Reimposing Certain Sanctions With Respect to Iran

[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

), 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 Revolu

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;

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

terests 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.

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:

onsultation 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.

rket 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.

pply 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.

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:

he 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:

mon 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:

f 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;

ke 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.

y

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:

ions 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;

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:

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.

on; 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:

o 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]]

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, withdraw

is 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.

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

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.

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

ions. 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

owers

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;

ector 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

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;

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;

gs

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;

nzene, 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

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.

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.

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.

ding 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.

t 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