[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Presidential Documents]
[Pages 62139-62145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25236]
[GRAPHIC] [TIFF OMITTED] TD12OC12.013
[FR Doc. 2012-25336
Filed 10-11-12; 11:15 am]
8Billing code 4310-10-C
Presidential Documents
Federal Register / Vol. 77, No. 198 / Friday, October 12, 2012 /
Presidential Documents
[[Page 62139]]
Executive Order 13628 of October 9, 2012
Authorizing the Implementation of Certain
Sanctions Set Forth in the Iran Threat Reduction and
Syria Human Rights Act of 2012 and Additional Sanctions
With Respect to 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.), the
Iran Sanctions Act of 1996 (Public Law 104-172) (50
U.S.C. 1701 note), as amended (ISA), the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of
2010 (Public Law 111-195) (22 U.S.C. 8501 et seq.), as
amended (CISADA), the Iran Threat Reduction and Syria
Human Rights Act of 2012 (Public Law 112-158)
(ITRSHRA), 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, and in
order to take additional steps with respect to the
national emergency declared in Executive Order 12957 of
March 15, 1995,
I, BARACK OBAMA, President of the United States of
America, hereby order:
Section 1. (a) When the President, or the Secretary of
State or the Secretary of the Treasury pursuant to
authority delegated by the President and in accordance
with the terms of such delegation, has determined that
sanctions shall be imposed on a person pursuant to ISA,
CISADA, or ITRSHRA and has, in accordance with those
authorities, selected one or more of the sanctions set
forth in section 6 of ISA to impose on that person, the
Secretary of the Treasury, in consultation with the
Secretary of State, shall take the following actions
with respect to the sanctions selected and maintained
by the President, the Secretary of State, or the
Secretary of the Treasury:
(i) with respect to section 6(a)(3) of ISA, prohibit any United States
financial institution from making loans or providing credits to the
sanctioned person consistent with that section;
(ii) with respect to section 6(a)(6) of ISA, prohibit any transactions in
foreign exchange that are subject to the jurisdiction of the United States
and in which the sanctioned person has any interest;
(iii) with respect to section 6(a)(7) of ISA, prohibit any transfers of
credit or payments between financial institutions or by, through, or to any
financial institution, to the extent that such transfers or payments are
subject to the jurisdiction of the United States and involve any interest
of the sanctioned person;
(iv) with respect to section 6(a)(8) of ISA, block all property and
interests in property that are in the United States, that come within the
United States, or that are or come within the possession or control of any
United States person, including any foreign branch, of the sanctioned
person, and provide that such property and interests in property may not be
transferred, paid, exported, withdrawn, or otherwise dealt in;
(v) with respect to section 6(a)(9) of ISA, prohibit any United States
person from investing in or purchasing significant amounts of equity or
debt instruments of a sanctioned person;
(vi) with respect to section 6(a)(11) of ISA, impose on the principal
executive officer or officers, or persons performing similar functions and
with
[[Page 62140]]
similar authorities, of a sanctioned person the sanctions described in
sections 6(a)(3), 6(a)(6), (6)(a)(7), 6(a)(8), 6(a)(9), or 6(a)(12) of ISA,
as selected by the President, Secretary of State, or Secretary of the
Treasury, as appropriate; or
(vii) with respect to section 6(a)(12) of ISA, restrict or prohibit imports
of goods, technology, or services, directly or indirectly, into the United
States from the sanctioned person.
(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 date of this order.
Sec. 2. (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: any person determined
by the Secretary of the Treasury, in consultation with
or at the recommendation of the Secretary of State:
(i) to have knowingly, on or after August 10, 2012, transferred, or
facilitated the transfer of, goods or technologies to Iran, any entity
organized under the laws of Iran or otherwise subject to the jurisdiction
of the Government of Iran, or any national of Iran, for use in or with
respect to Iran, that are likely to be used by the Government of Iran or
any of its agencies or instrumentalities, or by any other person on behalf
of the Government of Iran or any of such agencies or instrumentalities, to
commit serious human rights abuses against the people of Iran;
(ii) to have knowingly, on or after August 10, 2012, provided services,
including services relating to hardware, software, or specialized
information or professional consulting, engineering, or support services,
with respect to goods or technologies that have been transferred to Iran
and that are likely to be used by the Government of Iran or any of its
agencies or instrumentalities, or by any other person on behalf of the
Government of Iran or any of such agencies or instrumentalities, to commit
serious human rights abuses against the people of Iran;
(iii) 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 subsection (a)(i) or (a)(ii) of
this section or any person whose property and interests in property are
blocked pursuant to this section; 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 section.
(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 date of this order.
