[House Document 113-32]
[From the U.S. Government Publishing Office]
113th Congress, 1st Session - - - - - - - - - - - - - House Document 113-32
EXECUTIVE ORDER TAKING ADDITIONAL STEPS WITH RESPECT TO THE NATIONAL
EMERGENCY DECLARED WITH RESPECT TO IRAN
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH
RESPECT TO THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO IRAN IN
EXECUTIVE ORDER 12957 OF MARCH 15, 1995
June 4, 2013.--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 certain
statutory requirements of the Iran Freedom and Counter-
Proliferation Act of 2012 (subtitle D of title XII of Public
Law 112-239) (22 U.S.C. 8801 et seq.) (IFCA), which amends 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 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 the Iran Sanctions Act of 1996
(Public Law 104-172) (50 U.S.C. 1701 note) (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 further 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) (22 U.S.C. 8513a),
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 further sanctions 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.
Most recently, I issued Executive Order 13628 of October 9,
2012, to take additional steps with respect to the national
emergency declared in Executive Order 12957 and to implement
certain statutory requirements of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (Public Law 112-158) (22 U.S.C.
8701 et seq.) (TRA), including its amendments to the statutory
requirements of ISA and CISADA.
With respect to the order that I have just issued, section
1 of the order authorizes the Secretary of the Treasury, in
consultation with the Secretary of State, to impose financial
sanctions on or to 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 a
foreign financial institution determined to have, on or after
the effective date of the order:
knowingly conducted or facilitated any
significant transaction related to the purchase or sale
of Iranian rials or a derivative, swap, future,
forward, or other similar contract whose value is based
on the exchange rate of the Iranian rial; or
maintained significant funds or accounts
outside the territory of Iran denominated in the
Iranian rial.
Section 2 of the order authorizes the Secretary of the
Treasury, in consultation with the Secretary of State, to 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 any person upon determining:
that the person has materially assisted,
sponsored, or provided financial, material, or
technological support for, or goods or services to or
in support of, any Iranian person included on the list
of Specially Designated Nationals and Blocked Persons
maintained by the Office of Foreign Assets Control (SDN
List) (other than an Iranian depository institution
whose property and interests in property are blocked
solely pursuant to Executive Order 13599) or any other
person included on the SDN List whose property and
interests in property are blocked pursuant to this
paragraph or Executive Order 13599 (other than an
Iranian depository institution whose property and
interests in property are blocked solely pursuant to
Executive Order 13599); or
pursuant to authority delegated by the
President and in accordance with the terms of such
delegation, that sanctions shall be imposed on such
person pursuant to section 1244(c)(1)(A) of IFCA.
Section 3 of the order authorizes the Secretary of the
Treasury, in consultation with the Secretary of State, to
impose financial sanctions on a foreign financial institution
determined to have knowingly conducted or facilitated any
significant financial transaction:
on behalf of any Iranian person included on
the SDN List (other than an Iranian depository
institution whose property and interests in property
are blocked solely pursuant to Executive Order 13599)
or any other person included on the SDN List whose
property and interests in property are blocked pursuant
to subsection 2(a)(i) of the order or Executive Order
13599 (other than an Iranian depository institution
whose property and interests in property are blocked
solely pursuant to Executive Order 13599); or
on or after the effective date of the order,
for the sale, supply, or transfer to Iran of
significant goods or services used in connection with
the automotive sector of Iran.
Section 5 of the order authorizes the Secretary of State,
in consultation with the Secretary of the Treasury, the
Secretary of Commerce, the Secretary of Homeland Security, and
the United States Trade Representative, and with the President
of the Export-Import Bank, the Chairman of the Board of
Governors of the Federal Reserve System, and other agencies and
officials as appropriate, to impose sanctions on a person upon
determining that the person:
on or after the effective date of the order,
knowingly engaged in a significant transaction for the
sale, supply, or transfer to Iran of significant goods
or services used in connection with the automotive
sector of Iran;
is a successor entity to a person determined
to meet that criterion;
owns or controls a person determined to meet
that criterion, and had knowledge that the person
engaged in the activities referred to therein; or
is owned or controlled by, or under common
ownership or control with, a person determined to meet
that criterion, and knowingly participated in the
activities therein.
