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Executive Orders
Executive
Order Reimposing Certain Sanctions with Respect to Iran
Foreign Policy
Issued on: August 6, 2018
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.) (NEA),
the Iran Sanctions Act of 1996 (Public Law
104-172) (50 U.S.C. 1701 note), as amended (ISA),
the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (Public Law 111-195) (22 U.S.C. 8501
et seq.), as amended (CISADA),
the Iran Threat Reduction and Syria
Human rights Act of 2012 (Public Law 112-158) (TRA),
the Iran Freedom and
Counter-Proliferation Act of 2012 (subtitle D of title XII of Public Law
112-239) (22 U.S.C. 8801 et seq.) (IFCA),
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, in order to take additional steps with respect to the national
emergency declared in Executive Order 12957 of March 15, 1995,
I, DONALD J. TRUMP, President of the
United States of America, in light of my decision on May 8, 2018, to cease the
participation of the United States in the Joint Comprehensive Plan of Action of
July 14, 2015 (JCPOA),
and to re-impose all sanctions
lifted or waived in connection with the JCPOA as expeditiously as possible and
in no case later than 180 days from May 8, 2018, as outlined in the National
Security Presidential Memorandum-11 of May 8,
2018 (Ceasing United States Participation
in the Joint Comprehensive Plan of Action and Taking Additional Action to
Counter Iran’s Malign Influence and Deny Iran All Paths to a Nuclear Weapon),
and to advance the goal of applying
financial pressure on the Iranian regime in pursuit of a comprehensive and
lasting solution to the full range of the threats posed by Iran,
including Iran’s proliferation and
development of missiles and other asymmetric and conventional weapons
capabilities, its network and campaign of regional aggression, its support for
terrorist groups, and the malign activities of the Islamic Revolutionary Guard
Corps and its surrogates, hereby order as follows:
Section 1. Blocking Sanctions Relating to
Support for the Government of Iran’s Purchase or Acquisition of U.S. Bank Notes
or Precious Metals;
Certain Iranian Persons; and Iran’s
Energy, Shipping, and Shipbuilding Sectors and Port Operators. (a) The
Secretary of the Treasury, in consultation with the Secretary of State, is
hereby authorized to impose on a person the measures described in subsection
(b) of this section upon determining that:
(i) on or after August 7, 2018, the person
has materially assisted, sponsored, or provided financial, material, or
technological support for, or goods or services in support of, the purchase or
acquisition of U.S. bank notes or precious metals by the Government of Iran;
(ii) on or after November 5, 2018, the
person has materially assisted, sponsored, or provided financial, material, or
technological support for, or goods or services in support of, the National
Iranian Oil Company (NIOC), Naftiran Intertrade Company (NICO), or the Central
Bank of Iran;
(iii) on or after November 5, 2018, the
person has materially assisted, sponsored, or provided financial, material, or
technological support for, or goods or services to or in support of:
(A) any Iranian person included on the
list of Specially Designated Nationals and Blocked Persons maintained by the
Office of Foreign Assets Control (SDN List) (other than an Iranian depository
institution whose property and interests in property are blocked solely
pursuant to Executive Order 13599 of February 5, 2012); or
(B) any other person included on the SDN
List whose property and interests in property are blocked pursuant to
subsection (a) of this section or Executive Order 13599 (other than an Iranian
depository institution whose property and interests in property are blocked
solely pursuant to Executive Order 13599); or
(iv) pursuant to authority delegated by
the President and in accordance with the terms of such delegation, sanctions
shall be imposed on such person pursuant to section 1244(c)(1)(A) of IFCA
because the person:
(A) is part of the energy, shipping, or
shipbuilding sectors of Iran;
(B) operates a port in Iran; or
(C) knowingly provides significant
financial, material, technological, or other support to, or goods or services
in support of any activity or transaction on behalf of a person determined
under section 1244(c)(2)(A) of IFCA to be a part of the energy, shipping, or
shipbuilding sectors of Iran; a person determined under section 1244(c)(2)(B)
of IFCA to operate a port in Iran; or an Iranian person included on the SDN
List (other than a person described in section 1244(c)(3) of IFCA).
