[House Document 112-147]
[From the U.S. Government Publishing Office]
112th Congress, 2d Session - - - - - - - - - - - - House Document 112-147
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO IRAN AND SYRIA
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION AUTHORIZING THE IMPLEMENTATION OF CERTAIN SANCTIONS SET
FORTH IN THE IRAN THREAT REDUCTION AND SYRIA HUMAN RIGHTS ACT OF 2012
AND ADDITIONAL SANCTIONS WITH RESPECT TO IRAN
October 9, 2012.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, October 9, 2012.
The Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby
report that I have issued an Executive Order (the ``order'')
that takes additional steps with respect to the national
emergency declared in Executive Order 12957 of March 15, 1995,
and implements the statutory requirements of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (Public Law 112-
158) (ITRSHRA), which amends the Iran Sanctions Act of 1996
(Public Law 104-172) (50 U.S.C. 1701 note) (ISA), and the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (Public Law 111-195) (22 U.S.C. 8501 et seq.)
(CISADA).
In Executive Order 12957, the President found that the
actions and policies of the Government of Iran threaten the
national security, foreign policy, and economy of the United
States. To deal with that threat, the President in Executive
Order 12957 declared a national emergency and imposed
prohibitions on certain transactions with respect to the
development of Iranian petroleum resources. To further respond
to that threat, Executive Order 12959 of May 6, 1995, imposed
comprehensive trade and financial sanctions on Iran. Executive
Order 13059 of August 19, 1997, consolidated and clarified the
previous orders. To take additional steps with respect to the
national emergency declared in Executive Order 12957 and to
implement section 105(a) of CISADA, I issued Executive Order
13553 on September 28, 2010, to impose sanctions on officials
of the Government of Iran and other persons acting on behalf of
the Government of Iran determined to be responsible for or
complicit in certain serious human rights abuses.
To take additional steps with respect to the threat posed
by Iran and to provide implementing authority for a number of
the sanctions set forth in ISA, as amended by CISADA, I issued
Executive Order 13574 on May 23, 2011, to authorize the
Secretary of the Treasury to implement certain sanctions
imposed by the Secretary of State pursuant to ISA, as amended
by CISADA.
I also issued Executive Order 13590 on November 20, 2011,
to take additional steps with respect to this emergency by
authorizing the Secretary of State to impose sanctions on
persons providing certain goods, services, technology, or
support that contribute either to Iran's development of
petroleum resources or to Iran's production of petrochemicals,
and to authorize the Secretary of the Treasury to implement
some of those sanctions. On February 5, 2012, in order to take
additional steps pursuant to this emergency, and to implement
section 1245(c) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81), I issued Executive Order
13599 blocking the property of the Government of Iran, all
Iranian financial institutions, and persons determined to be
owned or controlled by, or acting for or on behalf of, such
parties. On April 22, 2012, and May 1, 2012, I issued Executive
Orders 13606 and 13608, respectively. Executive Orders 13606
and 13608 each take additional steps with respect to various
emergencies, including the emergency declared in Executive
Order 12957 concerning Iran, to address the use of computer and
information technology to commit serious human rights abuses
and efforts by foreign persons to evade sanctions.
To take additional steps with respect to the national
emergency declared in Executive Order 12957, I issued Executive
Order 13622 of July 30, 2012, imposing sanctions on persons as
described in that order, particularly in light of the
Government of Iran's use of revenues from petroleum, petroleum
products, and petrochemicals for illicit purposes; Iran's
continued attempts to evade international sanctions through
deceptive practices; and the unacceptable risk posed to the
international financial system by Iran's activities.
In ITRSHRA, which I signed into law on August 10, 2012, the
Congress enhanced sanctions on Iran and Syria, focusing on the
energy and financial sectors, as well as activity connected
with the proliferation of weapons of mass destruction, Iran's
Islamic Revolutionary Guard Corps, and human rights abuses in
Iran and Syria.
The order is intended to implement certain statutory
requirements of ITRSHRA, including its amendments to the
statutory requirements of ISA and CISADA, as described below.
