[House Document 115-146]
[From the U.S. Government Publishing Office]
115th Congress, 2d Session - - - - - - - - - - - - House Document 115-
146
REIMPOSING CERTAIN SANCTIONS WITH RESPECT TO IRAN
__________
COMMUNICATION
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, AND IMPLEMENTING CERTAIN
STATUTORY REQUIREMENTS, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 95-
223 SEC. 204(b); (91 STAT. 1627)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
August 7, 2018.--Referred jointly 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
79-011 WASHINGTON : 2018
The White House,
Washington, August 6, 2018.
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'')
with respect to Iran 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 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) (TRA), and 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).
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 implementation authority for Iran-related legislation--
including ISA and certain statutory requirements of CISADA,
TRA, and 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 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.
In order to give effect to the commitments of the United
States with respect to sanctions described in the Joint
Comprehensive Plan of Action of July 14, 2015 (JCPOA), the
President issued Executive Order 13716 of January 16, 2016,
which revoked Executive Orders 13574, 13590, 13622, and 13645,
amended Executive Order 13628, and continued implementation
authorities for certain provisions of IFCA that were outside
the scope of the JCPOA.
On May 8, 2018, in recognition of Iran's escalating
campaign of regional destabilization, the threat that Iran's
malign behavior continues to pose to the national security,
foreign policy, and economy of the United States, and the
JCPOA's failure to address the totality of the concerns of the
United States about Iran's behavior, I announced my decision to
cease the participation of the United States in the JCPOA and
to reimpose all sanctions lifted or waived in connection with
the JCPOA. Iran remains the world's leading state sponsor of
terrorism, and provides assistance to Lebanese Hizballah,
Hamas, Kata'ib Hizballah, the Taliban, al-Qa'ida, and other
terrorist networks. Iran also continues to fuel sectarian
tension in Iraq, and support vicious civil wars in Yemen and
Syria. It commits grievous human rights abuses, and arbitrarily
detains foreigners, including United States citizens, on
spurious charges without due process of law.
It is the policy of the United States that Iran be denied
all paths to develop or acquire a nuclear weapon; that Iran's
network and campaign of regional aggression be neutralized and
constrained; to disrupt, degrade, or deny the Islamic
Revolutionary Guards Corps and its surrogates access to the
resources that sustain their destabilizing activities; and to
impede Iran's aggressive development of longer-range missiles,
including intercontinental ballistic missiles, and other
asymmetric and conventional weapons capabilities. I have
determined that these circumstances, in the context of the
national emergency declared in Executive Order 12957,
necessitate the exercise of my authority under IEEPA.
Sections 1-6 of the order that I have issued reimpose and
extend the sanctions that were lifted pursuant to Executive
Order 13716, including implementation authorities for IFCA. In
addition, these sections continue in effect certain
implementation authorities for ISA, CISADA, and TRA previously
provided for in Executive Order 13628. The measures in these
sections will take effect following a previously announced 90-
day or 180-day wind-down period, as appropriate.
Section 7 of the order continues in effect authorities
contained in sections 2 and 3 of Executive Order 13628 and
subsection 3(c) of Executive Order 13716 targeting the
diversion of goods intended for the people of Iran, the
transfer of goods or technologies to Iran that are likely to be
used to commit human rights abuses, and persons who engage in
censorship.
Section 8 of the order continues in effect and extends
prohibitions contained in section 4 of Executive Order 13628
relating to entities owned or controlled by a United States
person and established or maintained outside the United States,
which were required by section 218 of the TRA.
Section 9 of the order revokes Executive Orders 13628 and
13716 and clarifies that the provisions of the order supersede
those earlier orders.
I have delegated to the Secretary of the Treasury, in
consultation with the Secretary of State, the authority to take
such actions, including adopting rules and regulations, to
employ all powers granted to me by IEEPA and the relevant
provisions of ISA, 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.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Donald J. Trump.
Executive Order
----------
Reimposing Certain 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.) (NEA), 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) (TRA), 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, in order to take additional steps with respect to
the national emergency declared in Executive Order 12957 of
March 15, 1995.
