Reimposing Certain Sanctions With Respect to Iran, 38939-38949 [2018-17068]

Agencies

• Executive Office of the President

[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Presidential Documents]
[Pages 38939-38949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17068]



[[Page 38937]]

Vol. 83

Tuesday,

No. 152

August 7, 2018

Part III





The President





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Executive Order 13846--Reimposing Certain Sanctions With Respect to 
Iran


                        Presidential Documents 



Federal Register / Vol. 83 , No. 152 / Tuesday, August 7, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 38939]]

                Executive Order 13846 of August 6, 2018

                
Reimposing Certain 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.) 
                (NEA), the Iran Sanctions Act of 1996 (Public Law 104-
                172) (50 U.S.C. 1701 note), as amended (ISA), the 
                Comprehensive Iran Sanctions, Accountability, and 
                Divestment Act of 2010 (Public Law 111-195) (22 U.S.C. 
                8501 et seq.), as amended (CISADA), the Iran Threat 
                Reduction and Syria Human Rights Act of 2012 (Public 
                Law 112-158) (TRA), 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, in order to take additional steps 
                with respect to the national emergency declared in 
                Executive Order 12957 of March 15, 1995,

                I, DONALD J. TRUMP, President of the United States of 
                America, in light of my decision on May 8, 2018, to 
                cease the participation of the United States in the 
                Joint Comprehensive Plan of Action of July 14, 2015 
                (JCPOA), and to re-impose all sanctions lifted or 
                waived in connection with the JCPOA as expeditiously as 
                possible and in no case later than 180 days from May 8, 
                2018, as outlined in the National Security Presidential 
                Memorandum-11 of May 8, 2018 (Ceasing United States 
                Participation in the Joint Comprehensive Plan of Action 
                and Taking Additional Action to Counter Iran's Malign 
                Influence and Deny Iran All Paths to a Nuclear Weapon), 
                and to advance the goal of applying financial pressure 
                on the Iranian regime in pursuit of a comprehensive and 
                lasting solution to the full range of the threats posed 
                by Iran, including Iran's proliferation and development 
                of missiles and other asymmetric and conventional 
                weapons capabilities, its network and campaign of 
                regional aggression, its support for terrorist groups, 
                and the malign activities of the Islamic Revolutionary 
                Guard Corps and its surrogates, hereby order as 
                follows:

                Section 1. Blocking Sanctions Relating to Support for 
                the Government of Iran's Purchase or Acquisition of 
                U.S. Bank Notes or Precious Metals; Certain Iranian 
                Persons; and Iran's Energy, Shipping, and Shipbuilding 
                Sectors and Port Operators. (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 that:

(i) on or after August 7, 2018, the person has materially assisted, 
sponsored, or provided financial, material, or technological support for, 
or goods or services in support of, the purchase or acquisition of U.S. 
bank notes or precious metals by the Government of Iran;

(ii) on or after November 5, 2018, the person has materially assisted, 
sponsored, or provided financial, material, or technological support for, 
or goods or services in support of, the National Iranian Oil Company 
(NIOC), Naftiran Intertrade Company (NICO), or the Central Bank of Iran;

(iii) on or after November 5, 2018, the person has materially assisted, 
sponsored, or provided financial, material, or technological support for, 
or goods or services to or in support of:

  (A) any Iranian person included on the list of Specially Designated 
Nationals and Blocked Persons maintained by the Office of Foreign Assets

[[Page 38940]]

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

  (B) any other person included on the SDN List whose property and 
interests in property are blocked pursuant to subsection (a) of this 
section 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

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

  (A) is part of the energy, shipping, or shipbuilding sectors of Iran;

  (B) operates a port in Iran; or

  (C) knowingly provides significant financial, material, technological, or 
other support to, or goods or services in support of any activity or 
transaction on behalf of a person determined under section 1244(c)(2)(A) of 
IFCA to be a part of the energy, shipping, or shipbuilding sectors of Iran; 
a person determined under section 1244(c)(2)(B) of IFCA to operate a port 
in Iran; or an Iranian person included on the SDN List (other than a person 
described in section 1244(c)(3) of IFCA).

                    (b) With respect to any person determined by the 
                Secretary of the Treasury in accordance with this 
                section to meet any of the criteria set forth in 
                subsections (a)(i)-(a)(iv) 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 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 or, where specifically provided, the 
                effective date of the prohibition.