Section 1 of the order is intended to implement sanctions
pursuant to ISA, CISADA, or ITRSHRA. Certain ISA sanctions
require action by the private sector, and the order will
further the implementation of those ISA sanctions by providing
authority under IEEPA to the Secretary of the Treasury to take
certain actions with respect to those sanctions. The order
states that the Secretary of the Treasury, in consultation with
the Secretary of State, shall take the following actions
necessary to implement the sanctions selected, imposed, and
maintained on a person by the President, or by the Secretary of
State or the Secretary of the Treasury pursuant to authority
that I have delegated:
with respect to section 6(a)(3) of ISA,
prohibit any United States financial institution from
making loans or providing credits to the sanctioned
person consistent with that section;
with respect to section 6(a)(6) of ISA,
prohibit any transactions in foreign exchange that are
subject to the jurisdiction of the United States and in
which the sanctioned person has any interest;
with respect to section 6(a)(7) of ISA,
prohibit any transfers of credit or payments between
financial institutions or by, through, or to any
financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
sanctioned person;
with respect to section 6(a)(8) of ISA,
block all property and interests in property that are
in the United States, that come within the United
States, or that are or come within the possession or
control of any United States person, including any
foreign branch, of the sanctioned person, and provide
that such property and interests in property may not be
transferred, paid, exported, withdrawn, or otherwise
dealt in;
with respect to section 6(a)(9) of ISA,
prohibit any United States person from investing in or
purchasing significant amounts of equity or debt
instruments of a sanctioned person;
with respect to section 6(a)(11) of ISA,
impose on the principal executive officer or officers,
or persons performing similar functions and with
similar authorities, of a sanctioned person the
sanctions described in sections 6(a)(3), 6(a)(6),
(6)(a)(7), 6(a)(8), 6(a)(9), or 6(a)(12) of ISA, as
selected by the President, Secretary of State, or
Secretary of the Treasury, as appropriate; or
with respect to section 6(a)(12) of ISA,
restrict or prohibit imports of goods, technology, or
services, directly or indirectly, into the United
States from the sanctioned person.
Sections 2 and 10 of the order are intended to implement
the statutory requirements of CISADA, as amended by section 402
of ITRSHRA, which block the property or interests in property
and suspend entry into the United States of persons determined
by the Secretary of the Treasury, in consultation with or at
the recommendation of the Secretary of State, to:
have knowingly, on or after August 10, 2012,
transferred, or facilitated the transfer of, goods or
technologies to Iran, any entity organized under the
laws of Iran or otherwise subject to the jurisdiction
of the Government of Iran, or any national of Iran, for
use in or with respect to Iran, that are likely to be
used by the Government of Iran or any of its agencies
or instrumentalities, or by any other person on behalf
of the Government of Iran or any of such agencies or
instrumentalities, to commit serious human rights
abuses against the people of Iran;
have knowingly, on or after August 10, 2012,
provided services, including services relating to
hardware, software, or specialized information or
professional consulting, engineering, or support
services, with respect to goods or technologies that
have been transferred to Iran and that are likely to be
used by the Government of Iran or any of its agencies
or instrumentalities, or by any other person on behalf
of the Government of Iran or any of such agencies or
instrumentalities, to commit serious human rights
abuses against the people of Iran;
have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the
activities described above, or any person whose
property and interests in property are blocked pursuant
to these provisions; or
be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to these provisions.
Sections 3 and 10 of the order are intended to implement
the statutory requirements of CISADA, as amended by section 403
of ITRSHRA, which block the property or interests in property
and suspend entry into the United States of persons determined
by the Secretary of the Treasury, in consultation with or at
the recommendation of the Secretary of State, to:
have engaged in censorship or other
activities with respect to Iran on or after June 12,
2009, that prohibit, limit, or penalize the exercise of
freedom of expression or assembly by citizens of Iran;
or that limit access to print or broadcast media,
including the facilitation or support of intentional
frequency manipulation by the Government of Iran or an
entity owned or controlled by the Government of Iran
that would jam or restrict an international signal;
have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the
activities described above or any person whose property
and interests in property are blocked pursuant to these
provisions; or
be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to these provisions.
