Presidential DocumentExecutive Order 135902011-30463
Authorizing the Imposition of Certain Sanctions With Respect to the Provision of Goods, Services, Technology, or Support for Iran's Energy and Petrochemical Sectors
Primary source
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Published
November 23, 2011
Signed
November 20, 2011
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 76 Issue 226 (Wednesday, November 23, 2011)</title>
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[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Presidential Documents]
[Pages 72609-72612]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-30463]
Presidential Documents
Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 /
Presidential Documents
[[Page 72609]]
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 Emergencies 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 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, 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 domestic 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
participation in an extension of credit in connection
with the export of any goods or services to the
sanctioned person;
[[Page 72610]]
(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
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;
(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, withdrawn, 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:
[[Page 72611]]
(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 institution (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 determined 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 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;
(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;
[[Page 72612]]
(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
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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</html>Indexed from Federal Register on November 23, 2011.
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