U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–011 2012

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 


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(1) 

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 


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• 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. 


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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; 


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(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. 


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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, 


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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. 

Æ 


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