Section 4 of the order is intended to meet the statutory
deadline set forth in section 218 of ITRSHRA, which requires
that the President prohibit certain transactions not later than
October 9, 2012. This section prohibits entities owned or
controlled by a United States person and established or
maintained outside the United States from knowingly engaging in
any transaction, directly or indirectly, with the Government of
Iran or any person subject to the jurisdiction of the
Government of Iran, if that transaction would be prohibited by
certain Executive Orders prohibiting trade with Iran and
blocking the Government of Iran and Iranian financial
institutions, or any regulation issued pursuant to the
foregoing, if the transaction were engaged in by a United
States person or in the United States.
Sections 5, 6, and 7 of the order authorize the Secretary
of State to impose, and the Secretary of the Treasury and other
agencies to implement, certain sanctions in sections 5(a) and 6
of ISA that were enacted by CISADA, for activity occurring
between July 1, 2010, and August 10, 2012. Section 201 of
ITRSHRA amended the effective date of those ISA sanctions to
August 10, 2012, and does not appear to otherwise preserve the
applicability of certain provisions for activity occurring
between the enactment dates of CISADA and ITRSHRA. The purpose
of these sections is to continue the authority of the Secretary
of State to impose, and other agencies to implement, these ISA
sanctions for activity that occurred during this time period.
I have delegated to the Secretary of State and the
Secretary of the Treasury, as described in the order, the
authority to take such actions, including the promulgation of
rules and regulations, and to employ all powers granted to the
President by IEEPA and the relevant provisions of ISA, CISADA,
and ITRSHRA and to employ all powers granted to the United
States Government by the relevant provisions of ISA and CISADA
as may be necessary to carry out the purposes of the order.
All agencies of the United States Government are directed
to take all appropriate measures within their authority to
carry out the provisions of the order.
A copy of the order is enclosed.
Sincerely,
Barack Obama.
Executive Order
----------
Authorizing the Implementation of Certain Sanctions Set Forth in the
Iran Threat Reduction and Syria Human Rights Act of 2012 and Additional
Sanctions With Respect to Iran
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.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.), the Iran Sanctions Act of 1996 (Public
Law 104-172) (50 U.S.C. 1701 note), as amended (ISA), the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (Public Law 111-195) (22 U.S.C. 8501 et seq.), as
amended (CISADA), the Iran Threat Reduction and Syria Human
Rights Act of 2012 (Public Law 112-158) (ITRSHRA), section
212(f) of the Immigration and Nationality Act of 1952, as
amended (8 U.S.C. 1182(f)), and section 301 of title 3, United
States Code, and in order to take additional steps with respect
to the national emergency declared in Executive Order 12957 of
March 15, 1995,
I, BARACK OBAMA, President of the United States of America,
hereby order:
Section 1. (a) When the President, or the Secretary of
State or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of
such delegation, has determined that sanctions shall be imposed
on a person pursuant to ISA, CISADA, or ITRSHRA and has, in
accordance with those authorities, selected one or more of the
sanctions set forth in section 6 of ISA to impose on that
person, the Secretary of the Treasury, in consultation with the
Secretary of State, shall take the following actions with
respect to the sanctions selected and maintained by the
President, the Secretary of State, or the Secretary of the
Treasury:
(i) with respect to section 6(a)(3) of ISA, prohibit
any United States financial institution from making
loans or providing credits to the sanctioned person
consistent with that section;
(ii) with respect to section 6(a)(6) of ISA, prohibit
any transactions in foreign exchange that are subject
to the jurisdiction of the United States and in which
the sanctioned person has any interest;
(iii) with respect to section 6(a)(7) of ISA,
prohibit any transfers of credit or payments between
financial institutions or by, through, or to any
financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
sanctioned person;
(iv) with respect to section 6(a)(8) of ISA, block
all property and interests in property that are in the
United States, that come within the United States, or
that are or come within the possession or control of
any United States person, including any foreign branch,
of the sanctioned person, and provide that such
property and interests in property may not be
transferred, paid, exported, withdrawn, or otherwise
dealt in;
(v) with respect to section 6(a)(9) of ISA, prohibit
any United States person from investing in or
purchasing significant amounts of equity or debt
instruments of a sanctioned person;
(vi) with respect to section 6(a)(11) of ISA, impose
on the principal executive officer or officers, or
persons performing similar functions and with similar
authorities, of a sanctioned person the sanctions
described in sections 6(a)(3), 6(a)(6), (6)(a)(7),
6(a)(8), 6(a)(9), or 6(a)(12) of ISA, as selected by
the President, Secretary of State, or Secretary of the
Treasury, as appropriate; or
(vii) with respect to section 6(a)(12) of ISA,
restrict or prohibit imports of goods, technology, or
services, directly or indirectly, into the United
States from the sanctioned person.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or 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 date
of this order.