(b) With respect to any person determined
by the Secretary of the Treasury in accordance with this section to meet any of
the criteria set forth in subsections (a)(i)-(a)(iv) of this section, 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 such person are
blocked and may not be transferred, paid, exported, withdrawn, or otherwise
dealt in.
(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 effective date of this order or, where specifically
provided, the effective date of the prohibition.
Sec. 2. Correspondent and Payable-Through
Account Sanctions Relating to Iran’s Automotive Sector;
Certain Iranian Persons; and Trade in
Iranian Petroleum, Petroleum Products, and Petrochemical Products. (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 knowingly conducted or facilitated any significant
financial transaction:
(i) on or after August 7, 2018, for the
sale, supply, or transfer to Iran of significant goods or services used in
connection with the automotive sector of Iran;
(ii) on or after November 5, 2018, on
behalf of any Iranian person included on the SDN List (other than an Iranian
depository institution whose property and interests in property are blocked
solely pursuant to Executive Order 13599) or any other person included on the
SDN List whose property and interests in property are blocked pursuant to
subsection 1(a) of this order or Executive Order 13599 (other than an Iranian
depository institution whose property and interests in property are blocked
solely pursuant to Executive Order 13599);
(iii) on or after November 5, 2018, with
NIOC or NICO, except for a sale or provision to NIOC or NICO of the products described
in section 5(a)(3)(A)(i) of ISA provided that the fair market value of such
products is lower than the applicable dollar threshold specified in that
provision;
(iv) on or after November 5, 2018, for the
purchase, acquisition, sale, transport, or marketing of petroleum or petroleum
products from Iran; or
(v) on or after November 5, 2018, for the
purchase, acquisition, sale, transport, or marketing of petrochemical products
from Iran.
(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 subsections (a)(i)-(a)(v) of
this section, the Secretary of the Treasury may prohibit the opening, and
prohibit or impose strict conditions on the maintaining, in the United States
of a correspondent account or a payable-through account by such foreign
financial institution.
(c) Subsections (a)(ii)-(a)(iv) of this
section shall apply with respect to a significant financial transaction
conducted or facilitated by a foreign financial institution for the purchase of
petroleum or petroleum products from Iran only if:
(i) the President determines under
subparagraphs (4)(B) and (C) of subsection 1245(d) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) (2012 NDAA) (22
U.S.C. 8513a) that there is a sufficient supply of petroleum and petroleum
products from countries other than Iran to permit a significant reduction in
the volume of petroleum and petroleum products purchased from Iran by or
through foreign financial institutions; and
(ii) an exception under subparagraph 4(D)
of subsection 1245(d) of the 2012 NDAA from the imposition of sanctions under
paragraph (1) of that subsection does not apply.
(d) Subsection (a)(ii) of this section
shall not apply with respect to a significant financial transaction conducted
or facilitated by a foreign financial institution for the sale, supply, or
transfer to or from Iran of natural gas only if the financial transaction is
solely for trade between the country with primary jurisdiction over the foreign
financial institution and Iran, and any funds owed to Iran as a result of such
trade are credited to an account located in the country with primary
jurisdiction over the foreign financial institution.
(e) Subsections (a)(ii)-(a)(v) of this
section 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.
(f) 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 effective date of this order or, where specifically
provided, the effective date of the prohibition.
Sec. 3. “Menu-based” Sanctions Relating to
Iran’s Automotive Sector and Trade in Iranian Petroleum, Petroleum Products,
and Petrochemical Products.
