Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the Government of Iran and Taking Certain Other Actions, 60567-60571 [2010-24839]
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60567
Presidential Documents
Federal Register
Vol. 75, No. 190
Friday, October 1, 2010
Title 3—
Executive Order 13553 of September 28, 2010
The President
Blocking Property of Certain Persons With Respect to Serious
Human Rights Abuses by the Government of Iran and Taking
Certain Other Actions
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. 1701et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601et seq.), the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195) (CISADA),
and section 301 of title 3, United States Code, and in order to take additional
steps with respect to the national emergency declared in Executive Order
12957 of March 15, 1995,
I, BARACK OBAMA, President of the United States of America, 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, including
any overseas branch, of the following persons are blocked and may not
be transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in consultation
with or at the recommendation of the Secretary of State:
(A) to be an official of the Government of Iran or a person acting
on behalf of the Government of Iran (including members of paramilitary
organizations) who is responsible for or complicit in, or responsible for
ordering, controlling, or otherwise directing, the commission of serious
human rights abuses against persons in Iran or Iranian citizens or residents,
or the family members of the foregoing, on or after June 12, 2009, regardless
of whether such abuses occurred in Iran;
WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1
(B) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services to or in support of,
the activities described in subsection (a)(ii)(A) of this section or any person
whose property and interests in property are blocked pursuant to this
order; or
(C) 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) 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 whose property and interests in property
are blocked pursuant to subsection (a) of this section 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 subsection
(a) of this section.
(c) The prohibitions in subsection (a) of this section include but are
not limited to:
(i) 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
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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Presidential Documents
(ii) the receipt of any contribution or provision of funds, goods, or services
from any such person.
(d) 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.
Sec. 2. (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. 3. 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 ‘‘Government of Iran’’ includes the Government of Iran, any
political subdivision, agency, or instrumentality thereof, and any person
owned or controlled by, or acting for or on behalf of, the Government
of Iran; and
WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1
(e) the term ‘‘family member’’ means, with respect to an individual, a
spouse, child, parent, sibling, grandchild, or grandparent of the individual.
Sec. 4. 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(a) of this order.
Sec. 5. 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 and sections 105(a)–(c) of CISADA (22 U.S.C. 8514(a)–(c)), other
than as described in sections 6 and 7 of this order, as may be necessary
to carry out the purposes of this order other than the purposes of sections
6 and 7. 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. The Secretary of the Treasury, in consultation with
the Secretary of State, is hereby further authorized to exercise the functions
and waiver authorities conferred upon the President by section 401(b) of
CISADA (22 U.S.C. 8551(b)) with respect to the requirement to impose
or maintain sanctions pursuant to IEEPA under section 105(a) of CISADA
(22 U.S.C. 8514(a)) and to redelegate these functions and waiver authorities
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. 6. The Secretary of State is hereby authorized to exercise the functions
and authorities conferred upon the President by section 105(a) of CISADA
(22 U.S.C. 8514(a)) with respect to imposition of the visa sanctions described
in section 105(c) of CISADA (22 U.S.C. 8514(c)) and to redelegate these
functions and authorities consistent with applicable law. The Secretary of
State is hereby further authorized to exercise the functions and authorities
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60569
conferred upon the President by section 105(c) of CISADA (22 U.S.C. 8514(c))
with respect to the promulgation of rules and regulations related to the
visa sanctions described therein and to redelegate these functions and authorities consistent with applicable law. The Secretary of State is hereby
further authorized to exercise the functions and waiver authorities conferred
upon the President by section 401(b) of CISADA (22 U.S.C. 8551(b)) with
respect to the requirement to impose or maintain visa sanctions under section
105(a) of CISADA (22 U.S.C. 8514(a)) and to redelegate these functions
and waiver authorities consistent with applicable law. In exercising the
functions and authorities in the previous sentence, 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.
Sec. 7. The Secretary of State, in consultation with the Secretary of the
Treasury, is hereby authorized to submit the initial and updated lists of
persons who are subject to visa sanctions and whose property and interests
in property are blocked pursuant to this order to the appropriate congressional committees as required by section 105(b) of CISADA (22 U.S.C.
8514(b)) and to redelegate these functions consistent with applicable law.
The Secretary of State, in consultation with the Secretary of the Treasury,
is hereby further authorized to exercise the functions and waiver authorities
conferred upon the President by section 401(b) of CISADA (22 U.S.C. 8551(b))
with respect to the requirement to include a person on the list required
by section 105(b) of CISADA (22 U.S.C. 8514(b)) and to redelegate these
functions and waiver authorities consistent with applicable law.
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 section 104 of CISADA (22
U.S.C. 8513). 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.
Sec. 9. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to determine that circumstances no longer
warrant the blocking of the property and interests in property of a person
listed in the Annex to this order, and to take necessary action to give
effect to that determination.
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.
WReier-Aviles on DSKGBLS3C1PROD with PRESDOC1
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 response to those later
actions.
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Sec. 12. This order is effective at 12:01 a.m. eastern daylight time on September 29, 2010.
THE WHITE HOUSE,
September 28, 2010.
