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Executive Order13553? Legally Debatable

Executive Order 13553-Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the Government of Iran and Taking Certain Other Actions

Issued 2010-09-28 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

On September 28, 2010, President Barack Obama issued an executive order freezing the property and assets of certain individuals connected to serious human rights abuses by the Government of Iran. The order blocks all property and interests in property within the United States or under the control of any U.S. person belonging to individuals determined to be responsible for or complicit in serious human rights abuses against people in Iran occurring on or after June 12, 2009. It also targets anyone who has materially assisted or provided support for such activities, as well as those owned or controlled by blocked persons.

This action affects Iranian government officials, members of paramilitary organizations, and anyone acting on behalf of the Iranian government who committed or ordered such abuses. It also impacts U.S. persons and entities who might otherwise do business with these individuals. The blocking of property means these assets cannot be transferred, paid, exported, withdrawn, or otherwise dealt with, and U.S. persons are prohibited from making any contributions or providing funds, goods, or services to blocked individuals.

The order was issued under the International Emergency Economic Powers Act and related statutes, building on a national emergency previously declared in 1995. President Obama stated that prior notice of these measures would render them ineffectual because of the ability to transfer funds instantaneously. The order also prohibits any attempts to evade these restrictions or any conspiracy to violate them.

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Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

Executive Order 13553 ("Executive Order 13553-Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the Government of Iran and Taking Certain Other Actions") 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 H. Obama, 2010 Executive Order 13553—Blocking Property of Certain Persons With Respect to Serious Human Rights Abuses by the Government of Iran and Taking Certain Other Actions September 28, 2010 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 .), the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195) (CISADA), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, I, Barack Obama, President of the United States of America, hereby order: Section 1. (a) All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, including any overseas branch, of the following persons are blocked and may not be transferred,

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