Presidential DocumentExecutive Order 139492020-21160
Blocking Property of Certain Persons With Respect to the Conventional Arms Activities of Iran
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 23, 2020
Signed
September 21, 2020
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 85 Issue 185 (Wednesday, September 23, 2020)</title>
</head>
<body><pre>
[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Presidential Documents]
[Pages 60043-60046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-21160]
Presidential Documents
Federal Register / Vol. 85 , No. 185 / Wednesday, September 23, 2020
/ Presidential Documents
[[Page 60043]]
Executive Order 13949 of September 21, 2020
Blocking Property of Certain Persons With Respect
to the Conventional Arms Activities of Iran
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44), 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 counter
Iran's malign influence in the Middle East, including
transfers from Iran of destabilizing conventional
weapons and acquisition of arms and related materiel by
Iran. Transfers to and from Iran of arms or related
materiel or military equipment represent a continuing
threat to regional and international security--as
evidenced by Iran's continued military support that
fuels ongoing conflict in Syria, Lebanon, Iraq, and
Yemen. Iran benefits from engaging in the conventional
arms trade by strengthening its relationships with
other outlier regimes, lessening its international
isolation, and deriving revenue that it uses to support
terror groups and fund malign activities. In light of
these findings and in order to take additional steps
with respect to the national emergency declared in
Executive Order 12957 of March 15, 1995 (Prohibiting
Certain Transactions with Respect to the Development of
Iranian Petroleum Resources), 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:
(i) any person determined by the Secretary of State, in consultation with
the Secretary of the Treasury, to engage in any activity that materially
contributes to the supply, sale, or transfer, directly or indirectly, to or
from Iran, or for the use in or benefit of Iran, of arms or related
materiel, including spare parts;
(ii) any person determined by the Secretary of State, in consultation with
the Secretary of the Treasury, to provide to Iran any technical training,
financial resources or services, advice, other services, or assistance
related to the supply, sale, transfer, manufacture, maintenance, or use of
arms and related materiel described in subsection (a)(i) of this section;
(iii) any person determined by the Secretary of State, in consultation with
the Secretary of the Treasury, to have engaged, or attempted to engage, in
any activity that materially contributes to, or poses a risk of materially
contributing to, the proliferation of arms or related materiel or items
intended for military end-uses or military end-users, including any efforts
to manufacture, acquire, possess, develop, transport, transfer, or use such
items, by the Government of Iran (including persons owned or controlled by,
or acting for or on behalf of the Government of Iran) or paramilitary
organizations financially or militarily supported by the Government of
Iran;
[[Page 60044]]
(iv) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State, 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
(v) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State, 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 before the date of this
order.
(c) The prohibitions in subsection (a) of this
section do not apply to property and interests in
property of the Government of Iran that were blocked
pursuant to Executive Order 12170 of November 14, 1979
(Blocking Iranian Government Property), and thereafter
made subject to the transfer directives set forth in
Executive Order 12281 of January 19, 1981 (Direction to
Transfer Certain Iranian Government Assets), and
implementing regulations thereunder.
Sec. 2. 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.
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 of State has established or may
establish pursuant to Proclamation 8693.
Sec. 4. (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. 5. 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 section 1
of this order.
Sec. 6. For the purposes of this order:
[[Page 60045]]
(a) the term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(b) 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;
(c) the term ``Iran'' means the Government of Iran
and the territory of Iran;
(d) the term ``person'' means an individual or
entity; and
(e) 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. 7. 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. 8. 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 carry out the provisions of
this order.
Sec. 9. 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. 10. Nothing in this order shall prohibit
transactions for the conduct of the official business
of the United States Government or the United Nations
(including its specialized agencies, programs, funds,
and related organizations) by employees, grantees, or
contractors thereof.
Sec. 11. 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. 12. (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.
[[Page 60046]]
(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
September 21, 2020.
[FR Doc. 2020-21160
Filed 9-22-20; 11:15 am]
Billing code 3295-F0-P
</pre></body>
</html>Indexed from Federal Register on September 23, 2020.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.