[House Document 112-85]
[From the U.S. Government Publishing Office]
112th Congress, 2d Session - - - - - - - - - - - - - House Document 112-85
EXECUTIVE ORDER WITH RESPECT TO THE ACTIONS AND POLICIES OF THE
GOVERNMENT OF IRAN
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH
RESPECT TO THE NATIONAL EMERGENCY DECLARED IN EXECUTIVE ORDER 12957 OF
MARCH 15, 1995
February 6, 2012.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
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'') that takes additional
steps with respect to the national emergency declared in
Executive Order 12957 of March 15, 1995.
In Executive Order 12957, the President found that the
actions and policies of the Government of Iran threaten the
national security, foreign policy, and economy of the United
States. To deal with that threat, the President in Executive
Order 12957 declared a national emergency and imposed
prohibitions on certain transactions with respect to the
development of Iranian petroleum resources. To further respond
to that threat, Executive Order 12959 of May 6, 1995, imposed
comprehensive trade and financial sanctions on Iran. Executive
Order 13059 of August 19, 1997, consolidated and clarified the
previous orders. To take additional steps with respect to the
national emergency declared in Executive Order 12957 and to
implement section 105(a) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (Public Law 111-195)
(22 U.S.C. 8501 et seq.) (CISADA), I issued Executive Order
13553 on September 28, 2010, to impose sanctions on officials
of the Government of Iran and other persons acting on behalf of
the Government of Iran determined to be responsible for or
complicit in certain serious human rights abuses. To take
further additional steps with respect to the threat posed by
Iran and to provide implementing authority for a number of the
sanctions set forth in the Iran Sanctions Act of 1996 (Public
Law 104-172) (50 U.S.C. 1701 note) (ISA), as amended by CISADA,
I issued Executive Order 13574 on May 23, 2011, to authorize
the Secretary of the Treasury to implement certain sanctions
imposed by the Secretary of State pursuant to ISA, as amended
by CISADA. Finally, to take additional steps with respect to
the threat posed by Iran, I issued Executive Order 13590 on
November 20, 2011, to authorize the Secretary of State to
impose sanctions on persons providing certain goods, services,
technology, information, or support that contribute either to
Iran's development of petroleum resources or to Iran's
production of petrochemicals, and to authorize the Secretary of
the Treasury to implement some of those sanctions.
I have determined that additional sanctions are warranted,
particularly in light of the deceptive practices of the Central
Bank of Iran and other Iranian banks to conceal transactions of
sanctioned parties, the deficiencies in Iran's anti-money
laundering regime and the weaknesses in its implementation, and
the continuing and unacceptable risk posed to the international
financial system by Iran's activities.
The order also implements section 1245(c) of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81) (NDAA) by blocking the property and interests in property
of Iranian financial institutions pursuant to IEEPA.
The order blocks the property and interests in property of
the following:
The Government of Iran, including the
Central Bank of Iran;
Any Iranian financial institution, including
the Central Bank of Iran; and
Persons 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 the order.
The prohibitions of the order 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,
and thereafter made subject to the transfer directives set
forth in Executive Order 12281 of January 19, 1981, and
implementing regulations thereunder. In addition, nothing in
the order prohibits transactions for the conduct of the
official business of the Federal Government by employees,
grantees, or contractors thereof.
I have delegated to the Secretary of the Treasury the
authority, in consultation with the Secretary of State, 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 blocking-related
purposes of the order. All agencies of the United States
Government are directed to take all appropriate measures within
their authority to carry out the provisions of the order.
I have also delegated certain functions and authorities
conferred by section 1245 of the NDAA to the Secretary of the
Treasury and the Secretary of State in consultation with other
appropriate agencies as specified in the order.
I am enclosing a copy of the Executive Order I have issued.
Barack Obama.
The White House, February 5, 2012.
Executive Order
----------
Blocking Property of the Government of Iran and Iranian Financial
Institutions
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 1245 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81)
(NDAA), and section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America,
in order to take additional steps with respect to the national
emergency declared in Executive Order 12957 of March 15, 1995,
particularly in light of the deceptive practices of the Central
Bank of Iran and other Iranian banks to conceal transactions of
sanctioned parties, the deficiencies in Iran's anti-money
laundering regime and the weaknesses in its implementation, and
the continuing and unacceptable risk posed to the international
financial system by Iran's activities, hereby order:
Section 1. (a) All property and interests in property of
the Government of Iran, including the Central Bank of Iran,
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, including
any foreign branch, are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in.
(b) All property and interests in property of any Iranian
financial institution, including the Central Bank of Iran, 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, including any foreign
branch, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in.
(c) 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, including any foreign branch, 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, 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.
Sec. 2. I hereby determine that the making of donations of
the type 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 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. 3. The prohibitions in section 1 of this order include
but are not limited to: (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. 4. (a) The prohibitions in section 1 of this order
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 prior to the
effective date of this order.
(b) The prohibitions in section 1 of this order 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, and thereafter made subject to the transfer
directives set forth in Executive Order 12281 of January 19,
1981, and implementing regulations thereunder.
Sec. 5. (a) Any transaction by a United States person or
within the United States 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. 6. Nothing in section 1 of this order shall prohibit
transactions for the conduct of the official business of the
Federal Government by employees, grantees, or contractors
thereof.
Sec. 7. 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, group, subgroup, 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 or any jurisdiction within
the United States (including foreign branches), or any person
in the United States;
(d) the term ``Government of Iran'' means 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;
(e) 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; and
(f) the term ``Iranian financial institution'' means a
financial institution organized under the laws of Iran or any
jurisdiction within Iran (including foreign branches), any
financial institution in Iran, any financial institution,
wherever located, owned or controlled by the Government of
Iran, and any financial institution, wherever located, owned or
controlled by any of the foregoing.
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 section 1 of 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, other
than the purposes described in section 11. The Secretary of the
Treasury may redelegate any of these functions and authorities
to other officers and agencies of the United States Government
consistent with applicable law. 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. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to exercise
the functions and authorities conferred upon the President by
section 1245(d)(1)(A) of the NDAA and to redelegate these
functions and authorities consistent with applicable law. The
Secretary of the Treasury, in consultation with the Secretary
of State, is hereby further authorized to exercise the
functions and authorities conferred upon the President by
section 1245(g)(1) of the NDAA to the extent necessary to
exercise the other functions and authorities delegated in this
section and may redelegate these functions and authorities
consistent with applicable law.
Sec. 11. The Secretary of State, in consultation with the
Secretary of the Treasury, the Secretary of Energy, and the
Director of National Intelligence, is hereby authorized to
exercise the functions and authorities conferred upon the
President by section 1245(d)(4)(D) of the NDAA and to
redelegate these functions and authorities consistent with
applicable law. The Secretary of State, in consultation with
the Secretary of the Treasury, is hereby further authorized to
exercise the functions and authorities conferred upon the
President by sections 1245(e)(1) and 1245(e)(2) of the NDAA and
to redelegate these functions and authorities consistent with
applicable law. The Secretary of State, in consultation with
the Secretary of the Treasury, is hereby further authorized to
exercise the functions and authorities conferred upon the
President by section 1245(g)(1) of the NDAA to the extent
necessary to exercise the other functions and authorities
delegated in this section and may redelegate these functions
and authorities consistent with applicable law.
Sec. 12. 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. 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.
Sec. 14. This order is effective at 12:01 a.m. eastern
standard time on February 6, 2012.
Barack Obama.
The White House, February 5, 2012.