[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Presidential Documents]
[Pages 44531-44533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22482]


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  Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / 
Presidential Documents  

[[Page 44531]]


                Executive Order 13059 of August 19, 1997

                
Prohibiting Certain Transactions 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.), 
                section 505 of the International Security and 
                Development Cooperation Act of 1985 (22 U.S.C. 2349aa-
                9) (``ISDCA''), and section 301 of title 3, United 
                States Code,

                I, WILLIAM J. CLINTON, President of the United States 
                of America, in order to clarify the steps taken in 
                Executive Orders 12957 of March 15, 1995, and 12959 of 
                May 6, 1995, to deal with the unusual and extraordinary 
                threat to the national security, foreign policy, and 
                economy of the United States declared in Executive 
                Order 12957 in response to the actions and policies of 
                the Government of Iran, hereby order:

                Section 1. Except to the extent provided in section 3 
                of this order or in regulations, orders, directives, or 
                licenses 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 importation into the United States 
                of any goods or services of Iranian origin or owned or 
                controlled by the Government of Iran, other than 
                information or informational materials within the 
                meaning of section 203(b)(3) of IEEPA (50 U.S.C. 
                1702(b)(3)), is hereby prohibited.

                Sec. 2. Except to the extent provided in section 3 of 
                this order, in section 203(b) of IEEPA (50 U.S.C. 
                1702(b)), or in regulations, orders, directives, or 
                licenses 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 prohibited:

                    (a) the exportation, reexportation, sale, or 
                supply, directly or indirectly, from the United States, 
                or by a United States person, wherever located, of any 
                goods, technology, or services to Iran or the 
                Government of Iran, including the exportation, 
                reexportation, sale, or supply of any goods, 
                technology, or services to a person in a third country 
                undertaken with knowledge or reason to know that:
                    (i) such goods, technology, or services are 
                intended specifically for supply, transshipment, or 
                reexportation, directly or indirectly, to Iran or the 
                Government of Iran; or
                    (ii) such goods, technology, or services are 
                intended specifically for use in the production of, for 
                commingling with, or for incorporation into goods, 
                technology, or services to be directly or indirectly 
                supplied, transshipped, or reexported exclusively or 
                predominantly to Iran or the Government of Iran;
                    (b) the reexportation from a third country, 
                directly or indirectly, by a person other than a United 
                States person of any goods, technology, or services 
                that have been exported from the United States, if:
                    (i) undertaken with knowledge or reason to know 
                that the reexportation is intended specifically for 
                Iran or the Government of Iran, and
                    (ii) the exportation of such goods, technology, or 
                services to Iran from the United States was subject to 
                export license application requirements under any 
                United States regulations in effect on May 6, 1995, or 
                thereafter

[[Page 44532]]

                is made subject to such requirements imposed 
                independently of the actions taken pursuant to the 
                national emergency declared in Executive Order 12957; 
                provided, however, that this prohibition shall not 
                apply to those goods or that technology subject to 
                export license application requirements if such goods 
                or technology have been:
                    (A) substantially transformed into a foreign-made 
                product outside the United States; or
                    (B) incorporated into a foreign-made product 
                outside the United States if the aggregate value of 
                such controlled United States goods and technology 
                constitutes less than 10 percent of the total value of 
                the foreign-made product to be exported from a third 
                country;
                    (c) any new investment by a United States person in 
                Iran or in property, including entities, owned or 
                controlled by the Government of Iran;
                    (d) any transaction or dealing by a United States 
                person, wherever located, including purchasing, 
                selling, transporting, swapping, brokering, approving, 
                financing, facilitating, or guaranteeing, in or related 
                to:
                    (i) goods or services of Iranian origin or owned or 
                controlled by the Government of Iran; or
                    (ii) goods, technology, or services for 
                exportation, reexportation, sale, or supply, directly 
                or indirectly, to Iran or the Government of Iran;
                    (e) any approval, financing, facilitation, or 
                guarantee by a United States person, wherever located, 
                of a transaction by a foreign person where the 
                transaction by that foreign person would be prohibited 
                by this order if performed by a United States person or 
                within the United States; and
                    (f) any transaction by a United States person or 
                within the United States that evades or avoids, or has 
                the purpose of evading or avoiding, or attempts to 
                violate, any of the prohibitions set forth in this 
                order.

