[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Presidential Documents]
[Pages 20761-20764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09877]



[[Page 20759]]

Vol. 84

Friday,

No. 91

May 10, 2019

Part IV





The President





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Executive Order 13871--Imposing Sanctions With Respect to the Iron, 
Steel, Aluminum, and Copper Sectors of Iran
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                         Presidential Documents 
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  Federal Register / Vol. 84 , No. 91 / Friday, May 10, 2019 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 20761]]

                Executive Order 13871 of May 8, 2019

                
Imposing Sanctions With Respect to the Iron, 
                Steel, Aluminum, and Copper 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.), 
                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 deny Iran 
                all paths to both a nuclear weapon and intercontinental 
                ballistic missiles, and to counter the totality of 
                Iran's malign influence in the Middle East. It is also 
                the policy of the United States to deny the Iranian 
                government revenue, including revenue derived from the 
                export of products from Iran's iron, steel, aluminum, 
                and copper sectors, that may be used to provide funding 
                and support for the proliferation of weapons of mass 
                destruction, terrorist groups and networks, campaigns 
                of regional aggression, and military expansion.

                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, and to 
                supplement the authorities provided in the Iran Freedom 
                and Counter-Proliferation Act of 2012 (subtitle D of 
                title XII of Public Law 112-239), 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 be operating in the iron, steel, aluminum, or copper sector of Iran, 
or to be a person that owns, controls, or operates an entity that is part 
of the iron, steel, aluminum, or copper sector of Iran;

(ii) to have knowingly engaged, on or after the date of this order, in a 
significant transaction for the sale, supply, or transfer to Iran of 
significant goods or services used in connection with the iron, steel, 
aluminum, or copper sectors of Iran;

(iii) to have knowingly engaged, on or after the date of this order, in a 
significant transaction for the purchase, acquisition, sale, transport, or 
marketing of iron, iron products, aluminum, aluminum products, steel, steel 
products, copper, or copper products from Iran;

(iv) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services in support of 
any person whose property and interests in property are blocked pursuant to 
this section; or

(v) 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 section.

                    (b) The prohibitions in this section apply except 
                to the extent provided by statutes, or in regulations, 
                orders, directives, or licenses that may be

[[Page 20762]]

                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 Iran of significant goods or 
services used in connection with the iron, steel, aluminum, or copper 
sectors of Iran;

(ii) for the purchase, acquisition, sale, transport, or marketing of iron, 
iron products, aluminum, aluminum products, steel, steel products, copper, 
or copper products from Iran; or

(iii) for or on behalf of any person whose property and interests in 
property are blocked pursuant to this order.

                    (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 subsection (a)(i) through 
                (a)(iii) of this section, the Secretary of the Treasury 
                may prohibit the opening, and prohibit or impose strict 
                conditions on maintaining, in the United States of a 
                correspondent account or 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. 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 this 
                section.

                Sec. 4. 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 subsection (a) of that section; and
                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 5. The unrestricted immigrant and nonimmigrant 
                entry into the United States of aliens determined to 
                meet one or more of the criteria in subsection 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 
                therefore 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. 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. Nothing in this order shall apply to 
                transactions for the conduct of the official business 
                of the Federal Government or the United Nations 
                (including its specialized agencies, programmes, funds, 
                and related organizations) by employees, grantees, or 
                contractors thereof.

                Sec. 8. For the purposes of this order:

[[Page 20763]]

                    (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. 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;
                    (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. 9. 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. 10. 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 the 
                President by IEEPA as may be necessary to implement 
                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 shall take all appropriate measures within 
                their authority to implement this order.

                Sec. 11. (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.

[[Page 20764]]

                    (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. 12. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 8, 2019.

[FR Doc. 2019-09877
Filed 5-9-19; 11:15 am]
Billing code 3295-F9-P