Presidential DocumentExecutive Order 136062012-10034
Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via Information Technology
Primary source
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Published
April 24, 2012
Signed
April 22, 2012
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 77 Issue 79 (Tuesday, April 24, 2012)</title>
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[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Presidential Documents]
[Pages 24571-24574]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-10034]
[[Page 24569]]
Vol. 77
Tuesday,
No. 79
April 24, 2012
Part II
The President
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Executive Order 13606--Blocking the Property and Suspending Entry Into
the United States of Certain Persons With Respect to Grave Human Rights
Abuses by the Governments of Iran and Syria via Information Technology
Presidential Documents
Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 24571]]
Executive Order 13606 of April 22, 2012
Blocking the Property and Suspending Entry Into
the United States of Certain Persons With Respect to
Grave Human Rights Abuses by the Governments of Iran
and Syria via Information Technology
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, as amended (8 U.S.C. 1182(f)), and section 301
of title 3, United States Code,
I, BARACK OBAMA, President of the United States of
America, hereby determine that the commission of
serious human rights abuses against the people of Iran
and Syria by their governments, facilitated by computer
and network disruption, monitoring, and tracking by
those governments, and abetted by entities in Iran and
Syria that are complicit in their governments' malign
use of technology for those purposes, threaten the
national security and foreign policy of the United
States. The Governments of Iran and Syria are
endeavoring to rapidly upgrade their technological
ability to conduct such activities. Cognizant of the
vital importance of providing technology that enables
the Iranian and Syrian people to freely communicate
with each other and the outside world, as well as the
preservation, to the extent possible, of global
telecommunications supply chains for essential products
and services to enable the free flow of information,
the measures in this order are designed primarily to
address the need to prevent entities located in whole
or in part in Iran and Syria from facilitating or
committing serious human rights abuses. In order to
take additional steps with respect to the national
emergencies declared in Executive Order 12957 of March
15, 1995, as relied upon for additional steps in
subsequent Executive Orders, and in Executive Order
13338 of May 11, 2004, as modified in scope and relied
upon for additional steps in subsequent Executive
Orders, and to address the situation described above, 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, including any foreign branch, of the following
persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of State:
(A) to have operated, or to have directed the operation of, information
and communications technology that facilitates computer or network
disruption, monitoring, or tracking that could assist in or enable serious
human rights abuses by or on behalf of the Government of Iran or the
Government of Syria;
(B) to have sold, leased, or otherwise provided, directly or indirectly,
goods, services, or technology to Iran or Syria likely to be used to
facilitate computer or network disruption, monitoring, or tracking that
could assist in or enable serious human rights abuses by or on behalf of
the Government of Iran or the Government of Syria;
[[Page 24572]]
(C) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, the activities described in subsections (a)(ii)(A) and (B) of
this section or any person whose property and interests in property are
blocked pursuant to this order; or
(D) 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 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. 2. I hereby determine that the making of donations
of the type 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 two
national emergencies identified in the preamble to this
order, and I hereby prohibit such donations as provided
by section 1 of this order.
Sec. 3. The prohibitions in section 1 of this order
include but are not limited to:
(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.
Sec. 4. I hereby find that the unrestricted immigrant
and nonimmigrant entry into the United States of aliens
who meet one or more of the criteria in section 1 of
this order would be detrimental to the interests of the
United States, and I hereby suspend the entry into the
United States, as immigrants or nonimmigrants, of such
persons. 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. 5. (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. 6. Nothing in section 1 of this order shall
prohibit transactions for the conduct of the official
business of the United States Government by employees,
grantees, or contractors thereof.
Sec. 7. For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``information and communications
technology'' means any hardware, software, or other
product or service primarily intended to fulfill or
enable the function of information processing and
communication by electronic means, including
transmission and display, including via the Internet;
(c) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(d) 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;
[[Page 24573]]
(e) the term ``Government of Iran'' means 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; and
(f) the term ``Government of Syria'' means the
Government of the Syrian Arab Republic, its agencies,
instrumentalities, and controlled entities.
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 two national emergencies
identified in the preamble to this order, there need be
no prior notice of a listing or determination made
pursuant to section 1 of 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 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. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
determine that circumstances no longer warrant the
blocking of the property and interests in property of a
person listed in the Annex to this order and to take
necessary action to give effect to that determination.
Sec. 11. 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 with
respect to Iran 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. 13. This order is effective at 12:01 a.m. eastern
daylight time on April 23, 2012.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
April 22, 2012.
Billing code 3295-F2-P
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[GRAPHIC] [TIFF OMITTED] TD24AP12.007
[FR Doc. 2012-10034
Filed 4-23-12; 11:15 am]
Billing code 4811-33-C
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</html>Indexed from Federal Register on April 24, 2012.
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