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[House Document 112-147]
[From the U.S. Government Publishing Office]

112th Congress, 2d Session - - - - - - - - - - - - House Document 112-147

 
 CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO IRAN AND SYRIA

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 NOTIFICATION 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

  October 9, 2012.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                           The White House,
                                       Washington, October 9, 2012.
The 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 
emergency declared in Executive Order 12957 of March 15, 1995, 
and implements the statutory requirements of the Iran Threat 
Reduction and Syria Human Rights Act of 2012 (Public Law 112-
158) (ITRSHRA), which amends the Iran Sanctions Act of 1996 
(Public Law 104-172) (50 U.S.C. 1701 note) (ISA), and the 
Comprehensive Iran Sanctions, Accountability, and Divestment 
Act of 2010 (Public Law 111-195) (22 U.S.C. 8501 et seq.) 
(CISADA).
    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 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 additional steps with respect to the threat posed 
by Iran and to provide implementing authority for a number of 
the sanctions set forth in 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.
    I also issued Executive Order 13590 on November 20, 2011, 
to take additional steps with respect to this emergency by 
authorizing the Secretary of State to impose sanctions on 
persons providing certain goods, services, technology, 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. On February 5, 2012, in order to take 
additional steps pursuant to this emergency, and to implement 
section 1245(c) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112-81), I issued Executive Order 
13599 blocking the property of the Government of Iran, all 
Iranian financial institutions, and persons determined to be 
owned or controlled by, or acting for or on behalf of, such 
parties. On April 22, 2012, and May 1, 2012, I issued Executive 
Orders 13606 and 13608, respectively. Executive Orders 13606 
and 13608 each take additional steps with respect to various 
emergencies, including the emergency declared in Executive 
Order 12957 concerning Iran, to address the use of computer and 
information technology to commit serious human rights abuses 
and efforts by foreign persons to evade sanctions.
    To take additional steps with respect to the national 
emergency declared in Executive Order 12957, I issued Executive 
Order 13622 of July 30, 2012, imposing sanctions on persons as 
described in that order, particularly in light of the 
Government of Iran's use of revenues from petroleum, petroleum 
products, and petrochemicals for illicit purposes; Iran's 
continued attempts to evade international sanctions through 
deceptive practices; and the unacceptable risk posed to the 
international financial system by Iran's activities.
    In ITRSHRA, which I signed into law on August 10, 2012, the 
Congress enhanced sanctions on Iran and Syria, focusing on the 
energy and financial sectors, as well as activity connected 
with the proliferation of weapons of mass destruction, Iran's 
Islamic Revolutionary Guard Corps, and human rights abuses in 
Iran and Syria.
    The order is intended to implement certain statutory 
requirements of ITRSHRA, including its amendments to the 
statutory requirements of ISA and CISADA, as described below.
    Section 1 of the order is intended to implement sanctions 
pursuant to ISA, CISADA, or ITRSHRA. Certain ISA sanctions 
require action by the private sector, and the order will 
further the implementation of those ISA sanctions by providing 
authority under IEEPA to the Secretary of the Treasury to take 
certain actions with respect to those sanctions. The order 
states that the Secretary of the Treasury, in consultation with 
the Secretary of State, shall take the following actions 
necessary to implement the sanctions selected, imposed, and 
maintained on a person by the President, or by the Secretary of 
State or the Secretary of the Treasury pursuant to authority 
that I have delegated:
           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;
           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;
           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;
           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;
           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;
           with respect to section 6(a)(11) of ISA, 
        impose on the principal executive officer or officers, 
        or persons performing similar functions and with 
        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
           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.
    Sections 2 and 10 of the order are intended to implement 
the statutory requirements of CISADA, as amended by section 402 
of ITRSHRA, which block the property or interests in property 
and suspend entry into the United States of persons determined 
by the Secretary of the Treasury, in consultation with or at 
the recommendation of the Secretary of State, 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;
           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;
           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 these provisions; or
           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 these provisions.
    Sections 3 and 10 of the order are intended to implement 
the statutory requirements of CISADA, as amended by section 403 
of ITRSHRA, which block the property or interests in property 
and suspend entry into the United States of persons determined 
by the Secretary of the Treasury, in consultation with or at 
the recommendation of the Secretary of State, 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 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;
           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 these 
        provisions; or
           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 these provisions.
    Section 4 of the order is intended to meet the statutory 
deadline set forth in section 218 of ITRSHRA, which requires 
that the President prohibit certain transactions not later than 
October 9, 2012. This section prohibits entities owned or 
controlled by a United States person and established or 
maintained outside the United States from knowingly engaging 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 
certain Executive Orders prohibiting trade with Iran and 
blocking the Government of Iran and Iranian financial 
institutions, or any regulation issued pursuant to the 
foregoing, if the transaction were engaged in by a United 
States person or in the United States.
    Sections 5, 6, and 7 of the order authorize the Secretary 
of State to impose, and the Secretary of the Treasury and other 
agencies to implement, certain sanctions in sections 5(a) and 6 
of ISA that were enacted by CISADA, for activity occurring 
between July 1, 2010, and August 10, 2012. Section 201 of 
ITRSHRA amended the effective date of those ISA sanctions to 
August 10, 2012, and does not appear to otherwise preserve the 
applicability of certain provisions for activity occurring 
between the enactment dates of CISADA and ITRSHRA. The purpose 
of these sections is to continue the authority of the Secretary 
of State to impose, and other agencies to implement, these ISA 
sanctions for activity that occurred during this time period.
    I have delegated to the Secretary of State and the 
Secretary of the Treasury, as described in the order, the 
authority to take such actions, including the promulgation of 
rules and regulations, and to employ all powers granted to the 
President by IEEPA and the relevant provisions of ISA, CISADA, 
and ITRSHRA and to employ all powers granted to the United 
States Government by the relevant provisions of ISA and CISADA 
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.
    A copy of the order is enclosed.

            Sincerely,
                                                      Barack Obama.
                            Executive Order

                              ----------                              

 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 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 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;
    (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 $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 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.''
    (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.

                                                      Barack Obama.
    The White House, October 9, 2012.

                                  
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