Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Freedom and Counter- Proliferation Act of 2012 and Additional Sanctions With Respect To Iran, 33945-33953 [2013-13523]

Download as PDF Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 33945 Presidential Documents Executive Order 13645 of June 3, 2013 Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Freedom and Counter-Proliferation Act of 2012 and Additional Sanctions With Respect To Iran 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 Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195) (22 U.S.C. 8501 et seq.) (CISADA), the Iran Freedom and Counter-Proliferation Act of 2012 (subtitle D of title XII of Public Law 112–239) (22 U.S.C. 8801 et seq.) (IFCA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), 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) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to impose on a foreign financial institution the sanctions described in subsection (b) of this section upon determining that the foreign financial institution has, on or after the effective date of this order: (i) knowingly conducted or facilitated any significant transaction related to the purchase or sale of Iranian rials or a derivative, swap, future, forward, or other similar contract whose value is based on the exchange rate of the Iranian rial; or mstockstill on DSK4VPTVN1PROD with PREDOCE0 (ii) maintained significant funds or accounts outside the territory of Iran denominated in the Iranian rial. (b) With respect to any foreign financial institution determined by the Secretary of the Treasury in accordance with this section to meet the criteria set forth in subsection (a)(i) or (a)(ii) of this section, the Secretary of the Treasury may: (i) prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payablethrough account by such foreign financial institution; or (ii) block 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 such foreign financial institution, and provide that such property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in. (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 effective date of this order. Sec. 2. (a) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to impose on a person the measures described in subsection (b) of this section upon determining: VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 33946 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents (i) that the person has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any Iranian person included on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control (SDN List) (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599 of February 5, 2012) or any other person included on the SDN List whose property and interests in property are blocked pursuant to this paragraph or Executive Order 13599 (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599); or (ii) pursuant to authority delegated by the President and in accordance with the terms of such delegation, that sanctions shall be imposed on such person pursuant to section 1244(c)(1)(A) of IFCA. (b) With respect to any person determined by the Secretary of the Treasury in accordance with this section to meet the criteria set forth in subsection (a)(i) or (a)(ii) of this section, 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 such person are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. (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 effective date of this order. Sec. 3. (a) The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to impose on a foreign financial institution the sanctions described in subsection (b) of this section upon determining that the foreign financial institution has knowingly conducted or facilitated any significant financial transaction: (i) on behalf of any Iranian person included on the SDN List (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599) or any other person included on the SDN List whose property and interests in property are blocked pursuant to subsection 2(a)(i) of this order or Executive Order 13599 (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599); or mstockstill on DSK4VPTVN1PROD with PREDOCE0 (ii) on or after the effective date of this order, for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran. (b) With respect to any foreign financial institution determined by the Secretary of the Treasury in accordance with this section to meet the criteria set forth in subsection (a)(i) or (a)(ii) of this section, the Secretary of the Treasury may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by such foreign financial institution. (c) Subsection (a)(i) of this section shall apply with respect to a significant financial transaction conducted or facilitated by a foreign financial institution for the purchase of petroleum or petroleum products from Iran only if: (i) the President determines under subparagraphs (4)(B) and (C) of subsection 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) (2012 NDAA) (22 U.S.C. 8513a) that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions; and VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 33947 (ii) an exception under subparagraph 4(D) of subsection 1245(d) of the 2012 NDAA from the imposition of sanctions under paragraph (1) of that subsection does not apply. (d) Subsection (a)(i) of this section shall not apply with respect to a significant financial transaction conducted or facilitated by a foreign financial institution for the sale, supply, or transfer to or from Iran of natural gas only if the financial transaction is solely for trade between the country with primary jurisdiction over the foreign financial institution and Iran, and any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution. (e) Subsection (a)(i) of this section shall not apply to any person for conducting or facilitating a transaction for the provision of agricultural commodities, food, medicine, or medical devices to Iran. (f) 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 effective date of this order. Sec. 4. Subsections 2(a) and 3(a)(i) of this order shall not apply with respect to any person for conducting or facilitating a transaction involving a project described in subsection (a) of section 603 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158) (22 U.S.C. 8701 et seq.) to which the exception under that section applies. Sec. 5. The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, 