U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–011 2012

112th Congress, 2d Session – – – – – – – – – – – – House Document 112–119 

BLOCKING PROPERTY OF THE GOVERNMENT OF THE 

RUSSIAN FEDERATION RELATING TO THE DISPOSITION OF HIGHLY ENRICHED URANIUM EXTRACTED 

FROM NUCLEAR WEAPONS 

COMMUNICATION 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO 

BLOCKING THE PROPERTY OF THE GOVERNMENT OF THE RUSSIAN FEDERATION, PURSUANT TO 50 U.S.C. 1703(b) 

JUNE 27, 2012.—Referred to the Committee on Foreign Affairs and 

ordered to be printed 


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THE WHITE HOUSE, 

Washington, June 25, 2012. 

Hon. JOHN BOEHNER, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MR. SPEAKER: Pursuant to section 204(b) of the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 

1703(b), I hereby report that I have exercised my authority to declare a national emergency to deal with the threat posed to the 

United States by the risk of nuclear proliferation created by the accumulation in the Russian Federation of a large volume of weapons-usable fissile material. 

In Executive Order 13159 of June 21, 2000, the President found 

that this same risk constituted an unusual and extraordinary 

threat to the national security and foreign policy of the United 

States and declared a national emergency to deal with that threat. 

The United States and the Russian Federation had entered into a 

series of agreements that provide for the conversion of highly enriched uranium (HEU) extracted from Russian nuclear weapons 

into low enriched uranium (LEU) for use in commercial nuclear reactors. There were concerns that payments due to the Russian Federation under these agreements may be subject to attachment, garnishment, or other judicial process, in the United States, which 

could put implementation of such agreements at risk. In Executive 

Order 13159, the President therefore ordered blocked all property 

and interests in property of the Government of the Russian Federation directly related to the implementation of the HEU Agreements 

so that it would be protected from the threat of attachment, garnishment, or other judicial process. 

In the Executive Order I have issued today, I find that the risk 

of nuclear proliferation created by the accumulation in the Russian 

Federation of a large volume of weapons-usable fissile material 

continues to constitute an unusual and extraordinary threat to the 

national security and foreign policy of the United States. I therefore declared a national emergency to address this threat and to 

continue the blocking of all property and interests in property of 

the Government of the Russian Federation directly related to the 

implementation of the HEU Agreements. 

A major national security goal of the United States is to ensure 

that fissile material removed from Russian nuclear weapons pursuant to various arms control and disarmament agreements is dedicated to peaceful uses, subject to transparency measures, and protected from diversion to activities of proliferation concern. The 

United States and the Russian Federation entered into an international agreement in February 1993 to deal with these issues as 

they relate to the disposition of HEU extracted from Russian nuclear weapons (the ‘‘HEU Agreement’’). The HEU Agreement proVerDate Mar 15 2010 03:21 Jun 28, 2012 Jkt 019011 PO 00000 Frm 00003 Fmt 6633 Sfmt 6633 E:\HR\OC\HD119.XXX HD119

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vides for 500 metric tons of HEU to be converted to LEU over a 

20-year period. This is the equivalent of 20,000 nuclear warheads. 

Additional agreements were put in place to effectuate the HEU 

Agreement, including agreements and contracts on transparency, 

on the appointment of executive agents to assist in implementing 

the agreements, and on the disposition of LEU delivered to the 

United States (collectively, the ‘‘HEU Agreements’’). Under the 

HEU Agreements, the Russian Federation extracts HEU metal 

from nuclear weapons. That HEU is oxidized and blended down to 

LEU in the Russian Federation. The resulting LEU is shipped to 

the United States for fabrication into fuel for commercial reactors. 

The HEU Agreements provide for the Russian Federation to receive money and uranium hexafluoride in payment for each shipment of LEU converted from the Russian nuclear weapons. The 

money and uranium hexafluoride are transferred to the Russian 

Federation executive agent in the United States. 

The executive branch and the Congress have previously recognized and continue to recognize the threat posed to the United 

States national security from the risk of nuclear proliferation created by the accumulation of weapons-usable fissile material in the 

Russian Federation. This threat is the basis for significant programs aimed at Cooperative Threat Reduction and at controlling 

excess fissile material. The HEU Agreements are essential tools to 

accomplish these overall national security goals. The Congress has 

repeatedly demonstrated support for these agreements. 

Payments made to the Russian Federation pursuant to the HEU 

Agreements are integral to the operation of this key national security program. Uncertainty surrounding litigation and the possible 

attachment, garnishment, or other judicial process that could impede these payments could lead to a long-term suspension of the 

HEU Agreements, which creates the risk of nuclear proliferation. 

This is an unacceptable threat to the national security and foreign 

policy of the United States. 

