83 FR 38939 - Reimposing Certain Sanctions With Respect to Iran
Executive Office of the President
Federal Register Volume 83, Issue 152 (August 7, 2018)
Page Range
38939-38949
FR Document
2018-17068
Federal Register, Volume 83 Issue 152 (Tuesday, August 7, 2018)
[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Presidential Documents]
[Pages 38939-38949]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-17068]
[[Page 38937]]
Vol. 83
Tuesday,
No. 152
August 7, 2018
Part III
The President
-----------------------------------------------------------------------
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