(a) The Secretary of State, in
consultation with the Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Homeland Security, 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 4 or 5 of this order upon determining that the person:
(i) on or after August 7, 2018, knowingly
engaged in a significant transaction for the sale, supply, or transfer to Iran
of significant goods or services used in connection with the automotive sector
of Iran;
(ii) on or after November 5, 2018,
knowingly engaged in a significant transaction for the purchase, acquisition,
sale, transport, or marketing of petroleum or petroleum products from Iran;
(iii) on or after November 5, 2018, knowingly
engaged in a significant transaction for the purchase, acquisition, sale,
transport, or marketing of petrochemical products from Iran;
(iv) is a successor entity to a person
determined by the Secretary of State in accordance with this section to meet
any of the criteria set forth in subsections (a)(i)-(a)(iii) of this section;
(v) owns or controls a person determined
by the Secretary of State in accordance with this section to meet any of the
criteria set forth in subsections (a)(i)-(a)(iii) of this section, and had
knowledge that the person engaged in the activities referred to in those
subsections; or
(vi) is owned or controlled by, or under
common ownership or control with, a person determined by the Secretary of State
in accordance with this section to meet any of the criteria set forth in
subsections (a)(i)-(a)(iii) of this section, and knowingly participated in the
activities referred to in those subsections.
(b) Subsection (a)(ii) of this section
shall apply with respect to a person only if:
(i) the President determines under
subparagraphs (4)(B) and (C) of subsection 1245(d) of the 2012 NDAA that there
is a sufficient supply of petroleum and petroleum products from countries other
than Iran to permit a significant reduction in the volume of petroleum and
petroleum products purchased from Iran by or through foreign financial
institutions; and
(ii) an exception under subparagraph 4(D)
of subsection 1245(d) of the 2012 NDAA from the imposition of sanctions under
paragraph (1) of that subsection does not apply.
Sec. 4. Agency Implementation Authorities
for “Menu-based” Sanctions. When the Secretary of State, in accordance with the
terms of section 3 of this order, has determined that a person meets any of the
criteria described in subsections (a)(i)-(a)(vi) of that section 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, as
appropriate, 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 of the United States 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;
(b) agencies shall not issue any specific
license or grant any other specific permission or authority under any statute
or regulation 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;
(d) agencies shall not procure, or enter
into a contract for the procurement of, any goods or services from the
sanctioned person;
(e) the Secretary of State shall deny a
visa to, and the Secretary of Homeland Security shall exclude from the United
States, any alien that the Secretary of State determines is a corporate officer
or principal of, or a shareholder with a controlling interest in, a sanctioned
person; or
(f) the heads of the relevant agencies, as
appropriate, shall impose on the principal executive officer or officers, or
persons performing similar functions and with similar authorities, of a
sanctioned person the sanctions described in subsections (a)-(e) of this
section, as selected by the Secretary of State.
(g) The prohibitions in subsections
(a)-(f) 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 or, where specifically
provided, the effective date of the prohibition.
Sec. 5. Additional Implementation
Authorities for “Menu-based” Sanctions. (a) When the President, or the
Secretary of State or the Secretary of the Treasury pursuant to authority
delegated by the President and in accordance with the terms of such delegation,
has determined that sanctions described in section 6(a) of ISA shall be imposed
on a person pursuant to ISA, CISADA, TRA, or IFCA and has selected one or more
of the sanctions set forth below to impose on that person or when the Secretary
of State, in accordance with the terms of section 3 of this order, has
determined that a person meets any of the criteria described in subsections
(a)(i)-(a)(vi) of that section and has selected one or more 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 selected and maintained by the
President, the Secretary of State, or the Secretary of the Treasury:
(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 hereafter come within the United
States, or that are or hereafter come within the possession or control of any
United States person of the sanctioned person, and provide that such property
and interests in property may not be transferred, paid, exported, withdrawn, or
otherwise dealt in;
(v) prohibit any United States person from
investing in or purchasing significant amounts of equity or debt instruments of
a sanctioned person;
(vi) restrict or prohibit imports of
goods, technology, or services, directly or indirectly, into the United States
from the sanctioned person; or
(vii) impose on the principal executive
officer or officers, or persons performing similar functions and with similar
authorities, of a sanctioned person the sanctions described in subsections
(a)(i)-(a)(vi) of this section, as selected by the President or Secretary of
State or the Secretary of the Treasury, as appropriate.
(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 or, where specifically
provided, the effective date of the prohibition.
Sec. 6. Sanctions Relating to the Iranian
Rial. (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 August 7, 2018:
(i) knowingly conducted or facilitated any
significant transaction related to the purchase or sale of Iranian rials or a
derivative, swap, future, forward, or other similar contract whose value is
based on the exchange rate of the Iranian rial; or
(ii) maintained significant funds or
accounts outside the territory of Iran denominated in the Iranian rial.
