Executive Order No. 13590. Authorizing the Imposition of Certain Sanctions With Respect to the Provision of Goods, Services, Technology, or Support for Iran's Energy and Petrochemical Sectors
| Executive Order No. | 13590 |
| Published date | 23 November 2011 |
| Citation | 76 FR 72609 |
| Date | 20 November 2011 |
| Section | Presidential Documents |
| Issuer | Executive Office of the President |
72609
Presidential Documents
Executive Order 13590 of November 20, 2011
Authorizing the Imposition of Certain Sanctions With Respect
to the Provision of Goods, Services, Technology, or Support
for Iran’s Energy and Petrochemical Sectors
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.), 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. The Secretary of State, in consultation with the Secretary of
the Treasury, the Secretary of Commerce, and the United States Trade Rep-
resentative, 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, is hereby authorized to impose on a person
any of the sanctions described in section 2 or 3 of this order upon determining
that the person:
(a) knowingly, on or after the effective date of this order, sells, leases,
or provides to Iran goods, services, technology, or support that has a fair
market value of $1,000,000 or more or that, during a 12-month period,
has an aggregate fair market value of $5,000,000 or more, and that could
directly and significantly contribute to the maintenance or enhancement
of Iran’s ability to develop petroleum resources located in Iran;
(b) knowingly, on or after the effective date of this order, sells, leases,
or provides to Iran goods, services, technology, or support that has a fair
market value of $250,000 or more or that, during a 12-month period, has
an aggregate fair market value of $1,000,000 or more, and that could directly
and significantly contribute to the maintenance or expansion of Iran’s domes-
tic production of petrochemical products;
(c) is a successor entity to a person referred to in subsection (a) or
(b) of this section;
(d) owns or controls a person referred to in subsection (a) or (b) of
this section, and had actual knowledge or should have known that the
person engaged in the activities referred to in that subsection; or
(e) is owned or controlled by, or under common ownership or control
with, a person referred to in subsection (a) or (b) of this section, and
knowingly participated in the activities referred to in that subsection.
Sec. 2. When the Secretary of State, in accordance with the terms of section
1 of this order, has determined that a person meets any of the criteria
described in section 1 and has selected any of the sanctions set forth below
to impose on that person, the heads of relevant agencies, in consultation
with the Secretary of State, shall take the following actions where necessary
to implement the sanctions imposed by the Secretary of State:
(a) the Board of Directors of the Export-Import Bank shall deny approval
of the issuance of any guarantee, insurance, extension of credit, or participa-
tion in an extension of credit in connection with the export of any goods
or services to the sanctioned person;
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(b) 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;
(c) with respect to a sanctioned person that is a financial institution:
(i) 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
(ii) 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; or
(d) agencies shall not procure, or enter into a contract for the procurement
of, any goods or services from the sanctioned person.
(e) The prohibitions in subsections (a)-(d) 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. 3. (a) When the Secretary of State, in accordance with the terms of
section 1 of this order, has determined that a person has engaged in the
activities described in section 1 and has selected any of the sanctions set
forth below to impose on that person, the Secretary of the Treasury, in
consultation with the Secretary of State, shall take the following actions
where necessary to implement the sanctions imposed by the Secretary of
State:
(i) 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;
(ii) 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;
(iii) prohibit any transfers of credit or payments between financial institu-
tions 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;
(iv) 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, with-
drawn, or otherwise dealt in; or (v) restrict or prohibit imports of goods,
technology, or services, directly or indirectly, into the United States from
the sanctioned person.
(b) I hereby determine that, to the extent section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type
of articles specified in such section by, to, or for the benefit of any sanctioned
person whose property and interests in property are blocked pursuant to
subsection (a)(iv) 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)(iv) of this
section.
(c) The prohibitions in subsection (a)(iv) of this section include, but are
not limited to:
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(i) the making of any contribution or provision of funds, goods, or services
by, to, or for the benefit of any sanctioned 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 sanctioned 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. 4. (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. 5. 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 ‘‘financial institution’’ includes (i) a depository institution
(as defined in section 3(c)(1) of the Federal Deposit Insurance Act) (12
U.S.C. 1813(c)(1)), including a branch or agency of a foreign bank (as defined
in section 1(b)(7) of the International Banking Act of 1978) (12 U.S.C.
3101(7)); (ii) a credit union; (iii) a securities firm, including a broker or
dealer; (iv) an insurance company, including an agency or underwriter;
and (v) any other company that provides financial services;
(e) the term ‘‘United States financial institution’’ means a financial institu-
tion (including its foreign branches) organized under the laws of the United
States or any jurisdiction within the United States or located in the United
States;
(f) the term ‘‘sanctioned person’’ means a person on whom the Secretary
of State, in accordance with the terms of section 1 of this order, has deter-
mined to impose sanctions pursuant to section 1;
(g) the term ‘‘to develop’’ petroleum resources means to explore for, or
to extract, refine, or transport by pipeline, petroleum resources;
(h) the term ‘‘Iran’’ means the Government of Iran and the territory of
Iran and any other territory or marine area, including the exclusive economic
zone and continental shelf, over which the Government of Iran claims sov-
ereignty, sovereign rights, or jurisdiction, provided that the Government
of Iran exercises partial or total de facto control over the area or derives
a benefit from economic activity in the area pursuant to international arrange-
ments;
(i) 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;
(j) the term ‘‘knowingly,’’ with respect to a conduct, a circumstance,
or a result, means that the person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result;
(k) the term ‘‘petroleum resources’’ includes petroleum, oil, natural gas,
liquefied natural gas, and refined petroleum products;
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(l) the term ‘‘refined petroleum products’’ means diesel, gasoline, jet fuel
(including naptha-type and kerosene-type jet fuel), and aviation gasoline;
and
(m) the term ‘‘petrochemical products’’ includes any aromatic, olefin, and
synthesis gas, and any of their derivatives, including ethylene, propylene,
butadiene, benzene, toluene, xylene, ammonia, methanol, and urea.
Sec. 6. 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 section 3(a)(iv) of 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 an action taken pursuant to section
3(a)(iv) of this order.
Sec. 7. 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 section 3
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. 8. 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. 9. 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 a response to those later actions.
Sec. 10. This order is effective at 12:01 a.m. eastern standard time on
November 21, 2011.
THE WHITE HOUSE,
November 20, 2011.
[FR Doc. 2011–30463
Filed 11–22–11; 11:15 am]
Billing code 3295–F2–P
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