Authorizing the Implementation of Certain Sanctions Set Forth in the Iran Freedom and Counter- Proliferation Act of 2012 and Additional Sanctions With Respect To Iran

Executive Order 13645 of June 3, 2013

Authorizing the Implementation of Certain
Sanctions Set Forth in the Iran Freedom and Counter-
Proliferation Act of 2012 and Additional 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.), the
Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (Public Law 111-195) (22 U.S.C.
8501 et seq.) (CISADA), 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, and in order to take additional
steps with respect to the national emergency declared
in Executive Order 12957 of March 15, 1995,

I, BARACK OBAMA, President of the United States of
America, hereby order:

Section 1. (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 the effective date of this
order:

(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
(including any foreign branch) 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.

Sec. 2. (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:

(i) that the person has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or services to
or in support of, any Iranian person included on the list of Specially
Designated Nationals and Blocked Persons maintained by the Office of
Foreign Assets 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 any other person
included on the SDN List whose property and interests in property are
blocked pursuant to this paragraph 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

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

    (b) With respect to any person 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, 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 (including any foreign
branch) 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.

Sec. 3. (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 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 2(a)(i) 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); or

(ii) on or after the effective date of this order, for the sale, supply, or
transfer to Iran of significant goods or services used in connection with
the automotive sector of Iran.

    (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 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) Subsection (a)(i) 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)(i) 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) Subsection (a)(i) of this section shall not
apply to any person for conducting or facilitating a
transaction for the provision 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.

Sec. 4. Subsections 2(a) and 3(a)(i) 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
the Iran Threat Reduction and Syria Human Rights Act of
2012 (Public Law 112-158) (22 U.S.C. 8701 et seq.) to
which the exception under that section applies.

Sec. 5. 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 6 or 7 of this order
upon determining that the person:

    (a) on or after the effective date of this order,
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;
    (b) is a successor entity to a person determined by
the Secretary of State in accordance with this section
to meet the criteria in subsection (a) of this section;
    (c) owns or controls a person determined by the
Secretary of State in accordance with this section to
meet the criteria in subsection (a) of this section,
and had knowledge that the person engaged in the
activities referred to in that subsection; or
    (d) 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 the criteria in subsection (a) of this section,
and knowingly participated in the activities referred
to in that subsection.

Sec. 6. When the Secretary of State, in accordance with
the terms of section 5 of this order, has determined
that a person meets any of the criteria described in
subsections (a)-(d) 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 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 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
    (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.

Sec. 7. (a) When 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
shall be imposed on a person pursuant to section
1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA
(including in each case as informed by section
1253(c)(2) of IFCA) or when the Secretary of State, in
accordance with the terms of section 5 of this order,
has determined that a person meets any of the criteria
described in subsections (a)-(d) of that section, such
Secretary may select one or more of the sanctions set
forth below to impose on that person, and 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 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
(including any foreign branch) 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 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.

Sec. 8. (a) 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
(including any foreign branch) of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in: any person determined
by the Secretary of the Treasury, in consultation with
or at the recommendation of the Secretary of State:

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

(iv) to be owned or controlled by, or to have 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) 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.

Sec. 9. 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)(ii), 2(b),
7(a)(iv), and 8(a) of this order.

Sec. 10. The prohibitions in subsections 1(b)(ii),
2(b), 7(a)(iv), and 8(a) of this order include but are
not limited to:

    (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. 11. I hereby find that the unrestricted immigrant
and nonimmigrant entry into the United States of aliens
who meet one or more of the criteria in subsection
2(a), section 5, and subsection 8(a) of this order
would be detrimental to the interests of the United
States, and I hereby suspend the entry into the United
States, as immigrants or nonimmigrants, of such
persons. 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. 12. The Secretary of the Treasury, in consultation
with the Secretary of State, 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, other than the purposes
described in sections 5, 6, and 11 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.

Sec. 13. (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. 14. 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 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,” as used in
sections 6 and 7 of this order, 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,” as
used in sections 1 and 3 of this order, 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,” as used in
sections 2 and 3 of this order, 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 term “person” means an individual or
entity;
    (k) 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;
    (l) 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;
    (m) the term “sanctioned person” means a person
that 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 shall be imposed pursuant to section
1244(d)(1)(A), 1245(a)(1), or 1246(a)(1) of IFCA
(including in each case as informed by section
1253(c)(2) of IFCA), and on whom the Secretary of State
or the Secretary of the Treasury has imposed any of the
sanctions in section 6 or 7 of this order or a person
on whom the Secretary of State, in accordance with the
terms of section 5 of this order, has determined to
impose sanctions pursuant to section 5;
    (n) for the purposes of this order, 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;
    (o) 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
    (p) 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. 15. 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 an action taken pursuant to subsection 1(b)(ii),
2(b), 7(a)(iv), or 8(a) of this order.

Sec. 16. Executive Order 13622 of July 30, 2012, is
hereby amended as follows:

    (a) Subsection (a)(ii) of section 1 is amended by
replacing “for the purchase or acquisition of
petroleum or petroleum products from Iran” with “for
the purchase, acquisition, sale, transport, or
marketing of petroleum or petroleum products from
Iran”.
    (b) Subsection (a)(iii) of section 1 is amended by
replacing “for the purchase or acquisition of
petrochemical products from Iran” with “for the
purchase, acquisition, sale, transport, or marketing of
petrochemical products from Iran”.
    (c) Subsection (a)(i) of section 2 is amended by
replacing “knowingly, on or after the effective date
of this order, engaged in a significant transaction for
the purchase or acquisition of petroleum or petroleum
products from Iran” with “knowingly, on or after the
effective date of this order, engaged in a significant
transaction for the purchase, acquisition, sale,
transport, or marketing of petroleum or petroleum
products from Iran”.
    (d) Subsection (a)(ii) of section 2 is amended by
replacing “knowingly, on or after the effective date
of this order, engaged in a significant transaction for
the purchase or acquisition of petrochemical products
from Iran” with “knowingly, on or after the effective
date of this order, engaged in a significant
transaction for the purchase, acquisition, sale,
transport, or marketing of petrochemical products from
Iran”.
    (e) Subsection (e) of section 10 is amended by
inserting the words “dealers in precious metals,
stones, or jewels,” after the words “employee benefit
plans,”.

Sec. 17. All agencies of the United States Government
are hereby directed to take all appropriate measures
within their authority to carry out the provisions of
this order.

Sec. 18. 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.

Sec. 19. 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. 20. This order is effective at 12:01 a.m. eastern
daylight time on July 1, 2013.

    (Presidential Sig.)

 THE WHITE HOUSE,

    June 3, 2013.