[House Document 116-154]
[From the U.S. Government Publishing Office]
116th Congress, 2d Session--------------------HOUSE DOUCUMENT 116-154
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BLOCKING PROPERTY OF CERTAIN PERSONS WITH RESPECT TO THE CONVENTIONAL
ARMS ACTIVITIES OF IRAN
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION OF THE ISSUANCE OF AN EXECUTIVE ORDER WITH RESPECT TO IRAN
THAT TAKES ADDITIONAL STEPS WITH RESPECT TO THE NATIONAL EMERGENCY
DECLARED IN EXECUTIVE ORDER 12957 OF MARCH 15, 1995, PURSUANT TO 50
U.S.C. 1703(b); PUBLIC LAW 95-223, SEC. 204(b); (91 STAT. 1627) AND 50
U.S.C. 1641(b); PUBLIC LAW 94-412, SEC. 401(b); (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 22, 2020.--Message and accompanying papers referred to the
Committee on Foreign Affairs and the Judiciary, and ordered to be
printed
To the Congress of the United States:
Pursuant to the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44), 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.), 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
hereby report I have issued an Executive Order (the ``order'')
that affirms that it remains the policy of the United States to
counter Iran's malign influence in the Middle East, including
transfers from Iran of destabilizing conventional weapons and
acquisition of arms and related materiel by Iran. Transfers to
and from Iran of arms or related materiel or military equipment
represent a continuing threat to regional and international
security. Iran benefits from engaging in the conventional arms
trade by strengthening its relationships with other outlier
regimes, lessening its international isolation, and deriving
revenue that it uses to support terror groups and fund malign
activities.
In light of these findings and in order to take additional
steps with respect to the national emergency declared in
Executive Order 12957 of March 15, 1995 (Prohibiting Certain
Transactions with Respect to the Development of Iranian
Petroleum Resources), the order blocks property and interests
in property of persons determined by the Secretary of State, in
consultation with the Secretary of the Treasury, or the
Secretary of the Treasury, in consultation with the Secretary
of State:
To engage in any activity that materially
contributes to the supply, sale, or transfer, directly
or indirectly, to or from Iran, or for the use in or
benefit of Iran, of arms or related materiel, including
spare parts;
To provide to Iran any technical training,
financial resources or services, advice, other
services, or assistance related to the supply, sale,
transfer, manufacture, maintenance, or use of arms and
related materiel described above;
To have engaged, or attempted to engage, in
any activity that materially contributes to, or poses a
risk of materially contributing to, the proliferation
of arms or related materiel or items intended for
military end-uses or military end-users, including any
efforts to manufacture, acquire, possess, develop,
transport, transfer, or use such items, by the
Government of Iran (including persons owned or
controlled by, or acting for or on behalf of the
Government of Iran) or paramilitary organizations
financially or militarily supported by the Government
of Iran;
To have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
person whose property and interests in property are
blocked pursuant to the order; 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 the order.
Under section 212(f) of the Immigration and Nationality Act
of 1952 (8 U.S.C. 1182(f)), the order also suspends the
immigrant and nonimmigrant entry into the United States of
aliens determined to meet one or more of the criteria above for
the blocking of property and interests in property.
I am enclosing a copy of the order I have issued.
Donald J. Trump.
The White House, September 21, 2020.
Executive Order
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Blocking Property of Certain Persons With Respect to the Conventional
Arms Activities of Iran
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44), 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.), 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, DONALD J. TRUMP, President of the United States of
America, find that:
It remains the policy of the United States to counter
Iran's malign influence in the Middle East, including transfers
from Iran of destabilizing conventional weapons and acquisition
of arms and related materiel by Iran. Transfers to and from
Iran of arms or related materiel or military equipment
represent a continuing threat to regional and international
security--as evidenced by Iran's continued military support
that fuels ongoing conflict in Syria, Lebanon, Iraq, and Yemen.
