[House Document 114-92]
[From the U.S. Government Publishing Office]
114th Congress, 2d Session - - - - - - - - - - - House Document 114-92
REVOCATION OF EXECUTIVE ORDERS 13574, 13590, 13622, AND 13645 WITH
RESPECT TO IRAN, AMENDMENT OF EXECUTIVE ORDER 13628 WITH RESPECT TO
IRAN, AND PROVISION OF IMPLEMENTATION AUTHORITIES FOR ASPECTS OF
CERTAIN STATUTORY SANCTIONS OUTSIDE THE SCOPE OF U.S. COMMITMENTS UNDER
THE JOINT COMPREHENSIVE PLAN OF ACTION OF JULY 14, 2015
__________
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
REVOCATION OF EXECUTIVE ORDERS 13574, 13590, 13622, AND 13645 WITH
RESPECT TO IRAN, AMENDMENT OF EXECUTIVE ORDER 13628 WITH RESPECT TO
IRAN, AND PROVISION OF IMPLEMENTATION AUTHORITIES FOR ASPECTS OF
CERTAIN STATUTORY SANCTIONS OUTSIDE THE SCOPE OF U.S. COMMITMENTS UNDER
THE JOINT COMPREHENSIVE PLAN OF ACTION OF JULY 14, 2015
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 25, 2016.--Message and accompanying papers referred to
the Committees on Foreign Affairs, Financial Services, Ways and Means,
Oversight and Government Reform, and the Judiciary and ordered to be
printed
___________
U.S. GOVERNMENT PUBLISHING OFFICE
59-011 WASHINGTON : 2016
The White House,
Washington, January 16, 2016.
Hon. Paul D. Ryan,
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'')
revoking Executive Orders 13574, 13590, 13622, and 13645 with
respect to Iran and amending Executive Order 13628 with respect
to Iran in order to give effect to the United States
commitments with respect to sanctions described in section 4 of
Annex II and section 17.4 of Annex V of the Joint Comprehensive
Plan of Action of July 14, 2015 (JCPOA) between the P5+1
(China, France, Germany, the Russian Federation, the United
Kingdom, and the United States), the European Union (EU), and
Iran. In addition, the order takes steps to provide
implementation authorities for aspects of certain statutory
sanctions that are outside the scope of the U.S. commitments to
lift nuclear-related sanctions under the JCPOA.
In Executive Order 12957 of March 15, 1995, 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 and to
provide implementing authority for Iran-related sanctions
legislation--including the Iran Sanctions Act of 1996 (Public
Law 104-172) (50 U.S.C. 1701 note); certain statutory
requirements of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (Public Law 111-195)
(22 U.S.C. 8501 et seq.); section 1245(c) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81) (22 U.S.C. 8513a); 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.); and 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)--the President
issued Executive Order 12959 of May 6, 1995, Executive Order
13059 of August 19, 1997, Executive Order 13553 of September
28, 2010, Executive Order 13574 of May 23, 2011, Executive
Order 13590 of November 20, 2011, Executive Order 13599 of
February 5, 2012, Executive Order 13606 of April 22, 2012,
Executive Order 13608 of May 1, 2012, Executive Order 13622 of
July 30, 2012, Executive Order 13628 of October 9, 2012, and
Executive Order 13645 of June 3, 2013.
On July 14, 2015, the P5+1, the EU, and Iran announced the
JCPOA, which will verifiably prevent Iran from acquiring a
nuclear weapon and ensure that Iran's nuclear program will be
exclusively peaceful. The JCPOA provides for the lifting of
nuclear-related sanctions on Iran in exchange for Iran's
completion of specified nuclear-related steps, as verified by
the International Atomic Energy Agency (IAEA).
I have determined that Iran's implementation of the
nuclear-related measures specified in sections 15.1-15.11 of
Annex V of the JCPOA, as verified by the IAEA, marks a
fundamental shift in circumstances with respect to Iran's
nuclear program. In order to give effect to the United States
commitments with respect to sanctions described in section 4 of
Annex II and section 17.4 of Annex V of the JCPOA, section 1 of
the order revokes Executive Orders 13574, 13590, 13622, and
13645 in their entirety. Section 2 of the order amends
Executive Order 13628 by revoking sections 5 through 7 and
section 15 of that order, revising cross references in the
remaining sections of that order to the revoked sections, and
renumbering the remaining sections of that order.
