Revocation of Executive Orders 13574, 13590, 13622, and 13645 With Respect to Iran, Amendment of Executive Order 13628 With Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015, 3693-3698 [2016-01325]

Agencies

• Executive Office of the President

[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Presidential Documents]
[Pages 3693-3698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01325]




                        Presidential Documents 



Federal Register / Vol. 81 , No. 13 / Thursday, January 21, 2016 / 
Presidential Documents

[[Page 3693]]


                Executive Order 13716 of January 16, 2016

                
Revocation of Executive Orders 13574, 13590, 
                13622, and 13645 With Respect to Iran, Amendment of 
                Executive Order 13628 With Respect to Iran, and 
                Provision of Implementation Authorities for Aspects of 
                Certain Statutory Sanctions Outside the Scope of U.S. 
                Commitments Under the Joint Comprehensive Plan of 
                Action of July 14, 2015

                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), the Iran Sanctions Act of 1996 (Public Law 104-
                172) (50 U.S.C. 1701 note), the Comprehensive Iran 
                Sanctions, Accountability, and Divestment Act of 2010 
                (Public Law 111-195) (22 U.S.C. 8501 et seq.), the Iran 
                Threat Reduction and Syria Human Rights Act of 2012 
                (Public Law 112-158), 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,

                I, BARACK OBAMA, President of the United States of 
                America, have determined that Iran's implementation of 
                the nuclear-related measures specified in sections 
                15.1-15.11 of Annex V of the Joint Comprehensive Plan 
                of Action of July 14, 2015 (JCPOA) between the P5+1 
                (China, France, Germany, the Russian Federation, the 
                United Kingdom, and the United States), the European 
                Union, and Iran, as verified by the International 
                Atomic Energy Agency, marks a fundamental shift in 
                circumstances with respect to Iran's nuclear program. 
                In order to give effect to the United States 
                commitments with respect to sanctions described in 
                section 4 of Annex II and section 17.4 of Annex V of 
                the JCPOA, I am revoking Executive Orders 13574 of May 
                23, 2011, 13590 of November 20, 2011, 13622 of July 30, 
                2012, and 13645 of June 3, 2013, and amending Executive 
                Order 13628 of October 9, 2012, by revoking sections 5 
                through 7 and section 15. In addition, in section 3 of 
                this order, I am taking steps with respect to the 
                national emergency declared in Executive Order 12957 of 
                March 15, 1995, to provide implementation authorities 
                for aspects of certain statutory sanctions that are 
                outside the scope of the U.S. commitment to lift 
                nuclear-related sanctions under the JCPOA.

                This action is not intended to, and does not, limit the 
                applicability of waiver determinations or any renewals 
                thereof issued by the Secretary of State, or licenses 
                issued by the Secretary of the Treasury, to give effect 
                to sanctions commitments described in sections 17.1-
                17.3 and 17.5 of Annex V of the JCPOA, or otherwise 
                affect the national emergency declared in Executive 
                Order 12957, which shall remain in place, or any 
                Executive Order issued in furtherance of that national 
                emergency other than Executive Orders 13574, 13590, 
                13622, 13628, and 13645.

                I hereby order:

                Section 1. Revocation of Executive Orders. The 
                following Executive Orders are revoked:

                    (a) Executive Order 13574 of May 23, 2011 
                (Authorizing the Implementation of Certain Sanctions 
                Set Forth in the Iran Sanctions Act of 1996, as 
                Amended);

[[Page 3694]]

                    (b) Executive Order 13590 of November 20, 2011 
                (Authorizing the Imposition of Certain Sanctions With 
                Respect to the Provision of Goods, Services, 
                Technology, or Support for Iran's Energy and 
                Petrochemical Sectors);
                    (c) Executive Order 13622 of July 30, 2012 
                (Authorizing Additional Sanctions With Respect to 
                Iran); and
                    (d) 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).

                Sec. 2. Amendment of Executive Order. Executive Order 
                13628 of October 9, 2012 (Authorizing the 
                Implementation of Certain Sanctions Set Forth in the 
                Iran Threat Reduction and Syria Human Rights Act of 
                2012 and Additional Sanctions with Respect to Iran), is 
                amended by:

                    (a) Revoking current sections 5 through 7 and 15;
                    (b) Revising current section 4 by removing 
                ``section 5 of Executive Order 13622 of July 30, 
                2012,'' in subsection (a), replacing ``section 12'' 
                with ``section 9'' in subsection (a), and replacing 
                ``section 12'' with ``section 9'' in subsection (b);
                    (c) Revising current section 8 by inserting ``and'' 
                between ``2(a),'' and ``3(a)'' and removing ``, and 
                7(a)(iv)'';
                    (d) Revising current section 9 by inserting ``and'' 
                between ``2(a),'' and ``3(a)'' and removing ``, and 
                7(a)(iv)'';
                    (e) Revising current section 14 by inserting 
                ``and'' between ``2(a),'' and ``3(a)'' and removing ``, 
                and 7(a)(iv)'';
                    (f) Renumbering current sections 8 through 14 as 
                sections 5 through 11, respectively; and
                    (g) Renumbering current sections 16 through 19 as 
                sections 12 through 15, respectively.