Sec. 2. (a) All property and interests in property that are
in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of any United States person, including any foreign
branch, of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
any person determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of
State:
(i) to have knowingly, on or after August 10, 2012,
transferred, or facilitated the transfer of, goods or
technologies to Iran, any entity organized under the
laws of Iran or otherwise subject to the jurisdiction
of the Government of Iran, or any national of Iran, for
use in or with respect to Iran, that are likely to be
used by the Government of Iran or any of its agencies
or instrumentalities, or by any other person on behalf
of the Government of Iran or any of such agencies or
instrumentalities, to commit serious human rights
abuses against the people of Iran;
(ii) to have knowingly, on or after August 10, 2012,
provided services, including services relating to
hardware, software, or specialized information or
professional consulting, engineering, or support
services, with respect to goods or technologies that
have been transferred to Iran and that are likely to be
used by the Government of Iran or any of its agencies
or instrumentalities, or by any other person on behalf
of the Government of Iran or any of such agencies or
instrumentalities, to commit serious human rights
abuses against the people of Iran;
(iii) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the
activities described in subsection (a)(i) or (a)(ii) of
this section or any person whose property and interests
in property are blocked pursuant to this section; or
(iv) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to this section.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or 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 date
of this order.
Sec. 3. (a) All property and interests in property that are
in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of any United States person, including any foreign
branch, of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
any person determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of
State:
(i) to have engaged in censorship or other activities
with respect to Iran on or after June 12, 2009, that
prohibit, limit, or penalize the exercise of freedom of
expression or assembly by citizens of Iran, or that
limit access to print or broadcast media, including the
facilitation or support of intentional frequency
manipulation by the Government of Iran or an entity
owned or controlled by the Government of Iran that
would jam or restrict an international signal;
(ii) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, the
activities described in subsection (a)(i) of this
section or any person whose property and interests in
property are blocked pursuant to this section; or
(iii) to be owned or controlled by, or to have acted
or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to this section.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or 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 date
of this order.
Sec. 4. (a) No entity owned or controlled by a United
States person and established or maintained outside the United
States may knowingly engage in any transaction, directly or
indirectly, with the Government of Iran or any person subject
to the jurisdiction of the Government of Iran, if that
transaction would be prohibited by Executive Order 12957,
Executive Order 12959 of May 6, 1995, Executive Order 13059 of
August 19, 1997, Executive Order 13599 of February 5, 2012,
section 5 of Executive Order 13622 of July 30, 2012, or section
12 of this order, or any regulation issued pursuant to the
foregoing, if the transaction were engaged in by a United
States person or in the United States.
(b) Penalties assessed for violations of the prohibition in
subsection (a) of this section, and any related violations of
section 12 of this order, may be assessed against the United
States person that owns or controls the entity that engaged in
the prohibited transaction.
(c) Penalties for violations of the prohibition in
subsection (a) of this section shall not apply if the United
States person that owns or controls the entity divests or
terminates its business with the entity not later than February
6, 2013.
(d) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or 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 date
of this order.
