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[House Document 112-100]
[From the U.S. Government Publishing Office]

112th Congress, 2d Session - - - - - - - - - - - House Document 112-100
 
 CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO IRAN AND SYRIA

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              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 AND THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA, 
          ORIGINALLY BY EXECUTIVE ORDER 13338 OF MAY 11, 2004

   April 23, 2012.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                           The White House,
                                        Washington, April 22, 2012.
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 
emergencies declared in Executive Order 12957 of March 15, 
1995, and relied on for additional steps in subsequent 
Executive Orders, and in Executive Order 13338 of May 11, 2004, 
as modified in scope and relied on for additional steps in 
subsequent Executive Orders.
    I have determined that the commission of serious human 
rights abuses against the people of Iran and Syria by their 
governments, facilitated by computer and network disruption, 
monitoring, and tracking by those governments, and abetted by 
entities in Iran and Syria that are complicit in those 
governments' malign use of technology for those purposes, 
threaten the national security and foreign policy of the United 
States. Consistent with the vital importance of providing 
technology that enables the Iranian and Syrian people to freely 
communicate with each other and the outside world, as well as 
the preservation, to the extent possible, of global 
telecommunications supply chains for essential products and 
services to enable the free flow of information, the measures 
in the order are designed primarily to address the need to 
prevent entities located in whole or in part in Iran and Syria 
from facilitating or committing serious human rights abuses. To 
address this situation, the order takes additional steps with 
respect to the national emergencies described above.
    The order blocks the property and interests in property, 
and suspends entry into the United States, of persons listed in 
the Annex to the order, as well as persons determined by the 
Secretary of the Treasury, in consultation with or at the 
recommendation of the Secretary of State:
     to have operated, or to have directed the 
operation of, information and communications technology that 
facilitates computer or network disruption, monitoring, or 
tracking that could assist in or enable grave rights abuses by 
or on behalf of the Government of Iran or the Government of 
Syria;
     to have sold, leased, or otherwise provided, 
directly or indirectly, goods, services, or technology to Iran 
or Syria likely to be used to facilitate computer or network 
disruption, monitoring, or tracking that could assist in or 
enable grave human rights abuses by or on behalf of the 
Government of Iran or the Government of Syria;
     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 
above 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, 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.
                            Executive Order

                              ----------                              

 Blocking the Property and Suspending Entry Into the United States of 
   Certain Persons With Respect to Grave Human Rights Abuses by the 
        Governments of Iran and Syria Via Information Technology

    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 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,
    I, BARACK OBAMA, President of the United States of America, 
hereby determine that the commission of serious human rights 
abuses against the people of Iran and Syria by their 
governments, facilitated by computer and network disruption, 
monitoring, and tracking by those governments, and abetted by 
entities in Iran and Syria that are complicit in their 
governments' malign use of technology for those purposes, 
threaten the national security and foreign policy of the United 
States. The Governments of Iran and Syria are endeavoring to 
rapidly upgrade their technological ability to conduct such 
activities. Cognizant of the vital importance of providing 
technology that enables the Iranian and Syrian people to freely 
communicate with each other and the outside world, as well as 
the preservation, to the extent possible, of global 
telecommunications supply chains for essential products and 
services to enable the free flow of information, the measures 
in this order are designed primarily to address the need to 
prevent entities located in whole or in part in Iran and Syria 
from facilitating or committing serious human rights abuses. In 
order to take additional steps with respect to the national 
emergencies declared in Executive Order 12957 of March 15, 
1995, as relied upon for additional steps in subsequent 
Executive Orders, and in Executive Order 13338 of May 11, 2004, 
as modified in scope and relied upon for additional steps in 
subsequent Executive Orders, and to address the situation 
described above, I 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 foreign 
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 have operated, or to have directed the 
                operation of, information and communications 
                technology that facilitates computer or network 
                disruption, monitoring, or tracking that could 
                assist in or enable serious human rights abuses 
                by or on behalf of the Government of Iran or 
                the Government of Syria;
                  (B) to have sold, leased, or otherwise 
                provided, directly or indirectly, goods, 
                services, or technology to Iran or Syria likely 
                to be used to facilitate computer or network 
                disruption, monitoring, or tracking that could 
                assist in or enable serious human rights abuses 
                by or on behalf of the Government of Iran or 
                the Government of Syria;
                  (C) 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 subsections (a)(ii)(A) and (B) of this 
                section or any person whose property and 
                interests in property are blocked pursuant to 
                this order; or
                  (D) 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) 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. 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 this order would seriously impair my ability to deal with 
the two national emergencies identified in the preamble to this 
order, 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. 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 section 1 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. 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 
United States 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 ``information and communications technology'' 
means any hardware, software, or other product or service 
primarily intended to fulfill or enable the function of 
information processing and communication by electronic means, 
including transmission and display, including via the Internet;
    (c) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization;
    (d) 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;
    (e) 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; and
    (f) the term ``Government of Syria'' means the Government 
of the Syrian Arab Republic, its agencies, instrumentalities, 
and controlled entities.
    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 two national emergencies 
identified in the preamble to this order, 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. 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 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 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. 11. 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. 12. The measures taken pursuant to this order with 
respect to Iran 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. 13. This order is effective at 12:01 a.m. eastern 
daylight time on April 23, 2012.

                                                      Barack Obama.
    The White House, April 22, 2012.
                                 ANNEX

Individual

1. Ali MAMLUK [director of the Syrian General Intelligence 
        Directorate, born 1947]

Entities

1. Syrian General Intelligence Directorate
2. Syriatel
3. Islamic Revolutionary Guard Corps
4. Iranian Ministry of Intelligence and Security
5. Law Enforcement Forces of the Islamic Republic of Iran
6. Datak Telecom

                                  
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