, 6659-6662 [2012-3097]

Agencies

• Executive Office of the President

[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Presidential Documents]
[Pages 6659-6662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3097]



[[Page 6657]]

Vol. 77

Wednesday,

No. 26

February 8, 2012

Part III





The President





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Executive Order 13599--Blocking Property of the Government of Iran and 
Iranian Financial Institutions


                        Presidential Documents 



Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 6659]]

                Executive Order 13599 of February 5, 2012

                
Blocking Property of the Government of Iran and 
                Iranian Financial Institutions

                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.), 
                section 1245 of the National Defense Authorization Act 
                for Fiscal Year 2012 (Public Law 112-81) (NDAA), and 
                section 301 of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, in order to take additional steps with respect 
                to the national emergency declared in Executive Order 
                12957 of March 15, 1995, particularly in light of the 
                deceptive practices of the Central Bank of Iran and 
                other Iranian banks to conceal transactions of 
                sanctioned parties, the deficiencies in Iran's anti-
                money laundering regime and the weaknesses in its 
                implementation, and the continuing and unacceptable 
                risk posed to the international financial system by 
                Iran's activities, hereby order:

                Section 1. (a) All property and interests in property 
                of the Government of Iran, including the Central Bank 
                of Iran, 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 foreign branch, are 
                blocked and may not be transferred, paid, exported, 
                withdrawn, or otherwise dealt in.

                    (b) All property and interests in property of any 
                Iranian financial institution, including the Central 
                Bank of Iran, 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 foreign branch, are 
                blocked and may not be transferred, paid, exported, 
                withdrawn, or otherwise dealt in.
                    (c) 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 foreign branch, 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, 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.

                Sec. 2. 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 section 1 of 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 section 1 of this order.

                Sec. 3. The prohibitions in section 1 of this order 
                include but are not limited to: (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.

[[Page 6660]]

                Sec. 4. (a) The prohibitions in section 1 of this order 
                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.

                    (b) The prohibitions in section 1 of this order do 
                not apply to property and interests in property of the 
                Government of Iran that were blocked pursuant to 
                Executive Order 12170 of November 14, 1979, and 
                thereafter made subject to the transfer directives set 
                forth in Executive Order 12281 of January 19, 1981, and 
                implementing regulations thereunder.

                Sec. 5. (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. 6. Nothing in section 1 of this order shall 
                prohibit transactions for the conduct of the official 
                business of the Federal Government by employees, 
                grantees, or contractors thereof.

                Sec. 7. 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'' means 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;
                    (e) the term ``Iran'' means 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; and
                    (f) the term ``Iranian financial institution'' 
                means a financial institution organized under the laws 
                of Iran or any jurisdiction within Iran (including 
                foreign branches), any financial institution in Iran, 
                any financial institution, wherever located, owned or 
                controlled by the Government of Iran, and any financial 
                institution, wherever located, owned or controlled by 
                any of the foregoing.

                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 section 
                1 of 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, other than the purposes 
                described in section 11. The Secretary of the Treasury 
                may redelegate any of these functions and authorities 
                to other officers and agencies of the United States 
                Government consistent with applicable law.

[[Page 6661]]

                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. 10. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                exercise the functions and authorities conferred upon 
                the President by section 1245(d)(1)(A) of the NDAA and 
                to redelegate these functions and authorities 
                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 authorities conferred upon the President by section 
                1245(g)(1) of the NDAA to the extent necessary to 
                exercise the other functions and authorities delegated 
                in this section and may redelegate these functions and 
                authorities consistent with applicable law.

                Sec. 11. The Secretary of State, in consultation with 
                the Secretary of the Treasury, the Secretary of Energy, 
                and the Director of National Intelligence, is hereby 
                authorized to exercise the functions and authorities 
                conferred upon the President by section 1245(d)(4)(D) 
                of the NDAA and to redelegate these functions and 
                authorities 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 authorities conferred upon 
                the President by sections 1245(e)(1) and 1245(e)(2) of 
                the NDAA and to redelegate these functions and 
                authorities 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 authorities conferred upon 
                the President by section 1245(g)(1) of the NDAA to the 
                extent necessary to exercise the other functions and 
                authorities delegated in this section and may 
                redelegate these functions and authorities consistent 
                with applicable law.

                Sec. 12. 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. 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.

[[Page 6662]]

                Sec. 14. This order is effective at 12:01 a.m. eastern 
                standard time on February 6, 2012.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 5, 2012.

[FR Doc. 2012-3097
Filed 2-7-12; 11:15 am]
Billing code 3295-F2-P