(b) With respect to any foreign financial
institution determined by the Secretary of the Treasury in accordance with this
section to meet the criteria set forth in subsection (a)(i) or (a)(ii) of this
section, the Secretary of the Treasury may:
(i) prohibit the opening, and prohibit or
impose strict conditions on the maintaining, in the United States of a
correspondent account or a payable through account by such foreign financial
institution; or
(ii) block 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 such foreign financial institution, and provide that
such property and interests in property may not be transferred, paid, exported,
withdrawn, or otherwise dealt in.
(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 effective date of this order or, where specifically
provided, the effective date of the prohibition.
Sec. 7. Sanctions with Respect to the Diversion
of Goods Intended for the People of Iran, the Transfer of Goods or Technologies
to Iran that are Likely to be Used to Commit Human rights Abuses, and
Censorship. (a) The Secretary of the Treasury, in consultation with or at the
recommendation of the Secretary of State, is hereby authorized to impose on a
person the measures described in subsection (b) of this section upon
determining that the person:
(i) has engaged, on or after January 2,
2013, in corruption or other activities relating to the diversion of goods,
including agricultural commodities, food, medicine, and medical devices,
intended for the people of Iran;
(ii) has engaged, on or after January 2,
2013, in corruption or other activities relating to the misappropriation of
proceeds from the sale or resale of goods described in subsection (a)(i) of
this section;
(iii) has knowingly, on or after August
10, 2012, transferred, or facilitated the transfer of, goods or technologies to
Iran, any entity organized under the laws of Iran or otherwise subject to the
jurisdiction of the Government of Iran, or any national of Iran, for use in or
with respect to Iran, that are likely to be used by the Government of Iran or
any of its agencies or instrumentalities, or by any other person on behalf of
the Government of Iran or any of such agencies or instrumentalities, to commit
serious Human rights abuses against the people of Iran;
(iv) has knowingly, on or after August 10,
2012, provided services, including services relating to hardware, software, or
specialized information or professional consulting, engineering, or support
services, with respect to goods or technologies that have been transferred to
Iran and that are likely to be used by the Government of Iran or any of its
agencies or instrumentalities, or by any other person on behalf of the
Government of Iran or any of such agencies or instrumentalities, to commit
serious Human rights abuses against the people of Iran;
(v) has engaged in censorship or other
activities with respect to Iran on or after June 12, 2009, that prohibit,
limit, or penalize the exercise of freedom of expression or assembly by
citizens of Iran, or that limit access to print or broadcast media, including
the facilitation or support of intentional frequency manipulation by the Government
of Iran or an entity owned or controlled by the Government of Iran that would
jam or restrict an international signal;
(vi) has 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)(i)-(a)(v) of this section or any person whose property and interests in
property are blocked pursuant to this section; or
(vii) is owned or controlled by, or has
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) With respect to any person determined
by the Secretary of the Treasury in accordance with this section to meet any of
the criteria set forth in subsections (a)(i)-(a)(vii) of this section, 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 such person are
blocked and may not be transferred, paid, exported, withdrawn, or otherwise
dealt in.
(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 effective date of this order or, where specifically
provided, the effective date of the prohibition.
Sec. 8. Entities Owned or Controlled by a
United States Person and Established or Maintained Outside the United States.
(a) No entity owned or controlled by a United States person and established or
maintained outside the United States may knowingly engage in any transaction,
directly or indirectly, with the Government of Iran or any person subject to
the jurisdiction of the Government of Iran, if that transaction would be
prohibited by Executive Order 12957, Executive Order 12959 of May 6, 1995,
Executive Order 13059 of August 19, 1997, Executive Order 13599, or sections 1
or 15 of this order, or any regulation issued pursuant to the foregoing, if the
transaction were engaged in by a United States person or in the United States.
(b) Penalties assessed for violations of
the prohibition in subsection (a) of this section, and any related violations
of section 15 of this order may be assessed against the United States person
that owns or controls the entity that engaged in the prohibited transaction.
