Presidential DocumentExecutive Order 138712019-09877
Imposing Sanctions With Respect to the Iron, Steel, Aluminum, and Copper Sectors of Iran
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Published
May 10, 2019
Signed
May 8, 2019
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 84 Issue 91 (Friday, May 10, 2019)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-09877]
[[Page 20759]]
Vol. 84
Friday,
No. 91
May 10, 2019
Part IV
The President
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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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(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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</html>Indexed from Federal Register on May 10, 2019.
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