Presidential DocumentExecutive Order 136082012-10884
Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria
Primary source
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Published
May 3, 2012
Signed
May 1, 2012
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 77 Issue 86 (Thursday, May 3, 2012)</title>
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[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Presidential Documents]
[Pages 26409-26411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-10884]
[[Page 26407]]
Vol. 77
Thursday,
No. 86
May 3, 2012
Part III
The President
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Executive Order 13608--Prohibiting Certain Transactions With and
Suspending Entry Into the United States of Foreign Sanctions Evaders
With Respect to Iran and Syria
Presidential Documents
Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 26409]]
Executive Order 13608 of May 1, 2012
Prohibiting Certain Transactions With and
Suspending Entry Into the United States of Foreign
Sanctions Evaders With Respect to Iran and Syria
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 find that efforts by foreign persons to
engage in activities intended to evade U.S. economic
and financial sanctions with respect to Iran and Syria
undermine our efforts to address the national
emergencies declared in Executive Order 12957 of March
15, 1995, as relied on for additional steps in
subsequent Executive Orders, in Executive Order 13338
of May 11, 2004, as modified in scope and relied on for
additional steps in subsequent Executive Orders, in
Executive Order 12938 of November 14, 1994, as relied
on for additional steps in subsequent Executive Orders,
and in Executive Order 13224 of September 23, 2001, as
relied on for additional steps in subsequent Executive
Orders, and in order to take additional steps pursuant
to these national emergencies, I hereby order:
Section 1. (a) The Secretary of the Treasury, in
consultation with the Secretary of State, is hereby
authorized to impose on a foreign person the measures
described in subsection (b) of this section upon
determining that the foreign person:
(i) has violated, attempted to violate, conspired to violate, or caused a
violation of any license, order, regulation, or prohibition contained in,
or issued pursuant to:
(A) any Executive Order relating to the national emergencies declared in
Executive Order 12957 of March 15, 1995, or in Executive Order 13338 of May
11, 2004, as modified in scope in subsequent Executive Orders; or
(B) to the extent such conduct relates to property and interests in
property of any person subject to United States sanctions concerning Iran
or Syria, Executive Order 13382 of June 28, 2005, any Executive Order
subsequent to Executive Order 13382 of June 28, 2005, that relates to the
national emergency declared in Executive Order 12938 of November 14, 1994,
or any Executive Order relating to the national emergency declared in
Executive Order 13224 of September 23, 2001;
(ii) has facilitated deceptive transactions for or on behalf of any person
subject to United States sanctions concerning Iran or Syria; or
(iii) is owned or controlled by, or is acting or purporting to act for or
on behalf of, directly or indirectly, any person determined to meet the
criteria set forth in subsection (a) of this section.
(b) With respect to any foreign person determined
to meet the criteria set forth in subsection (a) of
this section, the Secretary of the Treasury may
prohibit all transactions or dealings, whether direct
or indirect, involving such person, including any
exporting, reexporting, importing, selling, purchasing,
transporting, swapping, brokering, approving,
financing, facilitating,
[[Page 26410]]
or guaranteeing, in or related to (i) any goods,
services, or technology in or intended for the United
States, or (ii) any goods, services, or technology
provided by or to United States persons, wherever
located.
(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 prior to the 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 subject to the measures described
in section 1 of this order would seriously impair my
ability to deal with the 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 subject to the measures described in 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
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 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 ``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 ``deceptive transaction'' means any
transaction where the identity of any person subject to
United States sanctions concerning Iran or Syria is
withheld or obscured from other participants in the
transaction or any relevant regulatory authorities;
(e) the term ``person subject to United States
sanctions concerning Iran or Syria'' means (i) any
person, including the Government of Iran or the
Government of Syria, with whom transactions are
restricted pursuant to any Executive Order relating to
the national emergencies declared in Executive Order
12957 of March 15, 1995, or in Executive Order 13338 of
May 11, 2004, as modified in scope in subsequent
Executive Orders, or (ii)
[[Page 26411]]
any person whose property and interests in property are
blocked pursuant to IEEPA in connection with Iran's or
Syria's proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction, or
Iran's or Syria's support for international terrorism;
(f) 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
(g) the term ``Government of Syria'' means the
Government of the Syrian Arab Republic, its agencies,
instrumentalities, and controlled entities.
Sec. 8. For those persons subject to the measures
described in section 1 of 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 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. 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. 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
May 1, 2012.
[FR Doc. 2012-10884
Filed 5-2-12; 11:15 am]
Billing code 3295-F2-P
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</html>Indexed from Federal Register on May 3, 2012.
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