Iran benefits from engaging in the conventional arms trade by
strengthening its relationships with other outlier regimes,
lessening its international isolation, and deriving revenue
that it uses to support terror groups and fund malign
activities. In light of these findings and in order to take
additional steps with respect to the national emergency
declared in Executive Order 12957 of March 15, 1995
(Prohibiting Certain Transactions with Respect to the
Development of Iranian Petroleum Resources), I hereby order:
Section. 1. (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 of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) any person determined by the Secretary of State,
in consultation with the Secretary of the Treasury, to
engage in any activity that materially contributes to
the supply, sale, or transfer, directly or indirectly,
to or from Iran, or for the use in or benefit of Iran,
of arms or related materiel, including spare parts;
(ii) any person determined by the Secretary of State,
in consultation with the Secretary of the Treasury, to
provide to Iran any technical training, financial
resources or services, advice, other services, or
assistance related to the supply, sale, transfer,
manufacture, maintenance, or use of arms and related
materiel described in subsection (a)(i) of this
section;
(iii) any person determined by the Secretary of
State, in consultation with the Secretary of the
Treasury, to have engaged, or attempted to engage, in
any activity that materially contributes to, or poses a
risk of materially contributing to, the proliferation
of arms or related materiel or items intended for
military end-uses or military end-users, including any
efforts to manufacture, acquire, possess, develop,
transport, transfer, or use such items, by the
Government of Iran (including persons owned or
controlled by, or acting for or on behalf of the
Government of Iran) or paramilitary organizations
financially or militarily supported by the Government
of Iran;
(iv) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
to have materially assisted, sponsored, or provided
financial, material, or technological support for, or
goods or services to or in support of, any person whose
property and interests in property are blocked pursuant
to this order; or
(v) any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
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 order.
(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 before the date
of this order.
(c) The prohibitions in subsection (a) of this section do
not apply to property and interests in property of the
Government of Iran that were blocked pursuant to Executive
Order 12170 of November 14, 1979 (Blocking Iranian Government
Property), and thereafter made subject to the transfer
directives set forth in Executive Order 12281 of January 19,
1981 (Direction to Transfer Certain Iranian Government Assets),
and implementing regulations thereunder.
Sec. 2. The prohibitions in section 1 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. 3. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens determined to meet one or more
of the criteria in section 1(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, except where the Secretary
of State determines that the person's entry would not be
contrary to the interests of the United States, including when
the Secretary so determines, based on a recommendation of the
Attorney General, that the person's entry would further
important United States law enforcement objectives. In
exercising this responsibility, the Secretary of State shall
consult the Secretary of Homeland Security on matters related
to admissibility or inadmissibility within the authority of the
Secretary of Homeland Security. Such persons shall be treated
in the same manner 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). The
Secretary of State shall have the responsibility for
implementing this section pursuant to such conditions and
procedures as the Secretary of State has established or may
establish pursuant to Proclamation 8693.
Sec. 4. (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. 5. I hereby determine that the making of donations of
the types of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) 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 section 1 of this
order.
Sec. 6. For the purposes of this order:
(a) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(b) the term ``Government of Iran'' includes the Government
of Iran; any political subdivision, agency, or instrumentality
thereof, including the Central Bank of Iran; and any person
owned or controlled by, or acting for or on behalf of, the
Government of Iran;
(c) the term ``Iran'' means the Government of Iran and the
territory of Iran;
(d) the term ``person'' means an individual or entity; and
(e) 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. 7. 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 section 1 of this
order.
Sec. 8. 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. The
Secretary of the Treasury may, consistent with applicable law,
redelegate any of these functions within the Department of the
Treasury. All departments and agencies of the United States
shall take all appropriate measures within their authority to
carry out the provisions of this order.
Sec. 9. This order 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.
Sec. 10. Nothing in this order shall prohibit transactions
for the conduct of the official business of the United States
Government or the United Nations (including its specialized
agencies, programs, funds, and related organizations) by
employees, grantees, or contractors thereof.
Sec. 11. 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. 12. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) 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.
Donald J. Trump.
The White House, September 21, 2020.
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