Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons, 38457-38461 [2012-15954]

Agencies

• Executive Office of the President

[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Presidential Documents]
[Pages 38457-38461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15954]



[[Page 38457]]

Vol. 77

Wednesday,

No. 124

June 27, 2012

Part IV





The President





-----------------------------------------------------------------------



Executive Order 13617--Blocking Property of the Government of the 
Russian Federation Relating to the Disposition of Highly Enriched 
Uranium Extracted From Nuclear Weapons


                        Presidential Documents 



Federal Register / Vol. 77 , No. 124 / Wednesday, June 27, 2012 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 38459]]

                Executive Order 13617 of June 25, 2012

                
Blocking Property of the Government of the 
                Russian Federation Relating to the Disposition of 
                Highly Enriched Uranium Extracted From Nuclear Weapons

                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.) 
                (NEA), and section 301 of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, in view of the policies underlying Executive 
                Order 12938 of November 14, 1994, and Executive Order 
                13085 of May 26, 1998, and the restrictions put in 
                place pursuant to Executive Order 13159 of June 21, 
                2000, find that the risk of nuclear proliferation 
                created by the accumulation of a large volume of 
                weapons-usable fissile material in the territory of the 
                Russian Federation continues to constitute an unusual 
                and extraordinary threat to the national security and 
                foreign policy of the United States, and hereby declare 
                a national emergency to deal with that threat. I hereby 
                order:

                Section 1. A major national security goal of the United 
                States is to ensure that fissile material removed from 
                Russian nuclear weapons pursuant to various arms 
                control and disarmament agreements is dedicated to 
                peaceful uses, subject to transparency measures, and 
                protected from diversion to activities of proliferation 
                concern. As reflected in Executive Order 13085, the 
                full implementation of the Agreement Between the 
                Government of the United States of America and the 
                Government of the Russian Federation Concerning the 
                Disposition of Highly Enriched Uranium Extracted from 
                Nuclear Weapons, dated February 18, 1993, and related 
                contracts and agreements (collectively, the ``HEU 
                Agreements'') is essential to the attainment of this 
                goal. The HEU Agreements provide for the conversion of 
                approximately 500 metric tons of highly enriched 
                uranium contained in Russian nuclear weapons into low-
                enriched uranium for use as fuel in commercial nuclear 
                reactors. In furtherance of our national security 
                goals, all heads of departments and agencies of the 
                United States Government shall continue to take all 
                appropriate measures within their authority to further 
                the full implementation of the HEU Agreements.

                Sec. 2. Government of the Russian Federation assets 
                directly related to the implementation of the HEU 
                Agreements currently may be subject to attachment, 
                judgment, decree, lien, execution, garnishment, or 
                other judicial process, thereby jeopardizing the full 
                implementation of the HEU Agreements to the detriment 
                of U.S. foreign policy. In order to ensure the 
                preservation and proper and complete transfer to the 
                Government of the Russian Federation of all payments 
                due to it under the HEU Agreements, and except to the 
                extent provided in regulations, orders, directives, or 
                licenses that may be issued pursuant to this order, or 
                that were issued pursuant to Executive Order 13159 of 
                June 21, 2000, all property and interests in property 
                of the Government of the Russian Federation directly 
                related to the implementation of the HEU Agreements 
                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 
                persons, including any foreign branch, are blocked and 
                may not be transferred, paid, exported, withdrawn, or 
                otherwise dealt in. Unless licensed or authorized 
                pursuant to this order,

[[Page 38460]]

                or Executive Order 13159 of June 21, 2000, any 
                attachment, judgment, decree, lien, execution, 
                garnishment, or other judicial process is null and void 
                with respect to any property or interest in property 
                blocked pursuant to this order.

                Sec. 3. (a) Any transaction 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. 4. 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; 
                and
                    (d) the term ``Government of the Russian 
                Federation'' means the Government of the Russian 
                Federation, any political subdivision, agency, or 
                instrumentality thereof, and any person owned or 
                controlled by, or acting for or on behalf of, the 
                Government of the Russian Federation.

                Sec. 5. (a) The Secretary of the Treasury, in 
                consultation with the Secretary of State, the Secretary 
                of Energy, and, as appropriate, other agencies, 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 
                statutory authority to carry out the provisions of this 
                order.

                    (b) Nothing contained in this order shall relieve a 
                person from any requirement to obtain a license or 
                other authorization from any department or agency of 
                the United States Government in compliance with 
                applicable laws and regulations subject to the 
                jurisdiction of the department or agency.

                Sec. 6. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                submit the recurring and final reports to the Congress 
                on the national emergency declared in this order, 
                consistent with section 401(c) of the NEA (50 U.S.C. 
                1641(c)) and section 204(c) of IEEPA (50 U.S.C. 
                1703(c)).

[[Page 38461]]

                Sec. 7. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    June 25, 2012.

[FR Doc. 2012-15954
Filed 6-26-12; 11:15 am]
Billing code 3295-F2-P