Appendix A to Part 562 - Executive Order 13553 of September 28, 2010
31:3.1.1.1.24.8.1.2.12 : Appendix A
Appendix A to Part 562 - Executive Order 13553 of September 28,
2010 EXECUTIVE ORDER BLOCKING PROPERTY OF CERTAIN PERSONS WITH
RESPECT TO SERIOUS HUMAN RIGHTS ABUSES BY THE GOVERNMENT OF IRAN
AND TAKING CERTAIN OTHER ACTIONS
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 (Pub. L. 111-195) (CISADA), 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) 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 overseas
branch, of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with or at the recommendation of the Secretary of
State:
(A) to be an official of the Government of Iran or a person
acting on behalf of the Government of Iran (including members of
paramilitary organizations) who is responsible for or complicit in,
or responsible for ordering, controlling, or otherwise directing,
the commission of serious human rights abuses against persons in
Iran or Iranian citizens or residents, or the family members of the
foregoing, on or after June 12, 2009, regardless of whether such
abuses occurred in Iran;
(B) 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)(ii)(A) of this section or any person whose property
and interests in property are blocked pursuant to this order;
or
(C) 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 order.
(b) I hereby determine that the making of donations of the type
of articles specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of any person whose property
and interests in property are blocked pursuant to subsection (a) of
this section 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 subsection (a) of this
section.
(c) The prohibitions in subsection (a) of this section include
but are not limited to:
(i) 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
(ii) the receipt of any contribution or provision of funds,
goods, or services from any such person.
(d) 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. 2. (a) Any transaction by a United States person or
within the United States 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. 3. 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;
(d) 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; and
(e) the term “family member” means, with respect to an
individual, a spouse, child, parent, sibling, grandchild, or
grandparent of the individual.
Sec. 4. 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
section 1(a) of this order.
Sec. 5. 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 and sections
105(a)-(c) of CISADA (22 U.S.C. 8514(a)-(c)), other than as
described in sections 6 and 7 of this order, as may be necessary to
carry out the purposes of this order other than the purposes of
sections 6 and 7. 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. The Secretary of
the Treasury, in consultation with the Secretary of State, is
hereby further authorized to exercise the functions and waiver
authorities conferred upon the President by section 401(b) of
CISADA (22 U.S.C. 8551(b)) with respect to the requirement to
impose or maintain sanctions pursuant to IEEPA under section 105(a)
of CISADA (22 U.S.C. 8514(a)) and to redelegate these functions and
waiver authorities consistent with applicable law. 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. The Secretary of State is hereby authorized to
exercise the functions and authorities conferred upon the President
by section 105(a) of CISADA (22 U.S.C. 8514(a)) with respect to
imposition of the visa sanctions described in section 105(c) of
CISADA (22 U.S.C. 8514(c)) and to redelegate these functions and
authorities consistent with applicable law. The Secretary of State
is hereby further authorized to exercise the functions and
authorities conferred upon the President by section 105(c) of
CISADA (22 U.S.C. 8514(c)) with respect to the promulgation of
rules and regulations related to the visa sanctions described
therein and to redelegate these functions and authorities
consistent with applicable law. The Secretary of State is hereby
further authorized to exercise the functions and waiver authorities
conferred upon the President by section 401(b) of CISADA (22 U.S.C.
8551(b)) with respect to the requirement to impose or maintain visa
sanctions under section 105(a) of CISADA (22 U.S.C. 8514(a)) and to
redelegate these functions and waiver authorities consistent with
applicable law. In exercising the functions and authorities in the
previous sentence, the Secretary of State shall consult the
Secretary of Homeland Security on matters related to admissibility
or inadmissibility within the authority of the Secretary of
Homeland Security.
Sec. 7. The Secretary of State, in consultation with the
Secretary of the Treasury, is hereby authorized to submit the
initial and updated lists of persons who are subject to visa
sanctions and whose property and interests in property are blocked
pursuant to this order to the appropriate congressional committees
as required by section 105(b) of CISADA (22 U.S.C. 8514(b)) and to
redelegate these functions consistent with applicable law. The
Secretary of State, in consultation with the Secretary of the
Treasury, is hereby further authorized to exercise the functions
and waiver authorities conferred upon the President by section
401(b) of CISADA (22 U.S.C. 8551(b)) with respect to the
requirement to include a person on the list required by section
105(b) of CISADA (22 U.S.C. 8514(b)) and to redelegate these
functions and waiver authorities consistent with applicable
law.
Sec. 8. 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 section 104 of CISADA (22 U.S.C. 8513). 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. 9. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to determine that
circumstances no longer warrant the blocking of the property and
interests in property of a person listed in the Annex to this
order, and to take necessary action to give effect to that
determination.
Sec. 10. 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. 11. 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
response to those later actions.
Sec. 12. This order is effective at 12:01 a.m. eastern
daylight time on September 29, 2010.
ANNEX Individuals 1. Mohammad Ali JAFARI [Commander of the Islamic
Revolutionary Guard Corps, born September 1, 1957] 2. Sadeq
MAHSOULI [Minister of Welfare and Social Security, former Minister
of the Interior and Deputy Commander-in-Chief of the Armed Forces
for Law Enforcement, born 1959] 3. Qolam-Hossein MOHSENI-EJEI
[Prosecutor-General of Iran, former Minister of Intelligence, born
circa 1956] 4. Saeed MORTAZAVI [Head of Iranian Anti-Smuggling Task
Force, former Prosecutor-General of Tehran, born 1967] 5. Heydar
MOSLEHI [Minister of Intelligence, born 1956] 6. Mostafa Mohammad
NAJJAR [Minister of the Interior and Deputy Commander-in-Chief of
the Armed Forces for Law Enforcement, born 1956] 7. Ahmad-Reza
RADAN [Deputy Chief of the National Police, born 1963 or 1964] 8.
Hossein TAEB [Deputy Islamic Revolutionary Guard Corps Commander
for Intelligence, former Commander of the Basij Forces, born 1963]