                Sec. 2. Correspondent and Payable-Through Account 
                Sanctions Relating to Iran's Automotive Sector; Certain 
                Iranian Persons; and Trade in Iranian Petroleum, 
                Petroleum Products, and Petrochemical Products. (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 or after August 7, 2018, for the sale, supply, or transfer to Iran 
of significant goods or services used in connection with the automotive 
sector of Iran;

(ii) on or after November 5, 2018, 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 1(a) 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);

(iii) on or after November 5, 2018, with NIOC or NICO, except for a sale or 
provision to NIOC or NICO of the products described in section 
5(a)(3)(A)(i) of ISA provided that the fair market value of such products 
is lower than the applicable dollar threshold specified in that provision;

[[Page 38941]]

(iv) on or after November 5, 2018, for the purchase, acquisition, sale, 
transport, or marketing of petroleum or petroleum products from Iran; or

(v) on or after November 5, 2018, for the purchase, acquisition, sale, 
transport, or marketing of petrochemical products from Iran.

                    (b) With respect to any foreign financial 
                institution determined by the Secretary of the Treasury 
                in accordance with this section to meet any of the 
                criteria set forth in subsections (a)(i)-(a)(v) 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) Subsections (a)(ii)-(a)(iv) 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

(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)(ii) 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) Subsections (a)(ii)-(a)(v) of this section 
                shall not apply with respect to any person for 
                conducting or facilitating a transaction for the 
                provision (including any sale) 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 or, where specifically provided, the 
                effective date of the prohibition.

                Sec. 3. ``Menu-based'' Sanctions Relating to Iran's 
                Automotive Sector and Trade in Iranian Petroleum, 
                Petroleum Products, and Petrochemical Products. (a) 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 4 or 5 of this order upon 
                determining that the person:

(i) on or after August 7, 2018, 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;

(ii) on or after November 5, 2018, knowingly engaged in a significant 
transaction for the purchase, acquisition, sale, transport, or marketing of 
petroleum or petroleum products from Iran;

[[Page 38942]]

(iii) on or after November 5, 2018, knowingly engaged in a significant 
transaction for the purchase, acquisition, sale, transport, or marketing of 
petrochemical products from Iran;

(iv) is a successor entity to a person determined by the Secretary of State 
in accordance with this section to meet any of the criteria set forth in 
subsections (a)(i)-(a)(iii) of this section;

(v) owns or controls a person determined by the Secretary of State in 
accordance with this section to meet any of the criteria set forth in 
subsections (a)(i)-(a)(iii) of this section, and had knowledge that the 
person engaged in the activities referred to in those subsections; or

(vi) 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 any of the criteria set forth in subsections (a)(i)-
(a)(iii) of this section, and knowingly participated in the activities 
referred to in those subsections.

                    (b) Subsection (a)(ii) of this section shall apply 
                with respect to a person only if:

(i) the President determines under subparagraphs (4)(B) and (C) of 
subsection 1245(d) of the 2012 NDAA 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

(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.

                Sec. 4. Agency Implementation Authorities for ``Menu-
                based'' Sanctions. When the Secretary of State, in 
                accordance with the terms of section 3 of this order, 
                has determined that a person meets any of the criteria 
                described in subsections (a)(i)-(a)(vi) 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 of the United States 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 or regulation that requires the prior 
                review 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

[[Page 38943]]

                    (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 or, where specifically provided, the 
                effective date of the prohibition.

                Sec. 5. Additional Implementation Authorities for 
                ``Menu-based'' Sanctions. (a) When the President, or 
                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 described in section 6(a) of 
                ISA shall be imposed on a person pursuant to ISA, 
                CISADA, TRA, or IFCA and has selected one or more of 
                the sanctions set forth below to impose on that person 
                or when the Secretary of State, in accordance with the 
                terms of section 3 of this order, has determined that a 
                person meets any of the criteria described in 
                subsections (a)(i)-(a)(vi) of that section and has 
                selected one or more of the sanctions set forth below 
                to impose on that person, 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 
                President, 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 
of the sanctioned person, and provide that such 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 President or 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 or, where specifically provided, the 
                effective date of the prohibition.

[[Page 38944]]

                Sec. 6. Sanctions Relating to the Iranian Rial. (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 
                August 7, 2018:

(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 
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 or, where specifically provided, the 
                effective date of the prohibition.