I, DONALD J. TRUMP, President of the United States of
America, in light of my decision on May 8, 2018, to cease the
participation of the United States in the Joint Comprehensive
Plan of Action of July 14, 2015 (JCPOA), and to re-impose all
sanctions lifted or waived in connection with the JCPOA as
expeditiously as possible and in no case later than 180 days
from May 8, 2018, as outlined in the National Security
Presidential Memorandum-11 of May 8, 2018 (Ceasing United
States Participation in the Joint Comprehensive Plan of Action
and Taking Additional Action to Counter Iran's Malign Influence
and Deny Iran All Paths to a Nuclear Weapon), and to advance
the goal of applying financial pressure on the Iranian regime
in pursuit of a comprehensive and lasting solution to the full
range of the threats posed by Iran, including Iran's
proliferation and development of missiles and other asymmetric
and conventional weapons capabilities, its network and campaign
of regional aggression, its support for terrorist groups, and
the malign activities of the Islamic Revolutionary Guard Corps
and its surrogates, hereby order as follows:
Section 1. Blocking Sanctions Relating to Support for the
Government of Iran's Purchase or Acquisition of U.S. Bank Notes
or Precious Metals; Certain Iranian Persons; and Iran's Energy,
Shipping, and Shipbuilding Sectors and Port Operators. (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 that:
(i) on or after August 7, 2018, the person has
materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or
services in support of, the purchase or acquisition of
U.S. bank notes or precious metals by the Government of
Iran;
(ii) on or after November 5, 2018, the person has
materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or
services in support of, the National Iranian Oil
Company (NIOC), Naftiran Intertrade Company (NICO), or
the Central Bank of Iran;
(iii) on or after November 5, 2018, the person has
materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or
services to or in support of:
(A) 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
(B) any other person included on the SDN List
whose property and interests in property are
blocked pursuant to subsection (a) of this
section 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
(iv) pursuant to authority delegated by the President
and in accordance with the terms of such delegation,
sanctions shall be imposed on such person pursuant to
section 1244(c)(1)(A) of IFCA because the person:
(A) is part of the energy, shipping, or
shipbuilding sectors of Iran;
(B) operates a port in Iran; or
(C) knowingly provides significant financial,
material, technological, or other support to,
or goods or services in support of any activity
or transaction on behalf of a person determined
under section 1244(c)(2)(A) of IFCA to be a
part of the energy, shipping, or shipbuilding
sectors of Iran; a person determined under
section 1244(c)(2)B) of IFCA to operate a port
in Iran; or an Iranian person included on the
SDN List (other than a person described in
section 1244(c)(3) of IFCA).
(b) With respect to any person determined by the Secretary
of the Treasury in accordance with this section to meet any of
the criteria set forth in subsections (a)(i)-(a)(iv) 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 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 or, where specifically provided,
the effective date of the prohibition.
Sec. 2. Correspondent and Payable-Through Account Sanctions
Relating to Iran's Automotive Sector; Certain Iranian Persons;
and Trade in Iranian Petroleum, Petroleum Products, and
Petrochemical Products. (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 or after August 7, 2018, for the sale, supply,
or transfer to Iran of significant goods or services
used in connection with the automotive sector of Iran;
(ii) on or after November 5, 2018, 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 1(a) 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);
(iii) on or after November 5, 2018, with NIOC or
NICO, except for a sale or provision to NIOC or NICO of
the products described in section 5(a)(3)(A)(1) of ISA
provided that the fair market value of such products is
lower than the applicable dollar threshold specified in
that provision;
(iv) on or after November 5, 2018, for the purchase,
acquisition, sale, transport, or marketing of petroleum
or petroleum products from Iran; or
(v) on or after November 5, 2018, for the purchase,
acquisition, sale, transport, or marketing of
petrochemical products from Iran.
(b) With respect to any foreign financial institution
determined by the Secretary of the Treasury in accordance with
this section to meet any of the criteria set forth in
subsections (a)(i)-(a)(v) of this section, the Secretary of the
Treasilry 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) Subsections (a)(ii)-(a)(iv) 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)(ii) 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) Subsections (a)(ii)-(a)(v) of this section shall not
apply with respect to any person for conducting or facilitating
a transaction for the provision (including any sale) 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 or, where specifically provided,
the effective date of the prohibition.
