[House Document 110-128]
[From the U.S. Government Publishing Office]




110th Congress, 2d Session - - - - - - - - - - - - House Document 110-128

 
 CONTINUATION OF A NATIONAL EMERGENCY WITH RESPECT TO RESTRICTIONS ON 
                 NORTH KOREA AND NORTH KOREAN NATIONALS

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

NOTIFICATION THAT AN EXECUTIVE ORDER HAS BEEN ISSUED CONTINUING CERTAIN 
RESTRICTIONS ON NORTH KOREA AND NORTH KOREAN NATIONALS IMPOSED PURSUANT 
 TO THE EXERCISE OF AUTHORITIES UNDER THE TRADING WITH THE ENEMY ACT, 
                     PURSUANT TO 50 U.S.C. 1622(d)




    June 26, 2008.--Message and accompanying papers referred to the 
         Committee on Foreign Affairs and ordered to be printed
To the Congress of the United States:
    Pursuant to the International Emergency Economic Powers 
Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued an Executive Order continuing certain 
restrictions on North Korea and North Korean nationals imposed 
pursuant to the exercise of authorities under the Trading With 
the Enemy Act (50 U.S.C. App. 1 et seq.) (TWEA). In the order, 
I declared a national emergency to deal with the unusual and 
extraordinary threat to the national security and foreign 
policy of the United States posed by the current existence and 
risk of the proliferation of weapons-usable fissile material on 
the Korean Peninsula. I ordered the continuation of certain 
restrictions on North Korea and North Korean nationals as we 
deal with that threat through multilateral diplomacy.
    These restrictions were first imposed pursuant to 
authorities found in section 5(b) of TWEA, following the 
declaration of a national emergency in 1950 in Proclamation 
2914 (15 FR 9029), and continued annually, after the enactment 
of IEEPA in 1977, in accordance with section 101(b) of Public 
Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note). The most 
recent continuation of such TWEA authorities is found in 
Presidential Determination 2007-32 of September 13, 2007. In a 
proclamation, which I signed the same day as the order, I 
terminated, effective the following day, the exercise of TWEA 
authorities with respect to North Korea.
    The order I have issued continues the blocking of certain 
property and interests in property of North Korea or a North 
Korean national that were blocked as of June 16, 2000, and that 
remained blocked immediately prior to the date of my order. 
Absent this order, my proclamation terminating the exercise of 
TWEA authorities with respect to North Korea would have 
resulted in the unblocking of that property.
    The order also continues restrictions relating to North 
Korea-flagged vessels that would otherwise have been terminated 
by my proclamation. These restrictions prohibit United States 
persons from owning, leasing, operating, or insuring any vessel 
flagged by North Korea and from registering vessels in North 
Korea or otherwise obtaining authorization for a vessel to fly 
the North Korean flag. For the reasons set forth above, I found 
that it was necessary to continue these restrictions.
    I delegated to the Secretary of the Treasury, after 
consultation with the Secretary of State, the authority 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 my 
order.
    I am enclosing a copy of the Executive Order and 
proclamation I have issued.

                                                    George W. Bush.
    The White House, June 26, 2008.
                            Executive Order

                              ----------                              


 Continuing Certain Restrictions With Respect to North Korea and North 
                            Korean Nationals

