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[House Document 112-105]
[From the U.S. Government Publishing Office]

112th Congress, 2d Session - - - - - - - - - - - - House Document 112-105

 
 CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO IRAN AND SYRIA

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 NOTIFICATION THAT THE NATIONAL EMERGENCY WITH RESPECT TO PROHIBITING 
 CERTAIN TRANSACTIONS WITH AND SUSPENDING ENTRY INTO THE UNITED STATES 
 OF FOREIGN SANCTIONS EVADERS WITH RESPECT TO IRAN AND SYRIA, PURSUANT 
                          TO 50 U.S.C. 1622(d)

May 7, 2012.--Referred to the Committee on Foreign Affairs and ordered 
                             to be printed
                                           The White House,
                                           Washington, May 1, 2012.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to the International Emergency 
Economic Powers (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, as relied on for additional steps in subsequent Executive 
Orders; in Executive Order 13338 of May 11, 2004, as modified 
in scope and relied on for additional steps in subsequent 
Executive Orders; in Executive Order 12938 of November 14, 
1994, as relied on for additional steps in subsequent Executive 
Orders; and in Executive Order 13224 of September 23, 2001, as 
relied on for additional steps in subsequent Executive Orders.
    I have determined that efforts by foreign persons to engage 
in activities intended to evade U.S. economic and financial 
sanctions with respect to Iran and Syria undermine our efforts 
to address the national emergencies described above. To address 
this situation, the order takes additional steps with respect 
to those national emergencies.
    The order authorizes the Secretary of the Treasury, in 
consultation with the Secretary of State, to impose specified 
measures on a foreign person upon determining that the foreign 
person:
           has violated, attempted to violate, 
        conspired to violate, or caused a violation of any 
        license, order, regulation, or prohibition contained 
        in, or issued pursuant to, any Executive Order relating 
        to the national emergencies declared in Executive Order 
        12957 of March 15, 1995, or in Executive Order 13338 of 
        May 11, 2004, as modified in scope in subsequent 
        Executive Orders;
           has violated, attempted to violate, 
        conspired to violate, or caused a violation of any 
        license, order, regulation, or prohibition contained 
        in, or issued pursuant to, to the extent such conduct 
        relates to property and interests in property of any 
        person subject to United States sanctions concerning 
        Iran or Syria, Executive Order 13382 of June 28, 2005, 
        any Executive Order subsequent to Executive Order 13382 
        of June 28, 2005, that relates to the national 
        emergency declared in Executive Order 12938 of November 
        14, 1994, or any Executive Order relating to the 
        national emergency declared in Executive Order 13224 of 
        September 23, 2001;
           has facilitated deceptive transactions for 
        or on behalf of any person subject to United States 
        sanctions concerning Iran or Syria; or
           is owned or controlled by, or is acting or 
        purporting to act for or on behalf of, directly or 
        indirectly, any person determined to meet the criteria 
        set forth above.
    The measures to be imposed on the foreign persons 
determined to meet one or more of these criteria are 
prohibitions on all transactions or dealings, whether direct or 
indirect, involving such persons, including any exporting, 
reexporting, importing, selling, purchasing, transporting, 
swapping, brokering, approving, financing, facilitating, or 
guaranteeing, in or related to (i) any goods, services, or 
technology in or intended for the United States, or (ii) any 
goods, services, or technology provided by or to United States 
persons, wherever located. The order also suspends entry into 
the United States of the foreign persons determined to meet the 
above criteria.
    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

                              ----------                              

  Prohibiting Certain Transactions With and Suspending Entry Into the 
  United States of Foreign Sanctions Evaders With Respect to Iran and 
                                 Syria

    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 find that efforts by foreign persons to engage in 
activities intended to evade U.S. economic and financial 
sanctions with respect to Iran and Syria undermine our efforts 
to address the national emergencies declared in Executive Order 
12957 of March 15, 1995, as relied on for additional steps in 
subsequent Executive Orders, in Executive Order 13338 of May 
11, 2004, as modified in scope and relied on for additional 
steps in subsequent Executive Orders, in Executive Order 12938 
of November 14, 1994, as relied on for additional steps in 
subsequent Executive Orders, and in Executive Order 13224 of 
September 23, 2001, as relied on for additional steps in 
subsequent Executive Orders, and in order to take additional 
steps pursuant to these national emergencies, I hereby order:
    Section 1. (a) The Secretary of the Treasury, in 
consultation with the Secretary of State, is hereby authorized 
to impose on a foreign person the measures described in 
subsection (b) of this section upon determining that the 
foreign person:
          (i) has violated, attempted to violate, conspired to 
        violate, or caused a violation of any license, order, 
        regulation, or prohibition contained in, or issued 
        pursuant to:
                  (A) any Executive Order relating to the 
                national emergencies declared in Executive 
                Order 12957 of March 15, 1995, or in Executive 
                Order 13338 of May 11, 2004, as modified in 
                scope in subsequent Executive Orders; or
                  (B) to the extent such conduct relates to 
                property and interests in property of any 
                person subject to United States sanctions 
                concerning Iran or Syria, Executive Order 13382 
                of June 28, 2005, any Executive Order 
                subsequent to Executive Order 13382 of June 28, 
                2005, that relates to the national emergency 
                declared in Executive Order 12938 of November 
                14, 1994, or any Executive Order relating to 
                the national emergency declared in Executive 
                Order 13224 of September 23, 2001;
          (ii) has facilitated deceptive transactions for or on 
        behalf of any person subject to United States sanctions 
        concerning Iran or Syria; or
          (iii) is owned or controlled by, or is acting or 
        purporting to act for or on behalf of, directly or 
        indirectly, any person determined to meet the criteria 
        set forth in subsection (a) of this section.
    (b) With respect to any foreign person determined to meet 
the criteria set forth in subsection (a) of this section, the 
Secretary of the Treasury may prohibit all transactions or 
dealings, whether direct or indirect, involving such person, 
including any exporting, reexporting, importing, selling, 
purchasing, transporting, swapping, brokering, approving, 
financing, facilitating, or guaranteeing, in or related to (i) 
any goods, services, or technology in or intended for the 
United States, or (ii) any goods, services, or technology 
provided by or to United States persons, wherever located.
    (c) The prohibitions in subsection (b) 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. 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 
subject to the measures described in section 1 of this order 
would seriously impair my ability to deal with the 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 
subject to the measures described in 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 determined 
to meet one or more of the criteria in subsection 1(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. 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 ``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 ``deceptive transaction'' means any 
transaction where the identity of any person subject to United 
States sanctions concerning Iran or Syria is withheld or 
obscured from other participants in the transaction or any 
relevant regulatory authorities;
    (e) the term ``person subject to United States sanctions 
concerning Iran or Syria'' means (i) any person, including the 
Government of Iran or the Government of Syria, with whom 
transactions are restricted pursuant to any Executive Order 
relating to the national emergencies declared in Executive 
Order 12957 of March 15, 1995, or in Executive Order 13338 of 
May 11, 2004, as modified in scope in subsequent Executive 
Orders, or (ii) any person whose property and interests in 
property are blocked pursuant to IEEPA in connection with 
Iran's or Syria's proliferation of weapons of mass destruction 
or delivery systems for weapons of mass destruction, or Iran's 
or Syria's support for international terrorism;
    (f) 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
    (g) the term ``Government of Syria'' means the Government 
of the Syrian Arab Republic, its agencies, instrumentalities, 
and controlled entities.
    Sec. 8. For those persons subject to the measures described 
in section 1 of 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 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. 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 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.

                                                      Barack Obama.
    The White House, May 1, 2012.

                                  
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