Imposing Sanctions With Respect to the Iron, Steel, Aluminum, and Copper Sectors of Iran

Citation84 FR 20761
Published date10 May 2019
Record Number2019-09877
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 84 Issue 91 (Friday, May 10, 2019)
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
                [Presidential Documents]
                [Pages 20761-20764]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-09877]
                [[Page 20759]]
                Vol. 84
                Friday,
                No. 91
                May 10, 2019
                Part IVThe President-----------------------------------------------------------------------
                Executive Order 13871--Imposing Sanctions With Respect to the Iron,
                Steel, Aluminum, and Copper Sectors of Iran
                 Presidential Documents
                Federal Register / Vol. 84 , No. 91 / Friday, May 10, 2019 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 20761]]
                 Executive Order 13871 of May 8, 2019
                
                Imposing Sanctions With Respect to the Iron,
                 Steel, Aluminum, and Copper Sectors of Iran
                 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 (8 U.S.C. 1182(f)), and section 301 of title 3,
                 United States Code, I, DONALD J. TRUMP, President of
                 the United States of America, find that:
                 It remains the policy of the United States to deny Iran
                 all paths to both a nuclear weapon and intercontinental
                 ballistic missiles, and to counter the totality of
                 Iran's malign influence in the Middle East. It is also
                 the policy of the United States to deny the Iranian
                 government revenue, including revenue derived from the
                 export of products from Iran's iron, steel, aluminum,
                 and copper sectors, that may be used to provide funding
                 and support for the proliferation of weapons of mass
                 destruction, terrorist groups and networks, campaigns
                 of regional aggression, and military expansion.
                 In light of these findings and in order to take further
                 steps with respect to the national emergency declared
                 in Executive Order 12957 of March 15, 1995, and to
                 supplement the authorities provided in the Iran Freedom
                 and Counter-Proliferation Act of 2012 (subtitle D of
                 title XII of Public Law 112-239), 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 of the following persons are blocked and may not
                 be transferred, paid, exported, withdrawn, or otherwise
                 dealt in: any person determined by the Secretary of the
                 Treasury, in consultation with the Secretary of State:
                (i) to be operating in the iron, steel, aluminum, or copper sector of Iran,
                or to be a person that owns, controls, or operates an entity that is part
                of the iron, steel, aluminum, or copper sector of Iran;
                (ii) to have knowingly engaged, on or after the date of this order, in a
                significant transaction for the sale, supply, or transfer to Iran of
                significant goods or services used in connection with the iron, steel,
                aluminum, or copper sectors of Iran;
                (iii) to have knowingly engaged, on or after the date of this order, in a
                significant transaction for the purchase, acquisition, sale, transport, or
                marketing of iron, iron products, aluminum, aluminum products, steel, steel
                products, copper, or copper products from Iran;
                (iv) to have materially assisted, sponsored, or provided financial,
                material, or technological support for, or goods or services in support of
                any person whose property and interests in property are blocked pursuant to
                this section; or
                (v) 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 section.
                 (b) The prohibitions in this section apply except
                 to the extent provided by statutes, or in regulations,
                 orders, directives, or licenses that may be
                [[Page 20762]]
                 issued pursuant to this order, and notwithstanding any
                 contract entered into or any license or permit granted
                 before the date of this order.
                 Sec. 2. (a) The Secretary of the Treasury, in
                 consultation with the Secretary of State, is hereby
                 authorized to impose on a foreign financial institution
                 the sanctions described in subsection (b) of this
                 section upon determining that the foreign financial
                 institution has, on or after the date of this order,
                 knowingly conducted or facilitated any significant
                 financial transaction:
                (i) for the sale, supply, or transfer to Iran of significant goods or
                services used in connection with the iron, steel, aluminum, or copper
                sectors of Iran;
                (ii) for the purchase, acquisition, sale, transport, or marketing of iron,
                iron products, aluminum, aluminum products, steel, steel products, copper,
                or copper products from Iran; or
                (iii) for or on behalf of any person whose property and interests in
                property are blocked pursuant to this order.
                 (b) With respect to any foreign financial
                 institution determined by the Secretary of the Treasury
                 in accordance with this section to meet any of the
                 criteria set forth in subsection (a)(i) through
                 (a)(iii) of this section, the Secretary of the Treasury
                 may prohibit the opening, and prohibit or impose strict
