[House Document 116-94]
[From the U.S. Government Publishing Office]




116th Congress, 2d Session - - - - - - - - - - House Document 116-94
 
    ADDITIONAL STEPS TO THE NATIONAL EMERGENCY WITH RESPECT TO IRAN

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

  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)

 
 
 
 
 
 
 
 
              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

   
   
   
   
   
   
   
   
  January 10, 2020.--Message and accompanying papers referred to the 
Committees on Foreign Affairs and Financial Services, and ordered to be 
                                printed
                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-011                     WASHINGTON : 2020 
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
                                
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'') with respect to Iran 
that takes additional steps with respect to the national 
emergency declared in Executive Order 12957 of March 15, 1995.
    The order takes steps to deny Iran revenue, including 
revenue derived from the export of products from key sectors of 
Iran's economy, that may be used to fund and support its 
nuclear program, missile development, terrorism and terrorist 
proxy networks, and malign regional influence.
    The order blocks the property and interests in property of 
persons determined by the Secretary of the Treasury, in 
consultation with the Secretary of State:
           to operate in the construction, mining, 
        manufacturing, or textiles sectors of the Iranian 
        economy, or any other sector of the Iranian economy as 
        may be determined by the Secretary of the Treasury, in 
        consultation with the Secretary of State;
           to have knowingly engaged, on or after the 
        date of the order, in a significant transaction for the 
        sale, supply, or transfer to or from Iran of 
        significant goods or services used in connection with a 
        sector of the Iranian economy specified in, or 
        determined by the Secretary of the Treasury, in 
        consultation with the Secretary of State, pursuant to, 
        section 1(a)(i) of the order;
           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.
    The order also authorizes the Secretary of the Treasury, in 
consultation with the Secretary of State, to impose 
correspondent account and payable-through account-related 
sanctions on a foreign financial institution upon determining 
the foreign financial institution has, on or after the date of 
the order, knowingly conducted or facilitated a significant 
financial transaction:
           for the sale, supply, or transfer to or from 
        Iran of significant goods or services used in 
        connection with a sector of the Iranian economy 
        specified in, or determined by the Secretary of the 
        Treasury, in consultation with the Secretary of State, 
        pursuant to, section 1(a)(i) of the order; or
           for or on behalf of any person whose 
        property and interests in property are blocked pursuant 
        to section 1 of the order.
    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 the President by IEEPA as may be 
necessary to implement the order.
    I am enclosing a copy of the order I have issued.

                                                   Donald J. Trump.
    The White House, January 10, 2020.

                            Executive Order

                              ----------                              


     Imposing Sanctions With Respect to Additional Sectors of 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), 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 Iran continues to be the world's leading 
sponsor of terrorism and that Iran has threatened United States 
military assets and civilians through the use of military force 
and support to Iranian-backed militia groups. It remains the 
policy of the United States to deny Iran all paths to a nuclear 
weapon and intercontinental ballistic missiles, and to counter 
the totality of Iran's malign influence in the region. In 
furtherance of these objectives, it is the policy of the United 
States to deny the Iranian government revenues, including 
revenues derived from the export of products from key sectors 
of Iran's economy, that may be used to fund and support its 
nuclear program, missile development, terrorism and terrorist 
proxy networks, and malign regional influence.
    In light of these findings and in order to take further 
steps with respect to the national emergency declared in 
Executive Order 12957 of March 15, 1995, 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: any person determined by the 
Secretary of the Treasury, in consultation with the Secretary 
of State:
    (i) to operate in the construction, mining, manufacturing, 
or textiles sectors of the Iranian economy, or any other sector 
of the Iranian economy as may be determined by the Secretary of 
the Treasury, in consultation with the Secretary of State;
    (ii) to have knowingly engaged, on or after the date of 
this order, in a significant transaction for the sale, supply, 
or transfer to or from Iran of significant goods or services 
used in connection with a sector of the Iranian economy 
specified in, or determined by the Secretary of the Treasury, 
in consultation with the Secretary of State, pursuant to, 
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, any person whose property and 
interests in property are blocked pursuant to this order; 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 order.
    (b) The prohibitions in 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.
    Sec. 2. (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 date of this 
order, knowingly conducted or facilitated any significant 
financial transaction:
    (i) for the sale, supply, or transfer to or from Iran of 
significant goods or services used in connection with a sector 
of the Iranian economy specified in, or determined by the 
Secretary of the Treasury, in consultation with the Secretary 
of State, pursuant to, section 1(a)(i) of this order; or (ii) 
for or on behalf of any person whose property and interests in 
property are blocked pursuant to section 1 of this order.
    (b) With respect to any foreign financial institution 
determined by the Secretary of the Treasury, in consultation 
with the Secretary of State, in accordance with this section to 
meet the criteria set forth in subsection (a) 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) 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 before the date 
of this order.
    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 has established or may establish 
pursuant to Proclamation 8693.
    Sec. 4. 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 section 1 of this order would seriously impair the 
President's 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. 5. 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. 6. (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. 7. 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 ``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. The term 
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;
    (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 ``knowingly,'' with respect to conduct, a 
circumstance, or a result, means that a person has actual 
knowledge, or should have known, of the conduct, the 
circumstance, or the result;
    (f) the term ``person'' means an individual or entity; and
    (g) 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. 8. 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 this order.
    Sec. 9. 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 
implement this order.
    Sec. 10. (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.
    Sec. 11. 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. 12. Nothing in this order shall prohibit transactions 
for the conduct of the official business of the United Nations 
(including its specialized agencies, programmes, funds, and 
related organizations) by employees, grantees, or contractors 
thereof.
    Sec. 13. 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.

                                                   Donald J. Trump.
    The White House, January 10, 2020.

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