                Sec. 7. Sanctions with Respect to the Diversion of 
                Goods Intended for the People of Iran, the Transfer of 
                Goods or Technologies to Iran that are Likely to be 
                Used to Commit Human Rights Abuses, and Censorship. (a) 
                The Secretary of the Treasury, in consultation with or 
                at the recommendation of the Secretary of State, is 
                hereby authorized to impose on a person the measures 
                described in subsection (b) of this section upon 
                determining that the person:

(i) has 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) has 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) has knowingly, on or after August 10, 2012, transferred, or 
facilitated the transfer of, goods or technologies to Iran, any entity 
organized under the laws of Iran or otherwise subject to the jurisdiction 
of the Government of Iran, or any national of Iran, for use in or with 
respect to Iran, that are likely to be used by the Government of Iran or 
any of its agencies or instrumentalities, or by any other person on behalf 
of the Government of Iran or any of such agencies or instrumentalities, to 
commit serious human rights abuses against the people of Iran;

(iv) has knowingly, on or after August 10, 2012, provided services, 
including services relating to hardware, software, or specialized 
information or professional consulting, engineering, or support services, 
with respect to goods or technologies that have been transferred to Iran 
and that are likely to be used by the Government of Iran or any of its 
agencies or instrumentalities, or by any other person on behalf of the 
Government of Iran or any of such agencies or instrumentalities, to commit 
serious human rights abuses against the people of Iran;

[[Page 38945]]

(v) has engaged in censorship or other activities with respect to Iran on 
or after June 12, 2009, that prohibit, limit, or penalize the exercise of 
freedom of expression or assembly by citizens of Iran, or that limit access 
to print or broadcast media, including the facilitation or support of 
intentional frequency manipulation by the Government of Iran or an entity 
owned or controlled by the Government of Iran that would jam or restrict an 
international signal;

(vi) has materially assisted, sponsored, or provided financial, material, 
or technological support for, or goods or services to or in support of, the 
activities described in subsections (a)(i)-(a)(v) of this section or any 
person whose property and interests in property are blocked pursuant to 
this section; or

(vii) is owned or controlled by, or has 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) With respect to any person determined by the 
                Secretary of the Treasury in accordance with this 
                section to meet any of the criteria set forth in 
                subsections (a)(i)-(a)(vii) 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 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 or, where specifically provided, the 
                effective date of the prohibition.

                Sec. 8. Entities Owned or Controlled by a United States 
                Person and Established or Maintained Outside the United 
                States. (a) No entity owned or controlled by a United 
                States person and established or maintained outside the 
                United States may knowingly engage in any transaction, 
                directly or indirectly, with the Government of Iran or 
                any person subject to the jurisdiction of the 
                Government of Iran, if that transaction would be 
                prohibited by Executive Order 12957, Executive Order 
                12959 of May 6, 1995, Executive Order 13059 of August 
                19, 1997, Executive Order 13599, or sections 1 or 15 of 
                this order, or any regulation issued pursuant to the 
                foregoing, if the transaction were engaged in by a 
                United States person or in the United States.

                    (b) Penalties assessed for violations of the 
                prohibition in subsection (a) of this section, and any 
                related violations of section 15 of this order may be 
                assessed against the United States person that owns or 
                controls the entity that engaged in the prohibited 
                transaction.
                    (c) 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 or, where specifically provided, the 
                effective date of the prohibition, except to the extent 
                provided in subsection 20(c) of this order.

                Sec. 9. Revoking and Superseding Prior Executive 
                Orders. The following Executive Orders are revoked and 
                superseded:

                    (a) 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); and
                    (b) Executive Order 13716 of January 16, 2016 
                (Revocation of Executive Orders 13574, 13590, 13622, 
                and 13645 With Respect to Iran, Amendment

[[Page 38946]]

                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).

                Sec. 10. Natural Gas Project Exception. Subsections 
                1(a), 2(a)(ii)-(a)(v), 3(a)(ii)-(a)(iii), and, with 
                respect to a person determined by the Secretary of 
                State in accordance with section 3 to meet the criteria 
                of 3(a)(ii)-(iii), 3(a)(iv)-(vi) 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 TRA to 
                which the exception under that section applies.

                Sec. 11. 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 1(b), 5(a)(iv), 6(b)(ii), and 7(b) of 
                this order.

                Sec. 12. Prohibitions. The prohibitions in subsections 
                1(b), 5(a)(iv), 6(b)(ii), and 7(b) of this order 
                include:

                    (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. 13. Entry into the United States. The unrestricted 
                immigrant and nonimmigrant entry into the United States 
                of aliens determined to meet one or more of the 
                criteria in subsections 1(a), 3(a), and 7(a) of this 
                order would be detrimental to the interests of the 
                United States, and the entry of such persons into the 
                United States, as immigrants or nonimmigrants, is 
                hereby suspended. 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. 14. General Authorities. The Secretary of the 
                Treasury, in consultation with the Secretary of State, 
                is hereby authorized to take such actions, including 
                adopting rules and regulations, to employ all powers 
                granted to me by IEEPA and sections 6(a)(6), 6(a)(7), 
                6(a)(8), 6(a)(9), 6(a)(11), and 6(a)(12) of ISA, and to 
                employ all powers granted to the United States 
                Government by section 6(a)(3) of ISA, as may be 
                necessary to carry out the purposes of this order, 
                other than the purposes described in sections 3, 4, and 
                13 of this order. The Secretary of the Treasury may, 
                consistent with applicable law, redelegate any of these 
                functions within the Department of the Treasury. All 
                agencies of the United States shall take all 
                appropriate measures within their authority to 
                implement this order.

