[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Presidential Documents]
[Pages 60043-60046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21160]


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  Federal Register / Vol. 85 , No. 185 / Wednesday, September 23, 2020 
/ Presidential Documents  

[[Page 60043]]


                Executive Order 13949 of September 21, 2020

                
Blocking Property of Certain Persons With Respect 
                to the Conventional Arms Activities of Iran

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Countering America's Adversaries 
                Through Sanctions Act (Public Law 115-44), 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 counter 
                Iran's malign influence in the Middle East, including 
                transfers from Iran of destabilizing conventional 
                weapons and acquisition of arms and related materiel by 
                Iran. Transfers to and from Iran of arms or related 
                materiel or military equipment represent a continuing 
                threat to regional and international security--as 
                evidenced by Iran's continued military support that 
                fuels ongoing conflict in Syria, Lebanon, Iraq, and 
                Yemen. Iran benefits from engaging in the conventional 
                arms trade by strengthening its relationships with 
                other outlier regimes, lessening its international 
                isolation, and deriving revenue that it uses to support 
                terror groups and fund malign activities. In light of 
                these findings and in order to take additional steps 
                with respect to the national emergency declared in 
                Executive Order 12957 of March 15, 1995 (Prohibiting 
                Certain Transactions with Respect to the Development of 
                Iranian Petroleum Resources), 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:

(i) any person determined by the Secretary of State, in consultation with 
the Secretary of the Treasury, to engage in any activity that materially 
contributes to the supply, sale, or transfer, directly or indirectly, to or 
from Iran, or for the use in or benefit of Iran, of arms or related 
materiel, including spare parts;

(ii) any person determined by the Secretary of State, in consultation with 
the Secretary of the Treasury, to provide to Iran any technical training, 
financial resources or services, advice, other services, or assistance 
related to the supply, sale, transfer, manufacture, maintenance, or use of 
arms and related materiel described in subsection (a)(i) of this section;

(iii) any person determined by the Secretary of State, in consultation with 
the Secretary of the Treasury, to have engaged, or attempted to engage, in 
any activity that materially contributes to, or poses a risk of materially 
contributing to, the proliferation of arms or related materiel or items 
intended for military end-uses or military end-users, including any efforts 
to manufacture, acquire, possess, develop, transport, transfer, or use such 
items, by the Government of Iran (including persons owned or controlled by, 
or acting for or on behalf of the Government of Iran) or paramilitary 
organizations financially or militarily supported by the Government of 
Iran;

[[Page 60044]]

(iv) any person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State, 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

(v) any person determined by the Secretary of the Treasury, in consultation 
with the Secretary of State, 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 subsection (a) 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.
                    (c) The prohibitions in subsection (a) of this 
                section do not apply to property and interests in 
                property of the Government of Iran that were blocked 
                pursuant to Executive Order 12170 of November 14, 1979 
                (Blocking Iranian Government Property), and thereafter 
                made subject to the transfer directives set forth in 
                Executive Order 12281 of January 19, 1981 (Direction to 
                Transfer Certain Iranian Government Assets), and 
                implementing regulations thereunder.

                Sec. 2. 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. 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 of State has established or may 
                establish pursuant to Proclamation 8693.

                Sec. 4. (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. 5. 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 section 1 
                of this order.

                Sec. 6. For the purposes of this order:

[[Page 60045]]

                    (a) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) 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;
                    (c) the term ``Iran'' means the Government of Iran 
                and the territory of Iran;
                    (d) the term ``person'' means an individual or 
                entity; and
                    (e) 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. 7. 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. 8. 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 carry out the provisions of 
                this order.

                Sec. 9. 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. 10. Nothing in this order shall prohibit 
                transactions for the conduct of the official business 
                of the United States Government or the United Nations 
                (including its specialized agencies, programs, funds, 
                and related organizations) by employees, grantees, or 
                contractors thereof.

                Sec. 11. 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. 12. (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.

[[Page 60046]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 21, 2020.

[FR Doc. 2020-21160
Filed 9-22-20; 11:15 am]
Billing code 3295-F0-P