    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) , and section 301 of title 3, United 
States Code,
    I, GEORGE W. BUSH, President of the United States of 
America, find that the current existence and risk of the 
proliferation of weapons-usable fissile material on the Korean 
Peninsula constitute an unusual and extraordinary threat to the 
national security and foreign policy of the United States, and 
I hereby declare a national emergency to deal with that threat. 
I further find that, as we deal with that threat through 
multilateral diplomacy, it is necessary to continue certain 
restrictions with respect to North Korea that would otherwise 
be lifted pursuant to a forthcoming proclamation that will 
terminate the exercise of authorities under the Trading With 
the Enemy Act (50 U.S.C. App. 1 et seq.) (TWEA) with respect to 
North Korea.
    Accordingly, I hereby order:
    Section 1. Except to the extent provided in statutes or in 
regulations, orders, directives, or licenses that may be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior to the date 
of this order, the following are blocked and may not be 
transferred, paid, exported, withdrawn, or otherwise dealt in:
        all property and interests in property of North Korea 
        or a North Korean national that, pursuant to the 
        President's authorities under the TWEA, the exercise of 
        which has been continued in accordance with section 
        101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. 
        App. 5(b) note), were blocked as of June 16, 2000, and 
        remained blocked immediately prior to the date of this 
        order.
    Sec. 2. Except to the extent provided in statutes or in 
regulations, orders, directives, or licenses that may be issued 
pursuant to this order, and notwithstanding any contract 
entered into or any license or permit granted prior to the date 
of this order, United States persons may not register a vessel 
in North Korea, obtain authorization for a vessel to fly the 
North Korean flag, or own, lease, operate, or insure any vessel 
flagged by North Korea.
    Sec. 3. (a) Any transaction by a United States person or 
within the United States that evades or avoids, has the purpose 
of evading or avoiding, or attempts to violate any of the 
prohibitions set forth in this order is prohibited.
    (b) Any conspiracy formed to violate any of the 
prohibitions set forth in this order is prohibited.
    Sec. 4. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, 
trust, joint venture, corporation, group, subgroup, or other 
organization; and
    (c) the term ``United States person'' means any United 
States citizen, permanent resident alien, entity organized 
under the laws of the United States or any jurisdiction within 
the United States (including foreign branches), or any person 
in the United States.
    Sec. 5. The Secretary of the Treasury, after consultation 
with the Secretary of State, is hereby authorized 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 this order. The 
Secretary of the Treasury may redelegate any of these functions 
to other officers and agencies of the United States Government 
consistent with applicable law. All agencies of the United 
States Government are hereby directed to take all appropriate 
measures within their authority to carry out the provisions of 
this order.
    Sec. 6. The Secretary of the Treasury, after consultation 
with the Secretary of State, is hereby authorized to submit the 
recurring and final reports to the Congress on the national 
emergency declared in this order, consistent with section 
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of 
IEEPA (50 U.S.C. 1703(c)).
    Sec. 7. 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, instrumentalities, or entities, its 
officers or employees, or any other person.

                                                    George W. Bush.
    The White House, June 26, 2008.
 Termination of the Exercise of Authorities Under the Trading With the 
                 Enemy Act With Respect to North Korea

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            By the President of the United States of America

                             A PROCLAMATION

    I, GEORGE W. BUSH, President of the United States of 
America, by the authority vested in me by the Constitution and 
the laws of the United States, including section 101(b) of 
Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), 
hereby find that the continuation of the exercise of 
authorities under the Trading With the Enemy Act (50 U.S.C. 
App. 1 et seq.) (TWEA) with respect to North Korea, as 
authorized in Proclamation 2914 of December 16, 1950, most 
recently continued under Presidential Determination 2007-32 of 
September 13, 2007 (72 FR 53407), and implemented by the 
regulations set forth below, is no longer in the national 
interest of the United States.
    Section 1. The exercise of TWEA authorities with respect to 
North Korea, which were implemented by the Foreign Assets 
Control Regulations, 31 C.F.R. part 500, and the Transaction 
Control Regulations, 31 C.F.R. part 505, and that were 
continued by Presidential Determination 2007-32 of September 
13, 2007, is terminated, and Presidential Determination 2007-32 
is rescinded with respect to North Korea.
    Sec. 2. The Secretary of the Treasury is authorized and 
directed to take all appropriate measures within the 
Secretary's authority to give effect to this proclamation.
    Sec. 3. This proclamation is not intended to, and does not, 
create any right, benefit, or privilege, substantive or 
procedural, enforceable at law or in equity, by any party 
against the United States, its departments, agencies, 
instrumentalities, or entities, its officers or employees, or 
any other person.
    Sec. 4. This proclamation is effective at 12:01 a.m. 
eastern daylight time on June 27, 2008.
    IN WITNESS WHEREOF, I have hereunto set my hand this 
twenty-sixth day of June, in the year of our Lord two thousand 
eight, and of the Independence of the United States of America 
the two hundred and thirty-second.
                                                    George W. Bush.

                                  
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