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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Presidential Documents
60571
[FR Doc. 2010–24839
Filed 9–30–10; 8:45 am]
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Billing code 4811–33–C
Agencies
[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Presidential Documents]
[Pages 60567-60571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24839]
Presidential Documents
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 60567]]
Executive Order 13553 of September 28, 2010
Blocking Property of Certain Persons With Respect
to Serious Human Rights Abuses by the Government of
Iran and Taking Certain Other Actions
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. 1701et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601et seq.), the
Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (Public Law 111-195) (CISADA),
and section 301 of title 3, United States Code, and in
order to take additional steps with respect to the
national emergency declared in Executive Order 12957 of
March 15, 1995,
I, BARACK OBAMA, President of the United States of
America, 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, including any overseas branch, of the following
persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of State:
(A) to be an official of the Government of Iran or a person acting on
behalf of the Government of Iran (including members of paramilitary
organizations) who is responsible for or complicit in, or responsible for
ordering, controlling, or otherwise directing, the commission of serious
human rights abuses against persons in Iran or Iranian citizens or
residents, or the family members of the foregoing, on or after June 12,
2009, regardless of whether such abuses occurred in Iran;
(B) to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to or in
support of, the activities described in subsection (a)(ii)(A) of this
section or any person whose property and interests in property are blocked
pursuant to this order; or
(C) 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) 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 whose property and interests in
property are blocked pursuant to subsection (a) of this
section 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 subsection (a) of this section.
(c) The prohibitions in subsection (a) of this
section include but are not limited to:
(i) 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
[[Page 60568]]
(ii) the receipt of any contribution or provision of funds, goods, or
services from any such person.
(d) 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.
Sec. 2. (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. 3. 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 ``Government of Iran'' includes the
Government of Iran, any political subdivision, agency,
or instrumentality thereof, and any person owned or
controlled by, or acting for or on behalf of, the
Government of Iran; and
(e) the term ``family member'' means, with respect
to an individual, a spouse, child, parent, sibling,
grandchild, or grandparent of the individual.
Sec. 4. 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(a) of this order.
Sec. 5. 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 and sections 105(a)-(c) of
CISADA (22 U.S.C. 8514(a)-(c)), other than as described
in sections 6 and 7 of this order, as may be necessary
to carry out the purposes of this order other than the
purposes of sections 6 and 7. 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. The Secretary of the
Treasury, in consultation with the Secretary of State,
is hereby further authorized to exercise the functions
and waiver authorities conferred upon the President by
section 401(b) of CISADA (22 U.S.C. 8551(b)) with
respect to the requirement to impose or maintain
sanctions pursuant to IEEPA under section 105(a) of
CISADA (22 U.S.C. 8514(a)) and to redelegate these
functions and waiver authorities 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. 6. The Secretary of State is hereby authorized to
exercise the functions and authorities conferred upon
the President by section 105(a) of CISADA (22 U.S.C.
8514(a)) with respect to imposition of the visa
sanctions described in section 105(c) of CISADA (22
U.S.C. 8514(c)) and to redelegate these functions and
authorities consistent with applicable law. The
Secretary of State is hereby further authorized to
exercise the functions and authorities
[[Page 60569]]
conferred upon the President by section 105(c) of
CISADA (22 U.S.C. 8514(c)) with respect to the
promulgation of rules and regulations related to the
visa sanctions described therein and to redelegate
these functions and authorities consistent with
applicable law. The Secretary of State is hereby
further authorized to exercise the functions and waiver
authorities conferred upon the President by section
401(b) of CISADA (22 U.S.C. 8551(b)) with respect to
the requirement to impose or maintain visa sanctions
under section 105(a) of CISADA (22 U.S.C. 8514(a)) and
to redelegate these functions and waiver authorities
consistent with applicable law. In exercising the
functions and authorities in the previous sentence, 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.
Sec. 7. The Secretary of State, in consultation with
the Secretary of the Treasury, is hereby authorized to
submit the initial and updated lists of persons who are
subject to visa sanctions and whose property and
interests in property are blocked pursuant to this
order to the appropriate congressional committees as
required by section 105(b) of CISADA (22 U.S.C.
8514(b)) and to redelegate these functions consistent
with applicable law. The Secretary of State, in
consultation with the Secretary of the Treasury, is
hereby further authorized to exercise the functions and
waiver authorities conferred upon the President by
section 401(b) of CISADA (22 U.S.C. 8551(b)) with
respect to the requirement to include a person on the
list required by section 105(b) of CISADA (22 U.S.C.
8514(b)) and to redelegate these functions and waiver
authorities consistent with applicable law.
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 section 104 of CISADA (22 U.S.C. 8513). 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.
Sec. 9. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
determine that circumstances no longer warrant the
blocking of the property and interests in property of a
person listed in the Annex to this order, and to take
necessary action to give effect to that determination.
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 are
in response to actions of the Government of Iran
occurring after the conclusion of the 1981 Algiers
Accords, and are intended solely as response to those
later actions.
[[Page 60570]]
Sec. 12. This order is effective at 12:01 a.m. eastern
daylight time on September 29, 2010.
(Presidential Sig.)
THE WHITE HOUSE,
September 28, 2010.
Billing code 3195-W1-P
[[Page 60571]]
[GRAPHIC] [TIFF OMITTED] TD01OC10.024
[FR Doc. 2010-24839
Filed 9-30-10; 8:45 am]
Billing code 4811-33-C