Sections 6 and 7 of the order provide that, for persons
determined to meet any of these criteria, the heads of the
relevant agencies, in consultation with the Secretary of State,
shall implement the sanctions imposed by the Secretary of
State. Those sanctions may include the following actions:
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;
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;
for a sanctioned person that is a financial
institution: 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 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;
agencies shall not procure, or enter into a
contract for the procurement of, any goods or services
from the sanctioned person;
the Secretary of State shall deny a visa to,
and the Secretary of Homeland Security shall exclude
from the United States, any alien that the Secretary of
State determines is a corporate officer or principal
of, or a shareholder with a controlling interest in, a
sanctioned person;
the heads of the relevant agencies, as
appropriate, shall impose on the principal executive
officer or officers, or persons performing similar
functions and with similar authorities, of a sanctioned
person any of the sanctions described above, as
selected by the Secretary of State;
the Secretary of the Treasury shall take
actions where necessary to:
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;
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;
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;
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;
prohibit any United States person from
investing in or purchasing significant amounts
of equity or debt instruments of a sanctioned
person;
restrict or prohibit imports of goods,
technology, or services, directly or
indirectly, into the United States from the
sanctioned person; or
impose on the principal executive
officer or officers, or persons performing
similar functions and with similar authorities,
of a sanctioned person any of the sanctions
described above, as appropriate.
Section 7 of the order also provides that, when 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 sections 1244(d)(1)(A),
1245(a)(1), or 1246(a)(1) of IFCA (including in each case as
informed by section 1253(c)(2) of IFCA), such Secretary may
select one or more of the sanctions described above for which
the Secretary of the Treasury shall take such action, and the
Secretary of the Treasury shall take actions where necessary to
implement those sanctions.
Sections 8 and 11 of the order implement the statutory
requirements of CISADA, as amended by section 1249 of IFCA.
They authorize the Secretary of the Treasury to 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), and the Secretary of State to
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, on or after January 2,
2013, in corruption or other activities relating to the
diversion of goods, including agricultural commodities,
food, medicine, and medical devices, intended for the
people of Iran;
to have engaged, on or after January 2,
2013, in corruption or other activities relating to the
misappropriation of proceeds from the sale or resale of
goods described above;
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 above or any person whose property
and interests in property are blocked pursuant to these
provisions; or
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 these provisions.
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, as may be necessary to carry out the purposes of the
order, other than the purposes described in sections 5, 6, and
11 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.
The order, a copy of which is enclosed, becomes effective
at 12:01 a.m. eastern daylight time on July 1, 2013.
Barack Obama.
The White House, June 3, 2013.
Executive Order
----------
Authorizing the Implementation of Certain Sanctions Set Forth in the
Iran Freedom and Counter-Proliferation 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 Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (Public Law 111-195)
(22 U.S.C. 8501 et seq.) (CISADA), the Iran Freedom and
Counter-Proliferation Act of 2012 (subtitle D of title XII of
Public Law 112-239) (22 U.S.C. 8801 et seq.) (IFCA), section
212(f) of the Immigration and Nationality Act of 1952 (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) The Secretary of the Treasury, in
consultation with the Secretary of State, is hereby authorized
to impose on a foreign financial institution the sanctions
described in subsection (b) of this section upon determining
that the foreign financial institution has, on or after the
effective date of this order:
(i) knowingly conducted or facilitated any
significant transaction related to the purchase or sale
of Iranian rials or a derivative, swap, future,
forward, or other similar contract whose value is based
on the exchange rate of the Iranian rial; or
(ii) maintained significant funds or accounts outside
the territory of Iran denominated in the Iranian rial.
(b) With respect to any foreign financial institution
determined by the Secretary of the Treasury in accordance with
this section to meet the criteria set forth in subsection
(a)(i) or (a)(ii) of this section, the Secretary of the
Treasury may:
(i) prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United
States of a correspondent account or a payable-through
account by such foreign financial institution; or
(ii) block 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 such foreign
financial institution, and provide that such property
and interests in property may not be transferred, paid,
exported, withdrawn, or otherwise dealt in.