Accordingly, I have concluded that all property and interests in 

property of the Government of the Russian Federation directly related to the implementation of the HEU Agreements should remain 

protected from the threat of attachment, garnishment, or other judicial process. I have, therefore, exercised my authority and issued 

an Executive Order that provides: 

• except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to the order, or 

that were issued pursuant to Executive Order 13159 of June 

21, 2000, all property and interests in property of the Government of the Russian Federation directly related to the implementation of the HEU Agreements that are in the United 

States, that hereafter come within the United States, or hereafter come within the possession or control of any United 

States persons, including any foreign branch, are blocked and 

may not be transferred, paid, exported, withdrawn, or otherwise dealt in; 

• unless licensed or authorized pursuant to the order, any 

attachment, judgment, decree, lien, execution, garnishment, or 

other judicial process is null and void with respect to any property or interest in property blocked pursuant to the order; and 


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• that all heads of departments and agencies of the United 

States Government shall continue to take all appropriate 

measures within their authority to further the full implementation of the HEU Agreements. 

The effect of this Executive Order is limited to property that is 

directly related to the implementation of the HEU Agreements. 

Such property will be clearly defined by the regulations, orders, directives, or licenses that will be issued pursuant to this Executive 

Order. I have delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the authority 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. 


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EXECUTIVE ORDER

BLOCKING PROPERTY OF THE GOVERNMENT OF THE RUSSIAN FED- ERATION RELATING TO THE DISPOSITION OF HIGHLY ENRICHED

URANIUM EXTRACTED FROM NUCLEAR WEAPONS

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.) 

(NEA), and section 301 of title 3, United States Code, 

I, BARACK OBAMA, President of the United States of America, 

in view of the policies underlying Executive Order 12938 of November 14, 1994, and Executive Order 13085 of May 26, 1998, and the 

restrictions put in place pursuant to Executive Order 13159 of June 

21, 2000, find that the risk of nuclear proliferation created by the 

accumulation of a large volume of weapons-usable fissile material 

in the territory of the Russian Federation continues to constitute 

an unusual and extraordinary threat to the national security and 

foreign policy of the United States, and hereby declare a national 

emergency to deal with that threat. I hereby order: 

Section 1. A major national security goal of the United States is 

to ensure that fissile material removed from Russian nuclear weapons pursuant to various arms control and disarmament agreements 

is dedicated to peaceful uses, subject to transparency measures, 

and protected from diversion to activities of proliferation concern. 

As reflected in Executive Order 13085, the full implementation of 

the Agreement Between the Government of the United States of 

America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted 

from Nuclear Weapons, dated February 18, 1993, and related contracts and agreements (collectively, the ‘‘HEU Agreements’’) is essential to the attainment of this goal. The HEU Agreements provide for the conversion of approximately 500 metric tons of highly 

enriched uranium contained in Russian nuclear weapons into lowenriched uranium for use as fuel in commercial nuclear reactors. 

In furtherance of our national security goals, all heads of departments and agencies of the United States Government shall continue to take all appropriate measures within their authority to 

further the full implementation of the HEU Agreements. 

Sec. 2. Government of the Russian Federation assets directly related to the implementation of the HEU Agreements currently may 

be subject to attachment, judgment, decree, lien, execution, garnishment, or other judicial process, thereby jeopardizing the full 

implementation of the HEU Agreements to the detriment of U.S. 

foreign policy. In order to ensure the preservation and proper and 

complete transfer to the Government of the Russian Federation of 


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all payments due to it under the HEU Agreements, and except to 

the extent provided in regulations, orders, directives, or licenses 

that may be issued pursuant to this order, or that were issued pursuant to Executive Order 13159 of June 21, 2000, all property and 

interests in property of the Government of the Russian Federation 

directly related to the implementation of the HEU Agreements 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 persons, including any foreign branch, are 

blocked and may not be transferred, paid, exported, withdrawn, or 

otherwise dealt in. Unless licensed or authorized pursuant to this 

order, or Executive Order 13159 of June 21, 2000, any attachment, 

judgment, decree, lien, execution, garnishment, or other judicial 

process is null and void with respect to any property or interest in 

property blocked pursuant to this order. 

Sec. 3. (a) Any transaction 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. 4. 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; and 

(d) the term ‘‘Government of the Russian Federation’’ means the 

Government of the Russian Federation, any political subdivision, 

agency, or instrumentality thereof, and any person owned or controlled by, or acting for or on behalf of, the Government of the Russian Federation. 

Sec. 5. (a) The Secretary of the Treasury, in consultation with the 

Secretary of State, the Secretary of Energy, and, as appropriate, 

other agencies, 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 statutory authority 

to carry out the provisions of this order. 

(b) Nothing contained in this order shall relieve a person from 

any requirement to obtain a license or other authorization from 

any department or agency of the United States Government in 

compliance with applicable laws and regulations subject to the jurisdiction of the department or agency. 

Sec. 6. The Secretary of the Treasury, in consultation with the 

Secretary of State, is hereby authorized to submit the recurring 

and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 

U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). 


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Sec. 7. 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. 

BARACK OBAMA. 

THE WHITE HOUSE, June 25, 2012. 

Æ 


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