[House Document 104-46]
[From the U.S. Government Publishing Office]





                                     

        104th Congress, 1st Session - - - - - - - - - - - - - House 
Document 104-46


 
       DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO IRAN

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

NOTIFICATION OF HIS DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO 
         IRAN, PURSUANT TO 50 U.S.C. 1703(b) AND 50 U.S.C. 1631




   March 15, 1995.--Message and accompanying papers referred to the 
     Committee on International Relations and ordered to be printed
To the Congress of the United States:
    Pursuant to section 204(b) of the International Emergency 
Economic Powers Act (50 U.S.C. 1703(b)) and section 301 of the 
National Emergencies Act (50 U.S.C. 1631), I hereby report that 
I have exercised my statutory authority to declare a national 
emergency to respond to the actions and policies of the 
Government of Iran and to issue an Executive order prohibiting 
United States persons from entering into contracts for the 
financing of or the overall management or supervision of the 
development of petroleum resources located in Iran or over 
which Iran claims jurisdiction.
    The Secretary of the Treasury is authorized to issue 
regulations in exercise of my authorities under the 
International Emergency Economic Powers Act to implement these 
prohibitions. All Federal agencies are also directed to take 
actions within their authority to carry out the provisions of 
the Executive order.
    I am enclosing a copy of the Executive order that I have 
issued. The order is effective at 12:01 a.m., eastern standard 
time, on March 16, 1995.
    I have authorized these measures in response to the actions 
and policies of Iran including support for international 
terrorism, efforts to undermine the Middle East Peace Process, 
and the acquisition of weapons of mass destruction and the 
means to deliver them. We have worked energetically to press 
the Government of Iran to cease this unacceptable behavior. To 
that end we have worked closely with Allied governments to 
prevent Iran's access to goods that would enhance its military 
capabilities and allow it to further threaten the security of 
the region. We have also worked to limit Iran's financial 
resources by opposing subsidized lending.
    Iran has reacted to the limitations on its financial 
resources by negotiating for Western firms to provide financing 
and know-how for management of the development of petroleum 
resources. Such development would provide new funds that the 
Iranian Government could use to continue its current policies. 
It continues to be the policy of the U.S. Government to seek to 
limit those resources and these prohibitions will prevent 
United States persons from acting in a manner that undermines 
that effort.

                                                William J. Clinton.
    The White House, March 15, 1995.
                            Executive Order

                              ----------                              


  Prohibiting Certain Transactions With Respect to the Development of 
                      Iranian Petroleum Resources

    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.), and section 301 of title 3, United States Code,
    I, WILLIAM J. CLINTON, President of the United States of 
America, find that the actions and policies of the Government 
of Iran constitute an unusual and extraordinary threat to the 
national security, foreign policy, and economy of the United 
States, and hereby declare a national emergency to deal with 
that threat.
    I hereby order:
    Section 1. The following are prohibited, except to the 
extent provided in regulations, orders, directives, or licenses 
that may be issued pursuant to this order, and notwithstanding 
any contract entered into or any license or permit granted 
prior to the effective date of this order: (a) the entry into 
or performance by a United States person, or the approval by a 
United States person of the entry into or performance by an 
entity owned or controlled by a United States person, of (i) a 
contract that includes overall supervision and management 
responsibility for the development of petroleum resources 
located in Iran, or (ii) a guaranty of another person's 
performance under such a contract;
    (b) the entry into or performance by a United States 
person, or the approval by a United States person of the entry 
into or performance by an entity owned or controlled by a 
United States person, of (i) a contract for the financing of 
the development of petroleum resources located in Iran, or (ii) 
a guaranty of another person's performance under such a 
contract; and
    (c) any transaction by any United States person or within 
the United States that evades or avoids, or has the purpose of 
evading or avoiding, or attempts to violate, any of the 
prohibitions set forth in this order.
    Sec. 2. For the purposes of this order: (a) The term 
``person'' means an individual or entity:
    (b) The term ``entity'' means a partnership, association, 
trust, joint venture, corporation, or other organization;
    (c) The term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States (including foreign 
branches), or any person in the United States; and
    (d) The term ``Iran'' means the land territory claimed by 
Iran and any other area over which Iran claims sovereignty, 
sovereign rights or jurisdiction, including the territorial 
sea, exclusive economic zone, and continental shelf claimed by 
Iran.
    Sec. 3. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to take such 
actions, including the promulgation of rules and regulations, 
and to employ all powers granted to me by the International 
Emergency Economic Powers Act as may be necessary to carry out 
the purposes of this order. The Secretary of the Treasury may 
redelegate any of these functions to other officers and 
agencies of the United States Government. All agencies of the 
United States Government are hereby directed to take all 
appropriate measures within their authority to carry out the 
provisions of this order.
    Sec. 4. Nothing contained in this order shall create any 
right or benefit, substantive or procedural, enforceable by any 
party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other 
person.
    Sec. 5. (a) This order is effective at 12:01 a.m., eastern 
standard time, on March 15, 1995.
    (b) This order shall be transmitted to the Congress and 
published in the Federal Register.

                                                William J. Clinton.
    The White House, March 15, 1995.