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 6 or 7 of this order upon determining that the person: (a) on or after the effective date of this order, knowingly engaged in a significant transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran; (b) is a successor entity to a person determined by the Secretary of State in accordance with this section to meet the criteria in subsection (a) of this section; mstockstill on DSK4VPTVN1PROD with PREDOCE0 (c) owns or controls a person determined by the Secretary of State in accordance with this section to meet the criteria in subsection (a) of this section, and had knowledge that the person engaged in the activities referred to in that subsection; or (d) is owned or controlled by, or under common ownership or control with, a person determined by the Secretary of State in accordance with this section to meet the criteria in subsection (a) of this section, and knowingly participated in the activities referred to in that subsection. Sec. 6. When the Secretary of State, in accordance with the terms of section 5 of this order, has determined that a person meets any of the criteria described in subsections (a)–(d) of that section 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, as appropriate, 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; (b) agencies shall not issue any specific license or grant any other specific permission or authority under any statute that requires the prior review VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 33948 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 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; (d) agencies shall not procure, or enter into a contract for the procurement of, any goods or services from the sanctioned person; (e) the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien that the Secretary of State determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person; or (f) the heads of the relevant agencies, as appropriate, shall impose on the principal executive officer or officers, or persons performing similar functions and with similar authorities, of a sanctioned person the sanctions described in subsections (a)–(e) of this section, as selected by the Secretary of State. (g) The prohibitions in subsections (a)–(f) 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. 7. (a) When the Secretary of State or the Secretary of the Treasury, pursuant to authority delegated by the President and in accordance with the terms of such delegation, has determined that sanctions shall be imposed on a person pursuant to section 1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA (including in each case as informed by section 1253(c)(2) of IFCA) or when the Secretary of State, in accordance with the terms of section 5 of this order, has determined that a person meets any of the criteria described in subsections (a)–(d) of that section, such Secretary may select one or more of the sanctions set forth below to impose on that person, and the Secretary of the Treasury, in consultation with the Secretary of State, shall take the following actions where necessary to implement the sanctions selected and maintained by the Secretary of State or the Secretary of the Treasury: (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; mstockstill on DSK4VPTVN1PROD with PREDOCE0 (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 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 sanctioned person, and provide that such VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 33949 property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in; (v) prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person; (vi) restrict or prohibit imports of goods, technology, or services, directly or indirectly, into the United States from the sanctioned person; or (vii) impose on the principal executive officer or officers, or persons performing similar functions and with similar authorities, of a sanctioned person the sanctions described in subsections (a)(i)–(a)(vi) of this section, as selected by the Secretary of State or the Secretary of the Treasury, as appropriate. (b) 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. 8. (a) 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 or at the recommendation of the Secretary of State: (i) to have engaged, on or after January 2, 2013, in corruption or other activities relating to the diversion of goods, including agricultural commodities, food, medicine, and medical devices, intended for the people of Iran; (ii) to have engaged, on or after January 2, 2013, in corruption or other activities relating to the misappropriation of proceeds from the sale or resale of goods described in subsection (a)(i) of this section; (iii) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the activities described in subsection (a)(i) or (a)(ii) of this section or any person whose property and interests in property are blocked pursuant to this section; or mstockstill on DSK4VPTVN1PROD with PREDOCE0 (iv) 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 section. (b) 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. 9. 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 person whose property and interests in property are blocked pursuant to 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 subsections 1(b)(ii), 2(b), 7(a)(iv), and 8(a) of this order. Sec. 10. The prohibitions in subsections 1(b)(ii), 2(b), 7(a)(iv), and 8(a) 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. VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 33950 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents Sec. 11. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens who meet one or more of the criteria in subsection 2(a), section 5, and subsection 8(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. 12. 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 sections 5, 6, and 11 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. Sec. 13. (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. 