Executive Order 13716-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 Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015
Issued 2016-01-16 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order made changes to U.S. sanctions against Iran in connection with a nuclear agreement reached in July 2015 called the Joint Comprehensive Plan of Action. After the International Atomic Energy Agency verified that Iran had implemented specific nuclear-related measures outlined in the agreement, President Obama revoked four previous executive orders that had imposed various sanctions on Iran. These prior orders, dating from 2011 to 2013, had authorized sanctions related to Iran's energy and petrochemical sectors and other economic restrictions. Additionally, the order amended another executive order from 2012 by removing certain sections.
The order affects businesses and individuals who were previously subject to the sanctions being lifted, as well as government agencies responsible for implementing sanctions policy. The revocations were intended to fulfill U.S. commitments under the nuclear agreement to lift certain nuclear-related sanctions in exchange for Iran's implementation of nuclear measures.
The President acted under authority granted by several laws passed by Congress, including the International Emergency Economic Powers Act and various Iran sanctions laws. The order does not end the overall national emergency regarding Iran that was declared in 1995, which remains in effect. The order also provides implementation authorities for certain statutory sanctions that fall outside the scope of what the U.S. committed to lift under the nuclear agreement.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13716 ("Executive Order 13716-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 Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015") imposes sanctions or economic restrictions targeting Iran. The President's stated rationale: "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." The International Emergency Economic Powers Act (IEEPA) grants the President broad authority to regulate international economic transactions when a national emergency has been declared. Presidents from both parties have used IEEPA extensively for foreign policy sanctions.
While the statutory authority is well-established, IEEPA's breadth has drawn constitutional criticism. The statute delegates sweeping power to the President during emergencies that can last for years or decades. The non-delegation doctrine questions whether Congress can transfer such broad economic regulatory authority to the executive branch. Despite these concerns, courts have generally deferred to presidential sanctions decisions.
Official Summary
Administration of Barack Obama, 2016 Executive Order 13716—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 Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015 January 16, 2016 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 .) (NEA), the Iran Sanctions Act of 1996 (Public Law 104–172) (50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195) (22 U.S.C. 8501 et seq .), the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158), 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), 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, Barack Obama, President of the United Sta