Text of a Letter from the President to the Speaker of the House of Representatives and the President of the Senate on New Executive Order on Iran

January 16, 2016

TEXT OF A LETTER FROM THE PRESIDENT
TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
AND THE PRESIDENT OF THE SENATE

January 16, 2016

Dear Mr. Speaker: (Dear Mr. President:)

Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby report that I have issued an Executive Order (the "order") revoking 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.

In Executive Order 12957 of March 15, 1995, the President found that the actions and policies of the Government of Iran threaten the national security, foreign policy, and economy of the United States. To deal with that threat, the President declared a national emergency and imposed prohibitions on certain transactions with respect to the development of Iranian petroleum resources. To further respond to that threat and to provide implementing authority for Iran-related sanctions legislation including the Iran Sanctions Act of 1996 (Public Law 104-172) (50 U.S.C. 1701 note); certain statutory requirements of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195) (22 U.S.C. 8501 et seq.); section 1245(c) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112 81) (22 U.S.C. 8513a); certain statutory requirements of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112-158) (22 U.S.C. 8701 et seq.); and certain statutory requirements of the Iran Freedom and Counter Proliferation Act of 2012 (subtitle D of title XII of Public Law 112-239) (22 U.S.C. 8801 et seq.) (IFCA) the President issued Executive Order 12959 of May 6, 1995, Executive Order 13059 of August 19, 1997, Executive Order 13553 of September 28, 2010, Executive Order 13574 of May 23, 2011, Executive Order 13590 of November 20, 2011, Executive Order 13599 of February 5, 2012, Executive Order 13606 of April 22, 2012, Executive Order 13608 of May 1, 2012, Executive Order 13622 of July 30, 2012, Executive Order 13628 of October 9, 2012, and Executive Order 13645 of June 3, 2013.

On July 14, 2015, the P5+1, the EU, and Iran announced the JCPOA, which will verifiably prevent Iran from acquiring a nuclear weapon and ensure that Iran's nuclear program will be exclusively peaceful. 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).

I have 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; 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.

I have 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.

I am enclosing a copy of the Executive Order I have issued.

Sincerely,

BARACK OBAMA