14. For the purposes of this order: (a) the term ‘‘automotive sector of Iran’’ means the manufacturing or assembling in Iran of light and heavy vehicles including passenger cars, trucks, buses, minibuses, pick-up trucks, and motorcycles, as well as original equipment manufacturing and after-market parts manufacturing relating to such vehicles. (b) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) the term ‘‘financial institution,’’ as used in sections 6 and 7 of this order, 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; mstockstill on DSK4VPTVN1PROD with PREDOCE0 (iv) an insurance company, including an agency or underwriter; and (v) any other company that provides financial services; (d) the term ‘‘foreign financial institution,’’ as used in sections 1 and 3 of this order, means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes but is not limited to depository institutions, banks, savings banks, money service businesses, trust companies, securities brokers and dealers, commodity futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and holding companies, affiliates, or subsidiaries of any of the foregoing. The term does not include the international financial institutions identified in 22 U.S.C. 262r(c)(2), the International Fund for Agricultural Development, the North American Development Bank, or any other international financial institution so notified by the Secretary of the Treasury; (e) the term ‘‘Government of Iran’’ includes the Government of Iran, any political subdivision, agency, or instrumentality thereof, including the Central VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 33951 Bank of Iran, and any person owned or controlled by, or acting for or on behalf of, the Government of Iran; (f) 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; (g) the term ‘‘Iranian depository institution’’ means any entity (including foreign branches), wherever located, organized under the laws of Iran or any jurisdiction within Iran, or owned or controlled by the Government of Iran, or in Iran, or owned or controlled by any of the foregoing, that is engaged primarily in the business of banking (for example, banks, savings banks, savings associations, credit unions, trust companies, and bank holding companies); (h) the term ‘‘Iranian person,’’ as used in sections 2 and 3 of this order, means an individual who is a citizen or national of Iran or an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran; (i) the terms ‘‘knowledge’’ and ‘‘knowingly,’’ with respect to conduct, a circumstance, or a result, mean that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result; (j) the term ‘‘person’’ means an individual or entity; (k) the term ‘‘petroleum’’ (also known as crude oil) means a mixture of hydrocarbons that exists in liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities; (l) the term ‘‘petroleum products’’ includes unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline, motor gasoline, naphtha-type jet fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, residual fuel oil, petrochemical feedstocks, special naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, and miscellaneous products obtained from the processing of: crude oil (including lease condensate), natural gas, and other hydrocarbon compounds. The term does not include natural gas, liquefied natural gas, biofuels, methanol, and other non-petroleum fuels; (m) the term ‘‘sanctioned person’’ means a person that the Secretary of State or the Secretary of the Treasury, pursuant to authority delegated by the President and in accordance with the terms of such delegation, has determined is a person on whom sanctions shall be imposed pursuant to section 1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA (including in each case as informed by section 1253(c)(2) of IFCA), and on whom the Secretary of State or the Secretary of the Treasury has imposed any of the sanctions in section 6 or 7 of this order or a person on whom the Secretary of State, in accordance with the terms of section 5 of this order, has determined to impose sanctions pursuant to section 5; mstockstill on DSK4VPTVN1PROD with PREDOCE0 (n) for the purposes of this order, the term ‘‘subject to the jurisdiction of the Government of Iran’’ means a person organized under the laws of Iran or any jurisdiction within Iran, ordinarily resident in Iran, or in Iran, or owned or controlled by any of the foregoing; (o) the term ‘‘United States financial institution’’ means a financial institution as defined in subsection (c) of this section (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; and (p) 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. VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 33952 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents Sec. 15. 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 an action taken pursuant to subsection 1(b)(ii), 2(b), 7(a)(iv), or 8(a) of this order. Sec. 16. Executive Order 13622 of July 30, 2012, is hereby amended as follows: (a) Subsection (a)(ii) of section 1 is amended by replacing ‘‘for the purchase or acquisition of petroleum or petroleum products from Iran’’ with ‘‘for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran’’. (b) Subsection (a)(iii) of section 1 is amended by replacing ‘‘for the purchase or acquisition of petrochemical products from Iran’’ with ‘‘for the purchase, acquisition, sale, transport, or marketing of petrochemical products from Iran’’. (c) Subsection (a)(i) of section 2 is amended by replacing ‘‘knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase or acquisition of petroleum or petroleum products from Iran’’ with ‘‘knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran’’. (d) Subsection (a)(ii) of section 2 is amended by replacing ‘‘knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase or acquisition of petrochemical products from Iran’’ with ‘‘knowingly, on or after the effective date of this order, engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of petrochemical products from Iran’’. (e) Subsection (e) of section 10 is amended by inserting the words ‘‘dealers in precious metals, stones, or jewels,’’ after the words ‘‘employee benefit plans,’’. Sec. 17. 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. 18. 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. mstockstill on DSK4VPTVN1PROD with PREDOCE0 Sec. 19. 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. VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Presidential Documents 33953 Sec. 20. This order is effective at 12:01 a.m. eastern daylight time on July 1, 2013. THE WHITE HOUSE, June 3, 2013. [FR Doc. 2013–13523 Filed 6–4–13; 11:15 am] VerDate Mar<15>2010 19:51 Jun 04, 2013 Jkt 226001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\05JNE0.SGM 05JNE0 OB#1.EPS</GPH> mstockstill on DSK4VPTVN1PROD with PREDOCE0 Billing code 3295–F3

