Imposing Sanctions With Respect to Additional Sectors of Iran

Published date14 January 2020
Citation85 FR 2003
Record Number2020-00534
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 85 Issue 9 (Tuesday, January 14, 2020)
[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
                [Presidential Documents]
                [Pages 2003-2006]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-00534] Presidential Documents
                Federal Register / Vol. 85 , No. 9 / Tuesday, January 14, 2020 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 2003]]
                 Executive Order 13902 of January 10, 2020
                
                Imposing Sanctions With Respect to Additional
                 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.)
                 (NEA), 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 Iran continues to be the world's
                 leading sponsor of terrorism and that Iran has
                 threatened United States military assets and civilians
                 through the use of military force and support to
                 Iranian-backed militia groups. It remains the policy of
                 the United States to deny Iran all paths to a nuclear
                 weapon and intercontinental ballistic missiles, and to
                 counter the totality of Iran's malign influence in the
                 region. In furtherance of these objectives, it is the
                 policy of the United States to deny the Iranian
                 government revenues, including revenues derived from
                 the export of products from key sectors of Iran's
                 economy, that may be used to fund and support its
                 nuclear program, missile development, terrorism and
                 terrorist proxy networks, and malign regional
                 influence.
                 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, 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 operate in the construction, mining, manufacturing, or textiles
                sectors of the Iranian economy, or any other sector of the Iranian economy
                as may be determined by the Secretary of the Treasury, in consultation with
                the Secretary of State;
                (ii) to have knowingly engaged, on or after the date of this order, in a
                significant transaction for the sale, supply, or transfer to or from Iran
                of significant goods or services used in connection with a sector of the
                Iranian economy specified in, or determined by the Secretary of the
                Treasury, in consultation with the Secretary of State, pursuant to,
                subsection (a)(i) of this section;
                (iii) to have materially assisted, sponsored, or provided financial,
                material, or technological support for, or goods or services to or in
                support of, any person whose property and interests in property are blocked
                pursuant to this order; or
                (iv) 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 order.
                 (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 2004]]
                 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 or from Iran of significant goods
                or services used in connection with a sector of the Iranian economy
                specified in, or determined by the Secretary of the Treasury, in
                consultation with the Secretary of State, pursuant to, section 1(a)(i) of
                this order; or
                (ii) for or on behalf of any person whose property and interests in
                property are blocked pursuant to section 1 of this order.
                 (b) With respect to any foreign financial
                 institution determined by the Secretary of the
                 Treasury, in consultation with the Secretary of State,
                 in accordance with this section to meet the criteria
                 set forth in subsection (a) of this section, the
                 Secretary of the Treasury may prohibit the opening, and
                 prohibit or impose strict conditions on the
                 maintaining, in the United States of a correspondent
                 account or a 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. The unrestricted immigrant and nonimmigrant
                 entry into the United States of aliens determined to
                 meet one or more of the criteria in section 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
                 hereby suspended, except where the Secretary of State
                 determines that the person's entry would not be
                 contrary to the interests of the United States,
                 including when the Secretary so determines, based on a
                 recommendation of the Attorney General, that the
                 person's entry would further important United States
                 law enforcement objectives. In exercising this
                 responsibility, the Secretary of State shall consult
                 the Secretary of Homeland Security on matters related
                 to admissibility or inadmissibility within the
                 authority of the Secretary of Homeland Security. Such
                 persons shall be treated in the same manner 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). The Secretary
                 of State shall have the responsibility for implementing
                 this section pursuant to such conditions and procedures
                 as the Secretary has established or may establish
                 pursuant to Proclamation 8693.
                 Sec. 4. 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 section 1 of this
                 order would seriously impair the President's ability to
                 deal with the national emergency declared in Executive
                 Order 12957, and I hereby prohibit such donations as
                 provided by section 1 of this order.
                 Sec. 5. 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 this order; and
                 (b) the receipt of any contribution or provision of
                 funds, goods, or services from any such person.
                [[Page 2005]]
                 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. For the purposes of this order:
                 (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. The term
                 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. 8. 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 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, consistent with applicable law,
                 redelegate any of these functions within the Department
                 of the Treasury. All departments and agencies of the
                 United States shall take all appropriate measures
                 within their authority to implement this order.
                [[Page 2006]]
                 Sec. 10. (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.
                 (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. 11. This order shall not apply with respect to any
                 person for conducting or facilitating a transaction for
                 the provision (including any sale) of agricultural
                 commodities, food, medicine, or medical devices to
                 Iran.
                 Sec. 12. Nothing in this order shall prohibit
                 transactions for the conduct of the official business
                 of the United Nations (including its specialized
                 agencies, programmes, funds, and related organizations)
                 by employees, grantees, or contractors thereof.
                 Sec. 13. 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,
                 January 10, 2020.
                [FR Doc. 2020-00534
                Filed 1-13-20; 8:45 am]
                Billing code 3295-F0-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT