<pre>[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)] [Presidential Documents] [Pages 2003-2006] From the Federal Register Online via the Government Publishing Office [<a href=”http://www.gpo.gov”>www.gpo.gov</a>] [FR Doc No: 2020-00534]
Presidential Documents
Federal Register / Vol. 85 , No. 9 / Tuesday, January 14, 2020 /
Presidential Documents
___________________________________________________________________
Title 3–
The President
Executive Order 13902 of January 10, 2020
Imposing Sanctions With Respect to Additional
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.)
(NEA), 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 Iran continues to be the world’s
leading sponsor of terrorism and that Iran has
threatened United States military assets and civilians
through the use of military force and support to
Iranian-backed militia groups. It remains the policy of
the United States to deny Iran all paths to a nuclear
weapon and intercontinental ballistic missiles, and to
counter the totality of Iran’s malign influence in the
region. In furtherance of these objectives, it is the
policy of the United States to deny the Iranian
government revenues, including revenues derived from
the export of products from key sectors of Iran’s
economy, that may be used to fund and support its
nuclear program, missile development, terrorism and
terrorist proxy networks, and malign regional
influence.
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, 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be transferred, paid, exported, withdrawn, or otherwise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 operate in the construction, mining, manufacturing, or textiles
sectors of the Iranian economy, or any other sector of the Iranian economy
as may be determined by the Secretary of the Treasury, in consultation with
the Secretary of State;
(ii) to have knowingly engaged, on or after the date of this order, in a
significant transaction for the sale, supply, or transfer to or from Iran
of significant goods or services used in connection with a sector of the
Iranian economy specified in, or determined by the Secretary of the
Treasury, in consultation with the Secretary of State, pursuant to,
subsection (a)(i) of this section;
(iii) 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
(iv) 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 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. 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 or from Iran of significant goods
or services used in connection with a sector of the Iranian economy
specified in, or determined by the Secretary of the Treasury, in
consultation with the Secretary of State, pursuant to, section 1(a)(i) of
this order; or
(ii) for or on behalf of any person whose property and interests in
property are blocked pursuant to section 1 of this order.
(b) With respect to any foreign financial
institution determined by the Secretary of the
Treasury, in consultation with the Secretary of State,
in accordance with this section to meet the criteria
set forth in subsection (a) 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) 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. 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 has established or may establish
pursuant to Proclamation 8693.
Sec. 4. 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 section 1 of this
order would seriously impair the President’s 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. 5. 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. 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. For the purposes of this order:
(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. The term
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. 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 national emergency declared
in Executive Order 12957, there need be no prior notice
of a listing or determination made pursuant to 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, 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 implement this order.
Sec. 10. (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.
(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. 11. 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. 12. Nothing in this order shall prohibit
transactions for the conduct of the official business
of the United Nations (including its specialized
agencies, programmes, funds, and related organizations)
by employees, grantees, or contractors thereof.
Sec. 13. 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.
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(Presidential Sig.)
THE WHITE HOUSE,
January 10, 2020.
[FR Doc. 2020-00534Filed 1-13-20; 8:45 am] Billing code 3295-F0-P
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