Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria, 26409-26411 [2012-10884]

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• Executive Office of the President

[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Presidential Documents]
[Pages 26409-26411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10884]



[[Page 26407]]

Vol. 77

Thursday,

No. 86

May 3, 2012

Part III





The President





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Executive Order 13608--Prohibiting Certain Transactions With and 
Suspending Entry Into the United States of Foreign Sanctions Evaders 
With Respect to Iran and Syria


                        Presidential Documents 



Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 26409]]

                Executive Order 13608 of May 1, 2012

                
Prohibiting Certain Transactions With and 
                Suspending Entry Into the United States of Foreign 
                Sanctions Evaders With Respect to Iran and Syria

                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 212(f) of the Immigration and Nationality Act 
                of 1952, as amended (8 U.S.C. 1182(f)), and section 301 
                of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, hereby find that efforts by foreign persons to 
                engage in activities intended to evade U.S. economic 
                and financial sanctions with respect to Iran and Syria 
                undermine our efforts to address the national 
                emergencies declared in Executive Order 12957 of March 
                15, 1995, as relied on for additional steps in 
                subsequent Executive Orders, in Executive Order 13338 
                of May 11, 2004, as modified in scope and relied on for 
                additional steps in subsequent Executive Orders, in 
                Executive Order 12938 of November 14, 1994, as relied 
                on for additional steps in subsequent Executive Orders, 
                and in Executive Order 13224 of September 23, 2001, as 
                relied on for additional steps in subsequent Executive 
                Orders, and in order to take additional steps pursuant 
                to these national emergencies, I hereby order:

                Section 1. (a) The Secretary of the Treasury, in 
                consultation with the Secretary of State, is hereby 
                authorized to impose on a foreign person the measures 
                described in subsection (b) of this section upon 
                determining that the foreign person:

(i) has violated, attempted to violate, conspired to violate, or caused a 
violation of any license, order, regulation, or prohibition contained in, 
or issued pursuant to:

  (A) any Executive Order relating to the national emergencies declared in 
Executive Order 12957 of March 15, 1995, or in Executive Order 13338 of May 
11, 2004, as modified in scope in subsequent Executive Orders; or

  (B) to the extent such conduct relates to property and interests in 
property of any person subject to United States sanctions concerning Iran 
or Syria, Executive Order 13382 of June 28, 2005, any Executive Order 
subsequent to Executive Order 13382 of June 28, 2005, that relates to the 
national emergency declared in Executive Order 12938 of November 14, 1994, 
or any Executive Order relating to the national emergency declared in 
Executive Order 13224 of September 23, 2001;

(ii) has facilitated deceptive transactions for or on behalf of any person 
subject to United States sanctions concerning Iran or Syria; or

(iii) is owned or controlled by, or is acting or purporting to act for or 
on behalf of, directly or indirectly, any person determined to meet the 
criteria set forth in subsection (a) of this section.

                    (b) With respect to any foreign person determined 
                to meet the criteria set forth in subsection (a) of 
                this section, the Secretary of the Treasury may 
                prohibit all transactions or dealings, whether direct 
                or indirect, involving such person, including any 
                exporting, reexporting, importing, selling, purchasing, 
                transporting, swapping, brokering, approving, 
                financing, facilitating,

[[Page 26410]]

                or guaranteeing, in or related to (i) any goods, 
                services, or technology in or intended for the United 
                States, or (ii) any goods, services, or technology 
                provided by or to United States persons, wherever 
                located.
                    (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 prior to the date of 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 subject to the measures described 
                in section 1 of this order would seriously impair my 
                ability to deal with the national emergencies 
                identified in the preamble to this order, 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 subject to the measures described in this 
                order; and
                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 4. I hereby find that the unrestricted immigrant 
                and nonimmigrant entry into the United States of aliens 
                determined to meet one or more of the criteria in 
                subsection 1(a) of this order would be detrimental to 
                the interests of the United States, and I hereby 
                suspend the entry into the United States, as immigrants 
                or nonimmigrants, of such persons. Such persons shall 
                be treated 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).

                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 United States 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 ``deceptive transaction'' means any 
                transaction where the identity of any person subject to 
                United States sanctions concerning Iran or Syria is 
                withheld or obscured from other participants in the 
                transaction or any relevant regulatory authorities;
                    (e) the term ``person subject to United States 
                sanctions concerning Iran or Syria'' means (i) any 
                person, including the Government of Iran or the 
                Government of Syria, with whom transactions are 
                restricted pursuant to any Executive Order relating to 
                the national emergencies declared in Executive Order 
                12957 of March 15, 1995, or in Executive Order 13338 of 
                May 11, 2004, as modified in scope in subsequent 
                Executive Orders, or (ii)

[[Page 26411]]

                any person whose property and interests in property are 
                blocked pursuant to IEEPA in connection with Iran's or 
                Syria's proliferation of weapons of mass destruction or 
                delivery systems for weapons of mass destruction, or 
                Iran's or Syria's support for international terrorism;
                    (f) 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; and
                    (g) the term ``Government of Syria'' means the 
                Government of the Syrian Arab Republic, its agencies, 
                instrumentalities, and controlled entities.

                Sec. 8. For those persons subject to the measures 
                described in section 1 of 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 emergencies identified in the 
                preamble to this order, 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. 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. 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 with 
                respect to Iran 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 1, 2012.

[FR Doc. 2012-10884
Filed 5-2-12; 11:15 am]
Billing code 3295-F2-P