Sec. 3. (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: any person determined
by the Secretary of the Treasury, in consultation with
or at the recommendation of the Secretary of State:
(i) to have engaged in censorship or other activities with respect to Iran
on or after June 12, 2009, that prohibit, limit, or penalize the exercise
of freedom of expression or assembly by citizens of Iran, or that limit
access to print or broadcast media, including the facilitation or support
[[Page 62141]]
of intentional frequency manipulation by the Government of Iran or an
entity owned or controlled by the Government of Iran that would jam or
restrict an international signal;
(ii) 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 subsection (a)(i) of this section
or any person whose property and interests in property are blocked pursuant
to this section; or
(iii) 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 section.
(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 date of this order.
Sec. 4. (a) No entity owned or controlled by a United
States person and established or maintained outside the
United States may knowingly engage in any transaction,
directly or indirectly, with the Government of Iran or
any person subject to the jurisdiction of the
Government of Iran, if that transaction would be
prohibited by Executive Order 12957, Executive Order
12959 of May 6, 1995, Executive Order 13059 of August
19, 1997, Executive Order 13599 of February 5, 2012,
section 5 of Executive Order 13622 of July 30, 2012, or
section 12 of this order, or any regulation issued
pursuant to the foregoing, if the transaction were
engaged in by a United States person or in the United
States.
(b) Penalties assessed for violations of the
prohibition in subsection (a) of this section, and any
related violations of section 12 of this order, may be
assessed against the United States person that owns or
controls the entity that engaged in the prohibited
transaction.
(c) Penalties for violations of the prohibition in
subsection (a) of this section shall not apply if the
United States person that owns or controls the entity
divests or terminates its business with the entity not
later than February 6, 2013.
(d) 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 date of this order.
Sec. 5. The Secretary of State, in consultation with
the Secretary of the Treasury, the Secretary of
Commerce, and the United States Trade Representative,
and with the President of the Export-Import Bank of the
United States, the Chairman of the Board of Governors
of the Federal Reserve System, and other agencies and
officials as appropriate, is hereby authorized to
impose on a person any of the sanctions described in
section 6 or 7 of this order upon determining that the
person:
(a) knowingly, between July 1, 2010, and August 10,
2012, sold, leased, or provided to Iran goods,
services, technology, information, or support with a
fair market value of $1,000,000 or more, or with an
aggregate fair market value of $5,000,000 or more
during a 12-month period, and that could directly and
significantly facilitate the maintenance or expansion
of Iran's domestic production of refined petroleum
products, including any direct and significant
assistance with respect to the construction,
modernization, or repair of petroleum refineries;
(b) knowingly, between July 1, 2010, and August 10,
2012, sold or provided to Iran refined petroleum
products with a fair market value of $1,000,000 or
more, or with an aggregate fair market value of
$5,000,000 or more during a 12-month period;
[[Page 62142]]
(c) knowingly, between July 1, 2010, and August 10,
2012, sold, leased, or provided to Iran goods,
services, technology, information, or support with a
fair market value of $1,000,000 or more, or with an
aggregate fair market value of $5,000,000 or more
during a 12-month period, and that could directly and
significantly contribute to the enhancement of Iran's
ability to import refined petroleum products;
(d) is a successor entity to a person determined by the
Secretary of State in accordance with this section to
meet the criteria in subsection (a), (b), or (c) of
this section;
(e) owns or controls a person determined by the
Secretary of State in accordance with this section to
meet the criteria in subsection (a), (b), or (c) of
this section, and had knowledge that the person engaged
in the activities referred to in that subsection; or
(f) is owned or controlled by, or under common
ownership or control with, a person determined by the
Secretary of State in accordance with this section to
meet the criteria in subsection (a), (b), or (c) of
this section, and knowingly participated in the
activities referred to in that subsection.
Sec. 6. (a) When the Secretary of State, in accordance
with the terms of section 5 of this order, has
determined that a person meets any of the criteria
described in section 5 and has selected any of the
sanctions set forth below to impose on that person, the
heads of relevant agencies, in consultation with the
Secretary of State, shall take the following actions
where necessary to implement the sanctions imposed by
the Secretary of State:
(i) the Board of Directors of the Export-Import Bank shall deny approval of
the issuance of any guarantee, insurance, extension of credit, or
participation in an extension of credit in connection with the export of
any goods or services to the sanctioned person;
(ii) agencies shall not issue any specific license or grant any other
specific permission or authority under any statute that requires the prior
review and approval of the United States Government as a condition for the
export or reexport of goods or technology to the sanctioned person;
(iii) with respect to a sanctioned person that is a financial institution:
(1) the Chairman of the Board of Governors of the Federal Reserve System
and the President of the Federal Reserve Bank of New York shall take such
actions as they deem appropriate, including denying designation, or
terminating the continuation of any prior designation of, the sanctioned
person as a primary dealer in United States Government debt instruments; or
(2) agencies shall prevent the sanctioned person from serving as an agent
of the United States Government or serving as a repository for United
States Government funds; or
(iv) agencies shall not procure, or enter into a contract for the
procurement of, any goods or services from the sanctioned person.