Agencies

[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Presidential Documents]
[Pages 33945-33953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13523]




                        Presidential Documents 



Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / 
Presidential Documents

[[Page 33945]]


                Executive Order 13645 of June 3, 2013

                
Authorizing the Implementation of Certain 
                Sanctions Set Forth in the Iran Freedom and Counter-
                Proliferation Act of 2012 and Additional Sanctions With 
                Respect To Iran

                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 
                Comprehensive Iran Sanctions, Accountability, and 
                Divestment Act of 2010 (Public Law 111-195) (22 U.S.C. 
                8501 et seq.) (CISADA), the Iran Freedom and Counter-
                Proliferation Act of 2012 (subtitle D of title XII of 
                Public Law 112-239) (22 U.S.C. 8801 et seq.) (IFCA), 
                section 212(f) of the Immigration and Nationality Act 
                of 1952 (8 U.S.C. 1182(f)), 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) The Secretary of the Treasury, in 
                consultation with the Secretary of State, is hereby 
                authorized to impose on a foreign financial institution 
                the sanctions described in subsection (b) of this 
                section upon determining that the foreign financial 
                institution has, on or after the effective date of this 
                order:

(i) knowingly conducted or facilitated any significant transaction related 
to the purchase or sale of Iranian rials or a derivative, swap, future, 
forward, or other similar contract whose value is based on the exchange 
rate of the Iranian rial; or

(ii) maintained significant funds or accounts outside the territory of Iran 
denominated in the Iranian rial.

                    (b) With respect to any foreign financial 
                institution determined by the Secretary of the Treasury 
                in accordance with this section to meet the criteria 
                set forth in subsection (a)(i) or (a)(ii) of this 
                section, the Secretary of the Treasury may:

(i) prohibit the opening, and prohibit or impose strict conditions on the 
maintaining, in the United States of a correspondent account or a payable-
through account by such foreign financial institution; or

(ii) block 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 such foreign financial institution, and 
provide that such property and interests in property may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in.

                    (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 effective date 
                of this order.

