[House Document 112-27]
[From the U.S. Government Publishing Office]



112th Congress, 1st Session - - - - - - - - - - - - - House Document 112-27

 
 NOTIFICATION OF AN EXECUTIVE ORDER ISSUED WITH RESPECT TO THE ACTIONS 
                 AND POLICIES OF THE GOVERNMENT OF IRAN

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

  NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH 
RESPECT TO THE NATIONAL EMERGENCY DECLARED IN EXECUTIVE ORDER 12957 OF 
 MARCH 15, 1995 AND IMPLEMENTS THE EXISTING STATUTORY REQUIREMENTS OF 
                     THE IRAN SANCTIONS ACT OF 1996




    May 24, 2011.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    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 
existing statutory requirements of the Iran Sanctions Act of 
1996 (Public Law 104-172) (50 U.S.C. 1701 note) (ISA), as 
amended by, inter alia, the Comprehensive Iran Sanctions, 
Accountability, and Divestment Act of 2010 (Public Law 111-195) 
(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.
    In CISADA, which I signed into law on July 1, 2010, the 
Congress found that the illicit nuclear activities of the 
Government of Iran, along with its development of 
unconventional weapons and ballistic missiles and its support 
for international terrorism, threaten the security of the 
United States. To address the potential connection between 
Iran's illicit nuclear program and its energy sector, CISADA 
amended ISA to expand the types of activities that are 
sanctionable under that Act. ISA now requires that sanctions be 
imposed or waived for persons that are determined to have made 
certain investments in Iran's energy sector or to have engaged 
in certain activities relating to Iran's refined petroleum 
sector. In addition to expanding the types of sanctionable 
energy-related activities, CISADA added new sanctions that can 
be imposed pursuant to ISA.
    This order is intended to implement the statutory 
requirements of ISA. 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, 
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 person consistent with section 6(a)(3) 
of ISA;
     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 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 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 overseas branch, of the person, and provide that 
such property and interests in property may not be transferred, 
paid, exported, withdrawn, or otherwise dealt in; or
     with respect to section 6(a)(9) of ISA, restrict 
or prohibit imports of goods, technology, or services, directly 
or indirectly, into the United States from the person.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Secretary of State, 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, and to employ all 
powers granted to the United States Government by the relevant 
provision of ISA as may be necessary to carry out the purposes 
of the order. All executive agencies of the United States 
Government are directed to take all appropriate measures within 
their authority to carry out the provisions of the order.
    I am enclosing a copy of the Executive Order I have issued.

                                                      Barack Obama.
    The White House, May 23, 2011.
                            Executive Order

                              ----------                              


 Authorizing the Implementation of Certain Sanctions Set Forth in the 
                 Iran Sanctions Act of 1996, as Amended

    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) (ISA), as amended by, inter 
alia, the Comprehensive Iran Sanctions, Accountability, and 
Divestment Act of 2010 (Public Law 111-195), 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 pursuant to authority delegated by the President and in 
accordance with the terms of such delegation, which includes 
consultation with the Secretary of the Treasury, has determined 
that sanctions shall be imposed on a person pursuant to section 
5 of ISA and has selected 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 imposed and 
maintained by the President or by the Secretary of State 
pursuant to and in accordance with the terms of such 
delegation:
          (i) with respect to section 6(a)(3) of ISA, prohibit 
        any United States financial institution from making 
        loans or providing credits to the ISA-sanctioned person 
        consistent with section 6(a)(3) of ISA;
          (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 ISA-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 
        ISA-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 overseas 
        branch, of the ISA-sanctioned person, and provide that 
        such property and interests in property may not be 
        transferred, paid, exported, withdrawn, or otherwise 
        dealt in; or
          (v) with respect to section 6(a)(9) of ISA, restrict 
        or prohibit imports of goods, technology, or services, 
        directly or indirectly, into the United States from the 
        ISA-sanctioned person.
    (b) I hereby determine that, to the extent 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 ISA-sanctioned person whose 
property and interests in property are blocked pursuant to 
subsection (a)(iv) of this section 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 subsection (a)(iv) of this section.
    (c) The prohibitions in subsection (a)(iv) of this section 
include but are not limited to:
          (i) the making of any contribution or provision of 
        funds, goods, or services by, to, or for the benefit of 
        any ISA-sanctioned person whose property and interests 
        in property are blocked pursuant to this order; and
          (ii) the receipt of any contribution or provision of 
        funds, goods, or services from any such ISA-sanctioned 
        person.
    (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. 2. (a) Any transaction by a United States person or 
within the United States 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 is 
prohibited.
    (b) Any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 3. 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, group, subgroup, 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 or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States;
    (d) the term ``financial institution'' includes (i) a 
depository institution (as defined in section 3(c)(1) of the 
Federal Deposit Insurance Act) (12 U.S.C. 1813(c)(1)), 
including a branch or agency of a foreign bank (as defined in 
section 1(b)(7) of the International Banking Act of 1978) (12 
U.S.C. 3101(7)); (ii) a credit union; (iii) a securities firm, 
including a broker or dealer; (iv) an insurance company, 
including an agency or underwriter; and (v) any other company 
that provides financial services;
    (e) the term ``United States financial institution'' means 
a financial institution (including its foreign branches) 
organized under the laws of the United States or of any 
jurisdiction within the United States; and
    (f) the term ``ISA-sanctioned person'' means a person that 
the President, or the Secretary of State pursuant to authority 
delegated by the President and in accordance with the terms of 
such delegation, including consultation with the Secretary of 
the Treasury, has determined is a person on whom sanctions 
shall be imposed pursuant to section 5 of ISA and on whom the 
President or the Secretary of State has imposed any of the 
sanctions in section 6 of ISA.
    Sec. 4. 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 section 1(a)(iv) of 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 section 1(a)(iv) of 
this order.
    Sec. 5. 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), and 6(a)(9) 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. 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. 6. 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. 7. 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, May 23, 2011.

                                  
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