[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Presidential Documents]
[Pages 2003-2006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00534]


 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 85 , No. 9 / Tuesday, January 14, 2020 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 2003]]

                Executive Order 13902 of January 10, 2020

                
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

[[Page 2004]]

                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.

[[Page 2005]]

                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.

[[Page 2006]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 10, 2020.

[FR Doc. 2020-00534
Filed 1-13-20; 8:45 am]
Billing code 3295-F0-P