                Sec. 2. (a) The Secretary of the Treasury, in 
                consultation with the Secretary of State, is hereby 
                authorized to impose on a person the measures described 
                in subsection (b) of this section upon determining:

[[Page 33946]]

(i) that the person has materially assisted, sponsored, or provided 
financial, material, or technological support for, or goods or services to 
or in support of, any Iranian person included on the list of Specially 
Designated Nationals and Blocked Persons maintained by the Office of 
Foreign Assets Control (SDN List) (other than an Iranian depository 
institution whose property and interests in property are blocked solely 
pursuant to Executive Order 13599 of February 5, 2012) or any other person 
included on the SDN List whose property and interests in property are 
blocked pursuant to this paragraph or Executive Order 13599 (other than an 
Iranian depository institution whose property and interests in property are 
blocked solely pursuant to Executive Order 13599); or

(ii) pursuant to authority delegated by the President and in accordance 
with the terms of such delegation, that sanctions shall be imposed on such 
person pursuant to section 1244(c)(1)(A) of IFCA.

                    (b) With respect to any person determined by the 
                Secretary of the Treasury in accordance with this 
                section to meet the criteria set forth in subsection 
                (a)(i) or (a)(ii) of this section, 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 such person are blocked and may not be 
                transferred, paid, exported, withdrawn, or otherwise 
                dealt in.
                    (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 effective date 
                of this order.

                Sec. 3. (a) The Secretary of the Treasury, in 
                consultation with the Secretary of State, is hereby 
                authorized to impose on a foreign financial institution 
                the sanctions described in subsection (b) of this 
                section upon determining that the foreign financial 
                institution has knowingly conducted or facilitated any 
                significant financial transaction:

(i) on behalf of any Iranian person included on the SDN List (other than an 
Iranian depository institution whose property and interests in property are 
blocked solely pursuant to Executive Order 13599) or any other person 
included on the SDN List whose property and interests in property are 
blocked pursuant to subsection 2(a)(i) of this order or Executive Order 
13599 (other than an Iranian depository institution whose property and 
interests in property are blocked solely pursuant to Executive Order 
13599); or

(ii) on or after the effective date of this order, for the sale, supply, or 
transfer to Iran of significant goods or services used in connection with 
the automotive sector of Iran.

                    (b) With respect to any foreign financial 
                institution determined by the Secretary of the Treasury 
                in accordance with this section to meet the criteria 
                set forth in subsection (a)(i) or (a)(ii) of this 
                section, the Secretary of the Treasury may prohibit the 
                opening, and prohibit or impose strict conditions on 
                the maintaining, in the United States of a 
                correspondent account or a payable-through account by 
                such foreign financial institution.
                    (c) Subsection (a)(i) of this section shall apply 
                with respect to a significant financial transaction 
                conducted or facilitated by a foreign financial 
                institution for the purchase of petroleum or petroleum 
                products from Iran only if:

(i) the President determines under subparagraphs (4)(B) and (C) of 
subsection 1245(d) of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81) (2012 NDAA) (22 U.S.C. 8513a) that there is a 
sufficient supply of petroleum and petroleum products from countries other 
than Iran to permit a significant reduction in the volume of petroleum and 
petroleum products purchased from Iran by or through foreign financial 
institutions; and

[[Page 33947]]

(ii) an exception under subparagraph 4(D) of subsection 1245(d) of the 2012 
NDAA from the imposition of sanctions under paragraph (1) of that 
subsection does not apply.

                    (d) Subsection (a)(i) of this section shall not 
                apply with respect to a significant financial 
                transaction conducted or facilitated by a foreign 
                financial institution for the sale, supply, or transfer 
                to or from Iran of natural gas only if the financial 
                transaction is solely for trade between the country 
                with primary jurisdiction over the foreign financial 
                institution and Iran, and any funds owed to Iran as a 
                result of such trade are credited to an account located 
                in the country with primary jurisdiction over the 
                foreign financial institution.
                    (e) Subsection (a)(i) of this section shall not 
                apply to any person for conducting or facilitating a 
                transaction for the provision of agricultural 
                commodities, food, medicine, or medical devices to 
                Iran.
                    (f) 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 effective date 
                of this order.

                Sec. 4. Subsections 2(a) and 3(a)(i) of this order 
                shall not apply with respect to any person for 
                conducting or facilitating a transaction involving a 
                project described in subsection (a) of section 603 of 
                the Iran Threat Reduction and Syria Human Rights Act of 
                2012 (Public Law 112-158) (22 U.S.C. 8701 et seq.) to 
                which the exception under that section applies.

