Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons
Signed June 25, 2012·Barack Obama·77 FR 38459
Source
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Plain-language summary
Declares a national emergency concerning the risk of nuclear proliferation from Russia's stockpile of weapons-usable fissile material, and blocks Russian government property in the United States that is directly related to implementation of a 1993 agreement between the United States and Russia on converting highly enriched uranium from nuclear weapons into low-enriched uranium for commercial reactor fuel. This blocking is meant to shield payments owed to Russia under that agreement from attachment, judgment, lien, or other legal process, and it voids any such judicial actions taken against the covered property unless authorized by license. It prohibits transactions that evade or attempt to violate these restrictions. It directs federal agencies to keep supporting full implementation of the underlying agreements and authorizes the Secretary of the Treasury, in consultation with the Secretary of State and Secretary of Energy, to issue regulations and licenses needed to carry out the order, and to report to Congress on the emergency.
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Legal standing
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Claimed authority
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), and section 301 of title 3, United States Code
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
See: EO 12938, November 14, 1994; EO 13085, May 26, 1998; EO 13159, June 21, 2000 Revoked by: EO 13695, May 26, 2015
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13617 of June 25, 2012
Blocking Property of the Government of the
Russian Federation Relating to the Disposition of
Highly Enriched Uranium Extracted From Nuclear Weapons
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), and section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of
America, in view of the policies underlying Executive
Order 12938 of November 14, 1994, and Executive Order
13085 of May 26, 1998, and the restrictions put in
place pursuant to Executive Order 13159 of June 21,
2000, find that the risk of nuclear proliferation
created by the accumulation of a large volume of
weapons-usable fissile material in the territory of the
Russian Federation continues to constitute an unusual
and extraordinary threat to the national security and
foreign policy of the United States, and hereby declare
a national emergency to deal with that threat. I hereby
order:
Section 1. A major national security goal of the United
States is to ensure that fissile material removed from
Russian nuclear weapons pursuant to various arms
control and disarmament agreements is dedicated to
peaceful uses, subject to transparency measures, and
protected from diversion to activities of proliferation
concern. As reflected in Executive Order 13085, the
full implementation of the Agreement Between the
Government of the United States of America and the
Government of the Russian Federation Concerning the
Disposition of Highly Enriched Uranium Extracted from
Nuclear Weapons, dated February 18, 1993, and related
contracts and agreements (collectively, the “HEU
Agreements”) is essential to the attainment of this
goal. The HEU Agreements provide for the conversion of
approximately 500 metric tons of highly enriched
uranium contained in Russian nuclear weapons into low-
enriched uranium for use as fuel in commercial nuclear
reactors. In furtherance of our national security
goals, all heads of departments and agencies of the
United States Government shall continue to take all
appropriate measures within their authority to further
the full implementation of the HEU Agreements.
Sec. 2. Government of the Russian Federation assets
directly related to the implementation of the HEU
Agreements currently may be subject to attachment,
judgment, decree, lien, execution, garnishment, or
other judicial process, thereby jeopardizing the full
implementation of the HEU Agreements to the detriment
of U.S. foreign policy. In order to ensure the
preservation and proper and complete transfer to the
Government of the Russian Federation of all payments
due to it under the HEU Agreements, and except to the
extent provided in regulations, orders, directives, or
licenses that may be issued pursuant to this order, or
that were issued pursuant to Executive Order 13159 of
June 21, 2000, all property and interests in property
of the Government of the Russian Federation directly
related to the implementation of the HEU Agreements
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
persons, including any foreign branch, are blocked and
may not be transferred, paid, exported, withdrawn, or
otherwise dealt in. Unless licensed or authorized
pursuant to this order,
or Executive Order 13159 of June 21, 2000, any
attachment, judgment, decree, lien, execution,
garnishment, or other judicial process is null and void
with respect to any property or interest in property
blocked pursuant to this order.
Sec. 3. (a) Any transaction that evades or avoids, has
the purpose of evading or avoiding, causes a violation
of, or attempts to violate any of the prohibitions set
forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 4. For the purposes of this order:
(a) the term “person” means an individual or
entity;
(b) the term “entity” means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization;
(c) 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;
and
(d) the term “Government of the Russian
Federation” means the Government of the Russian
Federation, any political subdivision, agency, or
instrumentality thereof, and any person owned or
controlled by, or acting for or on behalf of, the
Government of the Russian Federation.
Sec. 5. (a) The Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary
of Energy, and, as appropriate, other agencies, is
hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ
all powers granted to the President by IEEPA, as may be
necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United
States Government consistent with applicable law. All
agencies of the United States Government are hereby
directed to take all appropriate measures within their
statutory authority to carry out the provisions of this
order.
(b) Nothing contained in this order shall relieve a
person from any requirement to obtain a license or
other authorization from any department or agency of
the United States Government in compliance with
applicable laws and regulations subject to the
jurisdiction of the department or agency.
Sec. 6. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
submit the recurring and final reports to the Congress
on the national emergency declared in this order,
consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C.
1703(c)).
Sec. 7. 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.
(Presidential Sig.)
THE WHITE HOUSE,
June 25, 2012.Reproduced from the Federal Register plain-text record, signed June 25, 2012. Typesetting artifacts are removed; no wording is changed.