Authorizing the Imposition of Certain Sanctions With Respect to the Provision of Goods, Services, Technology, or Support for Iran's Energy and Petrochemical Sectors, 72609-72612 [2011-30463]

Agencies

• Executive Office of the President

[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Presidential Documents]
[Pages 72609-72612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30463]




                        Presidential Documents 



Federal Register / Vol. 76, No. 226 / Wednesday, November 23, 2011 / 
Presidential Documents

[[Page 72609]]


                Executive Order 13590 of November 20, 2011

                
Authorizing the Imposition of Certain Sanctions 
                With Respect to the Provision of Goods, Services, 
                Technology, or Support for Iran's Energy and 
                Petrochemical Sectors

                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.), 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. The Secretary of State, in consultation with 
                the Secretary of the Treasury, the Secretary of 
                Commerce, 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 2 or 3 of 
                this order upon determining that the person:

                    (a) knowingly, on or after the effective date of 
                this order, sells, leases, or provides to Iran goods, 
                services, technology, or support that has a fair market 
                value of $1,000,000 or more or that, during a 12-month 
                period, has an aggregate fair market value of 
                $5,000,000 or more, and that could directly and 
                significantly contribute to the maintenance or 
                enhancement of Iran's ability to develop petroleum 
                resources located in Iran;
                    (b) knowingly, on or after the effective date of 
                this order, sells, leases, or provides to Iran goods, 
                services, technology, or support that has a fair market 
                value of $250,000 or more or that, during a 12-month 
                period, has an aggregate fair market value of 
                $1,000,000 or more, and that could directly and 
                significantly contribute to the maintenance or 
                expansion of Iran's domestic production of 
                petrochemical products;
                    (c) is a successor entity to a person referred to 
                in subsection (a) or (b) of this section;
                    (d) owns or controls a person referred to in 
                subsection (a) or (b) of this section, and had actual 
                knowledge or should have known that the person engaged 
                in the activities referred to in that subsection; or
                    (e) is owned or controlled by, or under common 
                ownership or control with, a person referred to in 
                subsection (a) or (b) of this section, and knowingly 
                participated in the activities referred to in that 
                subsection.

                Sec. 2. When the Secretary of State, in accordance with 
                the terms of section 1 of this order, has determined 
                that a person meets any of the criteria described in 
                section 1 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, 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 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;

[[Page 72610]]

                    (b) agencies shall not issue any specific license 
                or grant any other specific permission or authority 
                under any statute 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; or

                    (d) agencies shall not procure, or enter into a 
                contract for the procurement of, any goods or services 
                from the sanctioned person.
                    (e) The prohibitions in subsections (a)-(d) 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. 3. (a) When the Secretary of State, in accordance 
                with the terms of section 1 of this order, has 
                determined that a person has engaged in the activities 
                described in section 1 and has selected any 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 imposed by 
                the Secretary of State:

(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 come within the United States, or that are or come within the 
possession or control of any United States person, including any foreign 
branch, of the sanctioned person, and provide that such property and 
interests in property may not be transferred, paid, exported, withdrawn, or 
otherwise dealt in; or (v) restrict or prohibit imports of goods, 
technology, or services, directly or indirectly, into the United States 
from the 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 type of articles 
                specified in such section by, to, or for the benefit of 
                any 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 
                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:

[[Page 72611]]

(i) the making of any contribution or provision of funds, goods, or 
services by, to, or for the benefit of any 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 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 effective date 
                of this order.

                Sec. 4. (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. 5. 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 any jurisdiction within the United 
                States or located in the United States;
                    (f) the term ``sanctioned person'' means a person 
                on whom the Secretary of State, in accordance with the 
                terms of section 1 of this order, has determined to 
                impose sanctions pursuant to section 1;
                    (g) the term ``to develop'' petroleum resources 
                means to explore for, or to extract, refine, or 
                transport by pipeline, petroleum resources;
                    (h) 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;
                    (i) 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;
                    (j) the term ``knowingly,'' with respect to a 
                conduct, a circumstance, or a result, means that the 
                person has actual knowledge, or should have known, of 
                the conduct, the circumstance, or the result;
                    (k) the term ``petroleum resources'' includes 
                petroleum, oil, natural gas, liquefied natural gas, and 
                refined petroleum products;

[[Page 72612]]

                    (l) the term ``refined petroleum products'' means 
                diesel, gasoline, jet fuel (including naptha-type and 
                kerosene-type jet fuel), and aviation gasoline; and
                    (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.

                Sec. 6. 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 3(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 3(a)(iv) of this order.

                Sec. 7. 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 section 3 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. 8. 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. 9. 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. 10. This order is effective at 12:01 a.m. eastern 
                standard time on November 21, 2011.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    November 20, 2011.

[FR Doc. 2011-30463
Filed 11-22-11; 11:15 am]
Billing code 3295-F2-P