                Sec. 5. The Secretary of State, in consultation with 
                the Secretary of the Treasury, the Secretary of 
                Commerce, the Secretary of Homeland Security, 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 6 or 7 of this order 
                upon determining that the person:

                    (a) on or after the effective date of this order, 
                knowingly engaged in a significant transaction for the 
                sale, supply, or transfer to Iran of significant goods 
                or services used in connection with the automotive 
                sector of Iran;
                    (b) is a successor entity to a person determined by 
                the Secretary of State in accordance with this section 
                to meet the criteria in subsection (a) of this section;
                    (c) owns or controls a person determined by the 
                Secretary of State in accordance with this section to 
                meet the criteria in subsection (a) of this section, 
                and had knowledge that the person engaged in the 
                activities referred to in that subsection; or
                    (d) is owned or controlled by, or under common 
                ownership or control with, a person determined by the 
                Secretary of State in accordance with this section to 
                meet the criteria in subsection (a) of this section, 
                and knowingly participated in the activities referred 
                to in that subsection.

                Sec. 6. When the Secretary of State, in accordance with 
                the terms of section 5 of this order, has determined 
                that a person meets any of the criteria described in 
                subsections (a)-(d) of that section 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, as appropriate, 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;
                    (b) agencies shall not issue any specific license 
                or grant any other specific permission or authority 
                under any statute that requires the prior review

[[Page 33948]]

                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;

                    (d) agencies shall not procure, or enter into a 
                contract for the procurement of, any goods or services 
                from the sanctioned person;
                    (e) the Secretary of State shall deny a visa to, 
                and the Secretary of Homeland Security shall exclude 
                from the United States, any alien that the Secretary of 
                State determines is a corporate officer or principal 
                of, or a shareholder with a controlling interest in, a 
                sanctioned person; or
                    (f) the heads of the relevant agencies, as 
                appropriate, shall impose on the principal executive 
                officer or officers, or persons performing similar 
                functions and with similar authorities, of a sanctioned 
                person the sanctions described in subsections (a)-(e) 
                of this section, as selected by the Secretary of State.
                    (g) The prohibitions in subsections (a)-(f) 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. 7. (a) When the Secretary of State or the 
                Secretary of the Treasury, pursuant to authority 
                delegated by the President and in accordance with the 
                terms of such delegation, has determined that sanctions 
                shall be imposed on a person pursuant to section 
                1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA 
                (including in each case as informed by section 
                1253(c)(2) of IFCA) or when the Secretary of State, in 
                accordance with the terms of section 5 of this order, 
                has determined that a person meets any of the criteria 
                described in subsections (a)-(d) of that section, such 
                Secretary may select one or more of the sanctions set 
                forth below to impose on that person, and the Secretary 
                of the Treasury, in consultation with the Secretary of 
                State, shall take the following actions where necessary 
                to implement the sanctions selected and maintained by 
                the Secretary of State or the Secretary of the 
                Treasury:

(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 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 sanctioned person, and provide that 
such

[[Page 33949]]

property and interests in property may not be transferred, paid, exported, 
withdrawn, or otherwise dealt in;

(v) prohibit any United States person from investing in or purchasing 
significant amounts of equity or debt instruments of a sanctioned person;

(vi) restrict or prohibit imports of goods, technology, or services, 
directly or indirectly, into the United States from the sanctioned person; 
or

(vii) impose on the principal executive officer or officers, or persons 
performing similar functions and with similar authorities, of a sanctioned 
person the sanctions described in subsections (a)(i)-(a)(vi) of this 
section, as selected by the Secretary of State or the Secretary of the 
Treasury, as appropriate.

