Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Sanctions Act of 1996, as Amended, 30505-30507 [2011-13173]

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• Executive Office of the President

[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Presidential Documents]
[Pages 30505-30507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13173]




                        Presidential Documents 



Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / 
Presidential Documents

[[Page 30505]]


                Executive Order 13574 of May 23, 2011

                
Authorizing the Implementation of Certain 
                Sanctions Set Forth in the Iran Sanctions Act of 1996, 
                as Amended

                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.), the 
                Iran Sanctions Act of 1996 (Public Law 104-172) (50 
                U.S.C. 1701 note) (ISA), as amended by, inter alia, the 
                Comprehensive Iran Sanctions, Accountability, and 
                Divestment Act of 2010 (Public Law 111-195), 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) When the President, or the Secretary of 
                State pursuant to authority delegated by the President 
                and in accordance with the terms of such delegation, 
                which includes consultation with the Secretary of the 
                Treasury, has determined that sanctions shall be 
                imposed on a person pursuant to section 5 of ISA and 
                has selected the sanctions set forth in section 6 of 
                ISA to impose on that person, the Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                shall take the following actions with respect to the 
                sanctions imposed and maintained by the President or by 
                the Secretary of State pursuant to and in accordance 
                with the terms of such delegation:

(i) with respect to section 6(a)(3) of ISA, prohibit any United States 
financial institution from making loans or providing credits to the ISA-
sanctioned person consistent with section 6(a)(3) of ISA;

(ii) with respect to section 6(a)(6) of ISA, prohibit any transactions in 
foreign exchange that are subject to the jurisdiction of the United States 
and in which the ISA-sanctioned person has any interest;

(iii) with respect to section 6(a)(7) of ISA, 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 ISA-sanctioned person;

(iv) with respect to section 6(a)(8) of ISA, block all property and 
interests in property that are in the United States, that come within the 
United States, or that are or come within the possession or control of any 
United States person, including any overseas branch, of the ISA-sanctioned 
person, and provide that such property and interests in property may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in; or

(v) with respect to section 6(a)(9) of ISA, restrict or prohibit imports of 
goods, technology, or services, directly or indirectly, into the United 
States from the ISA-sanctioned person.

                    (b) 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 ISA-sanctioned person whose property and interests 
                in property are blocked pursuant to subsection (a)(iv) 
                of this section would seriously impair my ability to 
                deal with the national emergency declared in Executive 
                Order

[[Page 30506]]

                12957, and I hereby prohibit such donations as provided 
                by subsection (a)(iv) of this section.
                    (c) The prohibitions in subsection (a)(iv) 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 ISA-sanctioned person whose 
property and interests in property are blocked pursuant to this order; and

(ii) the receipt of any contribution or provision of funds, goods, or 
services from any such ISA-sanctioned 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 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 ``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;
                    (e) the term ``United States financial 
                institution'' means a financial institution (including 
                its foreign branches) organized under the laws of the 
                United States or of any jurisdiction within the United 
                States; and
                    (f) the term ``ISA-sanctioned person'' means a 
                person that the President, or the Secretary of State 
                pursuant to authority delegated by the President and in 
                accordance with the terms of such delegation, including 
                consultation with the Secretary of the Treasury, has 
                determined is a person on whom sanctions shall be 
                imposed pursuant to section 5 of ISA and on whom the 
                President or the Secretary of State has imposed any of 
                the sanctions in section 6 of ISA.

                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 
                section 1(a)(iv) of 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 an action taken 
                pursuant to section 1(a)(iv) 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 6(a)(6), 6(a)(7), 
                6(a)(8), and 6(a)(9) of ISA, and to

[[Page 30507]]

                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. 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. 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. 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. 7. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 23, 2011.

[FR Doc. 2011-13173
Filed 5-24-11; 11:15 am]
Billing code 3195-W1-P