Sec. 5. The Secretary of State, in consultation with the
Secretary of the Treasury, the Secretary of Commerce, and the
United States Trade Representative, and with the President of
the Export-Import Bank of the United States, the Chairman of
the Board of Governors of the Federal Reserve System, and other
agencies and officials as appropriate, is hereby authorized to
impose on a person any of the sanctions described in section 6
or 7 of this order upon determining that the person:
(a) knowingly, between July 1, 2010, and August 10, 2012,
sold, leased, or provided to Iran goods, services, technology,
information, or support with a fair market value of $1,000,000
or more, or with an aggregate fair market value of $5,000,000
or more during a 12-month period, and that could directly and
significantly facilitate the maintenance or expansion of Iran's
domestic production of refined petroleum products, including
any direct and significant assistance with respect to the
construction, modernization, or repair of petroleum refineries;
(b) knowingly, between July 1, 2010, and August 10, 2012,
sold or provided to Iran refined petroleum products with a fair
market value of $1,000,000 or more, or with an aggregate fair
market value of $5,000,000 or more during a 12-month period;
(c) knowingly, between July 1, 2010, and August 10, 2012,
sold, leased, or provided to Iran goods, services, technology,
information, or support with a fair market value of $1,000,000
or more, or with an aggregate fair market value of $5,000,000
or more during a 12-month period, and that could directly and
significantly contribute to the enhancement of Iran's ability
to import refined petroleum products;
(d) is a successor entity to a person determined by the
Secretary of State in accordance with this section to meet the
criteria in subsection (a), (b), or (c) of this section;
(e) owns or controls a person determined by the Secretary
of State in accordance with this section to meet the criteria
in subsection (a), (b), or (c) of this section, and had
knowledge that the person engaged in the activities referred to
in that subsection; or
(f) is owned or controlled by, or under common ownership or
control with, a person determined by the Secretary of State in
accordance with this section to meet the criteria in subsection
(a), (b), or (c) of this section, and knowingly participated in
the activities referred to in that subsection.
Sec. 6. (a) When the Secretary of State, in accordance with
the terms of section 5 of this order, has determined that a
Person meets any of the criteria described in section 5 and has
selected any of the sanctions set forth below to impose on that
person, the heads of relevant agencies, in consultation with
the Secretary of State, shall take the following actions where
necessary to implement the sanctions imposed by the Secretary
of State:
(i) the Board of Directors of the Export-Import Bank
shall deny approval of the issuance of any guarantee,
insurance, extension of credit, or participation in an
extension of credit in connection with the export of
any goods or services to the sanctioned person;
(ii) agencies shall not issue any specific license or
grant any other specific permission or authority under
any statute that requires the prior review and approval
of the United States Government as a condition for the
export or reexport of goods or technology to the
sanctioned person;
(iii) with respect to a sanctioned person that is a
financial institution:
(1) the Chairman of the Board of Governors of
the Federal Reserve System and the President of
the Federal Reserve Bank of New York shall take
such actions as they deem appropriate,
including denying designation, or terminating
the continuation of any prior designation of,
the sanctioned person as a primary dealer in
United States Government debt instruments; or
(2) agencies shall prevent the sanctioned
person from serving as an agent of the United
States Government or serving as a repository
for United States Government funds; or
(iv) agencies shall not procure, or enter into a
contract for the procurement of, any goods or services
from the sanctioned person.
(b) The prohibitions in subsections (a)(i)-(a)(iv) of this
section apply except to the extent provided by statutes, or 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 date
of this order.
Sec. 7. (a) When the Secretary of State, in accordance with
the terms of section 5 of this order, has determined that a
person meets any of the criteria described in section 5 and has
selected any of the sanctions set forth below to impose on that
person, the Secretary of the Treasury, in consultation with the
Secretary of State, shall take the following actions where
necessary to implement the sanctions imposed by the Secretary
of State:
(i) prohibit any United States financial institution
from making loans or providing credits to the
sanctioned person totaling more than $10,000,000 in any
12-month period, unless such person is engaged in
activities to relieve human suffering and the loans or
credits are provided for such activities;
(ii) prohibit any transactions in foreign exchange
that are subject to the jurisdiction of the United
States and in which the sanctioned person has any
interest;
(iii) prohibit any transfers of credit or payments
between financial institutions or by, through, or to
any financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
sanctioned person;
(iv) block all property and interests in property
that are in the United States, that come within the
United States, or that are or come within the
possession or control of any United States person,
including any foreign branch, of the sanctioned person,
and provide that such property and interests in
property may not be transferred, paid, exported,
withdrawn, or otherwise dealt in; or
(v) restrict or prohibit imports of goods,
technology, or services, directly or indirectly, into
the United States from the sanctioned person.
(b) The prohibitions in subsections (a)(i)-(a)(v) of this
section apply except to the extent provided by statutes, or 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 date
of this order.
Sec. 8. I hereby determine that, to the extent that section
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making
of donations of the types of articles specified in such section
by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order would
seriously impair my ability to deal with the national emergency
declared in Executive Order 12957, and I hereby prohibit such
donations as provided by subsections 1(a)(iv), 2(a), 3(a), and
7(a)(iv) of this order.