(c) The prohibitions in subsection (b) 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
effective date of this order.
Sec. 2. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to impose on
a person the measures described in subsection (b) of this
section upon determining:
(i) that the person has materially assisted,
sponsored, or provided financial, material, or
technological support for, or goods or services to or
in support of, any Iranian person included on the list
of Specially Designated Nationals and Blocked Persons
maintained by the Office of Foreign Assets Control (SDN
List) (other than an Iranian depository institution
whose property and interests in property are blocked
solely pursuant to Executive Order 13599 of February 5,
2012) or any other person included on the SDN List
whose property and interests in property are blocked
pursuant to this paragraph or Executive Order 13599
(other than an Iranian depository institution whose
property and interests in property are blocked solely
pursuant to Executive Order 13599); or
(ii) pursuant to authority delegated by the President
and in accordance with the terms of such delegation,
that sanctions shall be imposed on such person pursuant
to section 1244(c)(1)(A) of IFCA.
(b) With respect to any person determined by the Secretary
of the Treasury in accordance with this section to meet the
criteria set forth in subsection (a)(i) or (a)(ii) of this
section, 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 such
person are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in.
(c) The prohibitions in subsection (b) 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
effective date of this order.
Sec. 3. (a) The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to impose on
a foreign financial institution the sanctions described in
subsection (b) of this section upon determining that the
foreign financial institution has knowingly conducted or
facilitated any significant financial transaction:
(i) on behalf of any Iranian person included on the
SDN List (other than an Iranian depository institution
whose property and interests in property are blocked
solely pursuant to Executive Order 13599) or any other
person included on the SDN List whose property and
interests in property are blocked pursuant to
subsection 2(a)(i) of this order or Executive Order
13599 (other than an Iranian depository institution
whose property and interests in property are blocked
solely pursuant to Executive Order 13599); or
(ii) on or after the effective date of this order,
for the sale, supply, or transfer to Iran of
significant goods or services used in connection with
the automotive sector of Iran.
(b) With respect to any foreign financial institution
determined by the Secretary of the Treasury in accordance with
this section to meet the criteria set forth in subsection
(a)(i) or (a)(ii) of this section, the Secretary of the
Treasury may prohibit the opening, and prohibit or impose
strict conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by such
foreign financial institution.
(c) Subsection (a)(i) of this section shall apply with
respect to a significant financial transaction conducted or
facilitated by a foreign financial institution for the purchase
of petroleum or petroleum products from Iran only if:
(i) the President determines under subparagraphs
(4)(B) and (C) of subsection 1245(d) of the National
Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81) (2012 NDAA) (22 U.S.C. 8513a) that there is
a sufficient supply of petroleum and petroleum products
from countries other than Iran to permit a significant
reduction in the volume of petroleum and petroleum
products purchased from Iran by or through foreign
financial institutions; and
(ii) an exception under subparagraph 4(D) of
subsection 1245(d) of the 2012 NDAA from the imposition
of sanctions under paragraph (1) of that subsection
does not apply.
(d) Subsection (a)(i) of this section shall not apply with
respect to a significant financial transaction conducted or
facilitated by a foreign financial institution for the sale,
supply, or transfer to or from Iran of natural gas only if the
financial transaction is solely for trade between the country
with primary jurisdiction over the foreign financial
institution and Iran, and any funds owed to Iran as a result of
such trade are credited to an account located in the country
with primary jurisdiction over the foreign financial
institution.
(e) Subsection (a)(i) of this section shall not apply to
any person for conducting or facilitating a transaction for the
provision of agricultural commodities, food, medicine, or
medical devices to Iran.
(f) The prohibitions in subsection (b) 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
effective date of this order.
Sec. 4. Subsections 2(a) and 3(a)(i) of this order shall
not apply with respect to any person for conducting or
facilitating a transaction involving a project described in
subsection (a) of section 603 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (Public Law 112-158) (22 U.S.C.
8701 et seq.) to which the exception under that section
applies.
