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On January 16, 2016, President Obama issued Executive Order — Revocation of Executive Orders 13574, 13590, 13622, and 13645 with Respect to Iran, Amendment of Executive Order 13628 with Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions. The Executive Order (the “order”) revokes Executive Orders 13574, 13590, 13622, and 13645 with respect to Iran and amending Executive Order 13628 with respect to Iran in order to give effect to the United States commitments with respect to sanctions described in section 4 of Annex II and section 17.4 of Annex V of the Joint Comprehensive Plan of Action of July 14, 2015 (JCPOA) between the P5+1 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States), the European Union (EU), and Iran. In addition, the order takes steps to provide implementation authorities for aspects of certain statutory sanctions that are outside the scope of the U.S. commitments to lift nuclear-related sanctions under the JCPOA.
The JCPOA provides for the lifting of nuclear-related sanctions on Iran in exchange for Iran’s completion of specified nuclear-related steps, as verified by the International Atomic Energy Agency (IAEA). The President determined that:
… Iran’s implementation of the nuclear related measures specified in sections 15.1-15.11 of Annex V of the JCPOA, as verified by the IAEA, marks a fundamental shift in circumstances with respect to Iran’s nuclear program. In order to give effect to the United States commitments with respect to sanctions described in section 4 of Annex II and section 17.4 of Annex V of the JCPOA, section 1 of the order revokes Executive Orders 13574, 13590, 13622, and 13645 in their entirety. Section 2 of the order amends Executive Order 13628 by revoking sections 5 through 7 and section 15 of that order, revising cross references in the remaining sections of that order to the revoked sections, and renumbering the remaining sections of that order.
Section 3(a) of the order provides implementation authority for aspects of section 1244(c)(1)(A) of IFCA [Iran Freedom and Counter Proliferation Act of 2012]; this provision only applies to the extent sanctions are imposed with respect to transactions or activities that are outside the scope of the JCPOA, specifically, providing significant financial, material, technological, or other support to, or goods and services in support of, any activity or transaction on behalf of or for the benefit of persons described in section 1244(c)(2)(C)(iii) of IFCA (i.e., Iranian persons on the list of Specially Designated Nationals and Blocked Persons (SDN List)).
Section 3(b) of the order provides implementation authority for aspects of sections 1244(d)(1)(A), 1245(a)(1), and 1246(a)(1) of IFCA; this provision only applies to the extent sanctions are imposed with respect to transactions or activities that are outside the scope of the JCPOA, as reflected in waiver determinations as to sections 1244(d)(1)(A), 1245(a)(1), and 1246(a)(1) of IFCA issued by the Secretary of State to give effect to sanctions commitments described in sections 17.1-17.3 and 17.5 of Annex V of the JCPOA (including any transactions or activities involving persons on the SDN List), and any renewals thereof.
Section 3(c) of the order provides implementation authority for section 1249 of IFCA, which is outside the scope of the JCPOA.
The President has delegated to the Secretary of the Treasury the authority, in consultation with the Secretary of State, 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 the order, other than the purposes described in section 6 of the order. All agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of the order.
Check our Sanctions blog for additional updates.
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