Sec. 9. The prohibitions in subsections 1(a)(iv), 2(a),
3(a), and 7(a)(iv) of this order include but are not limited
to:
(a) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 10. I hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of aliens who meet
one or more of the criteria in subsections 2(a) and 3(a) of
this order would be detrimental to the interests of the United
States, and I hereby suspend the entry into the United States,
as immigrants or nonimmigrants, of such persons. Such persons
shall be treated as persons covered by section 1 of
Proclamation 8693 of July 24, 2011 (Suspension of Entry of
Aliens Subject to United Nations Security Council Travel Bans
and International Emergency Economic Powers Act Sanctions).
Sec. 11. 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 the President by IEEPA and
sections 6(a)(6), 6(a)(7), 6(a)(8), 6(a)(9), 6(a)(11), and
6(a)(12) of ISA, and to employ all powers granted to the United
States Government by section 6(a)(3) of ISA, 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
consistent with applicable law.
Sec. 12. (a) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of, or
attempts to violate any of the prohibitions set forth in this
order or in Executive Order 12957, Executive Order 12959,
Executive Order 13059, or Executive Order 13599 is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order or in Executive Order
12957, Executive Order 12959, Executive Order 13059, or
Executive Order 13599 is prohibited.
Sec. 13. For the purposes of this order:
(a) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(b) the term ``Government of Iran'' includes the Government
of Iran, any political subdivision, agency, or instrumentality
thereof, including the Central Bank of Iran, and any person
owned or controlled by, or acting for or on behalf of, the
Government of Iran;
(c) the term ``Iran'' means the Government of Iran and the
territory of Iran and any other territory or marine area,
including the exclusive economic zone and continental shelf,
over which the Government of Iran claims sovereignty, sovereign
rights, or jurisdiction, provided that the Government of Iran
exercises partial or total de facto control over the area or
derives a benefit from economic activity in the area pursuant
to international arrangements;
(d) the terms ``knowledge'' and ``knowingly,'' with respect
to conduct, a circumstance, or a result, mean that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result;
(e) the term ``person'' means an individual or entity;
(f) the term ``sanctioned person'' means a person that the
President, or the Secretary of State or the Secretary of the
Treasury pursuant to authority delegated by the President and
in accordance with the terms of such delegation, has determined
is a person on whom sanctions shall be imposed pursuant to
IEEPA, ISA, CISADA, or ITRSHRA, and on whom the President, the
Secretary of State, or the Secretary of the Treasury has
imposed any of the sanctions in section 6 of ISA;
(g) for the purposes of section 4 of this order, the term
``subject to the jurisdiction of the Government of Iran'' means
a person organized under the laws of Iran or any jurisdiction
within Iran, ordinarily resident in Iran, or in Iran, or owned
or controlled by any of the foregoing;
(h) the term ``United States financial institution'' means
a financial institution (including its foreign branches)
organized under the laws of the United States or any
jurisdiction within the United States or located in the United
States; and
(i) the term ``United States person'' means any United
States citizen, 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.
Sec. 14. For those persons whose property and interests in
property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to this order would render those measures
ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in
Executive Order 12957, there need be no prior notice of an
action taken pursuant to subsections 1(a)(iv), 2(a), 3(a), and
7(a)(iv) of this order.
Sec. 15. Executive Order 13622 is hereby amended as
follows:
(a) Subsection 1(c)(ii) is amended by deleting the words
``with respect to the country with primary jurisdiction over
the foreign financial institution.''
(b) Subsection 2(b)(ii) is amended by deleting the words
``with respect to the country with primary jurisdiction over
the person.''
(c) Subsection 1(d) is amended by inserting the words
``agricultural commodities,'' after the words ``sale of.''
Sec. 16. 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 the President by IEEPA, as
may be necessary to carry out section 104A of CISADA (22 U.S.C.
8514). The Secretary of the Treasury may redelegate any of
these functions to other officers and agencies of the United
States Government consistent with applicable law.
Sec. 17. 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. 18. This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
Sec. 19. The measures taken pursuant to this order are in
response to actions of the Government of Iran occurring after
the conclusion of the 1981 Algiers Accords, and are intended
solely as a response to those later actions.
Barack Obama.
The White House, October 9, 2012.