                Sec. 3. Provision of Implementation Authorities for 
                Sanctions Outside the Scope of the JCPOA.

(a)(i) 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 (a)(ii) of this section upon determining, 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 for knowingly providing significant 
financial, material, technological, or other support to, or goods or 
services in support of any activity or transaction on behalf of or for the 
benefit of persons described in section 1244(c)(2)(C)(iii) of IFCA.

(ii) With respect to any person determined by the Secretary of the Treasury 
in accordance with this subsection to meet the criteria set forth in 
subsection (a)(i) 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.

(iii) The prohibitions in subsection (a)(ii) 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.

(b)(i) 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 sections 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) for 
engaging in transactions or activities outside the scope of the waiver

[[Page 3695]]

determinations as to IFCA issued by the Secretary of State to give effect 
to sanctions commitments described in sections 17.1-17.3 and 17.5 of Annex 
V of the JCPOA, and any renewals thereof, 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:

  (A) 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;

  (B) 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;

  (C) 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;

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

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

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

  (G) 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 (b)(i)(A)-(F) of this 
section, as selected by the Secretary of State or the Secretary of the 
Treasury, as appropriate.

(ii) The prohibitions in subsection (b)(i) 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.

(c)(i) 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:

  (A) 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;

  (B) 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 (c)(i)(A) of this section;

  (C) 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 (c)(i)(A) or (c)(i)(B) 
of this section

[[Page 3696]]

or any person whose property and interests in property are blocked pursuant 
to subsection (c)(i) of this section; or

  (D) 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 subsection (c)(i) of this 
section.

(ii) The prohibitions in subsection (c)(i) 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. 4. Donations. 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 3(a)(ii), 3(b)(i)(D), and 3(c)(i) of 
                this order.

                Sec. 5. Prohibitions. The prohibitions in subsections 
                3(a)(ii), 3(b)(i)(D), and 3(c)(i) 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.

                Sec. 6. Entry into the United States. I hereby find 
                that the unrestricted immigrant and nonimmigrant entry 
                into the United States of aliens who are determined to 
                meet one or more of the criteria in subsections 3(a)(i) 
                and 3(c)(i) 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 as of the date of this 
                order. 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. 7. General Authorities. The Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                is hereby authorized to take such actions, including 
                the promulgation of rules and regulations, and to 
                employ all powers granted to the President by IEEPA as 
                may be necessary to carry out the purposes of this 
                order, other than the purposes described in section 6 
                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. 8. Evasion and Conspiracy. (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. 9. Definitions. For the purposes of this order:

                    (a) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (b) the term ``financial institution,'' as used in 
                subsection 3(b) 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));

[[Page 3697]]

(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;

                    (c) the term ``Government of Iran'' includes 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;
                    (d) 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;
                    (e) the term ``person'' means an individual or 
                entity;
                    (f) 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) for engaging in transactions or 
                activities outside the scope of the waiver 
                determinations as to IFCA issued by the Secretary of 
                State to give effect to sanctions commitments described 
                in sections 17.1-17.3 and 17.5 of Annex V of the JCPOA, 
                and any renewals thereof, and on whom the Secretary of 
                State or the Secretary of the Treasury has imposed any 
                of the sanctions in subsection 3(b) of this order;
                    (g) the term ``United States financial 
                institution'' means a financial institution as defined 
                in subsection (b) 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
                    (h) 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.

                Sec. 10. Notice. 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 3(a)(ii), 
                3(b)(i)(D), or 3(c)(i) of this order.

                Sec. 11. Direction to Agencies. 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. 12. Rights. This order is not intended to, and 
                does not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                Sec. 13. Effect on Actions or Proceedings. Pursuant to 
                section 202 of the NEA (50 U.S.C. 1622), the revocation 
                of Executive Orders 13574, 13590, 13622, and 13645 and 
                the amendments to Executive Order 13628 as set forth in 
                sections 1 and 2 of this order, shall not affect any 
                action taken or proceeding pending not finally 
                concluded or determined as of the date

[[Page 3698]]

                of this order, or any action or proceeding based on any 
                act committed prior to the date of this order, or any 
                rights or duties that matured or penalties that were 
                incurred prior to the date of this order.

                Sec. 14. Relationship to Algiers Accords. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 16, 2016.

[FR Doc. 2016-01325
Filed 1-20-16; 11:15 am]
Billing code 3295-F6-P