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[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.

                                  
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