S5730 CONGRESSIONAL RECORD — SENATE July 31, 2012 

REPORT RELATIVE TO THE 

ISSUANCE OF AN EXECUTIVE 

ORDER TO TAKE ADDITIONAL 

STEPS WITH RESPECT TO THE 

NATIONAL EMERGENCY ORIGINALLY DECLARED ON MARCH 15, 

1995 IN EXECUTIVE ORDER 12957 

WITH RESPECT TO IRAN—PM 60 

The PRESIDING OFFICER laid before the Senate the following message 

from the President of the United 

States, together with an accompanying 

report; which was referred to the Committee on Banking, Housing, and 

Urban Affairs: 

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. 

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 the 

Comprehensive Iran Sanctions, Accountability, and Divestment Act of 

2010 (Public Law 111–195) (22 U.S.C. 8501 

et seq.) (CISADA), I issued Executive 

Order 553 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 further additional steps with respect to the threat 

posed by Iran and to provide implementing authority for a number of the 

sanctions set forth in the Iran Sanctions Act of 1996 (Public Law 104–172) 

(50 U.S.C. 1701 note) (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 further 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. Most recently, 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. 

The order takes additional steps with 

respect to the national emergency declared in Executive Order 12957, 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. Subject to certain exceptions and conditions, the order authorizes the Secretary of the Treasury 

and the Secretary of State, as set forth 

in the order, to impose sanctions on 

persons as described in the order, all as 

more fully described below. 

Section 1 of the order authorizes the 

Secretary of the Treasury, in consultation with the Secretary of State, to impose financial sanctions on foreign financial institutions determined to 

have knowingly conducted or facilitated certain significant financial 

transactions with the National Iranian 

Oil Company (NIOC) or Naftiran Intertrade Company (NICO), or for the purchase or acquisition of petroleum, petroleum products, or petrochemical 

products from Iran. 

Section 2 of the order authorizes 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, the Chairman of the Board of 

Governors of the Federal Reserve System, and other agencies and officials as 

appropriate, to impose any of a number 

of sanctions on a person upon determining that the person: knowingly engaged in a significant transaction for 

the purchase or acquisition of petroleum, petroleum products, or petrochemical products from Iran; is a successor entity to a person determined to 

meet the criterion above; owns or controls a person determined to meet the 

criterion above, and had knowledge 

that the person engaged in the activities referred to therein; or is owned or 

controlled by, or under common ownership or control with, a person determined to meet the criterion above, and 

knowingly participated in the activities referred to therein. 

Sections 3 and 4 of the order provide 

that, for persons determined to meet 

any of the criteria specified in section 

2 of the order, the heads of the relevant 

agencies, in consultation with the Secretary of State, shall implement the 

sanctions imposed by the Secretary of 

State. The sanctions provided for in 

sections 3 and 4 of the order include the 

following actions: 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; 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; for a sanctioned person that is a financial institution: 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 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; agencies shall not procure, or enter into a contract for the 

procurement of, any goods or services 

from the sanctioned person; the Secretary of the Treasury shall take actions where necessary to: 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; 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; 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; 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 restrict or 


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July 31, 2012 CONGRESSIONAL RECORD — SENATE S5731 

prohibit imports of goods, technology, 

or services, directly or indirectly, into 

the United States from the sanctioned 

person. 

Section 5 of the order authorizes the 

Secretary of the Treasury, in consultation with the Secretary of State, to 

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 any 

person upon determining that the person has materially assisted, sponsored, 

or provided financial, material, or 

technological support for, or goods or 

services in support of, NIOC, NICO, or 

the Central Bank of Iran, or the purchase or acquisition of U.S. bank notes 

or precious metals by the Government 

of Iran. 

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 sections 1, 4, and 5 of the order. 

The order was effective at 12:01 a.m. 

eastern daylight time on July 31, 2012. 

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. 

BARACK OBAMA.

THE W

f 

HITE HOUSE, July 30, 2012. 

MEASURES PLACED ON THE 

CALENDAR 

The following bills were read the second time, and placed on the calendar: 

S. 3457. A bill to require the Secretary of 

Veterans Affairs to establish a veterans jobs 

corps, and for other purposes. 

H.R. 4078. An act to provide that no agency 

may take any significant regulatory action 

until the unemployment rate is equal to or 

less than 6.0 percent. 

f 

REPORTS OF COMMITTEES 

The following reports of committees 

were submitted: 

By Mr. LIEBERMAN, from the Committee 

on Homeland Security and Governmental Affairs: 

Special Report entitled ‘‘Activities of the 

Committee on Homeland Security and Governmental Affairs During the 111th Congress’’ (Rept. No. 112-193). 

By Mr. KERRY, from the Committee on 

Foreign Relations, without amendment: 

S. 641. A bill to provide 100,000,000 people 

with first-time access to safe drinking water 

and sanitation on a sustainable basis within 

six years by improving the capacity of the 

United States Government to fully implement the Senator Paul Simon Water for the 

Poor Act of 2005 (Rept. No. 112-09194). 

By Mr. AKAKA, from the Committee on 

Indian Affairs, without amendment: 

H.R. 1560. A bill to amend the Ysleta del 

Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to 

allow the Ysleta del Sur Pueblo Tribe to determine blood quantum requirement for 

membership in that tribe. 

By Mr. LIEBERMAN, from the Committee 

on Homeland Security and Governmental Affairs, with an amendment in the nature of a 

substitute: 

S. 792. A bill to authorize the waiver of certain debts relating to assistance provided to 

individuals and households since 2005. 

