On April 4, 2013 President Obama sent notice to Congress that he is continuing Executive Order (EO)13536, which declared an emergency with respect to Somalia in April 2010 and designated al-Shabaab as a terrorist organization. The notice said continuation is necessary despite U.S. in January 2013 recognition of Somalia’s new government. It attached an April 8 Federal Register notice which specifically referred to al-Shabaab as a security threat in Somalia.
Neither document made any change to the EO’s broad cancellation of the humanitarian exemption in the sanctions law (See 50 USC 1702(b)(2)). The exemption allows for donations of food, clothing and medicine intended to relieve human suffering. In the case of Somalia the extent of the humanitarian need following the 2011 famine and the threat created by potential shortfall of rain this year raise a question about the whether the complete cancellation of the humanitarian exemption should be continued or at least limited.