[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Presidential Documents]
[Pages 6659-6662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3097]
[[Page 6657]]
Vol. 77
Wednesday,
No. 26
February 8, 2012
Part III
The President
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Executive Order 13599--Blocking Property of the Government of Iran and
Iranian Financial Institutions
Presidential Documents
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 6659]]
Executive Order 13599 of February 5, 2012
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withdrawn, or otherwise dealt in.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.
[[Page 6660]]
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.
[[Page 6661]]
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.
[[Page 6662]]
Sec. 14. This order is effective at 12:01 a.m. eastern
standard time on February 6, 2012.
(Presidential Sig.)
THE WHITE HOUSE,
February 5, 2012.
[FR Doc. 2012-3097
Filed 2-7-12; 11:15 am]
Billing code 3295-F2-P