(c) 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 or, where specifically
provided, the effective date of the prohibition, except to the extent provided
in subsection 20(c) of this order.
Sec. 9. Revoking and Superseding Prior
Executive Orders. The following Executive Orders are revoked and superseded:
(a) Executive Order 13628 of October 9,
2012 (Authorizing the Implementation of Certain Sanctions Set Forth in the Iran
Threat Reduction and Syria Human rights Act of 2012 and Additional Sanctions
With Respect to Iran); and
(b) Executive Order 13716 of January 16,
2016 (Revocation of Executive Orders 13574, 13590, 13622, and 13645 With
Respect to Iran, Amendment of Executive Order 13628 With Respect to Iran, and
Provision of Implementation Authorities for Aspects of Certain Statutory
Sanctions Outside the Scope of U.S. Commitments Under the Joint Comprehensive
Plan of Action of July 14, 2015).
Sec. 10. Natural Gas Project Exception.
Subsections 1(a), 2(a)(ii)-(a)(v), 3(a)(ii)-(a)(iii), and, with respect to a
person determined by the Secretary of State in accordance with section 3 to
meet the criteria of 3(a)(ii)-(iii), 3(a)(iv)-(vi) of this order shall not
apply with respect to any person for conducting or facilitating a transaction
involving a project described in subsection (a) of section 603 of TRA to which
the exception under that section applies.
Sec. 11. Donations. 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 types of articles specified in such
section 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 subsections 1(b), 5(a)(iv),
6(b)(ii), and 7(b) of this order.
Sec. 12. Prohibitions. The prohibitions in
subsections 1(b), 5(a)(iv), 6(b)(ii), and 7(b) 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. 13. Entry into the United States. The
unrestricted immigrant and nonimmigrant entry into the United States of aliens
determined to meet one or more of the criteria in subsections 1(a), 3(a), and
7(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. 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. 14. General Authorities. The
Secretary of the Treasury, in consultation with the Secretary of State, is
hereby authorized to take such actions, including adopting rules and
regulations, to employ all powers granted to me by IEEPA and sections 6(a)(6),
6(a)(7), 6(a)(8), 6(a)(9), 6(a)(11), and 6(a)(12) of ISA, and to employ all
powers granted to the United States Government by section 6(a)(3) of ISA, as
may be necessary to carry out the purposes of this order, other than the
purposes described in sections 3, 4, and 13 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 agencies of the United States shall
take all appropriate measures within their authority to implement this order.
Sec. 15. Evasion and Conspiracy. (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 or in Executive Order 12957, Executive Order 12959, Executive
Order 13059, or Executive Order 13599 is prohibited.
(b) Any conspiracy formed to violate any
of the prohibitions set forth in this order or in Executive Order 12957,
Executive Order 12959, Executive Order 13059, or Executive Order 13599 is
prohibited.
