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[House Document 111-147]
[From the U.S. Government Publishing Office]

111th Congress, 2d Session - - - - - - - - - - - - House Document 111-147

 
NOTIFICATION OF AN EXECUTIVE ORDER ISSUED WITH RESPECT TO THE NATIONAL 
   EMERGENCY DECLARED IN RESPONSE TO THE ACTIONS AND POLICIES OF THE 
                           GOVERNMENT OF IRAN

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

  NOTIFICATION OF AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS WITH 
RESPECT TO THE NATIONAL EMERGENCY DECLARED WITH RESPECT TO THE BLOCKING 
  OF PROPERTY OF CERTAIN PERSONS WITH RESPECT TO SERIOUS HUMAN RIGHTS 
 ABUSES BY THE GOVERNMENT OF IRAN DECLARED BY EXECUTIVE ORDER 12957 OF 
             MARCH 15, 1995, PURSUANT TO 50 U.S.C. 1622(d)

 November 15, 2010.--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. Finally, 
Executive Order 13059 of August 19, 1997, consolidated and 
clarified the previous orders.
    I have determined that the actions and policies of the 
Government of Iran on or after its presidential election of 
June 12, 2009, including its violent response to peaceful 
demonstrations and its commission of serious human rights 
abuses, warrant the imposition of additional sanctions.
    The prohibitions contained in the new order implement 
section 105(a) of the Comprehensive Iran Sanctions, 
Accountability, and Divestment Act of 2010 (Public Law 111-195) 
(CISADA) concerning, inter alia, the imposition of sanctions 
pursuant to IEEPA with respect to each person on the list 
referred to in section 105(b). I applaud the efforts of the 
Congress to demonstrate the strong and sustained commitment of 
the United States to advancing the universal rights of all 
Iranians, and to sanction those who have abused their rights. 
The order, however, goes beyond the scope of section 105 of 
CISADA by imposing sanctions pursuant to IEEPA on persons who 
meet a broader set of criteria than those specified in section 
105(b).
    The order blocks the property and interests in property of 
persons listed in the Annex to the order, who I have determined 
meet the first of the three criteria set forth below. The order 
also provides criteria for designations of persons determined 
by the Secretary of the Treasury, in consultation with or at 
the recommendation of the Secretary of State:
     to be an official of the Government of Iran or a 
person acting on behalf of the Government of Iran (including 
members of paramilitary organizations) who is responsible for 
or complicit in, or responsible for ordering, controlling, or 
otherwise directing, the commission of serious human rights 
abuses against persons in Iran or Iranian citizens or 
residents, or the family members of the foregoing, on or after 
June 12, 2009, regardless of whether such abuses occurred in 
Iran;
     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 section 1(a)(ii)(A) of the order or any person whose 
property and interests in property are blocked pursuant to the 
order; or
     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.
    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 and the relevant provisions of CISADA, as may be 
necessary to carry out the blocking-related purposes of the 
order and 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 
104 of CISADA. I have delegated to the Secretary of State the 
functions and authorities related to visa sanctions conferred 
upon the President by the relevant provisions of CISADA. I have 
also delegated to the Secretary of State, in consultation with 
the Secretary of the Treasury, the function of submitting to 
the appropriate congressional committees referred to in section 
105(b) of CISADA the initial and updated lists of persons who 
are subject to visa sanctions and whose property and interests 
in property are blocked pursuant to the order. All executive 
agencies of the United States Government are directed to take 
all appropriate measures within their authority to carry out 
the provisions of the order.
    The order, a copy of which is enclosed, became effective at 
12:01 a.m. eastern daylight time on September 29, 2010.

                                                      Barack Obama.
    The White House, September 28, 2010.
                            Executive Order

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  Blocking Property of Certain Persons With Respect to Serious Human 
   Rights Abuses by the Government of Iran and Taking Certain Other 
                                Actions