Sec. 3. ``Menu-based'' Sanctions Relating to Iran's
Automotive Sector and Trade in Iranian Petroleum, Petroleum
Products, and Petrochemical Products. (a) 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 4 or 5 of this
order upon determining that the person:
(i) on or after August 7, 2018, 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;
(ii) on or after November 5, 2018, knowingly engaged
in a significant transaction for the purchase,
acquisition, sale, transport, or marketing of petroleum
or petroleum products from Iran;
(iii) on or after November 5, 2018, knowingly engaged
in a significant transaction for the purchase,
acquisition, sale, transport, or marketing of
petrochemical products from Iran;
(iv) is a successor entity to a person determined by
the Secretary of State in accordance with this section
to meet any of the criteria set forth in subsections
(a)(1)-(a)(iii) of this section;
(v) owns or controls a person determined by the
Secretary of State in accordance with this section to
meet any of the criteria set forth in subsections
(a)(1)-(a)(iii) of this section, and had knowledge that
the person engaged in the activities referred to in
those subsections; or
(vi) 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 any of the criteria set forth in subsections
(a)(1)-(a)(iii) of this section, and knowingly
participated in the activities referred to in those
subsections.
(b) Subsection (a)(ii) of this section shall apply with
respect to a person only if:
(i) the President determines under subparagraphs
(4)(B) and (C) of subsection 1245(d) of the 2012 NDAA
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.
Sec. 4. Agency Implementation Authorities for ``Menu-
based'' Sanctions. When the Secretary of State, in accordance
with the terms of section 3 of this order, has determined that
a person meets any of the criteria described in subsections
(a)(i)-(a)(vi) 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 of the
United States 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 or
regulation 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 or, where specifically provided,
the effective date of the prohibition.
Sec. 5. Additional Implementation Authorities for ``Menu-
based'' Sanctions. (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 described in
section 6(a) of ISA shall be imposed on a person pursuant to
ISA, CISADA, TRA, or IFCA and has selected one or more of the
sanctions set forth below to impose on that person or when the
Secretary of State, in accordance with the terms of section 3
of this order, has determined that a person meets any of the
criteria described in subsections (a)(i)-(a)(vi) of that
section and has selected one or more 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
selected and maintained by the President, 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 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 President or 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 or, where specifically provided,
the effective date of the prohibition.
Sec. 6. Sanctions Relating to the Iranian Rial. (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 August 7, 2018:
(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 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 or, where specifically provided,
the effective date of the prohibition.
Sec. 7. Sanctions with Respect to the Diversion of Goods
Intended for the People of Iran, the Transfer of Goods or
Technologies to Iran that are Likely to be Used to Commit Human
Rights Abuses, and Censorship. (a) The Secretary of the
Treasury, in consultation with or at the recommendation of the
Secretary of State, is hereby authorized to impose on a person
the measures described in subsection (b) of this section upon
determining that the person:
(i) has 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) has 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) has 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;
(iv) has 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;
(v) has 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;
(vi) has materially assisted, sponsored, or provided
financial, material, or technological support for, or
goods or services to or in support of, the activities
described in subsections (a)(i)-(a)(v) of this section
or any person whose property and interests in property
are blocked pursuant to this section; or
(vii) is owned or controlled by, or has 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) With respect to any person determined by the Secretary
of the Treasury in accordance with this section to meet any of
the criteria set forth in subsections (a)(i)-(a)(vii) 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 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 or, where specifically provided,
the effective date of the prohibition.
Sec. 8. Entities Owned or Controlled by a United States
Person and Established or Maintained Outside the United States.
(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, or sections 1 or 15 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 15 of this order may be assessed against the United
States person that owns or controls the entity that engaged in
the prohibited transaction.
(c) 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 or, where specifically provided,
the effective date of the prohibition, except to the extent
provided in subsection 20(c) of this order.
Sec. 9. Revoking and Superseding Prior Executive Orders.
The following Executive Orders are revoked and superseded:
(a) 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); and
(b) Executive Order 13716 of January 16, 2016 (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).
Sec. 10. Natural Gas Project Exception. Subsections 1(a),
2(a)(ii)-(a)(v), 3(a)(ii)-(a)(iii), and, with respect to a
person determined by the Secretary of State in accordance with
section 3 to meet the criteria of 3(a)(ii)-(iii), 3(a)(iv)-(vi)
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 TRA to which the
exception under that section applies.