Sec. 5. The Secretary of State, in consultation with the
Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Homeland Security, and the United States Trade
Representative, and with the President of the Export-Import
Bank, 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) on or after the effective date of this order, knowingly
engaged in a significant transaction for the sale, supply, or
transfer to Iran of significant goods or services used in
connection with the automotive sector of Iran;
(b) 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) of this section;
(c) owns or controls a person determined by the Secretary
of State in accordance with this section to meet the criteria
in subsection (a) of this section, and had knowledge that the
person engaged in the activities referred to in that
subsection; or
(d) 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) of this section, and knowingly participated in the
activities referred to in that subsection.
Sec. 6. 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 subsections (a)-(d) of
that section 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, as appropriate,
shall take the following actions where necessary to implement
the sanctions imposed by the Secretary of State:
(a) 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;
(b) 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;
(c) with respect to a sanctioned person that is a financial
institution:
(i) 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
(ii) 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;
(d) agencies shall not procure, or enter into a contract
for the procurement of, any goods or services from the
sanctioned person;
(e) the Secretary of State shall deny a visa to, and the
Secretary of Homeland Security shall exclude from the United
States, any alien that the Secretary of State determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, a sanctioned person; or
(f) the heads of the relevant agencies, as appropriate,
shall 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
subsections (a)-(e) of this section, as selected by the
Secretary of State.
(g) The prohibitions in subsections (a)-(f) 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
effective date of this order.
Sec. 7. (a) When 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 section 1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA
(including in each case as informed by section 1253(c)(2) of
IFCA) or 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 subsections (a)-(d) of
that section, such Secretary may select one or more of the
sanctions set forth below to impose on that person, and the
Secretary of the Treasury, in consultation with the Secretary
of State, shall take the following actions where necessary to
implement the sanctions selected and maintained by the
Secretary of State or the Secretary of the Treasury:
(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 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 sanctioned
person, and provide that such property and interests in
property may not be transferred, paid, exported,
withdrawn, or otherwise dealt in;
(v) prohibit any United States person from investing
in or purchasing significant amounts of equity or debt
instruments of a sanctioned person;
(vi) restrict or prohibit imports of goods,
technology, or services, directly or indirectly, into
the United States from the sanctioned person; or
(vii) 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 subsections (a)(i)-(a)(vi) of
this section, as selected by the Secretary of State or
the Secretary of the Treasury, as appropriate.
(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
effective date of this order.
Sec. 8. (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, on or after January 2, 2013, in
corruption or other activities relating to the
diversion of goods, including agricultural commodities,
food, medicine, and medical devices, intended for the
people of Iran;
(ii) to have engaged, on or after January 2, 2013, in
corruption or other activities relating to the
misappropriation of proceeds from the sale or resale of
goods described in subsection (a)(i) of this section;
(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
effective date of this order.
Sec. 9. 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 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(b)(ii), 2(b), 7(a)(iv),
and 8(a) of this order.
Sec. 10. The prohibitions in subsections 1(b)(ii), 2(b),
7(a)(iv), and 8(a) 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. 11. 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 subsection 2(a), section 5, and
subsection 8(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. 12. 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 the purposes of this order, other
than the purposes described in sections 5, 6, and 11 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. 13. (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 is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 14. For the purposes of this order:
(a) the term ``automotive sector of Iran'' means the
manufacturing or assembling in Iran of light and heavy vehicles
including passenger cars, trucks, buses, minibuses, pick-up
trucks, and motorcycles, as well as original equipment
manufacturing and after-market parts manufacturing relating to
such vehicles.
