potential precedent for foreign government asset recovery mechanisms

Risks & tensions

No explicit deadline for Haiti to submit certifications or for Treasury to issue regulations—implementation timeline uncertain
Order explicitly disclaims creating enforceable rights, limiting judicial review options for affected parties
Requires ongoing interagency coordination (Treasury-State-Justice) that could create bureaucratic delays
Property holders receive only Treasury notice with no clear appeal mechanism within the EO framework
Duration tied to uncertain litigation timeline—could remain in effect for years depending on appeals