[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
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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.