Sec. 11. 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 1(b),
5(a)(iv), 6(b)(ii), and 7(h) of this order.
Sec. 12. Prohibitions. The prohibitions in subsections
1(b), 5(a)(iv), 6(b)(ii), and 7(h) of this order include:
(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. 13. Entry into the United States. The unrestricted
immigrant and nonimmigrant entry into the United States of
aliens determined to meet one or more of the criteria in
subsections 1(a), 3(a), and 7(a) of this order would be
detrimental to the interests of the United States, and the
entry of such persons into the United States, as immigrants or
nonimmigrants, is hereby suspended. 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. 14. General Authorities. The Secretary of the
Treasury, in consultation with the Secretary of State, is
hereby authorized to take such actions, including adopting
rules and regulations, to employ all powers granted to me 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, other
than the purposes described in sections 3, 4, and 13 of this
order. The Secretary of the Treasury may, consistent with
applicable law, redelegate any of these functions within the
Department of the Treasury. All agencies of the United States
shall take all appropriate measures within their authority to
implement this order.
Sec. 15. 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 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. 16. Definitions. 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'' 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'' 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'' 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 terms ``Naftiran Intertrade Company'' and ``NICO''
mean the Naftiran Intertrade Company Ltd. and any entity owned
or controlled by, or operating for or on behalf of, the
Naftiran Intertrade Company Ltd.;
(k) the terms ``National Iranian Oil Company'' and ``NIOC''
mean the National Iranian Oil Company and any entity owned or
controlled by, or operating for or on behalf of, the National
Iranian Oil Company;
(l) the term ``person'' means an individual or entity;
(m) the term ``petrochemical products'' includes any
aromatic, olefin, and synthesis gas, and any of their
derivatives, including ethylene, propylene, butadiene, benzene,
toluene, xylene, ammonia, methanol, and urea;
(n) 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;
(o) 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;
(p) 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 described in section 6(a) of ISA
shall be imposed pursuant to ISA, CISADA, TRA, or IFCA, and on
whom the President, the Secretary of State, or the Secretary of
the Treasury has imposed any of the sanctions in section 6(a)
of ISA or a person on whom the Secretary of State, in
accordance with the terms of section 3 of this order, has
decided to impose sanctions pursuant to section 3 of this
order;
(q) 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;
(r) 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
(s) 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. 17. 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 a listing or determination made pursuant to
subsections 1(b), 5(a)(iv), 6(b)(ii), and 7(b) of this order.
Sec. 18. Delegation to Implement Section 104A of CISADA.
The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including adopting rules and regulations, and to employ all
powers granted to me by IEEPA, as may be necessary to carry out
section 104A of CISADA (22 U.S.C. 8513b). The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions within the Department of the Treasury.
Sec. 19. 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. 20. Effect on Actions or Proceedings, Blocked
Property, and Regulations, Orders, Directives, and Licenses.
(a) Pursuant to section 202 of the NEA (50 U.S.C. 1622), the
revocation of Executive Orders 13716 and 13628 as set forth in
section 9 of this order, shall not affect any action taken or
proceeding pending not finally concluded or determined as of
the effective date of this order, or any action or proceeding
based on any act committed prior to the effective date of this
order, or any rights or duties that matured or penalties that
were incurred prior to the effective date of this order.
(b) Except to the extent provided in statutes or
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, the following are blocked and may
not be transferred, paid, exported, withdrawn, or otherwise
dealt in: all property and interests in property that were
blocked pursuant to Executive Order 13628 and remained blocked
immediately prior to the effective date of this order.
(c) Except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to this
order, all regulations, orders, directives, or licenses that
were issued pursuant to Executive Order 13628 and remained in
effect immediately prior to the effective date of this order
are hereby authorized to remain in effect--subject to their
existing terms and conditions--pursuant to this order, which
continues in effect certain sanctions set forth in Executive
Order 13628.
Sec. 21. 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.
Sec. 22. Effective Date. This order is effective 12:01 a.m.
eastern daylight time on August 7, 2018.
Donald J. Trump.
The White House, August 6, 2018.
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