[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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