Appendix B to Part 562 - Executive Order 13871 of May 8, 2019
31:3.1.1.1.24.8.1.2.13 : Appendix B
Appendix B to Part 562 - Executive Order 13871 of May 8, 2019
Executive Order 13871 of May 8, 2019 Imposing Sanctions With
Respect to the Iron, Steel, Aluminum, and Copper Sectors of 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 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,
I, DONALD J. TRUMP, President of the United States of America,
find that: It remains the policy of the United States to deny Iran
all paths to both a nuclear weapon and intercontinental ballistic
missiles, and to counter the totality of Iran's malign influence in
the Middle East. It is also the policy of the United States to deny
the Iranian government revenue, including revenue derived from the
export of products from Iran's iron, steel, aluminum, and copper
sectors, that may be used to provide funding and support for the
proliferation of weapons of mass destruction, terrorist groups and
networks, campaigns of regional aggression, and military
expansion.
In light of these findings and in order to take further steps
with respect to the national emergency declared in Executive Order
12957 of March 15, 1995, and to supplement the authorities provided
in the Iran Freedom and Counter-Proliferation Act of 2012 (subtitle
D of title XII of Public Law 112-239), I 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 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may not be transferred, paid, exported, withdrawn, or otherwise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 the Secretary of State:
(i) To be operating in the iron, steel, aluminum, or copper
sector of Iran, or to be a person that owns, controls, or operates
an entity that is part of the iron, steel, aluminum, or copper
sector of Iran;
(ii) to have knowingly engaged, on or after the date of this
order, in a significant transaction for the sale, supply, or
transfer to Iran of significant goods or services used in
connection with the iron, steel, aluminum, or copper sectors of
Iran;
(iii) to have knowingly engaged, on or after the date of this
order, in a significant transaction for the purchase, acquisition,
sale, transport, or marketing of iron, iron products, aluminum,
aluminum products, steel, steel products, copper, or copper
products from Iran;
(iv) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of any person whose property and interests in
property are blocked pursuant to this section; or
(v) 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 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 before the 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 foreign
financial institution the sanctions described in subsection (b) of
this section upon determining that the foreign financial
institution has, on or after the date of this order, knowingly
conducted or facilitated any significant financial transaction:
(i) For the sale, supply, or transfer to Iran of significant
goods or services used in connection with the iron, steel,
aluminum, or copper sectors of Iran;
(ii) for the purchase, acquisition, sale, transport, or
marketing of iron, iron products, aluminum, aluminum products,
steel, steel products, copper, or copper products from Iran; or
(iii) for or on behalf of any person whose property and
interests in property are blocked pursuant to this order.
(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 subsection (a)(i) through
(a)(iii) of this section, the Secretary of the Treasury may
prohibit the opening, and prohibit or impose strict conditions on
maintaining, in the United States of a correspondent account or
payable-through account by such foreign financial institution.
(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 before the date of this order.
Sec. 3. I hereby determine that the making of donations of the
types 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 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 this section.
Sec. 4. The prohibitions in section 1 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 subsection (a) of
that section; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 5. The unrestricted immigrant and nonimmigrant entry into
the United States of aliens determined to meet one or more of the
criteria in subsection 1(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
therefore 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. 6. (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. 7. Nothing in this order shall apply to transactions for
the conduct of the official business of the Federal Government or
the United Nations (including its specialized agencies, programmes,
funds, and related organizations) by employees, grantees, or
contractors thereof.
Sec. 8. For the purposes of this order:
(a) The term “entity” means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other
organization;
(b) 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. 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;
(c) 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;
(d) 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;
(e) the term “knowingly,” with respect to conduct, a
circumstance, or a result, means that a person has actual
knowledge, or should have known, of the conduct, the circumstance,
or the result;
(f) the term “person” means an individual or entity; and
(g) 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. 9. 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 of this order.
Sec. 10. 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 the President by IEEPA as may be necessary to implement
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 shall take all appropriate
measures within their authority to implement this order.
Sec. 11. (a) Nothing in this order shall be construed to impair
or otherwise affect:
(i) The authority granted by law to an executive department or
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) 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. 12. 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.
Donald J. Trump THE WHITE HOUSE, May 8, 2019. [84 FR 38550, Aug. 7,
2019]