Sec. 16. Definitions. For the purposes of
this order:
(a) the term “automotive sector of Iran”
means the manufacturing or assembling in Iran of light and heavy vehicles
including passenger cars, trucks, buses, minibuses, pick-up trucks, and
motorcycles, as well as original equipment manufacturing and after-market parts
manufacturing relating to such vehicles;
(b) the term “entity” means a partnership,
association, trust, joint venture, corporation, group, subgroup, or other
organization;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) the term “Iranian depository
institution” means any entity (including foreign branches), wherever located,
organized under the laws of Iran or any jurisdiction within Iran, or owned or
controlled by the Government of Iran, or in Iran, or owned or controlled by any
of the foregoing, that is engaged primarily in the business of banking (for
example, banks, savings banks, savings associations, credit unions, trust
companies, and bank holding companies);
(h) the term “Iranian person” means an
individual who is a citizen or national of Iran or an entity organized under
the laws of Iran or otherwise subject to the jurisdiction of the Government of
Iran;
(i) the terms “knowledge” and “knowingly,”
with respect to conduct, a circumstance, or a result, mean that a person has
actual knowledge, or should have known, of the conduct, the circumstance, or
the result;
(j) the terms “Naftiran Intertrade
Company” and “NICO” mean the Naftiran Intertrade Company Ltd. and any entity
owned or controlled by, or operating for or on behalf of, the Naftiran
Intertrade Company Ltd.;
(k) the terms “National Iranian Oil
Company” and “NIOC” mean the National Iranian Oil Company and any entity owned
or controlled by, or operating for or on behalf of, the National Iranian Oil
Company;
(l) the term “person” means an individual
or entity;
(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;
(n) the term “petroleum” (also known as
crude oil) means a mixture of hydrocarbons that exists in liquid phase in
natural underground reservoirs and remains liquid at atmospheric pressure after
passing through surface separating facilities;
(o) the term “petroleum products” includes
unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline,
motor gasoline, naphtha-type jet fuel, kerosene-type jet fuel, kerosene,
distillate fuel oil, residual fuel oil, petrochemical feedstocks, special
naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, and
miscellaneous products obtained from the processing of: crude oil (including
lease condensate), natural gas, and other hydrocarbon compounds. The term does
not include natural gas, liquefied natural gas, biofuels, methanol, and other
non-petroleum fuels;
(p) the term “sanctioned person” means a
person that the President, or the Secretary of State or the Secretary of the
Treasury pursuant to authority delegated by the President and in accordance
with the terms of such delegation, has determined is a person on whom sanctions
described in section 6(a) of ISA shall be imposed pursuant to ISA, CISADA, TRA,
or IFCA, and on whom the President, the Secretary of State, or the Secretary of
the Treasury has imposed any of the sanctions in section 6(a) of ISA or a
person on whom the Secretary of State, in accordance with the terms of section
3 of this order, has decided to impose sanctions pursuant to section 3 of this
order;
(q) the term “subject to the jurisdiction
of the Government of Iran” means a person organized under the laws of Iran or
any jurisdiction within Iran, ordinarily resident in Iran, or in Iran, or owned
or controlled by any of the foregoing;
(r) the term “United States financial
institution” means a financial institution as defined in subsection (c) of this
section (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; and
(s) 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. 17. Notice. 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 subsections 1(b), 5(a)(iv), 6(b)(ii), and 7(b) of this order.
Sec. 18. Delegation to Implement Section
104A of CISADA. 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 me by
IEEPA, as may be necessary to carry out section 104A of CISADA (22 U.S.C. 8513b).
The Secretary of the Treasury may, consistent with applicable law, redelegate
any of these functions within the Department of the Treasury.
Sec. 19. Rights. 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. 20. Effect on Actions or Proceedings,
Blocked Property, and Regulations, Orders, Directives, and Licenses. (a)
Pursuant to section 202 of the NEA (50 U.S.C. 1622), the revocation of
Executive Orders 13716 and 13628 as set forth in section 9 of this order, shall
not affect any action taken or proceeding pending not finally concluded or
determined as of the effective date of this order, or any action or proceeding
based on any act committed prior to the effective date of this order, or any
rights or duties that matured or penalties that were incurred prior to the
effective date of this order.
(b) Except to the extent provided in
statutes or 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, the
following are blocked and may not be transferred, paid, exported, withdrawn, or
otherwise dealt in: all property and interests in property that were blocked
pursuant to Executive Order 13628 and remained blocked immediately prior to the
effective date of this order.
(c) Except to the extent provided in
regulations, orders, directives, or licenses that may be issued pursuant to
this order, all regulations, orders, directives, or licenses that were issued
pursuant to Executive Order 13628 and remained in effect immediately prior to
the effective date of this order are hereby authorized to remain in effect —
subject to their existing terms and conditions — pursuant to this order, which
continues in effect certain sanctions set forth in Executive Order 13628.
Sec. 21. Relationship to Algiers Accords.
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. 22. Effective Date. This order is
effective 12:01 a.m. eastern daylight time on August 7, 2018.
DONALD J. TRUMP
THE WHITE HOUSE,
August 6, 2018.
#قیام_دیماه#اعتصاب #تظاهرات_سراسری #قیام سراسری #اتحاد #آزادی#ما براندازیم #آ#ايران
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