Section 3(a) of the order provides implementation authority
for aspects of section 1244(c)(1)(A) of IFCA; this provision
only applies to the extent sanctions are imposed with respect
to transactions or activities that are outside the scope of the
JCPOA, specifically, providing significant financial, material,
technological, or other support to, or goods and services in
support of, any activity or transaction on behalf of or for the
benefit of persons described in section 1244(c)(2)(C)(iii) of
IFCA (i.e., Iranian persons on the list of Specially Designated
Nationals and Blocked Persons (SDN List)).
Section 3(b) of the order provides implementation authority
for aspects of sections 1244(d)(1)(A), 1245(a)(1), and
1246(a)(1) of IFCA; this provision only applies to the extent
sanctions 3 are imposed with respect to transactions or
activities that are outside the scope of the JCPOA, as
reflected in waiver determinations as to sections
1244(d)(1)(A), 1245(a)(1), and 1246(a)(1) of IFCA issued by the
Secretary of State to give effect to sanctions commitments
described in sections 17.1-17.3 and 17.5 of Annex V of the
JCPOA (including any transactions or activities involving
persons on the SDN List), and any renewals thereof.
Section 3(c) of the order provides implementation authority
for section 1249 of IFCA, which is outside the scope of the
JCPOA.
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 section 6 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.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Barack Obama.
Executive Order
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Revocation of Executive Orders 13574, 13590, 13622, and 13645 With
Respect to Iran, Amendment of Executive Order 13628 With Respect to
Iran, and Provision of Implementation Authorities for Aspects of
Certain Statutory Sanctions Outside the Scope of U.S. Commitments Under
the Joint Comprehensive Plan of Action of July 14, 2015
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.) (NEA), the Iran Sanctions Act of 1996
(Public Law 104-172) (50 U.S.C. 1701 note), the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010
(Public Law 111-195) (22 U.S.C. 8501 et seq.), the Iran Threat
Reduction and Syria Human Rights Act of 2012 (Public Law 112-
158), 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,
I, BARACK OBAMA, President of the United States of America,
have determined that Iran's implementation of the nuclear-
related measures specified in sections 15.1-15.11 of Annex V of
the Joint Comprehensive Plan of Action of July 14, 2015 (JCPOA)
between the P5+1 (China, France, Germany, the Russian
Federation, the United Kingdom, and the United States), the
European Union, and Iran, as verified by the International
Atomic Energy Agency, marks a fundamental shift in
circumstances with respect to Iran's nuclear program. In order
to give effect to the United States commitments with respect to
sanctions described in section 4 of Annex II and section 17.4
of Annex V of the JCPOA, I am revoking Executive Orders 13574
of May 23, 2011, 13590 of November 20, 2011, 13622 of July 30,
2012, and 13645 of June 3, 2013, and amending Executive Order
13628 of October 9, 2012, by revoking sections 5 through 7 and
section 15. In addition, in section 3 of this order, I am
taking steps with respect to the national emergency declared in
Executive Order 12957 of March 15, 1995, to provide
implementation authorities for aspects of certain statutory
sanctions that are outside the scope of the U.S. commitment to
lift nuclear-related sanctions under the JCPOA.
This action is not intended to, and does not, limit the
applicability of waiver determinations or any renewals thereof
issued by the Secretary of State, or licenses issued by the
Secretary of the Treasury, to give effect to sanctions
commitments described in sections 17.1-17.3 and 17.5 of Annex V
of the JCPOA, or otherwise affect the national emergency
declared in Executive Order 12957, which shall remain in place,
or any Executive Order issued in furtherance of that national
emergency other than Executive Orders 13574, 13590, 13622,
13628, and 13645.
I hereby order:
Section 1. Revocation of Executive Orders. The following
Executive Orders are revoked:
(a) Executive Order 13574 of May 23, 2011 (Authorizing the
Implementation of Certain Sanctions Set Forth in the Iran
Sanctions Act of 1996, as Amended);
(b) Executive Order 13590 of November 20, 2011 (Authorizing
the Imposition of Certain Sanctions With Respect to the
Provision of Goods, Services, Technology, or Support for Iran's
Energy and Petrochemical Sectors);
(c) Executive Order 13622 of July 30, 2012 (Authorizing
Additional Sanctions With Respect to Iran); and
(d) Executive Order 13645 of June 3, 2013 (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).
