[House Document 112-100]
[From the U.S. Government Publishing Office]
112th Congress, 2d Session - - - - - - - - - - - House Document 112-100
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO IRAN AND SYRIA
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
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 AND THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA,
ORIGINALLY BY EXECUTIVE ORDER 13338 OF MAY 11, 2004
April 23, 2012.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, April 22, 2012.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: 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
emergencies declared in Executive Order 12957 of March 15,
1995, and relied on for additional steps in subsequent
Executive Orders, and in Executive Order 13338 of May 11, 2004,
as modified in scope and relied on for additional steps in
subsequent Executive Orders.
I have determined that the commission of serious human
rights abuses against the people of Iran and Syria by their
governments, facilitated by computer and network disruption,
monitoring, and tracking by those governments, and abetted by
entities in Iran and Syria that are complicit in those
governments' malign use of technology for those purposes,
threaten the national security and foreign policy of the United
States. Consistent with the vital importance of providing
technology that enables the Iranian and Syrian people to freely
communicate with each other and the outside world, as well as
the preservation, to the extent possible, of global
telecommunications supply chains for essential products and
services to enable the free flow of information, the measures
in the order are designed primarily to address the need to
prevent entities located in whole or in part in Iran and Syria
from facilitating or committing serious human rights abuses. To
address this situation, the order takes additional steps with
respect to the national emergencies described above.
The order blocks the property and interests in property,
and suspends entry into the United States, of persons listed in
the Annex to the order, as well as persons determined by the
Secretary of the Treasury, in consultation with or at the
recommendation of the Secretary of State:
to have operated, or to have directed the
operation of, information and communications technology that
facilitates computer or network disruption, monitoring, or
tracking that could assist in or enable grave rights abuses by
or on behalf of the Government of Iran or the Government of
Syria;
to have sold, leased, or otherwise provided,
directly or indirectly, goods, services, or technology to Iran
or Syria likely to be used to facilitate computer or network
disruption, monitoring, or tracking that could assist in or
enable grave human rights abuses by or on behalf of the
Government of Iran or the Government of Syria;
to have materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services to or in support of, the activities described
above or any person whose property and interests in property
are blocked pursuant to the order; or
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.
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 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 am enclosing a copy of the Executive Order I have issued.
Sincerely,
Barack Obama.
Executive Order
----------
Blocking the Property and Suspending Entry Into the United States of
Certain Persons With Respect to Grave Human Rights Abuses by the
Governments of Iran and Syria Via Information Technology
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, as amended (8 U.S.C. 1182(f)), and
section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America,
hereby determine that the commission of serious human rights
abuses against the people of Iran and Syria by their
governments, facilitated by computer and network disruption,
monitoring, and tracking by those governments, and abetted by
entities in Iran and Syria that are complicit in their
governments' malign use of technology for those purposes,
threaten the national security and foreign policy of the United
States. The Governments of Iran and Syria are endeavoring to
rapidly upgrade their technological ability to conduct such
activities. Cognizant of the vital importance of providing
technology that enables the Iranian and Syrian people to freely
communicate with each other and the outside world, as well as
the preservation, to the extent possible, of global
telecommunications supply chains for essential products and
services to enable the free flow of information, the measures
in this order are designed primarily to address the need to
prevent entities located in whole or in part in Iran and Syria
from facilitating or committing serious human rights abuses. In
order to take additional steps with respect to the national
emergencies declared in Executive Order 12957 of March 15,
1995, as relied upon for additional steps in subsequent
Executive Orders, and in Executive Order 13338 of May 11, 2004,
as modified in scope and relied upon for additional steps in
subsequent Executive Orders, and to address the situation
described above, 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, including any foreign
branch, of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
and
(ii) any person determined by the Secretary of the
Treasury, in consultation with or at the recommendation
of the Secretary of State:
(A) to have operated, or to have directed the
operation of, information and communications
technology that facilitates computer or network
disruption, monitoring, or tracking that could
assist in or enable serious human rights abuses
by or on behalf of the Government of Iran or
the Government of Syria;
(B) to have sold, leased, or otherwise
provided, directly or indirectly, goods,
services, or technology to Iran or Syria likely
to be used to facilitate computer or network
disruption, monitoring, or tracking that could
assist in or enable serious human rights abuses
by or on behalf of the Government of Iran or
the Government of Syria;
(C) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
to or in support of, the activities described
in subsections (a)(ii)(A) and (B) of this
section or any person whose property and
interests in property are blocked pursuant to
this order; or
(D) 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 prior to the
effective date of 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 this order would seriously impair my ability to deal with
the two national emergencies identified in the preamble to this
order, 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. I hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of aliens who meet
one or more of the criteria in section 1 of this order would be
detrimental to the interests of the United States, and I hereby
suspend the entry into the United States, as immigrants or
nonimmigrants, of such persons. 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. 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
United States 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 ``information and communications technology''
means any hardware, software, or other product or service
primarily intended to fulfill or enable the function of
information processing and communication by electronic means,
including transmission and display, including via the Internet;
(c) the term ``entity'' means a partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(d) 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;
(e) 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; and
(f) the term ``Government of Syria'' means the Government
of the Syrian Arab Republic, its agencies, instrumentalities,
and controlled entities.
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 two national emergencies
identified in the preamble to this order, 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. The
Secretary of the Treasury may redelegate any of these functions
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 determine
that circumstances no longer warrant the blocking of the
property and interests in property of a person listed in the
Annex to this order and to take necessary action to give effect
to that determination.
Sec. 11. 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 with
respect to Iran 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. 13. This order is effective at 12:01 a.m. eastern
daylight time on April 23, 2012.
Barack Obama.
The White House, April 22, 2012.
ANNEX
Individual
1. Ali MAMLUK [director of the Syrian General Intelligence
Directorate, born 1947]
Entities
1. Syrian General Intelligence Directorate
2. Syriatel
3. Islamic Revolutionary Guard Corps
4. Iranian Ministry of Intelligence and Security
5. Law Enforcement Forces of the Islamic Republic of Iran
6. Datak Telecom