                 conditions on maintaining, in the United States of a
                 correspondent account or payable-through account by
                 such foreign financial institution.
                 (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 before the date of this
                 order.
                 Sec. 3. I hereby determine that the making of donations
                 of the types 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 national
                 emergency declared in Executive Order 12957, and I
                 hereby prohibit such donations as provided by this
                 section.
                 Sec. 4. The prohibitions in section 1 of this order
                 include:
                 (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 subsection (a) of that section; and
                 (b) the receipt of any contribution or provision of
                 funds, goods, or services from any such person.
                 Sec. 5. 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 the entry of such persons into the
                 United States, as immigrants or nonimmigrants, is
                 therefore hereby suspended. 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. 6. (a) Any transaction 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. 7. Nothing in this order shall apply to
                 transactions for the conduct of the official business
                 of the Federal Government or the United Nations
                 (including its specialized agencies, programmes, funds,
                 and related organizations) by employees, grantees, or
                 contractors thereof.
                 Sec. 8. For the purposes of this order:
                [[Page 20763]]
                 (a) the term ``entity'' means a partnership,
                 association, trust, joint venture, corporation, group,
                 subgroup, or other organization;
                 (b) the term ``foreign financial institution''
                 means any foreign entity that is engaged in the
                 business of accepting deposits, making, granting,
                 transferring, holding, or brokering loans or credits,
                 or purchasing or selling foreign exchange, securities,
                 commodity futures or options, or procuring purchasers
                 and sellers thereof, as principal or agent. It
                 includes, but is not limited to, depository
                 institutions, banks, savings banks, money service
                 businesses, trust companies, securities brokers and
                 dealers, commodity futures and options brokers and
                 dealers, forward contract and foreign exchange
                 merchants, securities and commodities exchanges,
                 clearing corporations, investment companies, employee
                 benefit plans, dealers in precious metals, stones, or
                 jewels, and holding companies, affiliates, or
                 subsidiaries of any of the foregoing. The term does not
                 include the international financial institutions
                 identified in 22 U.S.C. 262r(c)(2), the International
                 Fund for Agricultural Development, the North American
                 Development Bank, or any other international financial
                 institution so notified by the Secretary of the
                 Treasury;
                 (c) the term ``Government of Iran'' includes 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;
                 (d) 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 sovereignty, 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 arrangements;
                 (e) the term ``knowingly,'' with respect to
                 conduct, a circumstance, or a result, means that a
                 person has actual knowledge, or should have known, of
                 the conduct, the circumstance, or the result;
                 (f) the term ``person'' means an individual or
                 entity; and
                 (g) 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.
                 Sec. 9. 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 national emergency declared
                 in Executive Order 12957, there need be no prior notice
                 of a listing or determination made pursuant to section
                 1 of this order.
                 Sec. 10. The Secretary of the Treasury, in consultation
                 with the Secretary of State, is hereby authorized to
                 take such actions, including adopting rules and
                 regulations, and to employ all powers granted to the
                 President by IEEPA as may be necessary to implement
                 this order. The Secretary of the Treasury may,
                 consistent with applicable law, redelegate any of these
                 functions within the Department of the Treasury. All
                 agencies shall take all appropriate measures within
                 their authority to implement this order.
                 Sec. 11. (a) Nothing in this order shall be construed
                 to impair or otherwise affect:
                (i) the authority granted by law to an executive department or agency, or
                the head thereof; or
                (ii) the functions of the Director of the Office of Management and Budget
                relating to budgetary, administrative, or legislative proposals.
                [[Page 20764]]
                 (b) This order shall be implemented consistent with
                 applicable law and subject to the availability of
                 appropriations.
                 (c) 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 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.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 May 8, 2019.
                [FR Doc. 2019-09877
                Filed 5-9-19; 11:15 am]
                Billing code 3295-F9-P
                

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