- THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release May 8, 1995
EXECUTIVE ORDER -12959
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 take steps with respect to Iran in addition
to those set forth in Executive Order No. 12957 of March 15,
1995, to deal with the unusual and extraordinary threat to
the national security, foreign policy, and economy of the
United States referred to in that order, hereby order:
Section 1. The following are prohibited, except to the extent
provided 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:
(a) the importation into the United States, or the financing
of such
importation, of any goods or services of Iranian origin, other
than
Iranian-origin publications and materials imported for news
publications or news broadcast dissemination
- (b) except to the extent provided in section 203(b) of IEEPA
(50 U.S.C. 1702(b)), the exportation from the United States
to Iran, the Government of Iran, or to any entity owned or
controlled by the Government of Iran, or the financing of
such exportation, of any goods, technology (including technical
data or other information subject to the Export Administration
Regulations, 15 CFR Parts 768-799 (1994) (the "EAR")),
or services
- (c) the reexportation to Iran, the Government of Iran, or
to any entity
owned or controlled by the Government of Iran, of any goods
or
- technology (including technical data or other information)
exported from the United States, the exportation of which
to Iran is subject to export license application requirements
under any United States regulations in effect immediately
prior to the issuance of this order, unless, for goods, they
have been (i) substantially transformed outside the United
States, or (ii) incorporated into another product outside
the United States and constitute less than 10 percent by value
of that product exported from a third country
- (d) except to the extent provided in section 203(b) of IEEPA
(50 U.S.C. 1702(b)), any transaction, including purchase,
- actions, by a United States person relating to goods or
services of Iranian origin or owned or controlled by the Government
of Iran
- (e) any new investment by a United States person in Iran
or in property (including entities) owned or controlled by
the Government of Iran
- (f) the approval or facilitation by a United States person
of the entry into or performance by an entity owned or controlled
by a United States person of a transaction or contract (i)
prohibited as to United States persons by subsection (c),
(d), or (e) above, or (ii) relating to the financing of activities
prohibited as to United States persons by those subsections,
or of a guaranty of another person's performance of such transaction
or contract and
- (g) any transaction by any 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. 2. 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+ADs-
(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 and
- (e) the term "new investment" means (i) a commitment
or contribution of funds or other assets, or (ii) a loan or
other extension of credit.
Sec. 3. 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,
the requirement of reports, including reports by United States
persons on oil transactions engaged in by their foreign affiliates
with Iran or the Government of Iran, and to employ all powers
granted to the President by IEEPA and 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. 4. The Secretary of the Treasury may not authorize the
exportation or reexportation to Iran, the Government of Iran,
or an entity owned or controlled by the Government of Iran
of any goods, technology, or services subject to export license
application requirements of another agency of the United States
Government, if authorization of the exportation or reexportation
by that agency would be prohibited by law.
Sec. 5. Sections 1 and 2 of Executive Order No. 12613 of October
29, 1987, and sections 1 and 2 of Executive Order No. 12957
of March 15, 1995, are hereby revoked to the extent inconsistent
with this order. Otherwise, the provisions of this order supplement
the provisions of Executive Orders No. 12613 and 12957.
Sec. 6. Nothing contained in this order shall create any right
or benefit, substantive or procedural, enforceable by any
- talities, its officers or employees, or any other person.
Sec. 7. 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. 8. (a) This order is effective at 12:01 a.m., eastern
daylight time, on May 7, 1995, except that (i) section 1(b),
(c), and (d) of this order shall not apply until 12:01 a.m.,
eastern daylight time, on June 6, 1995, to trade transactions
under contracts in force as of the date of this order if such
transactions are authorized pursuant to Federal regulations
in force immediately prior to the date of this order ("existing
trade contracts"), and (ii) letters of credit and other
financing agreements with respect to existing trade contracts
may be performed pursuant to their terms with respect to underlying
trade transactions occurring prior to 12:01 a.m., eastern
daylight time, on June 6, 1995. (b) This order shall be transmitted
to the Congress and published in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE, May 6, 1995.
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