    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 Comprehensive Iran Sanctions, 
Accountability, and Divestment Act of 2010 (Public Law 111-195) 
(CISADA), 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) 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 overseas 
branch, of the following persons are blocked and may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in:
          (i) the persons listed in the Annex to this order; 
        and
          (ii) any person determined by the Secretary of the 
        Treasury, in consultation with or at the recommendation 
        of the Secretary of State:
                  (A) to be an official of the Government of 
                Iran or a person acting on behalf of the 
                Government of Iran (including members of 
                paramilitary organizations) who is responsible 
                for or complicit in, or responsible for 
                ordering, controlling, or otherwise directing, 
                the commission of serious human rights abuses 
                against persons in Iran or Iranian citizens or 
                residents, or the family members of the 
                foregoing, on or after June 12, 2009, 
                regardless of whether such abuses occurred in 
                Iran;
                  (B) 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)(ii)(A) of this section or any 
                person whose property and interests in property 
                are blocked pursuant to this order; or
                  (C) 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.
    (b) 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 subsection (a) of this section 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 subsection (a) of this section.
    (c) The prohibitions in subsection (a) of this section 
include but are not limited to:
          (i) 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
          (ii) the receipt of any contribution or provision of 
        funds, goods, or services from any such person.
    (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 
effective date of this order.
    Sec. 2. (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. 3. 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'' includes the Government 
of Iran, any political subdivision, agency, or instrumentality 
thereof, and any person owned or controlled by, or acting for 
or on behalf of, the Government of Iran; and
    (e) the term ``family member'' means, with respect to an 
individual, a spouse, child, parent, sibling, grandchild, or 
grandparent of the individual.
    Sec. 4. 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(a) of this 
order.
    Sec. 5. 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 105(a)-(c) of CISADA (22 U.S.C. 8514(a)-(c)), other 
than as described in sections 6 and 7 of this order, as may be 
necessary to carry out the purposes of this order other than 
the purposes of sections 6 and 7. 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. The Secretary of the Treasury, in consultation 
with the Secretary of State, is hereby further authorized to 
exercise the functions and waiver authorities conferred upon 
the President by section 401(b) of CISADA (22 U.S.C. 8551(b)) 
with respect to the requirement to impose or maintain sanctions 
pursuant to IEEPA under section 105(a) of CISADA (22 U.S.C. 
8514(a)) and to redelegate these functions and waiver 
authorities 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. 6. The Secretary of State is hereby authorized to 
exercise the functions and authorities conferred upon the 
President by section 105(a) of CISADA (22 U.S.C. 8514(a)) with 
respect to imposition of the visa sanctions described in 
section 105(c) of CISADA (22 U.S.C. 8514(c)) and to redelegate 
these functions and authorities consistent with applicable law. 
The Secretary of State is hereby further authorized to exercise 
the functions and authorities conferred upon the President by 
section 105(c) of CISADA (22 U.S.C. 8514(c)) with respect to 
the promulgation of rules and regulations related to the visa 
sanctions described therein and to redelegate these functions 
and authorities consistent with applicable law. The Secretary 
of State is hereby further authorized to exercise the functions 
and waiver authorities conferred upon the President by section 
401(b) of CISADA (22 U.S.C. 8551(b)) with respect to the 
requirement to impose or maintain visa sanctions under section 
105(a) of CISADA (22 U.S.C. 8514(a)) and to redelegate these 
functions and waiver authorities consistent with applicable 
law. In exercising the functions and authorities in the 
previous sentence, the Secretary of State shall consult the 
Secretary of Homeland Security on matters related to 
admissibility or inadmissibility within the authority of the 
Secretary of Homeland Security.
    Sec. 7. The Secretary of State, in consultation with the 
Secretary of the Treasury, is hereby authorized to submit the 
initial and updated lists of persons who are subject to visa 
sanctions and whose property and interests in property are 
blocked pursuant to this order to the appropriate congressional 
committees as required by section 105(b) of CISADA (22 U.S.C. 
8514(b)) and to redelegate these functions 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 waiver authorities conferred upon 
the President by section 401(b) of CISADA (22 U.S.C. 8551(b)) 
with respect to the requirement to include a person on the list 
required by section 105(b) of CISADA (22 U.S.C. 8514(b)) and to 
redelegate these functions and waiver authorities consistent 
with applicable law.
    Sec. 8. 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 104 of CISADA (22 U.S.C. 
8513). 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. 9. The Secretary of the Treasury, in consultation with 
the Secretary of State, is hereby authorized to determine that 
circumstances no longer warrant the blocking of the property 
and interests in property of a person listed in the Annex to 
this order, and to take necessary action to give effect to that 
determination.
    Sec. 10. 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. 11. 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 response to those later actions.
    Sec. 12. This order is effective at 12:01 a.m. eastern 
daylight time on September 29, 2010.

                                                      Barack Obama.
    The White House, September 28, 2010.

                                 ANNEX

Individuals

1. Mohammad Ali JAFARI [Commander of the Islamic Revolutionary 
        Guard Corps, born September 1, 1957]
2. Sadeq MAHSOULI [Minister of Welfare and Social Security, 
        former Minister of the Interior and Deputy Commander-
        in-Chief of the Armed Forces for Law Enforcement, born 
        1959]
3. Qolam-Hossein MOHSENI-EJEI [Prosecutor-General of Iran, 
        former Minister of Intelligence, born circa 1956]
4. Saeed MORTAZAVI [Head of Iranian Anti-Smuggling Task Force, 
        former Prosecutor-General of Tehran, born 1967]
5. Heydar MOSLEHI [Minister of Intelligence, born 1956]
6. Mostafa Mohammad NAJJAR [Minister of the Interior and Deputy 
        Commander-in-Chief of the Armed Forces for Law 
        Enforcement, born 1956]
7. Ahmad-Reza RADAN [Deputy Chief of the National Police, born 
        1963 or 1964]
8. Hossein TAEB [Deputy Islamic Revolutionary Guard Corps 
        Commander for Intelligence, former Commander of the 
        Basij Forces, born 1963]

                                  
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