By Mr. ROCKEFELLER, from the Committee on Commerce, Science, and Transportation, without amendment: 

S. 3410. A bill to extend the Undertaking 

Spam, Spyware, And Fraud Enforcement 

With Enforcers beyond Borders Act of 2006, 

and for other purposes. 

f 

EXECUTIVE REPORTS OF 

COMMITTEE 

The following executive reports of 

nominations were submitted: 

By Mr. ROCKEFELLER for the Committee 

on Commerce, Science, and Transportation. 

*National Oceanic and Atmospheric Administration nomination of Gerd F. Glang, 

to be Rear Admiral (lower half). 

*National Oceanic and Atmospheric Administration nomination of Michael S. 

Devany, to be Rear Admiral. 

*National Oceanic and Atmospheric Administration nomination of David A. Score, 

to be Rear Admiral (lower half). 

*William P. Doyle, of Pennsylvania, to be 

a Federal Maritime Commissioner for the 

term expiring June 30, 2013. 

*Michael Peter Huerta, of the District of 

Columbia, to be Administrator of the Federal Aviation Administration for the term of 

five years. 

*Patricia K. Falcone, of California, to be 

an Associate Director of the Office of 

Science and Technology Policy. 

*Nomination was reported with recommendation that it be confirmed subject to the nominee’s commitment to 

respond to requests to appear and testify before any duly constituted committee of the Senate. 

f 

EXECUTIVE REPORT OF 

COMMITTEE—TREATY 

The following executive report of 

committee was submitted: 

By Mr. KERRY, from the Committee on 

Foreign Relations: 

Treaty Doc. 112–7 Convention on the Rights 

of Persons with Disabilities with 3 reservations, 8 understandings, and 2 declarations 

(Ex. Rept. 112–6) 

TEXT OF THE COMMITTEE-RECOMMENDED RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION

Resolved, (two-thirds of the Senators present 

concurring therein), 

That the Senate advises and consents to 

the ratification of the Convention on the 

Rights of Persons with Disabilities, adopted 

by the United Nations General Assembly on 

December 13, 2006, and signed by the United 

States of America on June 30, 2009 (‘‘the Convention’’) (Treaty Doc. 112–7), subject to the 

reservations of subsection (a), the understandings of subsection (b), and the declarations of subsection (c). 

(a) Reservations.—The advice and consent 

of the Senate to the ratification of the Convention is subject to the following reservations, which shall be included in the instrument of ratification: 

(1) This Convention shall be implemented 

by the Federal Government of the United 

States of America to the extent that it exercises legislative and judicial jurisdiction 

over the matters covered therein, and otherwise by the state and local governments; to 

the extent that state and local governments 

exercise jurisdiction over such matters, the 

obligations of the United States of America 

under the Convention are limited to the Federal Government’s taking measures appropriate to the Federal system, which may include enforcement action against state and 

local actions that are inconsistent with the 

Constitution, the Americans with Disabilities Act, or other Federal laws, with the ultimate objective of fully implementing the 

Convention. 

(2) The Constitution and laws of the United 

States of America establish extensive protections against discrimination, reaching all 

forms of governmental activity as well as 

significant areas of non-governmental activity. Individual privacy and freedom from 

governmental interference in certain private 

conduct are also recognized as among the 

fundamental values of our free and democratic society. The United States of America 

understands that by its terms the Convention can be read to require broad regulation 

of private conduct. To the extent it does, the 

United States of America does not accept 

any obligation under the Convention to 

enact legislation or take other measures 

with respect to private conduct except as 

mandated by the Constitution and laws of 

the United States of America. 

(3) Article 15 of the Convention memorializes existing prohibitions on torture and 

other cruel, inhuman, or degrading treatment or punishment contained in Articles 2 

and 16 of the United Nations Convention 

Against Torture and other Cruel, Inhuman, 

or Degrading Treatment or Punishment 

(CAT) and in Article 7 of the International 

Covenant on Civil and Political Rights 

(ICCPR), and further provides that such protections shall be extended on an equal basis 

with respect to persons with disabilities. To 

ensure consistency of application, the obligations of the United States of America 

under Article 15 shall be subject to the same 

reservations and understandings that apply 

for the United States of America with respect to Articles 1 and 16 of the CAT and Article 7 of the ICCPR. 

(b) Understandings.—The advice and consent of the Senate to the ratification of the 

Convention is subject to the following understandings, which shall be included in the instrument of ratification: 

(1) The United States of America understands that this Convention, including Article 8 thereof, does not authorize or require 

legislation or other action that would restrict the right of free speech, expression, 

and association protected by the Constitution and laws of the United States of America. 

(2) Given that under Article 1 of the Convention ‘‘[t]he purpose of the present Convention is to promote, protect, and ensure 

the full and equal enjoyment of all human 

rights and fundamental freedoms by all persons with disabilities,’’ with respect to the 

application of the Convention to matters related to economic, social, and cultural 

rights, including in Articles 4(2), 24, 25, 27, 28 

and 30, the United States of America understands that its obligations in this respect are 

to prevent discrimination on the basis of disability in the provision of any such rights insofar as they are recognized and implemented under U.S. Federal law. 

(3) Current U.S. law provides strong protections for persons with disabilities against 

unequal pay, including the right to equal pay 

for equal work. The United States of America understands the Convention to require 


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