Sec. 2. Amendment of Executive Order. Executive Order 13628
of October 9, 2012 (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), is amended by:
(a) Revoking current sections 5 through 7 and 15;
(b) Revising current section 4 by removing ``section 5 of
Executive Order 13622 of July 30, 2012,'' in subsection (a),
replacing ``section 12'' with ``section 9'' in subsection (a),
and replacing ``section 12'' with ``section 9'' in subsection
(b);
(c) Revising current section 8 by inserting ``and'' between
``2(a),'' and ``3(a)'' and removing ``, and 7(a)(iv)'';
(d) Revising current section 9 by inserting ``and'' between
``2(a),'' and ``3(a)'' and removing ``, and 7(a)(iv)'';
(e) Revising current section 14 by inserting ``and''
between ``2(a),'' and ``3(a)'' and removing ``, and 7(a)(iv)'';
(f) Renumbering current sections 8 through 14 as sections 5
through 11, respectively; and
(g) Renumbering current sections 16 through 19 as sections
12 through 15, respectively.
Sec. 3. Provision of Implementation Authorities for
Sanctions Outside the Scope of the JCPOA.
(a)(i) 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
(a)(ii) of this section upon determining, 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 for knowingly providing
significant financial, material, technological, or
other support to, or goods or services in support of
any activity or transaction on behalf of or for the
benefit of persons described in section
1244(c)(2)(C)(iii) of IFCA.
(ii) With respect to any person determined by the
Secretary of the Treasury in accordance with this
subsection to meet the criteria set forth in subsection
(a)(i) 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.
(iii) The prohibitions in subsection (a)(ii) 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.
(b)(i) 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) for
engaging in transactions or activities outside the
scope of the waiver determinations as to IFCA issued by
the Secretary of State to give effect to sanctions
commitments described in sections 17.1-17.3 and 17.5 of
Annex V of the JCPOA, and any renewals thereof, 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:
(A) 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;
(B) 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;
(C) 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;
(D) 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;
(E) prohibit any United States person from
investing in or purchasing significant amounts
of equity or debt instruments of a sanctioned
person;
(F) restrict or prohibit imports of goods,
technology, or services, directly or
indirectly, into the United States from the
sanctioned person; or
(G) 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 (b)(1)(A)-(F) of this section, as
selected by the Secretary of State or the
Secretary of the Treasury, as appropriate.
(ii) The prohibitions in subsection (b)(i) 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.
(c)(i) 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:
(A) 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;
(B) 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 (c)(i)(A) of this section;
(C) 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 (c)(i)(A) or (c)(i)(B) of this
section or any person whose property and
interests in property are blocked pursuant to
subsection (c)(i) of this section; or
(D) 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 subsection (c)(i) of this section.
(ii) The prohibitions in subsection (c)(i) 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. Donations. 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
3(a)(ii), 3(b)(i)(D), and 3(c)(i) of this order.
Sec. 5. Prohibitions. The prohibitions in subsections
3(a)(ii) 3(b)(i)(D), and 3(c)(i) 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. 6. Entry into the United States. I hereby find that
the unrestricted immigrant and nonimmigrant entry into the
United States of aliens who are determined to meet one or more
of the criteria in subsections 3(a)(i) and 3(c)(i) 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 as of the date
of this order. 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. 7. General Authorities. 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
section 6 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. 8. Evasion and Conspiracy. (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. 9. Definitions. 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 ``financial institution,'' as used in
subsection 3(b) 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) ofthe
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;
(c) 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;
(d) 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;
(e) the term ``person'' means an individual or entity;
(f) 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) for
engaging in transactions or activities outside the scope of the
waiver determinations as to IFCA issued by the Secretary of
State to give effect to sanctions commitments described in
sections 17.1-17.3 and 17.5 of Annex V of the JCPOA, and any
renewals thereof, and on whom the Secretary of State or the
Secretary of the Treasury has imposed any of the sanctions in
subsection 3(b) of this order;
(g) the term ``United States financial institution'' means
a financial institution as defined in subsection (b) 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
(h) 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. 10. Notice. 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 3(a)(ii),
3(b)(i)(D), or 3(c)(i) of this order.
Sec. 11. Direction to Agencies. 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. 12. Rights. 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. 13. Effect on Actions or Proceedings. Pursuant to
section 202 of the NEA (50 U.S.C. 1622), the revocation of
Executive Orders 13574, 13590, 13622, and 13645 and the
amendments to Executive Order 13628 as set forth in sections 1
and 2 of this order, shall not affect any action taken or
proceeding pending not finally concluded or determined as of
the date of this order, or any action or proceeding based on
any act committed prior to the date of this order, or any
rights or duties that matured or penalties that were incurred
prior to the date of this order.
Sec. 14. Relationship to Algiers Accords. 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, January 16, 2016.
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