                    (b) 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. 8. (a) 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 
                or at the recommendation of the Secretary of State:

(i) to have engaged, on or after January 2, 2013, in corruption or other 
activities relating to the diversion of goods, including agricultural 
commodities, food, medicine, and medical devices, intended for the people 
of Iran;

(ii) to have engaged, on or after January 2, 2013, in corruption or other 
activities relating to the misappropriation of proceeds from the sale or 
resale of goods described in subsection (a)(i) of this section;

(iii) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of, the activities described in subsection (a)(i) or (a)(ii) of 
this section or any person whose property and interests in property are 
blocked pursuant to this section; or

(iv) 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 section.

                    (b) 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. 9. 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 person whose property and interests in property are 
                blocked pursuant to 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 subsections 1(b)(ii), 2(b), 
                7(a)(iv), and 8(a) of this order.

                Sec. 10. The prohibitions in subsections 1(b)(ii), 
                2(b), 7(a)(iv), and 8(a) 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 33950]]

                Sec. 11. I hereby find that the unrestricted immigrant 
                and nonimmigrant entry into the United States of aliens 
                who meet one or more of the criteria in subsection 
                2(a), section 5, and subsection 8(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. 12. 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 sections 5, 6, and 11 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.

                Sec. 13. (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. 14. For the purposes of this order:

                    (a) the term ``automotive sector of Iran'' means 
                the manufacturing or assembling in Iran of light and 
                heavy vehicles including passenger cars, trucks, buses, 
                minibuses, pick-up trucks, and motorcycles, as well as 
                original equipment manufacturing and after-market parts 
                manufacturing relating to such vehicles.
                    (b) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (c) the term ``financial institution,'' as used in 
                sections 6 and 7 of this order, 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;

                    (d) the term ``foreign financial institution,'' as 
                used in sections 1 and 3 of this order, means any 
                foreign entity that is engaged in the business of 
                accepting deposits, making, granting, transferring, 
                holding, or brokering loans or credits, or purchasing 
                or selling foreign exchange, securities, commodity 
                futures or options, or procuring purchasers and sellers 
                thereof, as principal or agent. It includes but is not 
                limited to depository institutions, banks, savings 
                banks, money service businesses, trust companies, 
                securities brokers and dealers, commodity futures and 
                options brokers and dealers, forward contract and 
                foreign exchange merchants, securities and commodities 
                exchanges, clearing corporations, investment companies, 
                employee benefit plans, dealers in precious metals, 
                stones, or jewels, and holding companies, affiliates, 
                or subsidiaries of any of the foregoing. The term does 
                not include the international financial institutions 
                identified in 22 U.S.C. 262r(c)(2), the International 
                Fund for Agricultural Development, the North American 
                Development Bank, or any other international financial 
                institution so notified by the Secretary of the 
                Treasury;
                    (e) the term ``Government of Iran'' includes the 
                Government of Iran, any political subdivision, agency, 
                or instrumentality thereof, including the Central

[[Page 33951]]