                Sec. 3. Specific licenses issued pursuant to Executive 
                Orders 12613 (of October 29, 1987), 12957, or 12959 
                continue in effect in accordance with their terms 
                except to the extent revoked, amended, or modified by 
                the Secretary of the Treasury. General licenses, 
                regulations, orders, and directives issued pursuant to 
                those orders continue in effect in accordance with 
                their terms except to the extent inconsistent with this 
                order or to the extent revoked, amended, or modified by 
                the Secretary of the Treasury.

                Sec. 4. For the purposes of this order:

                    (a) the term ``person'' means an individual or 
                entity;
                    (b) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, or 
                other organization;
                    (c) the term ``United States person'' means any 
                United States citizen, permanent resident alien, entity 
                organized under the laws of the United States 
                (including foreign branches), or any person in the 
                United States;
                    (d) the term ``Iran'' means 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 ``Government of Iran'' includes the 
                Government of Iran, any political subdivision, agency, 
                or instrumentality thereof, and any person owned or 
                controlled by, or acting for or on behalf of, the 
                Government of Iran;
                    (f) the term ``new investment'' means:
                    (i) a commitment or contribution of funds or other 
                assets; or
                    (ii) a loan or other extension of credit, made 
                after the effective date of Executive Order 12957 as to 
                transactions prohibited by that order, or otherwise 
                made after the effective date of Executive Order 12959.

[[Page 44533]]

                Sec. 5. The Secretary of the Treasury, in consultation 
                with the Secretary of State and, as appropriate, other 
                agencies, is hereby authorized to take such actions, 
                including the promulgation of rules and regulations, 
                the requirement of reports, including reports by United 
                States persons on oil and related transactions engaged 
                in by their foreign affiliates with Iran or the 
                Government of Iran, and to employ all powers granted to 
                me by IEEPA and the ISDCA as may be necessary to carry 
                out the purposes of this order. The Secretary of the 
                Treasury may redelegate any of these functions to other 
                officers and agencies of the United States Government. 
                All agencies of the United States Government are hereby 
                directed to take all appropriate measures within their 
                authority to carry out the provisions of this order.

                Sec. 6. (a) The Secretary of the Treasury may authorize 
                the exportation or reexportation to Iran or the 
                Government of Iran of any goods, technology, or 
                services also subject to export license application 
                requirements of another agency of the United States 
                Government only if authorization by that agency of the 
                exportation or reexportation to Iran would be permitted 
                by law.

                    (b) Nothing contained in this order shall be 
                construed to supersede the requirements established 
                under any other provision of law or to relieve a person 
                from any requirement to obtain a license or other 
                authorization from another department or agency of the 
                United States Government in compliance with applicable 
                laws and regulations subject to the jurisdiction of 
                that department or agency.

                Sec. 7. The provisions of this order consolidate the 
                provisions of Executive Orders 12613, 12957, and 12959. 
                Executive Order 12613 and subsections (a), (b), (c), 
                (d), and (f) of section 1 of Executive Order 12959 are 
                hereby revoked with respect to transactions occurring 
                after the effective date of this order. The revocation 
                of those provisions shall not alter their applicability 
                to any transaction or violation occurring before the 
                effective date of this order, nor shall it affect the 
                applicability of any rule, regulation, order, license, 
                or other form of administrative action previously taken 
                pursuant to Executive Orders 12613 or 12959.

                Sec. 8. Nothing contained in this order shall create 
                any right or benefit, substantive or procedural, 
                enforceable by any party against the United States, its 
                agencies or instrumentalities, its officers or 
                employees, or any other person.

                Sec. 9. 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. 10. (a) This order is effective at 12:01 a.m. 
                eastern daylight time on August 20, 1997.

                    (b) This order shall be transmitted to the Congress 
                and published in the Federal Register.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                     August 19, 1997.

[FR Doc. 97-22482
Filed 8-20-97; 11:16 am]
Billing code 3195-01-P