Addressing Threats to the United States by the Government of Iran

I have received additional information from various senior officials on, among other things, the actions and policies of the Government of Iran, including the circumstances related to the national emergency declared in Executive Order 12957 and expanded on in subsequent orders. After considering this additional information, among other things, I find that the national emergency declared in Executive Order 12957 and further described in subsequent orders continues and that the actions and policies of the Government of Iran continue to pose an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States.

To deal with the national emergency described in Executive Order 12957 and subsequent orders, I determine that it is necessary and appropriate to impose an additional ad valorem duty on imports of articles that are products of foreign countries that directly or indirectly purchase, import, or otherwise acquire any goods or services from Iran. In my judgment, the tariff regime, as described below, in addition to maintaining the other measures taken to address the national emergency described in Executive Order 12957 and subsequent orders, will more effectively deal with the national emergency described in those orders.

(b)(i) The Secretary of Commerce, in consultation with the Secretary of State and any senior official the Secretary of Commerce deems appropriate, shall determine whether, after the effective date of this order, a foreign country directly or indirectly purchases, imports, or otherwise acquires any goods or services from Iran. After the Secretary of Commerce finds that a foreign country directly or indirectly purchases, imports, or otherwise acquires any goods or services from Iran, the Secretary of Commerce shall inform the Secretary of State of his finding, including any information relevant to that finding.

(ii) The Secretary of Commerce may issue rules, regulations, and guidance necessary or appropriate to implement this order. The Secretary of Commerce may also make any other determinations or take any other actions necessary or appropriate to implement this order.

(c)(i) After the Secretary of Commerce makes an affirmative finding pursuant to subsection (b)(i) of this section and informs the Secretary of State of his finding, the Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, and the United States Trade Representative, shall determine whether and to what extent an additional ad valorem rate of duty should be imposed on goods that are products of the foreign country found to directly or indirectly purchase, import, or otherwise acquire goods or services from Iran.

(ii) If the Secretary of State determines that an additional ad valorem rate of duty should be imposed on goods that are products of the country found to directly or indirectly purchase, import, or otherwise acquire goods or services from Iran, the Secretary of State shall inform me of his recommendation, and the Secretary of Commerce shall inform me of his finding related to that recommendation. I will then consider the recommendation and finding, among other relevant things, in determining whether and to what extent to impose an additional ad valorem rate of duty on goods that are products of the country in question.

(iii) The Secretary of State may issue rules, regulations, and guidance necessary or appropriate to implement this order. The Secretary of State may also make any other determinations or take any other actions necessary or appropriate to implement this order.

(b) Should a foreign country retaliate against the United States in response to this order or any action taken pursuant to this order, I may modify this order or actions taken pursuant to this order to ensure the efficacy of this order and the actions taken pursuant to this order to deal with the national emergency described in section 1 of this order.

(c) Should the Government of Iran or a foreign country affected by this order take significant steps to address the national emergency described in section 1 of this order and align sufficiently with the United States on national security, foreign policy, and economic matters, I may modify this order.

(b) The Secretary of State, in consultation with the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Homeland Security, the United States Trade Representative, and any other senior official the Secretary of State deems appropriate, shall recommend to me additional action, if necessary, if the actions in this order or taken pursuant to this order are not effective in dealing with the national emergency described in section 1 of this order.

(c) The Secretary of Commerce shall monitor whether a foreign country directly or indirectly purchases, imports, or otherwise acquires any goods or services from Iran. The Secretary of Commerce shall continue such monitoring after a foreign country has been found to do so.

(a) The term “goods or services from Iran” shall be construed consistent with 31 CFR 560.306, and the term shall include only goods or services for which United States persons are prohibited from trading in with respect to Iran.

(b) The term “indirectly” includes purchases, imports, or other acquisitions of Iranian goods and services through intermediaries or third countries where the origin of the good or service can reasonably be traced to Iran, as determined by the Secretary of Commerce.

(c) The term “Iran” means the Islamic Republic of Iran, its territory, 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.

(d) The term “Government of Iran” includes the Government of the Islamic Republic of Iran, any political subdivision, agency, or instrumentality thereof, including the Central Bank of Iran and the Islamic Revolutionary Guard Corps, and any person owned or controlled by, or acting for or on behalf of, the Government of Iran.

(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.

(d) The costs for publication of this order shall be borne by the Department of Commerce.