Report to Congress Pursuant to Section 1245(e) of the National Defense Authorization Act for Fiscal Year 2013 (FY13 NDAA), 66265 [2019-26069]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Page 66265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26069]


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DEPARTMENT OF STATE

[Public Notice: 10958]


Report to Congress Pursuant to Section 1245(e) of the National 
Defense Authorization Act for Fiscal Year 2013 (FY13 NDAA)

ACTION: Notice of report.

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FOR FURTHER INFORMATION CONTACT: On general issues: Rachael Jagielski, 
Office of Counterproliferation Initiatives, Department of State, Tel: 
(202) 647-5193.

Report (October 29, 2019)

    Section 1245(e) of the FY13 NDAA, known as the Iran Freedom and 
Counter-Proliferation Act of 2012 (IFCA), as delegated, requires that 
the Secretary of State, in consultation with the Secretary of the 
Treasury, determine (1) whether Iran is (A) using any of the materials 
described in subsection (d) of Section 1245 of IFCA as a medium for 
barter, swap, or any other exchange or transaction, or (B) listing any 
of such materials as assets of the Government of Iran for purposes of 
the national balance sheet of Iran; (2) which sectors of the economy of 
Iran are controlled directly or indirectly by Iran's Islamic 
Revolutionary Guard Corps (IRGC); and (3) which of the materials 
described in subsection (d) are used in connection with the nuclear, 
military, or ballistic missile programs of Iran. Materials described in 
subsection (d) of Section 1245 are graphite, raw or semi-finished 
metals such as aluminum and steel, coal, and software for integrating 
industrial processes.
    The previous report under Section 1245(e) of IFCA was dated 
February 10, 2014. The information available for the time period from 
January 1, 2014 to December 31, 2016 has been reviewed, and this report 
provides a determination for each item identified in Section 1245(e) 
for that period.
    Following a review of the available information, and in 
consultation with the Department of the Treasury, the Secretary of 
State has determined that Iran is not using the materials described in 
Section 1245(d) as a medium for barter, swap, or any other exchange or 
transaction; nor is Iran listing any such materials as assets of the 
Government of Iran for purposes of the national balance sheet of Iran.
    Following a review of the available information, and in 
consultation with the Department of the Treasury, the Secretary of 
State has not identified a sector of the Iranian economy that is 
controlled directly or indirectly by the IRGC. This finding reflects a 
change in the IRGC's influence over the energy sector since the 
previous report under Section 1245(e).
    As previously determined, of the 31 materials expected to be 
included within the scope of Section 1245(d) of IFCA, certain types of 
the following materials are used in connection with the nuclear, 
military, or ballistic missile programs of Iran: Aluminum, beryllium, 
boron, cobalt, copper, copper-infiltrated tungsten, copper-beryllium, 
graphite, hastelloy, Inconel, magnesium, molybdenum, nickel, niobium, 
silver-infiltrated tungsten, steels (including, but not limited to, 
maraging steels and stainless steels), titanium diboride, tungsten, 
tungsten carbide, and zirconium.
    Following a review of the available information, and in 
consultation with the Department of the Treasury, the Secretary of 
State has determined that, of the materials listed above, the following 
certain types of those materials are used in connection with the 
nuclear, military, or ballistic missile programs of Iran: Stainless 
steel 304L tubes, MN40 manganese brazing foil, MN70 manganese brazing 
foil, and stainless steel CrNi60WTi ESR+VAR (chromium, nickel, 60 
percent tungsten, titanium, electro-slag remelting, vacuum arc 
remelting). Subsequent to this determination, if the Secretary of 
State, in consultation with the Secretaries of the Treasury and 
Commerce and the U.S. Trade Representative, and other agencies as 
appropriate, determines that a person knowingly sells, supplies, or 
transfers, directly or indirectly, to or from Iran, any of the 
materials listed in this paragraph, sanctions would be applicable 
pursuant to Section 1245(a)(1)(C)(i)(III) of IFCA.

    Dated: October 29, 2019.
Michael R. Pompeo,
Secretary of State.
[FR Doc. 2019-26069 Filed 12-2-19; 8:45 am]
 BILLING CODE 4710-27-P