(b) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(c) the term ``financial institution,'' as used in sections
6 and 7 of this order, 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;
(d) the term ``foreign financial institution,'' as used in
sections 1 and 3 of this order, means any foreign entity that
is engaged in the business of accepting deposits, making,
granting, transferring, holding, or brokering loans or credits,
or purchasing or selling foreign exchange, securities,
commodity futures or options, or procuring purchasers and
sellers thereof, as principal or agent. It includes but is not
limited to depository institutions, banks, savings banks, money
service businesses, trust companies, securities brokers and
dealers, commodity futures and options brokers and dealers,
forward contract and foreign exchange merchants, securities and
commodities exchanges, clearing corporations, investment
companies, employee benefit plans, dealers in precious metals,
stones, or jewels, and holding companies, affiliates, or
subsidiaries of any of the foregoing. The term does not include
the international financial institutions identified in 22
U.S.C. 262r(c)(2), the International Fund for Agricultural
Development, the North American Development Bank, or any other
international financial institution so notified by the
Secretary of the Treasury;
(e) 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;
(f) 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;
(g) the term ``Iranian depository institution'' means any
entity (including foreign branches), wherever located,
organized under the laws of Iran or any jurisdiction within
Iran, or owned or controlled by the Government of Iran, or in
Iran, or owned or controlled by any of the foregoing, that is
engaged primarily in the business of banking (for example,
banks, savings banks, savings associations, credit unions,
trust companies, and bank holding companies);
(h) the term ``Iranian person,'' as used in sections 2 and
3 of this order, means an individual who is a citizen or
national of Iran or an entity organized under the laws of Iran
or otherwise subject to the jurisdiction of the Government of
Iran;
(i) 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;
(j) the term ``person'' means an individual or entity;
(k) the term ``petroleum'' (also known as crude oil) means
a mixture of hydrocarbons that exists in liquid phase in
natural underground reservoirs and remains liquid at
atmospheric pressure after passing through surface separating
facilities;
(l) the term ``petroleum products'' includes unfinished
oils, liquefied petroleum gases, pentanes plus, aviation
gasoline, motor gasoline, naphtha-type jet fuel, kerosene-type
jet fuel, kerosene, distillate fuel oil, residual fuel oil,
petrochemical feedstocks, special naphthas, lubricants, waxes,
petroleum coke, asphalt, road oil, still gas, and miscellaneous
products obtained from the processing of: crude oil (including
lease condensate), natural gas, and other hydrocarbon
compounds. The term does not include natural gas, liquefied
natural gas, biofuels, methanol, and other non-petroleum fuels;
(m) the term ``sanctioned person'' means a person that 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 section
1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA (including in
each case as informed by section 1253(c)(2) of IFCA), and on
whom the Secretary of State or the Secretary of the Treasury
has imposed any of the sanctions in section 6 or 7 of this
order or a person on whom the Secretary of State, in accordance
with the terms of section 5 of this order, has determined to
impose sanctions pursuant to section 5;
(n) for the purposes 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;
(o) the term ``United States financial institution'' means
a financial institution as defined in subsection (c) of this
section (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
(p) 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. 15. 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 subsection 1(b)(ii), 2(b), 7(a)(iv),
or 8(a) of this order.
Sec. 16. Executive Order 13622 of July 30, 2012, is hereby
amended as follows:
(a) Subsection (a)(ii) of section 1 is amended by replacing
``for the purchase or acquisition of petroleum or petroleum
products from Iran'' with ``for the purchase, acquisition,
sale, transport, or marketing of petroleum or petroleum
products from Iran''.
(b) Subsection (a)(iii) of section 1 is amended by
replacing ``for the purchase or acquisition of petrochemical
products from Iran'' with ``for the purchase, acquisition,
sale, transport, or marketing of petrochemical products from
Iran''.
(c) Subsection (a)(i) of section 2 is amended by replacing
``knowingly, on or after the effective date of this order,
engaged in a significant transaction for the purchase or
acquisition of petroleum or petroleum products from Iran'' with
``knowingly, on or after the effective date of this order,
engaged in a significant transaction for the purchase,
acquisition, sale, transport, or marketing of petroleum or
petroleum products from Iran''.
(d) Subsection (a)(ii) of section 2 is amended by replacing
``knowingly, on or after the effective date of this order,
engaged in a significant transaction for the purchase or
acquisition of petrochemical products from Iran'' with
``knowingly, on or after the effective date of this order,
engaged in a significant transaction for the purchase,
acquisition, sale, transport, or marketing of petrochemical
products from Iran''.
(e) Subsection (e) of section 10 is amended by inserting
the words ``dealers in precious metals, stones, or jewels,''
after the words ``employee benefit plans,''.
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.
Sec. 20. This order is effective at 12:01 a.m. eastern
daylight time on July 1, 2013.
Barack Obama.
The White House, June 3, 2013.