[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Presidential Documents]
[Pages 44531-44533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22482]
Presidential Documents
Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 /
Presidential Documents
[[Page 44531]]
Executive Order 13059 of August 19, 1997
Prohibiting Certain Transactions 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.),
section 505 of the International Security and
Development Cooperation Act of 1985 (22 U.S.C. 2349aa-
9) (``ISDCA''), and section 301 of title 3, United
States Code,
I, WILLIAM J. CLINTON, President of the United States
of America, in order to clarify the steps taken in
Executive Orders 12957 of March 15, 1995, and 12959 of
May 6, 1995, to deal with the unusual and extraordinary
threat to the national security, foreign policy, and
economy of the United States declared in Executive
Order 12957 in response to the actions and policies of
the Government of Iran, hereby order:
Section 1. Except to the extent provided in section 3
of this order or in regulations, orders, directives, or
licenses 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 importation into the United States
of any goods or services of Iranian origin or owned or
controlled by the Government of Iran, other than
information or informational materials within the
meaning of section 203(b)(3) of IEEPA (50 U.S.C.
1702(b)(3)), is hereby prohibited.
Sec. 2. Except to the extent provided in section 3 of
this order, in section 203(b) of IEEPA (50 U.S.C.
1702(b)), or in regulations, orders, directives, or
licenses 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 prohibited:
(a) the exportation, reexportation, sale, or
supply, directly or indirectly, from the United States,
or by a United States person, wherever located, of any
goods, technology, or services to Iran or the
Government of Iran, including the exportation,
reexportation, sale, or supply of any goods,
technology, or services to a person in a third country
undertaken with knowledge or reason to know that:
(i) such goods, technology, or services are
intended specifically for supply, transshipment, or
reexportation, directly or indirectly, to Iran or the
Government of Iran; or
(ii) such goods, technology, or services are
intended specifically for use in the production of, for
commingling with, or for incorporation into goods,
technology, or services to be directly or indirectly
supplied, transshipped, or reexported exclusively or
predominantly to Iran or the Government of Iran;
(b) the reexportation from a third country,
directly or indirectly, by a person other than a United
States person of any goods, technology, or services
that have been exported from the United States, if:
(i) undertaken with knowledge or reason to know
that the reexportation is intended specifically for
Iran or the Government of Iran, and
(ii) the exportation of such goods, technology, or
services to Iran from the United States was subject to
export license application requirements under any
United States regulations in effect on May 6, 1995, or
thereafter
[[Page 44532]]
is made subject to such requirements imposed
independently of the actions taken pursuant to the
national emergency declared in Executive Order 12957;
provided, however, that this prohibition shall not
apply to those goods or that technology subject to
export license application requirements if such goods
or technology have been:
(A) substantially transformed into a foreign-made
product outside the United States; or
(B) incorporated into a foreign-made product
outside the United States if the aggregate value of
such controlled United States goods and technology
constitutes less than 10 percent of the total value of
the foreign-made product to be exported from a third
country;
(c) any new investment by a United States person in
Iran or in property, including entities, owned or
controlled by the Government of Iran;
(d) any transaction or dealing by a United States
person, wherever located, including purchasing,
selling, transporting, swapping, brokering, approving,
financing, facilitating, or guaranteeing, in or related
to:
(i) goods or services of Iranian origin or owned or
controlled by the Government of Iran; or
(ii) goods, technology, or services for
exportation, reexportation, sale, or supply, directly
or indirectly, to Iran or the Government of Iran;
(e) any approval, financing, facilitation, or
guarantee by a United States person, wherever located,
of a transaction by a foreign person where the
transaction by that foreign person would be prohibited
by this order if performed by a United States person or
within the United States; and
(f) any transaction by a United States person or
within the United States that evades or avoids, or has
the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this
order.
Sec. 3. Specific licenses issued pursuant to Executive
Orders 12613 (of October 29, 1987), 12957, or 12959
continue in effect in accordance with their terms
except to the extent revoked, amended, or modified by
the Secretary of the Treasury. General licenses,
regulations, orders, and directives issued pursuant to
those orders continue in effect in accordance with
their terms except to the extent inconsistent with this
order or to the extent revoked, amended, or modified by
the Secretary of the Treasury.
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, 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
(including foreign branches), or any person in the
United States;
(d) the term ``Iran'' means 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;
(e) the term ``Government of Iran'' includes the
Government of Iran, any political subdivision, agency,
or instrumentality thereof, and any person owned or
controlled by, or acting for or on behalf of, the
Government of Iran;
(f) the term ``new investment'' means:
(i) a commitment or contribution of funds or other
assets; or
(ii) a loan or other extension of credit, made
after the effective date of Executive Order 12957 as to
transactions prohibited by that order, or otherwise
made after the effective date of Executive Order 12959.
[[Page 44533]]
Sec. 5. The Secretary of the Treasury, in consultation
with the Secretary of State and, as appropriate, other
agencies, is hereby authorized to take such actions,
including the promulgation of rules and regulations,
the requirement of reports, including reports by United
States persons on oil and related transactions engaged
in by their foreign affiliates with Iran or the
Government of Iran, and to employ all powers granted to
me by IEEPA and the ISDCA 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.
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. 6. (a) The Secretary of the Treasury may authorize
the exportation or reexportation to Iran or the
Government of Iran of any goods, technology, or
services also subject to export license application
requirements of another agency of the United States
Government only if authorization by that agency of the
exportation or reexportation to Iran would be permitted
by law.
(b) Nothing contained in this order shall be
construed to supersede the requirements established
under any other provision of law or to relieve a person
from any requirement to obtain a license or other
authorization from another department or agency of the
United States Government in compliance with applicable
laws and regulations subject to the jurisdiction of
that department or agency.
Sec. 7. The provisions of this order consolidate the
provisions of Executive Orders 12613, 12957, and 12959.
Executive Order 12613 and subsections (a), (b), (c),
(d), and (f) of section 1 of Executive Order 12959 are
hereby revoked with respect to transactions occurring
after the effective date of this order. The revocation
of those provisions shall not alter their applicability
to any transaction or violation occurring before the
effective date of this order, nor shall it affect the
applicability of any rule, regulation, order, license,
or other form of administrative action previously taken
pursuant to Executive Orders 12613 or 12959.
Sec. 8. Nothing contained in this order shall create
any right or benefit, substantive or procedural,
enforceable by any party against the United States, its
agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 9. 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. 10. (a) This order is effective at 12:01 a.m.
eastern daylight time on August 20, 1997.
(b) This order shall be transmitted to the Congress
and published in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
August 19, 1997.
[FR Doc. 97-22482
Filed 8-20-97; 11:16 am]
Billing code 3195-01-P
