Executive Order 13608-Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria
Issued 2012-05-01 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama issued this order to crack down on foreign individuals and companies that help others evade U.S. economic sanctions against Iran and Syria. The order gives the Secretary of the Treasury authority to impose penalties on foreign persons who violate existing sanctions, facilitate deceptive transactions for people under U.S. sanctions, or act on behalf of sanctions evaders. These penalties can include prohibiting all transactions involving that foreign person and U.S. goods, services, or technology.
The order affects foreign individuals and businesses anywhere in the world who assist in circumventing U.S. sanctions on Iran or Syria. It also suspends entry into the United States for certain foreign sanctions evaders. The President stated that such activities "undermine our efforts to address the national emergencies" previously declared regarding Iran and Syria.
This action relies on the International Emergency Economic Powers Act and previous national emergency declarations. While courts have generally upheld presidential sanctions authority under this law, the constitutionality of such broad delegated power has drawn criticism, particularly regarding whether Congress can transfer such sweeping economic regulatory authority to the President for emergencies that can last years or decades.
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Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13608 ("Executive Order 13608-Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria") 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, 2012 Executive Order 13608—Prohibiting Certain Transactions With and Suspending Entry Into the United States of Foreign Sanctions Evaders With Respect to Iran and Syria May 1, 2012 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 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, Barack Obama, President of the United States of America, hereby find that efforts by foreign persons to engage in activities intended to evade U.S. economic and financial sanctions with respect to Iran and Syria undermine our efforts to address the national emergencies declared in Executive Order 12957 of March 15, 1995, as relied on for additional steps in subsequent Executive Orders, in Executive Order 13338 of May 11, 2004, as modified in scope and relied on for additional steps in subsequent Executive Orders, in Executive Order 12938 of November 14, 1994, as relied on fo