(b) The prohibitions in subsections (a)(i)-(a)(iv) 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 date of this
order.
Sec. 7. (a) When the Secretary of State, in accordance
with the terms of section 5 of this order, has
determined that a person meets any of the criteria
described in section 5 and has selected any of the
sanctions set forth below to impose on that person, the
Secretary of the Treasury, in consultation with the
Secretary of State, shall take the following actions
where necessary to implement the sanctions imposed by
the Secretary of State:
(i) prohibit any United States financial institution from making loans or
providing credits to the sanctioned person totaling more than
[[Page 62143]]
$10,000,000 in any 12-month period, unless such person is engaged in
activities to relieve human suffering and the loans or credits are provided
for such activities;
(ii) prohibit any transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned person has
any interest;
(iii) prohibit any transfers of credit or payments between financial
institutions or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction of the
United States and involve any interest of the sanctioned person;
(iv) block all property and interests in property that are in the United
States, that come within the United States, or that are or come within the
possession or control of any United States person, including any foreign
branch, of the sanctioned person, and provide that such property and
interests in property may not be transferred, paid, exported, withdrawn, or
otherwise dealt in; or
(v) restrict or prohibit imports of goods, technology, or services,
directly or indirectly, into the United States from the sanctioned person.
(b) The prohibitions in subsections (a)(i)-(a)(v) 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 date of this
order.
Sec. 8. I hereby determine that, to the extent that
section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) may
apply, the making of donations of the types of articles
specified in such section 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 subsections 1(a)(iv), 2(a),
3(a), and 7(a)(iv) of this order.
Sec. 9. The prohibitions in subsections 1(a)(iv), 2(a),
3(a), and 7(a)(iv) 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. 10. 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 subsections
2(a) and 3(a) 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. 11. 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 and sections 6(a)(6), 6(a)(7),
6(a)(8), 6(a)(9), 6(a)(11), and 6(a)(12) of ISA, and to
employ all powers granted to the United States
Government by section 6(a)(3) of ISA, 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.
Sec. 12. (a) Any transaction that evades or avoids, has
the purpose of evading or avoiding, causes a violation
of, or attempts to violate any of
[[Page 62144]]
the prohibitions set forth in this order or in
Executive Order 12957, Executive Order 12959, Executive
Order 13059, or Executive Order 13599 is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order or in Executive
Order 12957, Executive Order 12959, Executive Order
13059, or Executive Order 13599 is prohibited.
Sec. 13. 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 ``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 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;
(d) the terms ``knowledge'' and ``knowingly,'' with
respect to conduct, a circumstance, or a result, mean
that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result;
(e) the term ``person'' means an individual or entity;
(f) the term ``sanctioned person'' means a person that
the President, or the Secretary of State or the
Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the
terms of such delegation, has determined is a person on
whom sanctions shall be imposed pursuant to IEEPA, ISA,
CISADA, or ITRSHRA, and on whom the President, the
Secretary of State, or the Secretary of the Treasury
has imposed any of the sanctions in section 6 of ISA;
(g) for the purposes of section 4 of this order, the
term ``subject to the jurisdiction of the Government of
Iran'' means a person organized under the laws of Iran
or any jurisdiction within Iran, ordinarily resident in
Iran, or in Iran, or owned or controlled by any of the
foregoing;
(h) the term ``United States financial institution''
means a financial institution (including its foreign
branches) organized under the laws of the United States
or any jurisdiction within the United States or located
in the United States; and
(i) 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. 14. 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 an action taken pursuant to subsections 1(a)(iv),
2(a), 3(a), and 7(a)(iv) of this order.
Sec. 15. Executive Order 13622 is hereby amended as
follows:
(a) Subsection (1)(c)(ii) is amended by deleting the
words ``with respect to the country with primary
jurisdiction over the foreign financial institution.''
[[Page 62145]]
(b) Subsection (2)(b)(ii) is amended by deleting the
words ``with respect to the country with primary
jurisdiction over the person.''
(c) Subsection 1(d) is amended by inserting the words
``agricultural commodities,'' after the words ``sale
of.''
Sec. 16. 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 section 104A of CISADA (22 U.S.C. 8514). 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.
Sec. 17. 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. 18. 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. 19. 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,
Washington, October 9, 2012.
[FR Doc. 2012-25236
Filed 10-11-12; 8:45 am]
Billing code 3295-F3