                Sec. 15. 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 or in 
                Executive Order 12957, Executive Order 12959, Executive 
                Order 13059, or Executive Order 13599 is prohibited.

                    (b) Any conspiracy formed to violate any of the 
                prohibitions set forth in this order or in Executive 
                Order 12957, Executive Order 12959, Executive Order 
                13059, or Executive Order 13599 is prohibited.

                Sec. 16. Definitions. 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

[[Page 38947]]

                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'' 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'' 
                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 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'' 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 terms ``Naftiran Intertrade Company'' and 
                ``NICO'' mean the Naftiran Intertrade Company Ltd. and 
                any entity owned or controlled by, or operating for or 
                on behalf of, the Naftiran Intertrade Company Ltd.;
                    (k) the terms ``National Iranian Oil Company'' and 
                ``NIOC'' mean the National Iranian Oil Company and any 
                entity owned or controlled by, or operating for or on 
                behalf of, the National Iranian Oil Company;
                    (l) the term ``person'' means an individual or 
                entity;

[[Page 38948]]

                    (m) the term ``petrochemical products'' includes 
                any aromatic, olefin, and synthesis gas, and any of 
                their derivatives, including ethylene, propylene, 
                butadiene, benzene, toluene, xylene, ammonia, methanol, 
                and urea;
                    (n) 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;
                    (o) 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;
                    (p) the term ``sanctioned person'' means a person 
                that the President, or 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 described in section 6(a) of ISA shall 
                be imposed pursuant to ISA, CISADA, TRA, or IFCA, and 
                on whom the President, the Secretary of State, or the 
                Secretary of the Treasury has imposed any of the 
                sanctions in section 6(a) of ISA or a person on whom 
                the Secretary of State, in accordance with the terms of 
                section 3 of this order, has decided to impose 
                sanctions pursuant to section 3 of this order;
                    (q) 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;
                    (r) 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
                    (s) 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. 17. 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 a listing or determination made pursuant to 
                subsections 1(b), 5(a)(iv), 6(b)(ii), and 7(b) of this 
                order.

                Sec. 18. Delegation to Implement Section 104A of 
                CISADA. The Secretary of the Treasury, in consultation 
                with the Secretary of State, is hereby authorized to 
                take such actions, including adopting rules and 
                regulations, and to employ all powers granted to me by 
                IEEPA, as may be necessary to carry out section 104A of 
                CISADA (22 U.S.C. 8513b). The Secretary of the Treasury 
                may, consistent with applicable law, redelegate any of 
                these functions within the Department of the Treasury.

                Sec. 19. 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.

[[Page 38949]]

                Sec. 20. Effect on Actions or Proceedings, Blocked 
                Property, and Regulations, Orders, Directives, and 
                Licenses. (a) Pursuant to section 202 of the NEA (50 
                U.S.C. 1622), the revocation of Executive Orders 13716 
                and 13628 as set forth in section 9 of this order, 
                shall not affect any action taken or proceeding pending 
                not finally concluded or determined as of the effective 
                date of this order, or any action or proceeding based 
                on any act committed prior to the effective date of 
                this order, or any rights or duties that matured or 
                penalties that were incurred prior to the effective 
                date of this order.

                    (b) Except to the extent provided in statutes or 
                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, the 
                following are blocked and may not be transferred, paid, 
                exported, withdrawn, or otherwise dealt in: all 
                property and interests in property that were blocked 
                pursuant to Executive Order 13628 and remained blocked 
                immediately prior to the effective date of this order.
                    (c) Except to the extent provided in regulations, 
                orders, directives, or licenses that may be issued 
                pursuant to this order, all regulations, orders, 
                directives, or licenses that were issued pursuant to 
                Executive Order 13628 and remained in effect 
                immediately prior to the effective date of this order 
                are hereby authorized to remain in effect--subject to 
                their existing terms and conditions--pursuant to this 
                order, which continues in effect certain sanctions set 
                forth in Executive Order 13628.

                Sec. 21. 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.

                Sec. 22. Effective Date. This order is effective 12:01 
                a.m. eastern daylight time on August 7, 2018.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 6, 2018.

[FR Doc. 2018-17068
Filed 8-6-18; 2:00 pm]
Billing code 3295-F8-P