                Bank of Iran, and any person owned or controlled by, or 
                acting for or on behalf of, the Government of Iran;
                    (f) 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;
                    (g) the term ``Iranian depository institution'' 
                means any entity (including foreign branches), wherever 
                located, organized under the laws of Iran or any 
                jurisdiction within Iran, or owned or controlled by the 
                Government of Iran, or in Iran, or owned or controlled 
                by any of the foregoing, that is engaged primarily in 
                the business of banking (for example, banks, savings 
                banks, savings associations, credit unions, trust 
                companies, and bank holding companies);
                    (h) the term ``Iranian person,'' as used in 
                sections 2 and 3 of this order, means an individual who 
                is a citizen or national of Iran or an entity organized 
                under the laws of Iran or otherwise subject to the 
                jurisdiction of the Government of Iran;
                    (i) the terms ``knowledge'' and ``knowingly,'' with 
                respect to conduct, a circumstance, or a result, mean 
                that a person has actual knowledge, or should have 
                known, of the conduct, the circumstance, or the result;
                    (j) the term ``person'' means an individual or 
                entity;
                    (k) the term ``petroleum'' (also known as crude 
                oil) means a mixture of hydrocarbons that exists in 
                liquid phase in natural underground reservoirs and 
                remains liquid at atmospheric pressure after passing 
                through surface separating facilities;
                    (l) the term ``petroleum products'' includes 
                unfinished oils, liquefied petroleum gases, pentanes 
                plus, aviation gasoline, motor gasoline, naphtha-type 
                jet fuel, kerosene-type jet fuel, kerosene, distillate 
                fuel oil, residual fuel oil, petrochemical feedstocks, 
                special naphthas, lubricants, waxes, petroleum coke, 
                asphalt, road oil, still gas, and miscellaneous 
                products obtained from the processing of: crude oil 
                (including lease condensate), natural gas, and other 
                hydrocarbon compounds. The term does not include 
                natural gas, liquefied natural gas, biofuels, methanol, 
                and other non-petroleum fuels;
                    (m) the term ``sanctioned person'' means a person 
                that the Secretary of State or the Secretary of the 
                Treasury, pursuant to authority delegated by the 
                President and in accordance with the terms of such 
                delegation, has determined is a person on whom 
                sanctions shall be imposed pursuant to section 
                1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA 
                (including in each case as informed by section 
                1253(c)(2) of IFCA), and on whom the Secretary of State 
                or the Secretary of the Treasury has imposed any of the 
                sanctions in section 6 or 7 of this order or a person 
                on whom the Secretary of State, in accordance with the 
                terms of section 5 of this order, has determined to 
                impose sanctions pursuant to section 5;
                    (n) for the purposes of this order, the term 
                ``subject to the jurisdiction of the Government of 
                Iran'' means a person organized under the laws of Iran 
                or any jurisdiction within Iran, ordinarily resident in 
                Iran, or in Iran, or owned or controlled by any of the 
                foregoing;
                    (o) the term ``United States financial 
                institution'' means a financial institution as defined 
                in subsection (c) of this section (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; and
                    (p) 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.

[[Page 33952]]

                Sec. 15. 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 an action taken pursuant to subsection 1(b)(ii), 
                2(b), 7(a)(iv), or 8(a) of this order.

                Sec. 16. Executive Order 13622 of July 30, 2012, is 
                hereby amended as follows:

                    (a) Subsection (a)(ii) of section 1 is amended by 
                replacing ``for the purchase or acquisition of 
                petroleum or petroleum products from Iran'' with ``for 
                the purchase, acquisition, sale, transport, or 
                marketing of petroleum or petroleum products from 
                Iran''.
                    (b) Subsection (a)(iii) of section 1 is amended by 
                replacing ``for the purchase or acquisition of 
                petrochemical products from Iran'' with ``for the 
                purchase, acquisition, sale, transport, or marketing of 
                petrochemical products from Iran''.
                    (c) Subsection (a)(i) of section 2 is amended by 
                replacing ``knowingly, on or after the effective date 
                of this order, engaged in a significant transaction for 
                the purchase or acquisition of petroleum or petroleum 
                products from Iran'' with ``knowingly, on or after the 
                effective date of this order, engaged in a significant 
                transaction for the purchase, acquisition, sale, 
                transport, or marketing of petroleum or petroleum 
                products from Iran''.
                    (d) Subsection (a)(ii) of section 2 is amended by 
                replacing ``knowingly, on or after the effective date 
                of this order, engaged in a significant transaction for 
                the purchase or acquisition of petrochemical products 
                from Iran'' with ``knowingly, on or after the effective 
                date of this order, engaged in a significant 
                transaction for the purchase, acquisition, sale, 
                transport, or marketing of petrochemical products from 
                Iran''.
                    (e) Subsection (e) of section 10 is amended by 
                inserting the words ``dealers in precious metals, 
                stones, or jewels,'' after the words ``employee benefit 
                plans,''.

                Sec. 17. 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. 18. 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. 19. 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 33953]]

                Sec. 20. This order is effective at 12:01 a.m. eastern 
                daylight time on July 1, 2013.

                
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                    June 3, 2013.

[FR Doc. 2013-13523
Filed 6-4-13; 11:15 am]
Billing code 3295-F3
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.